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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“Board” means the Community Board appointed under section 2;(conseil)

“Corporation” means Le Centre communautaire Sainte-Anne;(Société)

“District Education Council” means the District Education Council established under the Education Act for the school district that includes École Sainte-Anne;(conseil d’éducation de district)

“gift” includes grant, devise, bequest, trust, endowment and donation;(don)

“Minister” means the member of the Executive Council charged by the Lieutenant-Governor in Council with the administration of this Act.(Ministre)

“School Board” Repealed: 2019, c.12, s.3

1986, c.19, s.1; 1992, c.5, s.21; 2019, c.12, s.3

Establishment of Centre communautaire, Community Board

2(1)There is hereby established on behalf of Her Majesty in right of the Province of New Brunswick a body corporate to be known as “Le Centre Communautaire Sainte-Anne” consisting of eleven members.

2(2)The Community Board shall be appointed in the following manner:

(a) two persons appointed by the Lieutenant-Governor in Council, each of whom shall be nominated by the Minister; and

(b) nine persons appointed by the Minister,

(i) two of whom shall be councillors from the District Education Council, nominated by the District Education Council, and

(ii) seven of whom shall be persons elected at large by members of the French linguistic community within the boundaries of the school district that includes École Sainte-Anne at a public meeting called for the purpose of such election.

2(2.1)For the purpose of electing at large persons to be appointed members of the Board, public meetings shall be called annually by the Board and shall be held, after public advertisement and in accordance with the procedure established by the Board, within ninety days before the end of the fiscal year of the Corporation.

2(2.2)Notwithstanding subsection (2.1), the first public meeting held for the purpose of electing at large persons to be appointed members of the Board shall be called jointly by Le Cercle Français de Fredericton Inc. and the Board, as it is constituted at the time the meeting is called, and shall be held, after public advertisement and in accordance with the procedure established jointly by Le Cercle Français de Fredericton Inc. and the Board, within ninety days before April 1, 1987.

2(2.3)The Board may when a vacancy on the Board exists among persons referred to in subparagraph (2)(b)(ii) call, and hold after public advertisement and in accordance with the procedure established by the Board, a public meeting for the purpose of electing at large a person to be appointed a member of the Board to fill the vacancy.

2(2.4)Where a meeting called under subsection (2.1), (2.2) or (2.3) does not result in the election of a sufficient number of persons to fill the vacancies on the Board, the Minister may appoint such persons as the Minister sees fit to fill the vacancies.

2(3)Each member of the Board appointed under paragraph (2)(a) shall hold office for a period of three years or until

(a) a successor is appointed,

(b) the appointment is sooner revoked by the Lieutenant-Governor in Council, or

(c) the person dies or resigns.

2(3.01)Each member of the Board appointed under paragraph (2)(b) shall hold office for a period of three years or until

(a) a successor is appointed,

(b) the appointment is sooner revoked by the Minister, or

(c) the person dies or resigns.

2(3.1)Notwithstanding subsection (3), of the members of the first Board appointed in accordance with subsection (2)

(a) one of the members nominated by the Premier shall be appointed to hold office for two years;

(b) one of the members nominated by the District Education Council shall be appointed to hold office for two years;

(c) two of the members elected by the members of the French linguistic community shall be appointed to hold office for two years; and

(d) two of the members elected by the members of the French linguistic community of Fredericton shall be appointed to hold office for one year.

2(4)A member may be re-appointed for one or more further terms in accordance with subsection (2).

2(5)Where a vacancy occurs among the members of the Board appointed under paragraph (2)(a), the Lieutenant-Governor in Council may appoint a person in accordance with paragraph (2)(a) to fill the vacancy for the balance of the term of the member replaced.

2(5.1)Where a vacancy occurs among the members of the Board appointed under paragraph (2)(b), the Minister may appoint a person in accordance with paragraph (2)(b) to fill the vacancy for the balance of the term of the member replaced.

2(6)The Board shall from among its members appoint a Chairman and Vice-Chairman.

2(7)The Vice-Chairman shall act as Chairman where the Chairman is unable to act by reason of illness, absence or inability from any other cause.

2(8)The Chairman, Vice-Chairman and all other members of the Board shall receive no remuneration, but may be reimbursed by the Corporation for such reasonable expenses as are incurred by them in the performance of their duties

2(9)Except for the payment of expenses as provided in subsection (8), no member of the Board shall receive, or is entitled to, a share of the revenue or assets of the Corporation.

2(10)A majority of the members of the Board constitutes a quorum.

2(11)The Board may make rules governing its own procedures.

1986, c.19, s.2; 1992, c.5, s.21; 1995, c.34, s.1; 2019, c.12, s.3

Objects, characteristics of Corporation

3(1)The Corporation is an agency of the Crown in right of the Province of New Brunswick and is deemed to be a Crown Corporation under the Proceedings Against the Crown Act.

3(2)The objects of the Corporation shall be

(a) to provide, on land and in buildings and structures referred to in subsection 6(3)

(i) educational facilities to allow the District Education Council to offer instruction of the regular school curriculum in the French language in accordance with the Education Act, and

(ii) community facilities operated by the Board;

(b) to plan, develop, administer and coordinate the overall community development of the French linguistic community within the boundaries of the school district that includes École Sainte-Anne;

(c) to facilitate the organizing of primarily French-language cultural presentations, and other community activities primarily in French, by offering development, promotional, technical, support and other similar services;

(d) to provide facilities for the purposes of carrying out the objects referred to in paragraphs (b) and (c);

(e) to administer grants and funds from various sources, including revenues referred to in subsection 8(2).

3(3)The Corporation shall be a charitable non-profit organization.

3(4)The Head Office of the Corporation shall be in the City of Fredericton.

1986, c.19, s.3; 1992, c.5, s.21; 2019, c.12, s.3; 2023, c.17, s.20

Employees of Corporation

4The Board may

(a) employ such employees as are necessary to carry out the objects of the Corporation; and

(b) fix the salary and the terms and conditions of employment of employees.

1986, c.19, s.4

Responsability to Board, delegation

5Employees employed under section 4 are responsible to the Board and the Board may delegate its administrative responsibilities to an employee who is appointed general manager by the Board.

1986, c.19, s.5

Real, personal property of Corporation

6(1)All real property acquired by the Corporation is the property of, and shall be held in the name of, the Crown in right of the Province.

6(2)Personal property acquired by the Corporation is the property of the Crown in right of the Province but may be held in the name of the Corporation.

6(3)The Corporation has the general administration, management and control of all the lands described in Schedule A and the buildings and structures situated thereon, and all real property acquired pursuant to this Act.

6(4)There shall be vested in the Corporation all the rights, title and interest of the Minister of Supply and Services to a certain easement in common with the University of New Brunswick and the New Brunswick Telephone Company Limited over the lands described in Schedule B, as those rights, title and interest existed on June 17, 1977.

2012, c.39, s.25; 2015, c.44, s.87; 2023, c.17, s.20

Gifts to Corporation

7(1)Subject to subsections 6(1) and (2), the Board may accept on behalf of the Corporation any gift from any public or private body or person notwithstanding that it is made by the donor on terms and conditions and may execute any instrument necessary or expedient to ensure the carrying into effect of such terms and conditions but the acceptance and carrying out of such terms and conditions shall not in any way conflict with subsection 3(3).

7(2)Where in making any gift to the Corporation the donor expresses the desire that the object of his gift shall be inalienable, the Board shall not transfer such object to any public or private body or person for consideration or otherwise, and any transfer in violation of this subsection shall be null and void.

7(3)The rule against perpetuities and the rule against accumulations do not apply to gifts made to the Corporation or to money or property received by the Corporation.

7(4)The Corporation shall not transfer, convey or otherwise dispose of real property referred to in subsection 6(3), except with the written approval of the Lieutenant-Governor in Council.

Banking, accounts, revenues, buildings and facilities

8(1)The Corporation may make banking arrangements and shall keep such accounts as are satisfactory to the Auditor General but the funds of the Corporation are not part of the Consolidated Fund.

8(2)Revenues realized by the Corporation pursuant to subsection 7(4), by way of leasing its facilities, charging a fee for the use of its facilities and through its general operations shall be retained by the Corporation and may be used by the Corporation in the carrying out of its objects.

8(3)Subject to the approval of the Lieutenant-Governor in Council, the Corporation may construct on lands acquired or held in the name of the Crown in right of the Province for the Corporation, buildings and facilities required by the Corporation to carry out its objects.

2023, c.17, s.20

Funding

9(1)The fiscal year of the Corporation shall be the period commencing on the first day of April and ending on the thirty-first day of March next following.

9(2)Each year, on or before September 30, the Board shall submit to the Minister an estimate of the money required for the operation of the Corporation during the next fiscal year.

9(3)The Minister of Finance and Treasury Board shall in each year pay out of the Consolidated Fund to the Corporation such amounts as are appropriated by the Legislature for the operation of the Corporation.

9(4)The Corporation is entitled to use such funds as are appropriated for its use by the Legislature and may retain from year to year any surplus which it has realized in its operations.

2019, c.29, s.24

Auditing of Corporation’s accounts

10The accounts of the Corporation shall be audited annually by the Auditor General and a report of the audit shall be made to the Corporation and to the Lieutenant-Governor in Council.

Board’s reports to Minister

11(1)The Board shall make a report annually to the Minister upon the affairs of the Corporation and the Minister shall lay the report before the Legislative Assembly if it is then in session, or if not, at the next ensuing session.

11(2)The Minister may at such times and as often as he considers necessary, require the Board to furnish to him, in addition to the report made under subsection (1), reports or information respecting all or any part of the business and operation of the Corporation, and the Board shall comply with such requirement.

Borrowing by Corporation

12(1)With the approval of the Lieutenant-Governor in Council, the Corporation may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit or loan, or otherwise upon the credit of the Corporation, from a chartered bank or other financial institution in such amounts not exceeding in the aggregate one hundred thousand dollars of principal outstanding at any one time upon such terms, for such periods and upon such other conditions as the Corporation may determine.

12(2)The Lieutenant-Governor in Council may guarantee the payment of the principal and interest on the money borrowed or raised pursuant to subsection (1).

Commencement

13This Act or any provision thereof comes into force on a day to be fixed by proclamation.

SCHEDULE A

All that certain lot, piece or parcel of land, situate, lying and being in the City of Fredericton, County of York and Province of New Brunswick being more particularly described as follows:

Note: In the following description, all bearings are azimuth bearings based on the north point of the New Brunswick Provincial Co-ordinate System, co-ordinate values stated are those of the said system.

Beginning at the intersection of the most northerly limits of Priestman Street with the most easterly limits of Regent Street, said point having N.B. co-ordinates (960161.20E, 796182.42N); thence from the place of beginning following the said limits of Regent Street on an azimuth of thirty-two degrees, seven minutes and twenty-two seconds (32° - 07′ - 22″), a distance of nine hundred fifty-seven and seventy-three hundredths feet (957.73′) to a point; thence on an azimuth of one hundred twenty-one degrees, one minute and fifty-two seconds (121° - 01′ - 52″), a distance of seven hundred forty-four and fifty-seven hundredths feet (744.57′) to a point having N.B. co-ordinates (961308.48E, 796609.71N); thence on an azimuth of two hundred ten degrees, forty-eight minutes and fifty-six seconds (210° - 48′ - 56″), a distance of five hundred thirty-seven and thirty hundredths feet (537.30′) to a point on the most northerly limits of the New Brunswick Telephone Company Limited property, thence on an azimuth of three hundred degrees, forty-nine minutes and two seconds (300° - 49′ - 02″), along the said boundary of the N.B. Tel property a distance of four hundred eighty-three and forty hundredths feet (483.40′) to a point; thence on an azimuth of two hundred ten degrees, forty-eight minutes and fifty-six seconds (210° - 48′ - 56″), a distance of four hundred seventeen and forty hundredths feet (417.40′) to the said limits of Priestman Street; thence along the said limits of Priestman Street on an azimuth of three hundred degrees, forty-nine minutes and two seconds (300° - 49′ - 02″) a distance of two hundred eighty-three and zero hundredths feet (283.00′) to the place of beginning.

The hereinbefore described parcel of land, containing eleven and ninety-seven hundredths acres more or less (11.97 Ac±), being more particularly shown as Lot P8 on a sub-division plan prepared by E. H. Smith, N. B. L. S., said plan being registered as Plan No. 4379 in the York County Records.

SCHEDULE B

All that certain lot, piece or parcel of land, situate, lying and being in the City of Fredericton, County of York and Province of New Brunswick being more particularly described as follows:

Note: In the following description, all bearings are azimuth bearings based on the north point of the New Brunswick Provincial Co-Ordinate System, co-ordinate values stated are those of the said system.

Beginning on the most northerly limits of Priestman Street, at the southeasterly corner of Lot P2 owned by the New Brunswick Telephone Company Limited, said point having co-ordinates (960819.39E, 795789.80N); thence along the said limits of Priestman Street on an azimuth of three hundred degrees, forty-nine minutes and two seconds (300° - 49′ - 02″), a distance of sixty-six and zero hundredths feet (66.00′) to a point; thence on an azimuth of thirty degrees, forty-eight minutes and fifty-six seconds (30° - 48′ - 56″), a distance of four hundred and seventeen and forty hundredths feet (417.40′) to a point; thence on an azimuth of one hundred twenty degrees, forty-nine minutes and two seconds (120° - 49′ - 02″), a distance of sixty-six and zero hundredths feet (66.00′) to the northeasterly corner of Lot P2; thence on an azimuth of two hundred ten degrees, forty-eight minutes and fifty-six seconds (210° - 48′ - 56″), a distance of four hundred seventeen and forty hundredths feet (417.40′) to the place of beginning.

The hereinbefore described parcel of land, containing twenty-seven thousand five hundred fifty square feet more or less (27550 sq. ft.±), being more particularly shown as Parcel P2-1 on a subdivision plan by E. H. Smith, N. B. L. S., said plan being registered as Plan No. 4379 in the York County Records.

N.B. This Act was proclaimed and came into force on June 22, 1977.

N.B. This Act is consolidated to June 16, 2023.

C-1.1 - Le Centre communautaire Sainte-Anne Act

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