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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-4

AN ACT RESPECTING THE CANCER TREATMENT AND RESEARCH FOUNDATION

Analysis

1. Short title

2. Definitions

3. Foundation

4. Objects of foundation

5. Seal and documents

6. Membership

7. Term of office

8. Foundation chairperson

9. Meetings

10. Board

11. Members of board

12. Board chairperson

13. Funds and property

14. Agreements

15. Employees

16. Audit

17. Report

18. Patents

19. Property

20. Investments

21. Grants

22. By-laws


Short title

1. This Act may be cited as the Cancer Treatment and Research Foundation Act.

1971 No63 s1

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Definitions

2. In this Act

(a) "board" means the advisory medical board referred to in section 10;

(b) "cancer" includes all forms and types of malignant growth and precancerous conditions;

(c) "financial year of the foundation" means the period beginning on April 1 in one calendar year and ending on March 31 in the next calendar year;

(d) "foundation" means The Newfoundland Cancer Treatment and Research Foundation referred to in section 3; and

(e) "minister" means the Minister of Health.

1971 No63 s2

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Foundation

3. The Newfoundland Cancer Treatment and Research Foundation is continued as a corporation.

1971 No63 s3

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Objects of foundation

4. The objects of the foundation are the establishment and conduct of a program of diagnosis of, treatment of and research in, cancer, including,

(a) the co-ordination of facilities for the treatment of cancer;

(b) the establishment, maintenance and operation, or assistance in the establishment, maintenance and operation, of research, diagnostic and treatment centres in general hospitals or elsewhere;

(c) the establishment, maintenance and operation of hostels in connection with treatment centres;

(d) the laboratory and clinical investigation of problems relating to cancer;

(e) the adequate reporting of cases of cancer and the recording and compilation of data relating to cancer;

(f) the education of the public in the importance of early diagnosis and treatment of cancer;

(g) the providing of assistance for undergraduate and postgraduate study relating to cancer;

(h) the training of technical personnel to help in the examination, diagnosis, treatment and study of cancer;

(i) by voluntary means, the correlation and co-ordination of the work and studies of all agencies, clinics or persons in the province that may have similar objects or purposes in view or that may be carrying on similar or related work or studies;

(j) the providing and awarding of funds for research and training fellowships; and

(k) all lawful acts and things that are incidental to or that may be conducive to the attainment of the objects of the foundation.

1971 No63 s4

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Seal and documents

5. (1) The common seal of the foundation shall have inscribed on it the words "The Newfoundland Cancer Treatment and Research Foundation".

(2) All deeds and documents to which the foundation is a party and to which a seal is necessary shall be authenticated by the common seal of the foundation and signed by the chairperson or the vice-chairperson of the foundation.

(3) A contract or instrument which, if entered into or executed by a person not being a corporation, would not be required to be under seal, may be entered into or executed on behalf of the foundation by a person generally or specially authorized by it for that purpose.

(4) A document purporting to be a document executed or issued under the seal of the foundation or on behalf of the foundation shall, until the contrary is proved, be considered to be a document so executed or issued.

1971 No63 s6

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Membership

6. The membership of the foundation shall consist of

(a) the chairperson of the board who shall by virtue of his or her office be a member of the foundation; and

(b) those other persons being not less than 7 nor more than 12 in number who may be appointed members of the foundation by the minister.

1971 No63 s7; 1982 c51 s1; 1983 c76 s2

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Term of office

7. (1) Unless a member sooner resigns, dies or is removed from office, a member of the foundation appointed by the minister shall hold office for 3 years from the date his or her appointment becomes effective and afterward until his or her successor is appointed.

(2) Where a member of the foundation appointed by the minister stops being a member before the expiration of the term of his or her appointment, a person appointed to fill the vacancy shall, unless the member sooner resigns, dies or is removed from office, hold office for the remainder of the term of office of the person in whose place he or she was appointed and afterward until his or her successor is appointed.

(3) A member of the foundation whose term of office has expired is eligible for reappointment but a member may not serve for a continuous period longer than 9 years.

(4) The exercise of the powers of the foundation shall not be impaired because of a vacancy in its membership.

1971 No63 s8; 1983 c76 s2

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Foundation chairperson

8. (1) The minister shall designate 1 of the members of the foundation to be chairperson and another to be vice-chairperson of the foundation.

(2) The chairperson shall preside at all meetings of the foundation at which he or she is present and in his or her absence the vice-chairperson shall preside.

(3) Where the chairperson or vice-chairperson is absent from a meeting of the foundation, the members present shall elect 1 of their number to act as chairperson of the meeting.

1971 No63 s9; 1983 c76 s2

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Meetings

9. (1) The foundation shall hold an annual general meeting in each calendar year at a time and place that may be determined by the foundation.

(2) A written notice stating the time and place of, and the business to be dealt with at, the annual general meeting shall be mailed to each member by the chairperson of the foundation or someone nominated by the chairperson at least 7 days before the date set for holding the meeting.

(3) The chairperson, or in his or her absence the vice-chairperson, of the foundation or any 3 members of the foundation may call a meeting of the foundation.

(4) A written notice stating the time and place of, and the business to be dealt with at, a meeting called under subsection (3) shall be mailed to each member by 1 of the persons calling the meeting at least 7 days before the date set for holding the meeting.

(5) A majority of the members of the foundation shall form a quorum for a meeting of the foundation.

1971 No63 s10

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Board

10. (1) There shall be an advisory medical board to advise and help the foundation in carrying out its objects.

(2) Subject to the approval of the minister, the foundation shall appoint the members of the board, consisting of those persons representative of the medical faculty of the Memorial University of Newfoundland and the medical profession within the province and other persons who the foundation considers necessary or desirable and all of whom shall be representative of the medical profession generally or of persons engaged in allied sciences.

1971 No63 s11; 1983 c76 s2

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Members of board

11. (1) Unless a member of the board sooner resigns, dies or is removed from office, a member of the board shall hold office for 3 years from the date his or her appointment becomes effective and afterward until his or her successor is appointed.

(2) Where a member of the board stops being a member before the expiration of the term of his or her appointment, a person appointed to fill the vacancy shall, unless that person sooner resigns, dies or is removed from office, hold office for the remainder of the term of office of the person in whose place he or she was appointed and afterward until his or her successor is appointed.

(3) A member of the board whose term of office has expired is eligible for reappointment.

1971 No63 s12

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Board chairperson

12. The foundation shall, subject to approval of the minister, annually designate 1 member of the board to be chairperson of that board.

1971 No63 s13; 1983 c76 s2

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Funds and property

13. The funds of the foundation shall consist of money received by it, including money granted to it by the Legislature, and the foundation shall have charge, control and management of its funds and property and may disburse, spend or otherwise deal with its funds or property in the manner consistent with its objects that it considers appropriate.

1971 No63 s14

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Agreements

14. Subject to the approval of the Lieutenant-Governor in Council, the foundation may enter into an agreement with a university, medical association, hospital or other association, corporation or person, for the purpose of carrying out the objects of the foundation.

1971 No63 s15

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Employees

15. (1) The foundation may employ a director and the officers, clerks and servants that it considers necessary and may engage the services of those experts and other persons that it considers necessary and may pay the director, officers, clerks, servants, experts or other persons remuneration that it considers appropriate out of its funds and fix the terms of their service.

(2) Notwithstanding section 13, where a part of the remuneration of the persons referred to in subsection (1) is to be paid for out of money received by the foundation from the Legislature, the appointment of these persons and the amount of the remuneration payable to them shall be subject to the prior written approval of the Lieutenant-Governor in Council.

(3) The members of the foundation and of the board shall serve without remuneration but may be paid the amounts for travelling and other expenses incurred in the work of the foundation that the foundation may determine.

1973 No63 s16

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Audit

16. The accounts of the foundation shall be audited at least once a year by a person appointed by the Lieutenant-Governor in Council for that purpose and the costs of the audit shall be paid by the foundation.

1971 No63 s17

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Report

17. The foundation shall make an annual report to the minister describing the work and progress of the foundation during the immediately preceding financial year and the report shall include the financial statement of the foundation for that financial year, certified by the auditor, and those other matters that the minister may require.

1971 No63 s18

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Patents

18. The foundation may, with the approval of the Lieutenant-Governor in Council, apply for or acquire by purchase, assignment or otherwise rights in a patent relating to a remedy for the prevention or cure of cancer and may sell and dispose of the patent, or of an interest in the patent, and grant or assign rights that may be acquired by the foundation under the patent.

1971 No63 s19

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Property

19. The foundation may purchase, take, have, hold, receive, possess and retain property, real or personal, corporeal or incorporeal, and an estate or interest in the property, given, granted, leased, devised, mortgaged, bequeathed, appropriated, purchased or acquired to, by or for the benefit of the foundation and may sell, convey, alienate, mortgage, lease or demise, in whole or in part, that property held by the foundation.

1971 No63 s20

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Investments

20. The foundation may invest or reinvest money in investments in which a trustee is authorized to invest under the Trustee Act.

1971 No14 s2; 1971 No63 s21

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Grants

21. The Minister of Finance, on the requisition of the minister, may pay and advance to the foundation out of the Consolidated Revenue Fund grants voted by the Legislature to the foundation.

1971 No63 s22

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By-laws

22. Subject to the approval of the Lieutenant-Governor in Council, the foundation may make the by-laws, rules or regulations that are considered expedient for the administration of its affairs.

1971 No63 s23

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