Definitions
1 In this Regulation,
(a) “Act”
means the Cancer Programs Act;
(b) “directive”
means an instrument issued under section 2(6);
(c) “Foundation” means the Alberta Cancer
Foundation established by section 40 of the Act.
AR 245/98 s1;251/2001
Transfer of property
to Foundation
2(1) The board may, after taking all reasonable
steps to ensure that existing trust conditions, if any, will be complied with,
transfer to the Foundation any property received by the board by means of a
bequest, donation or other gift.
(2) Subject
to any directive, the board may make repayable advances to the Foundation.
(3) Subject to any directive,
the board may provide a non-monetary subsidy to the Foundation if the board
expects to receive benefits from the Foundation that exceed the value of that
subsidy.
(4) If
the board provides a non-monetary subsidy under subsection (3), it shall advise
the Foundation of the value of the subsidy within 21 days after the end of the
board’s fiscal year.
(5) The
board may transfer any property to the Foundation under circumstances not
covered by any other subsection of this section provided that the board
considers that it is receiving fair value in exchange for the transfer of
property.
(6) The
Minister may issue to the board a written policy, rule, direction or guideline
for the purposes of subsection (2) or (3).
Winding-up of
Foundation
3(1) The Minister may order that the Foundation be
wound up in any of the following circumstances:
(a) on
the request of the Foundation;
(b) if
the Foundation contravenes the Act or the regulations;
(c) if
the Minister is satisfied that the Foundation is inactive;
(d) if
the Minister is satisfied that the Foundation is not carrying out its objects;
(e) if
the board ceases to exist.
(2) The
Foundation may not be wound up except by an order of the Minister under
subsection (1).
(3) If
the Minister orders that the Foundation be wound up,
(a) the
Minister shall, subject to section 49 of the Act and to subsection (4), take
such measures as the Minister considers necessary to give effect to the order
and, for that purpose, has all the power and authority to act as if the
Minister were the Foundation, and
(b) the
board may not exercise any of its powers or authority except under the
direction of the Minister.
(4) If
the Foundation is wound up, the balance of the property of the Foundation,
after applying section 49 of the Act, shall be transferred
(a) to
a successor foundation if, in the Minister’s opinion, there is one,
(b) if,
in the Minister’s opinion, there is no successor foundation, to the board for
the benefit of any facilities or programs formerly benefitted by the Foundation,
or
(c) if, in the Minister’s opinion, there is no
successor foundation and either there are no facilities or programs referred to
in clause (b) or the board no longer exists or is no longer functioning, to
another person in Alberta who is a qualified donee within the meaning of the Income
Tax Act (Canada) and who has objects or purposes that the Minister
indicates to be similar to the objects of the Foundation.
AR 245/98 s3;251/2001
Expiry
4 For the purpose of ensuring
that this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be repassed in its present or an amended form following a
review, this Regulation expires on November 30, 2009.
AR 245/98 s4;63/2003
