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BILL NO. 42

                                                 Private Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                    An Act to Incorporate
                   the LaHave River Valley
                     Heritage Association










                 
                                                               
                                                               
                The Honourable Donald R. Downe
                        Lunenburg West


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               
                               
                     An Act to Incorporate
                    the LaHave River Valley
                      Heritage Association



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the LaHave River Valley Heritage Association Act.


         2    In this Act,

              (a)  "Association" means the LaHave River Valley Heritage Association;

              (b)  "Board" means the Board of Directors of the Association;

              (c)  "by-laws" means the by-laws of the Association;

              (d)  "director" means a member of the Board.


         3    There is hereby established a body corporate to be known as the LaHave River
Valley Heritage Association.


         4    The object of the Association is to promote the lumbering heritage of the LaHave
River Valley and the LaHave River as a tourist attraction and, in particular, to develop, own and
operate an historical project along the LaHave River, within the boundaries of the Town of
Bridgewater, which project may include a working replica of a stream or water-powered
sawmill, a functional woods operation, walking trails and interpretative sites, a museum and
interpretation centre, a cook house and any other related projects that the Association may
approve.


         5    (1)  The membership of the Association consists of such persons as are members
pursuant to the by-laws.

              (2)  Notwithstanding subsection (1), until the by-laws, including a by-law made
pursuant to clause 10(1)(a), come into effect, the membership of the Association consists of
James E. Copeland, Robert Frank, David Townsend, George Lake, Jack Logan, Richard Lord,
William A. Rhodenizer, Arthur H. Young and Graham M. Wile, all of Lunenburg County.


         6    (1)  The management of the affairs of the Association is vested in a Board of
Directors of the Association which may exercise all the powers of the Association.

              (2)  The Board consists of such number of persons as the by-laws determine.

              (3)  The Board shall be elected as determined by the by-laws.

              (4)  Each director holds office for such term as is prescribed by the by-laws.


         7    The directors shall elect from among themselves such officers as are prescribed by
the by-laws.


         8    (1)  There may be a chief administrative employee of the Association appointed
by the Board who shall be known as the Chief Executive Officer.

              (2)  The Chief Executive Officer shall administer the Association and its
institutions, services and programs.


         9    (1)  The Association may exercise all the powers necessary or incidental to the
attainment of its object and the exercise of its powers and, without restricting the generality of
the foregoing, may

                   (a)  take by donation, deed, devise, bequest, lease, gift, grant or otherwise,
              real and personal property of any and every description, sell, lease, mortgage,
              hypothecate or invest the same, hold lands or tenements or any interest therein, and
              execute and carry out any trusts and terms upon which any lands or interests
              therein or personal property is devised, bequeathed, granted or conveyed to it;

                   (b)  raise or borrow money for the object of the Association;

                   (c)  secure the repayment of monies so raised or borrowed in such manner
              and upon such terms and conditions as the Board thinks fit and, without restricting
              the generality of the foregoing, by the execution and delivery of mortgages of all or
              any part of the real or personal property of the Association, both present and
              future, or by the issue of bonds, debentures, promissory notes or hypothecation
              forms secured by mortgage or other charge upon all or any part of the real or
              personal property of the Association, both present and future;

                   (d)  pledge debentures as security for loans;

                   (e)  sign or endorse bills, notes, acceptances, cheques, contracts and other
              evidence of or securities for money borrowed or to be borrowed;

                   (f)  retain any investment, bequest, devise or gift in the form in which the
              same is acquired by it for as long as the Board thinks fit, invest the proceeds or the
              same or any part thereof and hold any real or personal property subject to and
              upon any trusts, terms or conditions imposed in the acquisition thereof.

              (2)  Bonds, debentures and other securities issued pursuant to this Act may be
made assignable, free from any equities between the Association and the person to whom the
securities were issued.


         10   (1)  The Board may make by-laws respecting the conduct and management of the
affairs of the Association and the exercise by the Association of its powers including, without
restricting the generality of the foregoing, by-laws respecting

                   (a)  the qualifications for membership in the Association and the manner
              in which a person may apply for admission to membership in the Association and
              be admitted to membership and the manner in which a person may be removed as
              a member;

                   (b)  the calling of meetings of the Association;

                   (c)  the procedure to be followed at meetings of the Association;

                   (d)  the election of the Board and the terms of office of the directors;

                   (e)  the calling of meetings of the Board;

                   (f)  the attendance of directors at meetings of the Board;

                   (g)  the procedure to be followed at meetings of the Board and of its
              committees;

                   (h)  the appointment of officers, boards and committees;

                   (i)  the delegation of powers and duties to officers, boards and committees;

                   (j)  the reimbursement of directors for reasonable expenses incurred while
              engaged in the performance of their duties;

                   (k)  the appointment, removal, functions and duties of the staff, officers,
              agents and servants of the Association;

                   (l)  the management and administration of the Association.

              (2)  A by-law has no force or effect until approved by the membership of the
Association at a meeting of the Association.

              (3)  Notwithstanding anything contained in this Section, the membership of the
Association as constituted by subsection 5(2) may make any by-law that the Board may make
pursuant to subsection (1).


         11   The real and personal property of the Association used for the purposes of the
Association is exempt from any tax imposed by or pursuant to any Act of the Legislature.


         12   The first meeting of the membership of the Association shall be held within six
months of the coming into force of this Act.


         13   (1)  For greater certainty, the Town of Bridgewater is not liable for any costs
relating to the management and operation of the Association or its projects or for the capital
costs of any projects undertaken by the Association.

              (2)  Where any property is no longer used for the purpose of carrying out the
objects of the Association, the Association shall transfer all right, title and interest of the
Association in the property to the Town of Bridgewater.

              (3)  The Association shall make any transfer required by subsection (2) free and
clear of all liens, charges or other encumbrances.