BILL NO. 51
(as passed)
3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003
Crosbie Memorial Trust Fund Act
CHAPTER 17 OF THE ACTS OF 2003
Mark Parent
Kings North
First Reading: May 9, 2003 (LINK TO BILL AS INTRODUCED)
Second Reading: May 9, 2003
Third Reading: May 22, 2003
Royal Assent: May 22, 2003
An Act to Establish the
Dr Jack Crosbie Memorial
Addictions Trust Fund
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Crosbie Memorial Trust Fund Act.
2 In this Act,
(a) "Authority" means the Annapolis Valley District Health Authority;
(b) "district" means the Annapolis Valley health district;
(c) "fiscal year" means the fiscal year of the Fund established by this Act;
(d) "Fund" means the trust fund established by this Act;
(e) "Minister" means the Minister of Health;
(f) "programs" means the addiction services programs referred to in Section 7;
(g) "trustee" means a trustee of the Fund.
3 (1) There is hereby established a trust fund to be known as the Crosbie Memorial Addictions Trust Fund.
(2) There shall be paid into the Fund
(a) all money that is held in trust by the Authority as the Crosbie Centre Special Purposes and Endowment Fund at the time this Act comes into force;
(b) all interest and other earnings realized by investing the Fund; and
(c) money from any person or source made payable to the Fund.
4 (1) The Fund shall be held in trust and managed by a board of six trustees consisting of
(a) one person appointed by the Authority;
(b) one person appointed by the Minister;
(c) three persons appointed by the Governor in Council who
(i) reside in the district, and
(ii) are considered by the Governor in Council to be knowledgeable about the treatment and prevention of addiction problems and supportive of the programs; and
(d) Mrs Martha Crosbie, widow of the late Dr Jack Crosbie of Kentville, for life or until her resignation, or such descendant of Dr Jack Crosbie as is appointed in writing by Mrs Crosbie in her stead for the life of that descendant or until the resignation of that descendant.
(2) Notwithstanding clause (1)(d) and subject to subsection (3), where Mrs Martha Crosbie or the descendant that she has appointed has ceased to act as a trustee the Minister shall appoint another person in that person's place as a trustee and thereafter the board of trustees consists of
(a) one person appointed by the Authority;
(b) two persons appointed by the Minister; and
(c) three persons appointed by the Governor in Council who
(i) reside in the district, and
(ii) are considered by the Governor in Council to be knowledgeable about the treatment and prevention of addiction problems and supportive of the programs.
(3) When making one of the two appointments contemplated by clause (2)(b), the Minister may give preference to an applicant who is a descendant of Dr Jack Crosbie.
(4) A trustee holds office for a three-year term and is eligible for re-appointment for an additional term of three years.
(5) No trustee may serve more than two terms of three years.
(6) Where a trustee is unable to complete a term of office, a replacement trustee may be appointed for the balance of the term and in the same manner as that trustee was appointed pursuant to subsection (1) or (2).
(7) For greater certainty, subsections (3), (4) and (5) do not apply to Mrs. Martha Crosbie or a descendant of Dr Jack Crosbie appointed in her stead.
5 (1) At the first meeting of the board of trustees in each fiscal year for operation of the Fund, the trustees shall elect one of their number to be chair of the board of trustees.
(2) Where in any fiscal year the trustees are unable to agree on the election of the chair of the board of trustees, the Governor in Council shall appoint the chair for that year.
(3) Subject to subsection 9(1), each trustee has one vote in any decision regarding the Fund and, where a vote is taken, the decision shall be made on the basis of a majority vote of the trustees.
(4) The chair may vote in any decision of the trustees and, in the event of a tie vote other than a vote taken under subsection (1), the chair has a second or casting vote.
(5) Four trustees, at least one of whom is the chair, constitute a quorum of the board of trustees.
6 Subject to this Act, the trustees have all the powers and duties of a trustee under the Trustee Act and may invest the property comprising the Fund in any manner permitted under that Act.
7 The object of the Fund is to support addiction services programs within the district.
8 (1) To support the object set out in Section 7, the trustees may expend money from the Fund to
(a) provide training and professional development for staff of the programs;
(b) promote awareness of addiction issues and available services;
(c) reduce barriers to accessibility to addiction services;
(d) enhance client participation in the programs;
(e) subject to subsection (4), support capital improvements needed for the programs.
(2) The Fund is not to be used to offset day-to-day operating expenses of the programs.
(3) In any fiscal year the trustees may not expend more than the sum of
(a) the interest income and other earnings realized from investments that accrued to the Fund in the previous fiscal year; and
(b) ten per cent of the total value of the Fund at the end of the previous fiscal year.
(4) In any fiscal year the portion of the sum referred to in subsection (3) that is spent to support capital improvements pursuant to clause (1)(e) may not exceed fifty thousand dollars.
9 (1) Approval for any expenditure from the Fund must be made in writing by at least four of the trustees.
(2) Notice of any expenditures from the Fund must be given to any trustee who did not sign the approval.
10 (1) The fiscal year for operation of the Fund is from April 1st in any year to March 31st in the following year.
(2) Within three months of the end of each fiscal year, the trustees shall prepare or cause to be prepared a report on the Fund containing statements of revenue and expenses, assets and liabilities and such other information as will disclose the financial condition of the Fund and summarize its operations during that fiscal year, in accordance with generally accepted accounting principles and audited by a public accountant within the meaning of the Public Accountants Act.
(3) All investment management expenses and other expenses of administration of the Fund, including the costs of preparing the report and performing the audit referred to in subsection (2), are a charge upon and payable from the Fund.
(4) A copy of the report referred to in subsection (2) shall be delivered forthwith to the Minister and to the Authority.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated May 26, 2003. Send comments to legc.office@novascotia.ca.
