The Saskatchewan Property Management Corporation Act

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1 SASKATCHEWAN PROPERTY 1 The Saskatchewan Property Management Corporation Act Repealed by Chapter 64 of the Statutes of Saskatchewan, 2004 (effective April 1, 2005). Formerly Chapter S-32.3 of the Statutes of Saskatchewan, (effective November 6, 1987) as amended by the Statutes of Saskatchewan, , c.15; 1993, c.16 and 55; 1998, c.p-42.1; 2000, c.l-5.1; 2002, c.c-11.1 and R-8.2; and 2004, c.w-17.2 and 10. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 SASKATCHEWAN PROPERTY Table of Contents 1 Short title 2 Interpretation 3 Corporation continued 4 Agent of Crown 5 Capacity to contract 6 Board of directors 7 Responsible to minister 8 Executive committee, advisory committees and boards 9 Head office 10 Staff 11 Superannuation and other plans 12 Powers of corporation 13 Appropriation 14 Borrowing power of Minister of Finance 15 Borrowing power of corporation 16 Guarantee by Saskatchewan 17 Investment 18 Expropriation 19 Fiscal year 20 Audit 21 Annual report 22 Provision of services, property, etc. 23 Reimbursing corporation 24 Borrowing from corporation 25 Transfers from Crown 26 Regulations 27 Certain acts, etc. 28 References

3 SASKATCHEWAN PROPERTY 3 CHAPTER S-32.3 An Act respecting the Saskatchewan Property Management Corporation Short title 1 This Act may be cited as The Saskatchewan Property Management Corporation Act. Interpretation 2 In this Act: (a) board means the board of directors of the corporation; (b) board of education means a board of education as defined in The Education Act; (c) consolidated fund means the consolidated fund as defined in The Financial Administration Act; (d) corporation means the Saskatchewan Property Management Corporation continued by subsection 3(1); (e) Crown means Her Majesty the Queen in right of Saskatchewan; (f) department means a department as defined in The Government Organization Act; (g) Repealed. 1993, c.16, s.2. (h) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (i) municipality means: (i) an urban municipality as defined in The Urban Municipality Act, 1984 and includes The City of Lloydminster; (i.1) a city as defined in The Cities Act; (ii) a rural municipality within the meaning of The Rural Municipality Act; or (iii) a northern municipality as defined in The Northern Municipalities Act; (j) property includes any right, title, estate or interest in real or personal property; (k) public agency means a department, corporation or other body that is an agent of the Crown, body established or continued by an Act or the Lieutenant Governor in Council, public institution, or any other body designated by the Lieutenant Governor in Council as a public agency for the purposes of this Act;

4 4 SASKATCHEWAN PROPERTY (l) (m) public institution means: (i) a regional health authority or an affiliate, as defined in The Regional Health Services Act ; (ii) a university, college, institute, board of education or conseil scolaire, the conseil général or any other educational institution or body; (iii) a municipality or other local governing body; (iv) an institution or body that derives its funds in whole or in part from the Government of Saskatchewan; (v) any other institution or body designated by the Lieutenant Governor in Council as a public institution for the purposes of this Act; Repealed. 1993, c.16, s.2. (n) special-care home means a special-care home as defined in The Housing and Special-care Homes Act , c.s-32.3, s.2; , c.15, s.5; 1993, c.16, s.2; 1993, c.55, s.189; 2002, c.c-11.1, s.408 and R-8.2, s.95. Corporation continued 3(1) The Saskatchewan Property Management Corporation constituted pursuant to Part I of The Crown Corporations Act, 1978 is continued as the Saskatchewan Property Management Corporation. (2) The corporation shall consist of those persons who may be appointed by the Lieutenant Governor in Council , c.s-32.3, s.3. Agent of Crown 4(1) The corporation is for all its purposes an agent of the Crown and its powers under this Act may be exercised only as an agent of the Crown. (2) All property of the corporation, both real and personal, all money acquired, administered, possessed or received from any source and all profits earned by the corporation are the property of the Crown and are for all purposes, including taxation of whatever nature or description, deemed to be the property of the Crown , c.s-32.3, s.4. Capacity to contract 5(1) The corporation has capacity to contract and to sue and be sued in its corporate name in respect of any right acquired or obligation incurred by it on behalf of the Crown as if the right or obligation had been acquired or incurred on its own behalf, and the corporation may also sue in respect of any tort, and may be sued in respect of any liabilities in tort to the extent to which the Crown is subject by reason of The Proceedings against the Crown Act. (2) The corporation may, on behalf of the Crown, contract in its corporate name without specific reference to the Crown , c.s-32.3, s.5.

5 SASKATCHEWAN PROPERTY 5 Board of directors 6(1) A board of directors of the corporation, consisting of those persons who are appointed to constitute the corporation pursuant to subsection 3(2), shall manage the affairs and business of the corporation. (2) The Lieutenant Governor in Council may designate one of the members of the board as chairman and another member as vice-chairman. (3) Where the chairman is absent or unable to act or the office of chairman is vacant, the vice-chairman may exercise all the powers and shall perform all the duties of the chairman. (4) The Lieutenant Governor in Council may fix the number of members of the board who shall constitute a quorum for the transaction of business at meetings of the board. (5) The Lieutenant Governor in Council may determine the remuneration for services and the allowances for travelling and other expenses to be paid to members of the board , c.s-32.3, s.6. Responsible to minister 7 The corporation is responsible to the minister in the performance of its duties and the exercise of its powers , c.s-32.3, s.7. Executive committee, advisory committees and boards 8(1) The board may from time to time: (a) appoint from its number an executive committee; and (b) by resolution, delegate to the executive committee any powers that it considers necessary for the efficient conduct of the affairs and business of the corporation. (2) A member of the executive committee holds office until he: (a) is removed by resolution of the board; or (b) has ceased to be a member of the board. (3) The executive committee may exercise any powers of the board that are delegated to it by resolution of the board, subject to any restrictions contained in the resolution. (4) The executive committee shall: (a) fix its quorum at not less than a majority of its members; (b) keep minutes of its proceedings; and (c) submit to the board, at each meeting of the board, the minutes of the executive committee s proceedings during the period since the most recent meeting of the board.

6 6 SASKATCHEWAN PROPERTY (5) The board may from time to time: (a) appoint any advisory committees or boards that it considers necessary for the efficient conduct of the affairs and business of the corporation; (b) prescribe the duties of any committee or board appointed pursuant to clause (a); and (c) fix the remuneration and allowances for expenses of members of any committee or board appointed pursuant to clause (a) , c.s-32.3, s.8. Head office 9 The head office of the corporation shall be situated at any place within Saskatchewan that the Lieutenant Governor in Council may designate , c.s-32.3, s.9. Staff 10(1) Notwithstanding The Public Service Act, 1998, the corporation may: (a) employ any officers and other employees that it considers necessary for the conduct of its operations; and (b) determine their respective duties and powers, their conditions of employment and their remuneration, which shall be paid by the corporation. (2) The corporation has control over and shall supervise its officers and employees , c.s-32.3, s.10; 1998, c.p-42.1, s.42. Superannuation and other plans 11(1) Unless the Lieutenant Governor in Council by order otherwise directs, The Public Service Superannuation Act and The Superannuation (Supplementary Provisions) Act apply mutatis mutandis to the officers and employees of the corporation. (2) The corporation may establish and support any or all of: (a) a superannuation plan where the Lieutenant Governor in Council has made an order under subsection (1); (b) a group insurance plan; (c) any other pension, superannuation or employee benefit program; for the benefit of the officers and employees of the corporation and the dependants of those officers and employees. (3) Notwithstanding subsection (1), any order made pursuant to that subsection or any other Act or law, where a person: (a) was a contributor pursuant to: (i) (ii) The Liquor Board Superannuation Act; The Power Corporation Superannuation Act;

7 SASKATCHEWAN PROPERTY 7 (iii) (iv) (v) (vi) The Public Service Superannuation Act; The Saskatchewan Telecommunications Superannuation Act; or The Superannuation (Supplementary Provisions) Act; Repealed. 2004, c.w-17.2, s.14. immediately prior to that person s employment by the corporation or an order being made pursuant to subsection (1); and (b) continues to be a contributor pursuant to a superannuation Act mentioned in clause (a) while employed by the corporation; for the purposes of the superannuation Act pursuant to which the person contributes: (c) the person s service with the corporation shall be counted as service pursuant to that superannuation Act; and (d) the person, his widow or her widower, as the case may be, his children or other dependants or his legal representative may be granted the allowances or gratuities provided for in that superannuation Act , c.s-32.3, s.11; 2004, c.w-17.2, s.14. Powers of corporation 12(1) In addition to any other powers conferred on the corporation by this Act, the corporation may: (a) acquire, by purchase, lease or otherwise, develop, construct, maintain, manage, operate or dispose of property for the corporation and for and on behalf of the Government of Saskatchewan and public agencies; (b) provide services, accommodation and facilities to the Government of Saskatchewan and public agencies; (c) develop, service or otherwise improve any lands; (d) erect, construct, alter, equip or improve buildings, structures or other improvements; (e) administer, operate and maintain services, accommodation and facilities; (f) act as a general contractor or project manager; (g) conduct and co-ordinate research, studies, investigations, surveys and programs; (h) enter into and participate in partnerships, syndicates or joint undertakings; (i) enter into agreements or arrangements; (j) charge, mortgage or otherwise encumber or give a security interest in any of its property;

8 8 SASKATCHEWAN PROPERTY (k) take, hold or otherwise acquire mortgages, leases, charges or other security interests in any property and sell or otherwise dispose of them; (l) provide loans, grants, guarantees, indemnities or other financial assistance to public institutions or facilitate their provision by others; (m) acquire, by purchase or otherwise, hold and deal with, and dispose of by sale or otherwise, shares of the capital stock or bonds, debentures or other securities of any incorporated company, and appoint representatives or agents to exercise any of its rights or powers as holder of the stock, bonds, debentures or other security; (n) Repealed. 2000, c.l-5.1, s.486. (o) fix, levy and collect fees, rates, interest or charges on account of providing any services, facilities, accommodation or property; (p) exercise any powers that the corporation considers necessary, incidental or conducive to the efficient performance of the corporation s powers, functions or duties; (q) carry out or engage in any other function or activity assigned to it by the Lieutenant Governor in Council. (2) The corporation has the capacity and power: (a) to incorporate and promote any other corporations for any purpose that, in the opinion of the corporation, will directly or indirectly benefit the corporation; and (b) to accept, directly or through subsidiary corporations, extra-provincial powers and rights and to exercise powers beyond the boundaries of Saskatchewan to the extent permitted by the laws in force where those powers are sought to be exercised. (3) The corporation may provide loans, guarantees, indemnities or other financial assistance, or facilitate their provision by others, to corporations in which the corporation or any subsidiary of the corporation holds shares, bonds, debentures or other securities , c.s-32.3, s.12; 2000, c.l-5.1, s.486. Appropriation 13 The Minister of Finance shall pay to the corporation out of the general revenue fund any money appropriated by the Legislature for the purposes of the corporation, in the amounts and at the times requested by the corporation , c.s-32.3, s.13; 2004, c.10, s.17.

9 SASKATCHEWAN PROPERTY 9 Borrowing power of Minister of Finance 14(1) The Minister of Finance may advance money to the corporation out of the general revenue fund for the purposes of the corporation, in any amounts, at any times and on any terms that may be determined by the Lieutenant Governor in Council. (2) In order to provide the money mentioned in subsection (1), the Lieutenant Governor in Council may authorize the Minister of Finance to borrow money on the credit of the Government of Saskatchewan and, for that purpose, to issue bonds, debentures or any other securities of the Government of Saskatchewan that the Lieutenant Governor in Council considers advisable. (3) Any money that the Minister of Finance is authorized to borrow pursuant to subsection (2): (a) shall be borrowed in accordance with The Financial Administration Act, 1993; and (b) may be borrowed for any term not exceeding 30 years. (4) All money borrowed by the Minister of Finance pursuant to subsection (2) and interest and other amounts payable on that money, and the principal of and the interest, premium and other amounts payable on all securities issued for the purpose of the borrowing are a charge on and are payable out of the general revenue fund , c.s-32.3, s.14; , c.15, s.5; 2004, c.10, s.17 and 18. Borrowing power of corporation 15(1) Subject to the approval of the Lieutenant Governor in Council, the corporation may borrow from time to time any sums of money that the corporation requires for its purposes, including, without limiting the generality of the foregoing: (a) the repayment, renewal or refunding from time to time of the whole or any part of any money borrowed or securities issued by the corporation pursuant to this Act; (b) the repayment in whole or in part of advances made by the Minister of Finance to the corporation; (c) the payment in whole or in part of any loan or liability or of any bonds, debentures or other securities or indebtedness the payment of which is guaranteed or assumed by the corporation; (d) the reimbursement of the corporation for any expenditure made in carrying out any of the powers of the corporation and the repayment in whole or in part of any temporary borrowings of the corporation for any such purposes; and, for the purpose of such borrowing, the corporation may issue any bonds, debentures or other securities, bearing any rate of interest and being payable as to principal and interest at any time, in any manner, in any place in Canada or elsewhere and in the currency of any country that the corporation, with the approval of the Lieutenant Governor in Council, may determine.

10 10 SASKATCHEWAN PROPERTY (2) The bonds, debentures and other securities mentioned in subsection (1) may be issued in any amounts that will realize the net sums required for the purposes of the corporation, and a recital or declaration in the resolution or minute of the corporation authorizing the issue of the securities, to the effect that the amount of those securities authorized is necessary to realize the net sum required for the purposes of the corporation, is conclusive evidence of that fact. (3) Subject to the approval of the Lieutenant Governor in Council, the corporation may sell or otherwise dispose of any bonds, debentures or other securities mentioned in subsection (1) on any terms and conditions that it considers advisable or may, with like approval, charge, pledge, hypothecate, deposit or otherwise deal with them as collateral security. (4) The corporation may treat any securities dealt with as collateral security pursuant to subsection (3) as unissued when: (a) the securities are redelivered to the corporation or its nominees on or after payment, satisfaction, release or discharge in whole or in part of any indebtedness or obligation for which they may have been given as collateral; or (b) the corporation again becomes entitled to the securities; and may, subject to the approval of the Lieutenant Governor in Council, issue, reissue, charge, pledge, hypothecate, deposit, deal with as collateral security, sell or otherwise dispose of those securities on any terms and conditions that the corporation considers advisable or, at its option, may cancel and issue fresh securities in the like amount and in like form in lieu thereof with the like consequences and on the issue or reissue a person entitled thereto has the same rights and remedies as if the securities had not been previously issued. (5) Subject to the approval of the Lieutenant Governor in Council, the Minister of Finance shall determine the form and manner of execution of any bonds, debentures or other securities issued pursuant to this section. (6) The corporation may, by resolution or minute, provide that: (a) the seal of the corporation may be engraved, lithographed, printed or otherwise mechanically reproduced on any bonds, debentures or other securities to which it is to be affixed; and (b) any signature on any bonds, debentures or other securities and on the coupons, if any, attached to them, may be engraved, lithographed, printed or otherwise mechanically reproduced on them. (7) The seal of the corporation, when mechanically reproduced as provided by subsection (6), is of the same force and effect as if manually affixed, and any signature, when mechanically reproduced as provided by subsection (6), is for all purposes valid and binding on the corporation, notwithstanding that any person whose signature is reproduced has ceased to hold office before the date of issue of the security.

11 SASKATCHEWAN PROPERTY 11 (8) Subject to the approval of the Lieutenant Governor in Council, the corporation may borrow, by way of temporary loans from any chartered bank or credit union or from any person or corporation, any sum of money, on any terms, for any purposes and on any conditions that the corporation may determine: (a) by way of bank overdraft or line of credit; (b) by the pledging, as security for those temporary loans, of notes, bonds, debentures or other securities of the corporation pending their sale or in lieu of the selling of them; or (c) in any other manner that the corporation may determine; and any cheques, promissory notes or other instruments that may be necessary or desirable in connection with the borrowing of money and the obtaining of advances by way of temporary loans may be executed in any manner that the corporation may determine , c.s-32.3, s.15. Guarantee by Saskatchewan 16(1) The Lieutenant Governor in Council may, on any terms that may be stated in the Order in Council passed for the purpose, guarantee the payment of: (a) the principal, interest and premium, if any, of any bonds, debentures or other securities issued by the corporation; (b) any loans, temporary or otherwise, raised by the corporation; (c) any indebtedness or liability for the payment of money incurred by the corporation or to which it may be or become subject. (2) Any guarantee made pursuant to subsection (1) shall be in the form and manner that the Lieutenant Governor in Council may approve. (3) The Minister of Finance, or any other officer that may be designated by the Lieutenant Governor in Council, shall sign a guarantee made pursuant to subsection (1) and, on being so signed, the Government of Saskatchewan is liable, according to the tenor of the guarantee, for the payment of: (a) the principal, interest and premium, if any, of the bonds, debentures or other securities; (b) the loans, temporary or otherwise; and (c) the indebtedness or liability for the payment of money. (4) Any guarantee signed in accordance with subsection (3) is conclusive evidence of compliance with the terms of this section. (5) The Lieutenant Governor in Council may make any arrangements that may be necessary for supplying the money required to implement any guarantee made pursuant to this section and to advance the amount necessary for that purpose out of the general revenue fund , c.s-32.3, s.16; 2004, c.10, s.17.

12 12 SASKATCHEWAN PROPERTY Investment 17 The corporation may from time to time: (a) invest any part of the capital or operating moneys of the corporation in any security or class of securities authorized for investment of moneys in the general revenue fund pursuant to The Financial Administration Act, 1993; and (b) dispose of the investments in any manner, on any terms and in any amount that the corporation considers expedient , c.s-32.3, s.17; , c.15, s.5; 2004, c.10, s.17 and 18. Expropriation 18(1) Subject to the prior approval of the Lieutenant Governor in Council, the corporation may, without the consent of the owner or of any interested person, enter on, take possession of, expropriate and use any real property that, in the opinion of the Lieutenant Governor in Council, is necessary for the use or purposes of the corporation. (2) Subject to the prior approval of the Lieutenant Governor in Council, the corporation and its servants, agents or contractors may, without the consent of the owner or any interested person, enter on any land and survey and take levels of the land and take any samples and borings and sink any trial pits as the corporation considers necessary for the use or purposes of the corporation. (3) The Expropriation Procedure Act applies to any action taken pursuant to subsection (1) or (2) , c.s-32.3, s.18. Fiscal year 19 The fiscal year of the corporation is the period commencing on April 1 in one year and ending on March 31 in the next year or any other period that the Lieutenant Governor in Council may prescribe , c.s-32.3, s.19. Audit 20 The Provincial Auditor or any other auditor appointed by the Lieutenant Governor in Council shall audit the records, accounts and financial statements of the corporation annually and at any other time that the Lieutenant Governor in Council may require , c.s-32.3, s.20. Annual report 21(1) The corporation shall, in each fiscal year, in accordance with The Tabling of Documents Act, submit to the minister: (a) a report of the corporation on its business for its preceding fiscal year; and (b) a financial statement showing the business of the corporation for its preceding fiscal year in any form that may be required by Treasury Board.

13 SASKATCHEWAN PROPERTY 13 (2) The minister shall, in accordance with The Tabling of Documents Act, lay before the Legislative Assembly each report and statement received by him pursuant to subsection (1) , c.s-32.3, s.21. Provision of services, property, etc. 22 Notwithstanding any other Act or law, a public agency has the capacity and authority: (a) to enter into arrangements or agreements with the corporation for the acquisition of services or for the acquisition, maintenance and operation of any property, accommodation or facilities relating to the carrying out of the functions and purposes of the agency; and (b) to make any payments required by the arrangement or agreement , c.s-32.3, s.22. Reimbursing corporation 23 Notwithstanding any other Act or law, a public agency is authorized to make payments to the corporation for the purpose of reimbursing the corporation for payments it has made pursuant to any grant or financing arrangement entered into relating to providing funds to any public institution in Saskatchewan, and those payments to the corporation may include interest and other amounts payable pursuant to the grant or financing arrangement in excess of the payments made by the corporation , c.s-32.3, s.23. Borrowing from corporation 24(1) A public institution may secure an advance from the corporation of any sum or sums it considers necessary for conducting its business and affairs. (2) Notwithstanding any other Act or law, for the purpose of securing any advance under subsection (1): (a) a public institution may enter into an agreement with the corporation which contains any terms or conditions that are considered necessary and desirable with respect to the advance; and (b) the provisions of any other Act or law which: (i) prescribe the requirements of any approval, authorization, permission, notice, bylaw, vote or other step or procedure prior or subsequent to any borrowing or expenditure by the public institution; (ii) limit, restrict or otherwise affect: (A) the power of the public institution to borrow or make expenditures; (B) the amount of any borrowing or expenditure by the public institution;

14 14 SASKATCHEWAN PROPERTY do not apply to the extent that the obligation of the public institution to repay the advance secured is, including any interest or other cost of the advance, conditional upon the payment by the Crown of funds for the purpose of repaying the amount advanced. (3) Where a public institution secures any advance pursuant to subsection (1) which is conditional, in whole or in part, on repayment to the corporation as mentioned in subsection (2), the amount of the advance shall not be taken into account in the application of the provisions referred to in subsection (2) to the public institution to the extent that the repayment of the advance is so conditioned , c.s-32.3, s.24. Transfers from Crown 25(1) Subject to subsection (2), the Lieutenant Governor in Council may by order transfer to and vest in the corporation any land or any interest or right of the Crown in, to, over or affecting any land or building or furnishings, equipment or other movable or immovable property on or in the land or building. (2) Subsection (1) does not apply to: (a) any government land within the meaning of The Wascana Centre Act: (i) on which no building is situated; or (ii) which is not used primarily for the parking or storage of motor vehicles; (b) the Legislative and Executive Building in the City of Regina and the land on which it is physically situated including any land used primarily for the parking of motor vehicles in connection with the use of the building. (3) Notwithstanding any other Act, an order pursuant to subsection (1) is for all purposes a legal and valid grant, conveyance and transfer to the corporation of the interest or right transferred by it. (4) Where an order made pursuant to subsection (1) transfers land to the corporation, the corporation shall apply to the Registrar of Titles to transfer the title to the land to the corporation. (4.1) Where an order made pursuant to subsection (1) transfers an interest in land to the corporation, the corporation shall apply to the Registrar of Titles to assign the interest to the corporation. (5) An application pursuant to subsection (4) or (4.1) must be accompanied by a copy of the order made pursuant to subsection (1), certified by the Clerk of the Executive Council. (5.1) The Registrar of Titles shall not charge any fee in connection with an application pursuant to subsection (4) or (4.1). (5.2) An application pursuant to subsection (4) or (4.1) must only be made where the land or interest transferred is under The Land Titles Act, 2000.

15 SASKATCHEWAN PROPERTY 15 (6) A transfer of any interest or right pursuant to subsection (1) is effective notwithstanding any lack of fulfillment of any provision in any lease or other agreement or instrument requiring consent, leave or approval to or of a transfer or assignment and the transfer shall be deemed not to be a breach of or default under any lease or other agreement or instrument , c.s-32.3, s.25; 2000, c.l-5.1, s.487. Regulations 26 The Lieutenant Governor in Council may make regulations respecting any matter that he considers necessary to carry out the purposes and intent of this Act , c.s-32.3, s.26. Certain acts, etc. 27 The powers, authorities and other provisions of sections 22, 23 and 24 shall be deemed to have been held by and to have applied to the corporation and public institutions and public agencies on and from March 25, 1986 and any act or thing done by the corporation or a public institution or public agency on or after that date that would have been lawful under sections 22, 23 and 24 if these sections had been in force on and after that date is declared to have been lawfully done , c.s-32.3, s.27. References 28 A reference in any Act, or in any regulation, order, resolution, bylaw or other instrument made in the execution of a power given by statute, or in any document to: (a) the Deputy Minister of Government Services or the Deputy Minister of Supply and Services is deemed to be a reference to the chief executive officer of the Saskatchewan Property Management Corporation; (b) the Department of Government Services or the Department of Supply and Services is deemed to be a reference to the Saskatchewan Property Management Corporation , c.s-32.3, s.28.

16 16 SASKATCHEWAN PROPERTY REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2005

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