O. Reg. 618/98: ONTARIO TOURISM MARKETING PARTNERSHIP CORPORATION

Development Corporations Act
Loi sur les sociétés de développement

ONTARIO REGULATION 618/98

No Amendments

ONTARIO TOURISM MARKETING PARTNERSHIP CORPORATION

Historical version for the period November 30, 1998 to February 8, 2004.

Note: This Regulation is revoked on March 31, 2004. See: O. Reg. 618/98, s. 15 (1).

Note: The Ontario Tourism Marketing Partnership Corporation is dissolved on the day this Regulation is revoked. See: O. Reg. 618/98, s. 15 (2).

This Regulation is made in English only.

1. The Ontario Tourism Marketing Partnership Corporation is established under section 5 of the Act as a corporation without share capital. O. Reg. 618/98, s. 1.

2. The Ontario Tourism Marketing Partnership Corporation is for all its purposes an agent of Her Majesty within the meaning of the Crown Agency Act and its powers may be exercised only as an agent of Her Majesty. O. Reg. 618/98, s. 2.

3. The objects of the Ontario Tourism Marketing Partnership Corporation are,

(a) to market Ontario as a travel destination;

(b) to undertake joint marketing initiatives with the tourism industry;

(c) to support and assist the marketing efforts of the tourism industry; and

(d) in co-operation with the tourism industry, the Government of Ontario, other governments and other agencies of governments, to promote Ontario as a travel destination. O. Reg. 618/98, s. 3.

4. (1) The Ontario Tourism Marketing Partnership Corporation shall consist of as many members, not fewer than three, as the Lieutenant Governor in Council may appoint. O. Reg. 618/98, s. 4 (1).

(2) The members shall be appointed for such term, not exceeding three years, as may be determined by the Lieutenant Governor in Council. O. Reg. 618/98, s. 4 (2).

(3) The members of the Ontario Tourism Marketing Partnership Corporation form and are its board of directors. O. Reg. 618/98, s. 4 (3).

(4) The Ontario Tourism Marketing Partnership Corporation shall pay its members who are not public servants within the meaning of the Public Service Act the remuneration and expenses that the Lieutenant Governor in Council determines. O. Reg. 618/98, s. 4 (4).

(5) The Lieutenant Governor in Council shall designate one of the members to be chair of the board of directors and one of the members to be vice-chair of the board of directors. O. Reg. 618/98, s. 4 (5).

(6) The chair shall preside at the meetings of the board of directors. O. Reg. 618/98, s. 4 (6).

(7) In the case of the absence or illness of the chair or there being a vacancy in the office of chair, the vice-chair or, if there is no vice-chair available, the director designated by the board of directors for the purpose, shall act as and have all the powers of the chair. O. Reg. 618/98, s. 4 (7).

(8) A majority of the directors constitutes a quorum of the board of directors. O. Reg. 618/98, s. 4 (8).

5. (1) The affairs of the Ontario Tourism Marketing Partnership Corporation are under the management and control of its board of directors. O. Reg. 618/98, s. 5 (1).

(2) The board of directors may pass by-laws and resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Ontario Tourism Marketing Partnership Corporation. O. Reg. 618/98, s. 5 (2).

(3) Without limiting the generality of subsection (2), the board of directors of the Ontario Tourism Marketing Partnership Corporation may pass by-laws or resolutions to,

(a) appoint officers and assign to them such powers and duties as the board of directors determines to be appropriate;

(b) make banking arrangements;

(c) establish committees of the board of directors; and

(d) effect the orderly transaction of the business of the Ontario Tourism Marketing Partnership Corporation. O. Reg. 618/98, s. 5 (3).

6. Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the Ontario Tourism Marketing Partnership Corporation with necessary modifications. O. Reg. 618/98, s. 6.

7. (1) Except as limited by this Regulation, the Ontario Tourism Marketing Partnership Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects. O. Reg. 618/98, s. 7 (1).

(2) The Ontario Tourism Marketing Partnership Corporation shall not, except with the approval of the Lieutenant Governor in Council,

(a) acquire, hold or dispose of any interest in any real property;

(b) borrow money; or

(c) pledge the assets of the Ontario Tourism Marketing Partnership Corporation. O. Reg. 618/98, s. 7 (2).

8. (1) In this section,

“revenue” includes all money or money’s worth received by the Ontario Tourism Marketing Partnership Corporation, whether by grant, gift, contribution, profit or otherwise. O. Reg. 618/98, s. 8 (1).

(2) The revenues of the Ontario Tourism Marketing Partnership Corporation shall be used only to further its objects. O. Reg. 618/98, s. 8 (2).

9. (1) Such employees may be appointed under the Public Service Act as are considered necessary from time to time for the proper conduct of the business of the Ontario Tourism Marketing Partnership Corporation. O. Reg. 618/98, s. 9 (1).

(2) In accordance with Government of Ontario policy, the Ontario Tourism Marketing Partnership Corporation may employ or otherwise engage persons other than those appointed under subsection (1) to provide professional, technical or other assistance to it or on its behalf, and may prescribe their duties and other terms of engagement and provide for payment of the remuneration and expenses of such persons. O. Reg. 618/98, s. 9 (2).

10. The Corporations Act and Corporations Information Act do not apply to the Ontario Tourism Marketing Partnership Corporation. O. Reg. 618/98, s. 10.

11. The Minister may issue policy directions to the board of directors and, where the Minister issues such a direction the board of directors shall carry it out. O. Reg. 618/98, s. 11.

12. The Ontario Tourism Marketing Partnership Corporation shall make such reports to the Minister concerning its affairs as the Minister may from time to time request. O. Reg. 618/98, s. 12.

13. The accounts and financial transactions of the Ontario Tourism Marketing Partnership Corporation shall be audited annually and the audit is subject to the review of the Provincial Auditor. O. Reg. 618/98, s. 13.

14. Annually, the Ontario Tourism Marketing Partnership Corporation shall deliver to the Minister an annual report on its affairs, including the audited financial statements signed by the chair of the board of directors and one other director and such other materials as the Minister directs, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at its next session. O. Reg. 618/98, s. 14.

15. Omitted (provides for the revocation of this Regulation). O. Reg. 618/98, s. 15.