HomeMy WebLinkAbout17 165 Bruce Telecom Holdings Inc. Board Appoinment By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
,4470pgLITY OF KING0?
BY-LAW
NO. 2017 - 165
BEING A BY-LAW TO APPOINT MEMBERS TO THE
BRUCE TELECOM MUNICIPAL SERVICES CORPORATION
WHEREAS pursuant to the Municipal Act 2001, S.O. 2001, c.25, as amended
Section 8 (1) and 9 provide that the powers of a municipality under this or any other
Act shall be interpreted broadly so as to confer broad authority on the municipality
to enable the municipality to govern its affairs as it considers appropriate and to
• enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Section 203 of the above noted Act authorizes a municipality to
establish corporations;
AND WHEREAS Council approved the conversion of Bruce Telecom from a
municipal service board to a municipal services corporation structure as described
in the business case presented to Council on July 24, 2017 and approved on
December 6, 2017 by By-law No. 2017 - 163;
AND WHEREAS Bruce Telecom Holdings Inc. will be wholly-owned by The
Corporation of the Municipality of Kincardine ("Kincardine"), and Bruce Telecom
Holdings Inc. will wholly own two operating subsidiaries, Bruce Telecom Ontario
Inc. and Bruce Telecom Kincardine Inc.;
AND WHEREAS Bruce Telecom Holdings Inc., Bruce Telecom Ontario Inc. and
Bruce Telecom Kincardine Inc. have each been authorized to be incorporated by
• Kincardine pursuant to Section 203 of the Municipal Act, 2001, with Kincardine as
sole shareholder of Bruce Telecom Holdings Inc., by By-law No. 2017 - 164;
AND WHEREAS a Shareholder Declaration is required to set out the requirements
of the Kincardine relating to the governance and other fundamental principles and
policies of Bruce Telecom including the Board of Directors;
AND WHEREAS Council of Kincardine has determined that it is advisable to
appoint five (5) Directors to the Board of Bruce Telecom Municipal Services
Corporation;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That each of the following be appointed as a director of Bruce Telecom
Holdings Inc. beginning December 6, 2017 and ending on the third
anniversary of January 1, 2018, subject to any resignation of a director;
• Paul Healey
• • Duncan McEwan
• Don C. Stewart
• Tom Sullivan
• Robert Watson
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Bruce Telecom Municipal Services Corporation Board Appointment By-law
By-law No. 2017 - 165
Collectively, the "Bruce Telecom Holdings Inc. Board"
•
2. That Robert Watson be appointed as the Chair of the Bruce Telecom
Holdings Inc. Board until December 31, 2018.
3. That Bruce Telecom Holdings Inc., in its capacity as shareholder of
Bruce Telecom Ontario Inc. and Bruce Telecom Kincardine Inc., be
authorized to appoint as directors to the boards of directors of Bruce
Telecom Ontario Inc. and Bruce Telecom Kincardine Inc., the same
individuals for the same terms as set out in Section 1.
4. This by-law shall come into full force and effect upon its final passage.
5. This by-law may be cited as the "Bruce Telecom Holdings Inc. Board
Appointment By-law".
READ a FIRST and SECOND TIME this 6th day of December, 2017.
READ a THIRD TIME and FINALLY PASSED this 6th day of December, 2017.
•
Mayor Cler
•
S