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THE NATURIST LEGACY FILES

Naturist Legacy and the law

Naturist Legacy Inc. and Naturist Legacy Park are subject to many provincial laws and regulations.
117(2) Every director and officer of a corporation shall comply with this Act and the regulations, the articles and by-laws, and any unanimous shareholder agreement.

117(3) Subject to subsection 140(5), no provision in a contract, the articles, the by-laws or a resolution relieves a director or officer from the duty to act in accordance with this Act or the regulations or relieves him from liability for a breach thereof.

This excerpt is from Manitoba's Corporations Act (PDF). See also Manitoba's Corporations Regulation (PDF).
DUTIES TOWARDS MEMBERS
Directors have certain duties to the members of the corporation. They must ensure that the corporation and its directors abide by the terms of its letter patent [articles] and bylaws, which have been considered by the courts as akin to a contract between the corporation and its members.

Directors must also treat all members equally (for instance, by fixing or collecting dues or enacting rules or bylaws), unless the best interests of the corporation clearly require otherwise.

Directors must tread especially carefully in the sensitive and litigation-rich area of members' discipline.

Before suspending, fining, expelling or refusing to readmit a member, directors must make sure that the bylaws of the corporation clearly empower them to do so, and that all the internal procedural steps they set out (notices, delays, inquest and recommendation by a committee, hearing, internal appeal, etc.) have been strictly adhered to.

The proceedings must afford a reasonable degree of procedural fairness — i.e., fair play and good faith. The disciplined member should be given fair notice, and an opportunity to be heard (and have counsel present) in his own defence by board members open to persuasion. Otherwise, the board's decision will be subject to review by a Court. Directors must be careful not to impinge on the member's reputation, for example by publicising at large his expulsion and the motives thereof, or by having a general meeting of members ratify it when a board resolution is sufficient according to the bylaws. They stand to be personally sued for damages if they do.

This excerpt is from the Primer for Directors of Not-for-Profit Corporations (PDF). It was published by Industry Canada in 2002.

6(1) No person shall construct, install, site, locate, replace, expand or modify an onsite wastewater management system, pit privy, pail privy or vault privy in whole or in part, except in compliance with this regulation.

This excerpt is from Manitoba's Onsite Wastewater Management Systems Regulation (PDF).
1 In this regulation
"campground" means a tract or parcel of land accessible by road, on which persons are permitted to erect or park camping units, but does not include a mobile home park;

"camping unit" includes a tent, vehicle or trailer equipped with sleeping facilities....

This excerpt is from Manitoba's Campgrounds Regulation (PDF).
3 Every public water supplier and semi-public water supplier must comply with the drinking water quality standards specified in the regulations.

7(1) No person shall

(a) construct or begin construction of; or

(b) alter;

a public water system or a semi-public water system except under the authority of a permit to do so issued by the director in accordance with the regulations.

8(2) No person shall operate a semi-public water system unless the person holds a current operating licence for the water system issued by the director in accordance with the regulations.

These excerpts are from Manitoba's Drinking Water Safety Act (PDF).
3(1) A person applying for a permit to construct or alter a water system must provide the following to the director:
(a) a completed application in a form satisfactory to the director;

(b) in the case of a public water system, unless otherwise specified by the director, a design brief, project specifications and a copy of the engineering design plans;

(c) in the case of a semi-public water system, if required by the director, a design brief and a copy of the engineering design plans or schematic drawings.

8 A person applying for an operating licence for a water system must provide, to the director, a completed application in a form satisfactory to the director.

14(1) Within 60 days before the expiry of an operating licence, the licence holder may apply for renewal of an operating licence, by providing, to the director, a completed application in a form satisfactory to the director.

These excerpts are from Manitoba's Drinking Water Safety Regulation (PDF).
3 No person shall construct or alter a swimming pool or other water recreational facility without first registering it with the regulating authority by completing and filing a registration form approved by the minister and by submitting the specifications and drawings required by that form.

4(2) No person shall construct a swimming pool or other water recreational facility that does not meet the requirements of this regulation or conform to the design and specifications submitted to the regulating authority under section 3.

5(3) No person shall operate a swimming pool or other water recreational facility unless they hold a valid and subsisting annual operating permit issued by a public health inspector under this section.

These excerpts are from Manitoba's Swimming Pools and Other Water Recreational Facilities Regulation (PDF).
2.14.2 An application for a development permit is required for the following:
(a) The erection or construction or placement of any building, structure or mobile home, except fences and ornamental light standards and those buildings less than 150 square feet in area....
This excerpt is from the Rural Municipality of Brokenhead's Zoning By-law No. 1688 (PDF).
3.1 This by-law applies to the design, construction, erection, placement and occupancy of new buildings and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings.

4.2.3.1 An Occupancy Permit is required from the authority having jurisdiction for:

(a) the occupancy of any new building or structure or portion thereof except a single-family dwelling, a two-family dwelling or a multi-family dwelling without shared exit facilities...
This excerpt is from the Rural Municipality of Brokenhead's Building By-law No. 2134-14 (PDF).

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