The Roman Catholic Archiepiscopal Corporation of Winnipeg and the Roman Catholic Archdiocese of Winnipeg Act, RSM 1990, c 150
Current version: in force since Nov 14, 1990
It has been in effect since November 14, 1990, when this Act came into force.
The Roman Catholic Archiepiscopal Corporation of Winnipeg and the Roman Catholic Archdiocese of Winnipeg Act, R.S.M. 1990, c. 150
WHEREAS a petition was presented praying that the Roman Catholic Archiepiscopal Corporation of Winnipeg and the Roman Catholic Archdiocese of Winnipeg should be incorporated;
AND WHEREAS the prayer was granted, and resulted in the enactment of An Act respecting the Roman Catholic Archiepiscopal Corporation of Winnipeg and the Roman Catholic Archdiocese of Winnipeg, assented to March 9, 1917;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE ARCHIEPISCOPAL CORPORATION
Continuation
1(1) Roman Catholic Archiepiscopal Corporation of Winnipeg (hereinafter referred to as "the Archiepiscopal corporation") is continued as a corporation, consisting of the Most Reverend Archbishop of Winnipeg, the Senior Vicar-General of the Archdiocese of Winnipeg, and three members of the Roman Catholic denomination selected and designated by the said Archbishop, and the successors of the said five persons.
Powers of administrator of Archdiocese
2 The administrator of the Archdiocese, in the event of the death of the Archbishop, or in the place and stead of the Archbishop in the event that an administrator is appointed during the lifetime of the Archbishop shall occupy all the offices and have all the powers by this Act conferred upon the Archbishop.
Corporation may make by-laws
3 The Archiepiscopal corporation may from time to time make by-laws not contrary to law for
(a) the administration, management and control of the property, business and other temporal affairs of the Archiepiscopal corporation;
(b) the appointment, term of office, functions, duties and remuneration of all members, officers, agents and servants of the Archiepiscopal corporation, and their successors;
(c) the appointment of an executive committee and of special committees from time to time for the purpose of the Archiepiscopal corporation, and the calling of meetings of such committees;
(d) generally for the carrying out of the objects and purposes of the Archiepiscopal corporation.
Power to purchase property, etc.
4 The Archiepiscopal corporation may purchase, take, have, hold, receive, possess, retain and enjoy the property, real or personal, corporeal or incorporeal, whatsoever, and for any and every estate or interest therein, whatsoever given, granted devised or bequeathed to it, or appropriated, purchased or acquired by it in any manner or way whatsoever, to, for or in favor of the uses and purposes of the Archiepiscopal corporation, or to, for or in favor of any religious, educational, eleemosynary or other institution established or intended to be established by, under the management of, or in connection with the uses or purposes of the Archiepiscopal corporation, notwithstanding the provisions of The Mortmain and Charitable Uses Act.
Power to sell property, etc.
5 The Archiepiscopal corporation may also sell, convey, exchange, alienate, mortgage, lease or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the Archiepiscopal corporation or not, and may also from time to time invest all or any of its funds or money and all or any funds or money invested in or acquired by it for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec or charge upon real or personal property; and for the purposes of such investment may take, receive and accept mortgages or assignments thereof, whether made and executed directly to the Archiepiscopal corporation or to any corporation, body, company or person in trust for it, and may sell, grant, assign and transfer such mortgages or assignments either wholly or partly.
Execution of deeds, transfers, etc.
6 Any deed, transfer, mortgage, charge or other instrument relating to or dealing with real estate or any interest therein vested in the said Archiepiscopal corporation shall be deemed to be, and shall be duly executed, and shall be sufficient for the purposes for which same is intended, if there are affixed thereto the seal of the Archiepiscopal corporation and the signatures of the Archbishop or his duly authorized attorney and one other member of the said Archiepiscopal corporation.
Corporate powers
7 The Archiepiscopal corporation may from time to time for its purposes
(a) borrow money upon the credit of the Archiepiscopal corporation;
(b) limit or increase the amount to be borrowed;
(c) make, draw, accept, endorse, or become party to promissory notes and bills of exchange; every such note or bill made, drawn, accepted or endorsed by the party thereto authorized by the by-laws of the Archiepiscopal corporation and countersigned by the proper party thereto authorized by the said by-laws, shall be binding upon the Archiepiscopal corporation and shall be presumed to have been made, drawn, accepted or endorsed with proper authority until the contrary is shown; and it shall not be necessary in any case to have the seal of the Archiepiscopal corporation affixed to any such note or bill;
(d) issue bonds, debentures or other securities of the Archiepiscopal corporation for sums not less than $25. each and pledge or sell the same for such sums and at such prices as may be deemed expedient;
(e) mortgage, hypothecate or pledge the real or personal property of the Archiepiscopal corporation, or both, to secure any such bonds, debentures or other securities and any money borrowed for the purposes of the Archiepiscopal corporation.
How corporation may invest its funds
8 The Archiepiscopal corporation may invest its funds or any portion thereof either directly in its own name or indirectly in the name of trustees in the purchase of such securities, as it may deem advisable and also may lend its funds or any portion thereof on any such securities.
PART 2
PARISH OR MISSION CORPORATIONS
Board of trustees for each parish
9(1) There shall be a board of five trustees for each parish and mission of the Roman Catholic Archdiocese of Winnipeg. The Archbishop of Winnipeg shall by virtue of his office, be a trustee of each of said parishes and missions and he shall nominate and appoint four other persons to act with him on each of said boards.
Trustees to be body corporate
9(2) The trustees of any parish or mission and their successors in office shall upon and from the fact of the canonical erection of such parish or mission by the Archbishop or administrator of the said Archdiocese, be and become a body politic and corporate, under the name of "Trustees of the Roman Catholic Parish of " or "Trustees of the Roman Catholic Mission of " according to the name given at the time of said canonical erection, and shall have perpetual succession and a common seal, and by such name have all the powers and privileges possessed by or given to such corporations under this Act, and under such name may sue and be sued, plead and be impleaded, answer and be answered in all courts and places whatever.
Powers to purchase property, etc.
10 Any of the corporations established under section 9 may purchase, acquire, take, have, hold, receive, possess, retain and enjoy the property, real or personal, corporeal or incorporeal whatsoever, and for any or every estate or interest therein whatsoever, given, granted, devised, or bequeathed to it, or appropriated, purchased or acquired by it, in any manner or way whatsoever, to, for or in favor of the uses and purposes of the corporation or to, for or in favor of any religious, educational, eleemosynary or other institution established or intended to be established by, under the management of or in connection with the uses or purposes of the corporation, notwithstanding the provisions of The Mortmain and Charitable Uses Act.
S.M. 1996, c. 64, s. 18.
Corporations may make by-laws
12(1) Any such corporation may from time to time make by-laws, not contrary to law, for
(a) the administration, management and control of the property, business and other temporal affairs of the corporation;
(b) the appointment, term of office, functions, duties and remuneration of all members, officers, agents and servants of the corporation and their successors;
(c) the appointment of committees from time to time for the purposes of the corporation, and the calling of meetings of such committees;
(d) generally for the carrying out of the objects and purposes of the corporation.
Corporate powers
13 Any such corporation may from time to time for the purposes of the corporation,
(a) borrow money upon the credit of the corporation;
(b) limit or increase the amount to be borrowed;
(c) make, draw, accept, endorse or become party to promissory notes and bills of exchange; every such note or bill made, drawn, accepted or endorsed by the party thereto authorized by the by-laws of the corporation and countersigned by the Archbishop or administrator of the Archdiocese, or by some other person nominated for the purpose by the Archbishop or administrator, shall be binding upon the corporation and shall be presumed to have been made, drawn, accepted or endorsed with proper authority until the contrary is shown, and it shall not be necessary in any case to have the seal of the corporation affixed to any such note or bill.
Canonical erection
14 Immediately upon the canonical erection of any of the said parishes or missions, all the property, real and personal, and all and every interest therein belonging to the said parish or mission, or held by any other parish or mission or by any other person or corporation in trust for the purposes and benefits of or to the use of, or given to or for the use of said parish or mission, shall subject to the trusts if any, upon which said property is held, henceforth be and become, without the execution or registration of any deed, conveyance or transfer thereof, vested in and held, used and administered by the corporation of trustees of the said parish or mission.
Notice in writing to be given registrar
15(1) Notice in writing on behalf of any of said corporations, signed by the members thereof, may be given to the proper district registrar under The Real Property Act, or to the registrar under The Registry Act, that the lands described in the notice are held for the said corporation and the district registrar or registrar shall file the notice in his office, and shall enter in the abstract book or register and certificate of title, against the lands or parcel affected, a reference to this Act, giving the title, regnal year and chapter number of the same.
Notice to be signed
15(2) Such notice shall be signed in the presence of a subscribing witness, and an affidavit of execution by such witness shall be endorsed on or attached to the notice in the form required by The Registry Act where the land is under the old system, or in the form required by The Real Property Act where the land is under the new system.
Title in name of individual
16 In all cases where the District Registrar of any land titles district in Manitoba, is satisfied that any real estate standing in the names of any individuals, actually belongs to any parish or mission, the trustees of which have become a corporation under the provisions of this Act, he may cancel the certificate of title standing in the names of such individuals, and may issue a certificate of title for said real estate in the name of the said corporation.
Proving transmission of title
17 For the purposes of proving the transmission of title to any property aforesaid to any of the said corporations, it shall be sufficient to satisfy the requirements of The Real Property Act or of The Registry Act or of any other Act of the Province affecting the registered title to real or personal property, to recite in any instrument executed on behalf of such corporation and dealing with such property, or of any interest therein, the title of this Act, and the regnal year and chapter number of the same.
Right of bona fide purchaser
18 Nothing in this Act contained shall affect the right of a bona fide purchaser, for valuable consideration, from any person holding lands in trust as mentioned in section 13, unless such purchaser has actual notice that the lands have become vested in a corporation, under and by virtue of this Act, but the entry under subsection 14(1) by the registrar or other officer in the proper abstract book or register and certificate of title, shall be deemed actual notice.
Execution of deeds, etc.
19 Any deed, transfer, mortgage, charge or other instrument relating to or dealing with real estate or any interest therein vested in any of the said corporations, shall be deemed to be, and shall be duly executed, and shall be sufficient for the purposes for which same is intended, if there are affixed thereto the seal of the corporation and the signatures of the Archbishop or his duly authorized attorney and any two other members of the said corporation.
NOTE:This Act replaces S.M. 1917, c. 109.The Roman Catholic Archiepiscopal Corporation of Winnipeg and the Roman Catholic Archdiocese of Winnipeg Act
Table of Contents
| PART I THE ARCHIEPISCOPAL CORPORATION | ||
| 1 | Continuation | |
| (2) | Purpose | |
| 2 | Powers of administrator of Archdiocese | |
| 3 | Corporation may make by-laws | |
| 4 | Power to purchase property, etc. | |
| 5 | Power to sell property, etc. | |
| 6 | Execution of deeds, transfers, etc. | |
| 7 | Corporate powers | |
| 8 | How corporation may invest its funds | |
| PARISH OR MISSION CORPORATIONS | ||
| 9 | Board of trustees for each parish | |
| (2) | Trustees to be body corporate | |
| 10 | Powers to purchase property, etc. | |
| 11 | Corporations empowered to sell real or personal property, etc. | |
| 12 | Corporations may make by-laws | |
| (2) | Limitation of powers of corporations | |
| 13 | Corporate powers | |
| 14 | Canonical erection | |
| 15 | Notice in writing to be given registrar | |
| (2) | Notice to be signed | |
| (3) | Proof as to members of corporation | |
| (4) | Fee for each entry | |
| 16 | Title in name of individual | |
| 17 | Proving transmission of title | |
| 18 | Right of bona fide purchaser | |
| 19 | Execution of deeds, etc. | |
| 20 | Members not personally responsible for debts, etc. | |
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