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S.M. 1989-90, c. 80

Bill 101, 2^nd Session, 34^th Legislature

The Souris and Glenwood Cemetery Board Act

Table of contents

(Assented to March 15, 1990)

WHEREAS the Town of Souris and the Rural Municipality of Glenwood are served by a cemetery situated in and owned by the Rural Municipality of Glenwood;

AND WHEREAS the Town of Souris has made grants to the Rural Municipality of Glenwood for the maintenance and the capital cost of the cemetery;

AND WHEREAS it is considered advisable that the general management, regulation and control of the cemetery and of all property both real and personal relating to the maintenance of the cemetery be vested in, and exercised by, a joint cemetery board;

AND WHEREAS the Minister of Justice has caused this 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:

Establishment of cemetery board

1

The general management, regulation and control of the cemetery in the Rural Municipality of Glenwood and of all property both real and personal relating to the maintenance of the cemetery is vested in a board composed of two members of the council of the Town of Souris, appointed by the council of the Town of Souris, and two members of the council of the Rural Municipality of Glenwood, appointed by the council of the Rural Municipality of Glenwood, and a chairperson who is elected by the appointed members and who shall be a resident of the Town of Souris or of the Rural Municipality of Glenwood and who shall not be a member of the council of either place.

Incorporation

2

The persons who are from time to time members of the board established under section 1 are hereby created and constituted a body corporate under the name "The Souris and Glenwood Cemetery Board".

Term of office

3(1)

All members of the board shall hold office for one year from January 1 of the year following the year in which they are appointed or, in the case of the chairperson, elected.

Filling of vacancies

3(2)

In the case of the death or resignation of an appointed member, the council that appointed the person may appoint a substitute for the balance of the term.

Chairperson

3(3)

In case of the death or resignation of the chairperson, a substitute chairperson may be elected by the appointed members for the balance of the term.

Term of first board

3(4)

Subsection (1) does not apply to the first board, which shall hold office from the date on which they are appointed or elected until December 31, 1962.

Powers as to land

4

The board may obtain title to such land as is necessary for its corporate purposes, and may dispose of it when it is no longer required.

Rules for operation of cemeteries

5

The board may, by by-law, establish rules and regulations governing the operation of any cemetery under its control.

Deficit

6

Any deficit in the operations of the board not exceeding one mill on the combined equalized assessment of the Town of Souris and the Rural Municipality of Glenwood in any year shall be paid to the board in equal portions by the Town of Souris and the Rural Municipality of Glenwood.

Secretary-treasurer and funds

7

The secretary-treasurer of the Rural Municipality of Glenwood shall be the secretary-treasurer of the board; and all funds belonging to the board shall be paid to the Rural Municipality of Glenwood and shall be held by it in trust for the board, and shall be disbursed by the Rural Municipality when authorized by resolution of the board.

NOTE:  The original Act is found at S.M. 1962, chapter 104.