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The Catholic Parishes and Missions Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of October 13, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 27

The Catholic Parishes and Missions Incorporation Act

WHEREAS the different Parishes and Missions of the Catholic Church owned property assigned to their foundation and for their support;

AND WHEREAS the property of said Parishes and Missions was under the management of the Catholic Bishop residing at St. Boniface;

AND WHEREAS the Catholic Archbishop of St. Boniface, wishing to be assisted in the management of said property, prayed for the incorporation of each of the said Catholic Parishes and Missions in the Province of Manitoba;

AND WHEREAS his prayer was granted, and resulted in the enactment of An Act to Incorporate the Catholic Parishes and Missions in the Province of Manitoba, assented to July 22, 1874;

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:

Corporation represented by Archbishop

1(1)        If any parish or mission of the Catholic Church owns or wishes to acquire any land for the erection of a church, chapel, parsonage house, or for a cemetery or other worship purposes, such parish or mission, from the fact of its canonical erection, shall become a body politic and corporate, which will be represented by His Grace the Archbishop of St. Boniface; and in case of death or of absence, by the Administrator of the Archdiocese, by his Vicar-General or the Dean of his Clergy and the priest canonically appointed for the administration of such parish or mission, with power to associate with them, for any period of time, two other members or representatives of the said corporation.

Continuation

1(2)        Each parish and mission of the Catholic Church which has become a body politic and corporate under subsection (1) is continued as a corporation.

Name of corporation

2(1)        These different corporations will be known under the name of "The Catholic Parish of..." or "The Catholic Mission of..." according to the names given or which may be given to those parishes or missions at the time for their regular establishment by the Archbishop or the Administrator of the Archdiocese.

Lands of Greek Catholic Ruthenian Church

2(2)        In the case of properties to be acquired for the use of the Greek Catholic Ruthenian Church in communion with Rome, such properties shall be conveyed to corporations which will be known under the name of "The Catholic Parish of                      of the Greek Catholic Ruthenian Church in communion with Rome," according to the names which may be given to such parishes at the time of their establishment by the Archbishop or the Administrator of the Archdiocese, and such corporations and the officers thereof respectively shall have the same rights, privileges and powers, with reference to those properties as the other corporations constituted and authorized under the provisions of this Act, and the similar officers thereof, have with reference to their properties.

Powers

3           Said parishes and missions under those names, and represented as set out in subsection 1(1), may have a perpetual succession and a seal, with power to change, alter or renew said seal as often as they will see fit; and may buy, acquire, hold, possess, enjoy, take and receive, by virtue of any legal title whatever, and without any further authorization, any lands, tenements, hereditaments, and immovable property, within this Province, with an income not exceeding $2,500. per annum; and each of said corporations shall also have the power to sell, mortgage, dispose of, buy, acquire or own property, for the same purposes and under the same name, shall be able and may prosecute and be prosecuted for the same purposes and under the same name, assign or be assigned to, appear before any court of law in any place whatever, and in as ample and advantageous a manner as any other body politic and incorporate, or as any person legally entitled to prosecute or be prosecuted, assign or be assigned; and said corporations shall have all power and authority to draft and enact such regulations and orders not contrary to the laws in force in this Province, and to the laws of the Catholic Church, which shall be deemed necessary and useful to the welfare of said corporations, for their management and that of their business and property; and from time to time may amend, alter or annul said regulations and orders, or any of them, in such manner as said corporations shall deem fit and proper.

Property to be vested in Missions

4           All property assigned prior to July 22, 1874 for the maintenance and support of the Catholic parishes and missions, may be transferred to any of said parishes or missions as incorporated under this Act.  The patents applied for in the name of the Catholic missions shall become the property of the said parishes and missions to which such land has been donated or granted.

Right to appoint attorney

5           The said corporations shall have the right to appoint one or more attorneys to manage the affairs of the said corporation.

Written statement to be given

6           Each of said corporations shall have to give a written statement of its property when required so to do by the Lieutenant Governor of this Province.

No individual member responsible for debts

7           No member of said corporation shall be individually responsible for any of the debts, contracts or liabilities of said corporations.

Not to affect other corporations

8           Nothing contained in the present Act shall in any way be held to affect, or be interpreted as affecting the right of Her Majesty, her heirs or successors, or the rights of any body politic or corporate.

Public Act

9           This Act is deemed to be a Public Act.

NOTE:  This Act replaces S.M. 1874, c. 23.