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This is an unofficial version.
This version is current as of April 14, 2014.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 46

The Diocese of Rupert's Land Act

WHEREAS The Most Reverend Howard Hewlett Clark, Doctor of Divinity, his predecessors and his successors, being archbishops or bishops of the Diocese of Rupert's Land within The Anglican Church of Canada, were first incorporated as a body corporate under chapter 38 of the Statutes of Manitoba, 1871;

AND WHEREAS The Archbishop of Rupert's Land and the Synod of the Diocese of Rupert's Land, by their petition, prayed that the said corporation should be continued as a body corporate under the name of The Bishop of the Diocese of Rupert's Land;

AND WHEREAS the Synod of the Diocese of Rupert's Land was first incorporated as a body corporate under Chapter 56 of the Statutes of Manitoba, 1886 for the purpose and with the object of governing and administering the affairs of the Anglican Church of Canada within the Diocese of Rupert's Land;

AND WHEREAS the Archbishop of Rupert's Land and the Synod of the Diocese of Rupert's Land, by their petition, prayed that the said Synod should be continued as a body corporate consisting of the individual who is the Bishop of the Diocese of Rupert's Land from time to time, and such other persons as may from time to time be designated by the Constitution of the Diocese of Rupert's Land of The Anglican Church of Canada (hereinafter called the "constitution") as such constitution exists at the time this Act comes into force or as it may be altered by the Synod thereafter;

AND WHEREAS their prayers were granted, and resulted in the enactment of The Diocese of Rupert's Land Act, assented to April 27, 1966;

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:

Continuations

1(1)        The Bishop of the Diocese of Rupert's Land as constituted on the coming into force of this Act is continued as a corporation and is hereinafter referred to as "the corporation".

1(2)        The Synod of the Diocese of Rupert's Land as constituted on the coming into force of this Act is continued as a corporation and is hereinafter referred to as "the Synod".

PART I

THE BISHOP OF THE DIOCESE OF RUPERT'S LAND

Succession, seal, etc.

2           The corporation shall have perpetual succession and a common seal and may sue and be sued, contract and be contracted with, in and by its corporate name as in the case of any other corporation.

Powers

3           In addition to the powers vested in a corporation under The Interpretation Act and any other Act of the Legislature, the corporation may, for ecclesiastical, educational and eleemosynary purposes, and any purposes incidental to any of them

(a) purchase, acquire, accept, receive, whether by way of purchase, grant, donation, gift, devise, bequest, or otherwise, and own, hold, control, receive income from, improve, develop, manage, administer and sell, assign, transfer, exchange, lease, let, turn to account or otherwise dispose of or deal with property of every kind and description whether real or personal, and wheresoever situate;

(b) borrow a sum or sums of money and give promissory notes or other evidence of debt in connection therewith, and assign, mortgage or pledge, any of the properties or assets of the corporation to secure the repayment of any money borrowed;

(c) invest and re-invest all funds and moneys in whatever investments the corporation in its sole or absolute discretion may determine;

(d) raise and assist in raising money;

(e) grant loans, or endorse, or guarantee payment of any promissory note or other evidence of debt.

Trusts transferred to corporation

4           All trusts and trust estates and properties of every kind and description, including incomplete or inchoate trusts, granted to or held by the Lord Bishop of Rupert's Land, the Bishop of Rupert's Land, the Archbishop of Rupert's Land, or by any other person pursuant to the provisions of An Act to Incorporate the Bishop of the Church of England, Diocese of Rupert's Land, being chapter 38 of the Statutes of Manitoba, 1871, and all amendments thereto, or in respect of which they or any of them might become entitled to act, and all powers, rights, immunities, and privileges conferred upon or enjoyed by them or any of them, under any such trust, trust deed, deed, mortgage, indenture, conveyance, will, codicil, probate, letters of administration, judgment, order, appointment or other document whatsoever, or in respect or by virtue of any trust howsoever created, are hereby declared to be vested in the corporation but, from and after April 27, 1966, upon the same trusts and with the same powers, and subject to the same obligations and duties as are therein, thereby or in respect thereof respectively provided or imposed.

Appointments of Bishop

5           All trusts, trust deeds, deeds, mortgages, indentures, conveyances, wills, codicils, probates, letters of administration, judgments, orders, appointments or other documents whatsoever heretofore or hereafter made, naming or appointing the Lord Bishop of Rupert's Land, the Bishop of Rupert's Land or the Archbishop of Rupert's Land or any other person pursuant to An Act to Incorporate the Bishop of the Church of England, Diocese of Rupert's Land, being chapter 38 of the Statutes of Manitoba, 1871, and all amendments thereto, to the office of executor, administrator, trustee, committee, assignee, liquidator, receiver, registrar, transfer agent, guardian or caveator, or to any other office or position whatsoever or wherein any estate, money or other property or any interest, possibility or right is intended to be heretofore or hereafter vested in, administrated or managed by or put in charge of the Lord Bishop of Rupert's Land, the Bishop of Rupert's Land, the Archbishop of Rupert's Land or any other person pursuant to An Act to Incorporate the Bishop of the Church of England, Diocese of Rupert's Land, being chapter 38 of the Statutes of Manitoba, 1871, and amendments thereto, shall be read, construed and given effect as if the corporation had been named therein in the place and stead of the Lord Bishop of Rupert's Land, the Bishop of Rupert's Land, the Archbishop of Rupert's Land or any such other person.

Act to be treated as transfer, etc.

6           This Act is, and shall be and shall in all respects be treated for the purpose of every Land Titles Office, Registry Office and other public office whatsoever in the province and of any and all transactions therein and of the officers administering them, as, a legal and valid grant, conveyance, transfer and assignment to the corporation of any and all properties, rights and interests whatsoever that are vested in the corporation pursuant to the provisions of this Act, notwithstanding the provisions of any other Act of the Legislature and it is not necessary to register or file this Act, or register or file or issue any further or other instrument, document or certificate, or make any entry showing the transmissions or assignment of title to the corporation of any property, right or interest whatsoever other than the making of a memorial of such vesting on each certificate of title under The Real Property Act and on each mortgage or encumbrance under The Real Property Act that is about to be transferred or dealt with otherwise than by discharge thereof.

Appointment of advisory board

7(1)        To advise the corporation in the exercise of any of the corporation's powers, the corporation may appoint an advisory board consisting of not less than three persons normally resident within the Diocese of Rupert's Land and such persons shall hold office at the pleasure of the corporation.

Powers of advisory board

7(2)        The corporation may, in writing, delegate to the advisory board some or all of its powers, and, in particular, may delegate the power to manage the affairs of the corporation.

Execution of documents

8           Any deed, transfer, assignment, mortgage, lease, guarantee, contract or other document or instrument affecting property, whether real or personal, which is vested in the corporation or which is vested in the corporation as trustee, shall be deemed to be duly executed for all purposes if the same has affixed thereto the seal of the corporation, verified by the signature of the Bishop of the Diocese of Rupert's Land for the time being, or verified by the signatures of any two members of the advisory board, and shall be binding on the corporation according to the tenor and effect of such instrument.

Limitation on jurisdiction of corporation

9           Nothing in this Act shall be construed to confer ecclesiastical jurisdiction upon the corporation.

PART II

THE SYNOD OF THE DIOCESE OF RUPERT'S LAND

10          The purpose and object of the Synod is the government and administration of the affairs of The Anglican Church of Canada within the Diocese of Rupert's Land.

Succession, seal, etc.

11          The Synod shall have perpetual succession and a common seal with power to change, alter and renew such seal and the Synod may contract and be contracted with, sue and be sued, in its corporate name.

Diocesion Council

12          The Synod may exercise any of its powers by and through the Diocesan Council established by the constitution and by and through such other boards and committees as the Synod may from time to time by resolution appoint, for the management of all or any of the affairs of the Synod.

Officers

13          The Synod may elect or appoint such officers as it deems necessary to carry out its purposes and objects and for the transaction of the business of the Synod.

Powers

14          In addition to the powers vested in a corporation under any other Act of the Legislature, the Synod has power

(a) to purchase, acquire, accept, receive, whether by way of purchase, grant, donation, gift, devise, bequest, or otherwise, and to own, hold, control, receive income from, improve, develop, manage, administer and to sell, assign, transfer, exchange, lease, let, turn to account or otherwise dispose of or deal with property of every kind and description whether real or personal, and wheresoever situate;

(b) to borrow a sum or sums of money and give promissory notes or other evidence of debt in connection therewith, and assign, mortgage or pledge, any of the properties or assets of the Synod to secure the repayment of any money borrowed;

(c) to invest and re-invest all funds and moneys of the Synod in securities in which trustees are by law entitled to invest;

(d) to raise and assist in raising money;

(e) to grant loans, or endorse, or guarantee payment of any promissory note or other evidence of debt.

Synod may act as trustee

15          The Synod has power to act as trustee and to exercise any powers necessary to carry out any trust under which it is a trustee.

Execution of documents

16          Any deed, transfer, assignment, mortgage, lease, guarantee, contract or other document or instrument affecting property, whether real or personal, which is vested in the Synod, or which is vested in the Synod as trustee, shall be deemed to be duly executed for all purposes if the same has affixed thereto the seal of the Synod, verified by the signatures of any two of the following:

(a) the Bishop of the Diocese of Rupert's Land for the time being, or his commissary duly appointed;

(b) the Bishop Suffragan of the Diocese of Rupert's Land for the time being;

(c) the secretary or the treasurer of the Synod;

and shall be binding on the Synod according to the tenor and effect of such instrument.

NOTE:  This Act replaces S.M. 1966, c. 100.

 

 
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