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The Holy Family Nursing Home Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of April 21, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 66

The Holy Family Nursing Home Incorporation Act

WHEREAS there existed for some time in the Province of Manitoba a charitable order known as Sisters Servants of Mary Immaculate and the order for some years owned and operated a home for the aged and infirm at Winnipeg, Manitoba, under the name of Holy Family Nursing Home;

AND WHEREAS a petition was presented praying for the incorporation of some members of the order at Winnipeg aforesaid as a body corporate;

AND WHEREAS that prayer was granted, and resulted in the enactment of An Act to incorporate Holy Family Nursing Home, assented to May 6, 1963;

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:

Continuation

1(1)        Holy Family Nursing Home (hereinafter referred to as "the corporation") is continued as a corporation, consisting of the persons who are members on the coming into force of this Act and such other persons as become members of the said order and who are admitted as members of the corporation in accordance with the by-laws thereof from time to time in force.

Objects

1(2)        The objects of the corporation are to establish, manage and maintain the institution in Winnipeg, Manitoba, known as the Holy Family Nursing Home, and other works of charity and mercy, and to take over and continue the work presently carried on at Winnipeg under the said name by the said Sisters Servants of Mary Immaculate.

Powers

2           The corporation has all the powers necessary to do such things as are incidental or conducive to the attainment of its objects, including, without limiting the generality of the foregoing, the power to

(a) acquire by gift, devise, purchase, exchange, lease, or otherwise real or personal property of any and every nature and kind whatsoever, and possess, hold and enjoy it as owner;

(b) sell, mortgage, lease, exchange, or otherwise deal with or dispose of its real and personal property of any portion of either and with the proceeds thereof, acquire other real and personal property to such extent as may be deemed advisable or desirable, and make and execute all necessary and proper conveyances, transfers, or other instruments for carrying the transactions into effect;

(c) invest all or any sums of money belonging to the corporation in any property or security whatsoever for the use and purpose of the corporation;

(d) acquire, take possession of, and hold, as the corporation may deem proper, all such property, whether real, personal or mixed as may at any time be mortgaged, hypothecated, or pledged to the corporation by way of security or conveyed to it in satisfaction of obligations or debts due or owing to it from any person, firm, or corporation;

(e) borrow from any person, firm, or corporation such sums of money as may be found necessary for the purposes of the corporation and secure any loan to the lender by bonds, debentures, bills of exchange, promissory notes, mortgages, or any other instruments that may be required or deemed necessary or advisable by the lender;

(f) acquire by gifts, purchase, or otherwise, or build, erect, and enlarge, and manage and conduct all such hospitals, homes for the aged and infirm, halls, houses, and other buildings as may be found or deemed necessary or convenient for carrying on the objects of the corporation, and do all such things as may be deemed necessary to attain all such objects;

(g) fix, charge, and collect fees for any services rendered by the corporation and for the board and lodging of students and patients;

(h) make and enter into treaties, contracts, and arrangements for affiliating with the corporation any other corporation having similar objects.

Use of revenues

3           The revenues, issues, and profits of all property held by the corporation shall be applied to the maintenance of its members and of the institutions carried on by it to the construction and repair of buildings and the acquisition of property requisite for its purposes and to the promotion of works of charity and benevolence.

Head office

4           The head office of the corporation shall be at Winnipeg or at such other place in the Province of Manitoba as may be determined by by-law.

Branches

5           The corporation may establish and maintain branches and in connection therewith may appoint subordinate officers with such powers and tenure of office as may be deemed advisable.

By-laws

6           The corporation may make by-laws, rules, orders, and regulations for the government and proper administration of the property, affairs, and interest of the corporation and repeal and amend them, including by-laws, rules, orders, and regulations for the determination, elections, or appointment of officers, the enforcement of discipline, and the admission and retirement of members, the appointment, deposition or removal of any person as a member of the corporation or bearing office therein, and generally for the internal government of affairs of the corporation.

Officers

7           The officers of the corporation shall be those persons directed by by-laws.

Rules

8           The rules and regulations of the corporation shall be those set by by-law and no by-law shall be valid or take effect unless or until it has been approved by the Provincial Superior of the Sisters Servants of Mary Immaculate.

Attorneys

9           The corporation may appoint one or more attorneys for the transaction of its business.

Execution of documents

10          All transfers, deeds of sale, leases, mortgages, and other documents shall be executed with the seal of the corporation, attested by the signatures or signature of its officers or directors in accordance with the provisions of the by-laws of the corporation in that behalf.

Operations of corporations

11          The corporation may operate any industry that may help to maintain its institutions, and may bargain and sell the products thereof in accordance with the laws of the province.

NOTE:  This Act replaces S.M. 1963, c. 128.