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The Lutheran Council in Canada Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of May 26, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 86

The Lutheran Council in Canada Incorporation Act

WHEREAS the persons hereinafter named were, together with other persons, members of an unincorporated association known as "Lutheran Council in Canada" (hereinafter referred to as "the association");

AND WHEREAS the persons hereinafter named, by their petition, prayed that the Lutheran Council in Canada should be incorporated:  Edward Gelhorn, Dr. L.W. Koehler, and Dr. Otto A. Olson Jr.;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate Lutheran Council in Canada, assented to May 25, 1968;

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:

Continuation

1           Lutheran Council in Canada (hereinafter referred to as the "council") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as may become members.

Head office

2           The head office of the council shall be at such place in Manitoba as may be determined from time to time by its board.

Purposes

3           The purposes of the council are

(a) to establish and maintain a common agency for the benefit and assistance of participating Lutheran Church bodies in Canada;

(b) to achieve theological consensus in a systematic and continuing way on the basis of the Scriptures and the witness of the Lutheran Confessions; and

(c) to provide an instrument through which the participating bodies may work together in fulfilling their responsibility of Christian service.

Power to acquire property

4           The council has all the powers necessary to do such things as are incidental or conducive to the achievement of its purposes, including, without limiting the generality of the foregoing, the power to acquire by purchase, grant, donation, gift, devise, bequest, or otherwise, and may own, hold, control, receive income from, improve, develop, manage, administer, and subject to any terms, provisions, or conditions, attached to any donation or gift of the property by the donor thereof, deal with property of every nature and description, whether real or personal, and wheresoever situate.

Donations to council

5           Any form of words is sufficient to constitute a donation or gift to the council for the purposes of this Act if the donor indicates an intention to contribute presently or prospectively to the council.

Refusal of gifts

6           The council is not obliged to accept any donation, gift, bequest, or devise, that it does not wish to accept or that is subject to any term or condition that, in the opinion of the board, is contrary to the objects and purposes of the council.

Borrowing

7           The council may from time to time borrow from a chartered bank or from any corporation or person such sum of money as may be required for the purposes of the council and give promissory notes or other evidence of debt in connection therewith and, if deemed necessary or expedient, may assign, mortgage, or pledge, any of its properties or assets to secure the repayment of any money borrowed.

Investments

8           The council may invest or re-invest all funds and moneys of the council in any securities or investments in which a trustee may invest moneys under the provisions of The Trustee Act.

Profit of members

9           No part of the income or assets of the council shall enure to the personal benefit of any member of the council by reason only of his membership therein.

By-laws, rules and regulations

10(1)       The board of the council may make such by-laws, rules, and regulations as it may deem necessary for the due carrying out of the purposes and objects of the council, and may repeal, amend, or re-enact, any by-law, rule, or regulation.

By-laws of association adopted

10(2)       Until repealed or amended by the board of the council, and except in so far as they are inconsistent with any provision of this Act, the general by-laws, rules, regulations, and constitution of the association shall be deemed to be the by-laws, rules and regulations of the council.

By-laws respecting members of boards

10(3)       Subject to subsection (2), any by-law, rule, or regulation of the council respecting the election of members of the board or the term of office of members of the board, or any repeal, amendment, or alteration of any such by-law, rule, or regulation, has no effect unless confirmed by at least 2/3 of the votes cast by the members of the council present at a general meeting called for that purpose.

Board of council

11          The affairs of the council shall be administered by a board consisting of members of the board elected or appointed as provided in the by-laws, rules, and regulations of the council.

Members, assets and debts of association

12          On May 25, 1968

(a) all persons who were members of the association became and were deemed to be members of the council;

(b) all property and assets that were vested in the association became vested in the council;

(c) all properties and assets that were held in trust for the association were transfered to and vested in the council subject to any terms and conditions affecting the trust; and

(d) all debts and liabilities of the association became debts and liabilities of the council and were charged against it.

Application of The Corporations Act

13          Except in so far as they may be inconsistent with the provisions of this Act, all provisions of The Corporations Act that apply to a corporation under Part XXII of The Corporations Act apply to the council.

NOTE:  This Act replaces S.M. 1968, c. 95.