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The Mennonite Collegiate Institute 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 16, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 105

The Mennonite Collegiate Institute Incorporation Act

WHEREAS Cornelius De Fehr, merchant, Benjamin Ewert, clergyman, and Cornelius F. Klassen, collector, all of the City of Winnipeg; Henry H. Goossen, clergyman, of the post office of Manitou, Abram Janzen, retired farmer, of the Village of Gretna, Bernhard J. Klippenstein, merchant, of the Village of Altona, Henry Toews, clergyman, of the post office of Arnaud, David D. Klassen, clergyman, of the post office of Homewood, William Enns, clergyman, of the post office of Springstein, and Jacob M. Pauls, clergyman, of the Village of Morden, all in the Province of Manitoba, prayed that an educational institution should be incorporated with the power to carry on instruction and teaching in such branches as may be determined by it;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "The Mennonite Collegiate Institute", assented to March 23, 1945;

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           The Mennonite Collegiate Institute (hereinafter referred to as "the corporation") is continued as a body corporate consisting of those persons who are members of the corporation on the coming into force of this Act and such other persons as may become members.

Corporate powers

2           The corporation may purchase, acquire, hold, possess and enjoy, and may have, take and receive for it and its successors, lands, tenements and hereditaments, and real and immovable property and estate within the province, necessary for actual use and occupation as school buildings, residences for professors, tutors, teachers and officers, with gardens or pleasure grounds pertaining thereto, and the same may sell, alienate and dispose of, and others in their stead purchase, acquire and hold for the uses and purposes aforesaid.

Power to hold property

3           The corporation shall have power and authority to take, accept or receive to the use and to and for the purposes of the corporation, any and all lands, tenements and hereditaments, and any and all property, movable and immovable, stocks, shares, lands, debentures or securities for the payment of money by purchase, gift, devise, bequest or otherwise howsoever, and shall have and hold the same and every of them and every part thereof, to and for the use and purposes of the corporation.

Powers to dispose, etc. of property

4           The corporation may sell, exchange, mortgage, hypothecate or otherwise dispose of or pledge any lands, tenements or hereditaments, or other real or personal property, stocks, shares, bonds, debentures or securities of which it may become seized, possessed or in any wise interested in, by virtue of this Act, or howsoever otherwise, and make and execute under its common seal, or otherwise according to law, all proper deeds and instruments and do all other acts, matters and things requisite or necessary to effectuate and accomplish all and singular the premises, and the corporation shall stand seized and possessed of the real and personal property, securities or money, resulting from any transaction taking place under this section to and for the uses and purposes of the corporation.

Power to invest

5           The corporation may invest all or any sums of money of, or belonging to, it, or given or bequeathed to it, in any bonds or securities of Canada, or of any province thereof, or of the United Kingdom, or of any foreign state, or in any debentures of any municipality of the province, and may also lend and invest any such money upon the security of any real or personal property, and the corporation may, under its corporate name, or in the name of any person or persons, as trustee or trustees, take and hold any real or personal property, or any interest therein by way of mortgage to secure any such investment.

Assets for sole use of institution

6           All the property of every kind whatsoever of which the corporation shall at any time be seized, possessed or in any way interested in, as well as any income, interest, dividends, rents, issues or revenues therefrom arising or accruing, shall be exclusively applied and appropriated to the maintenance and support of the corporation and the advancement and promotion of the training and education of the pupils and scholars therein, and to no other purpose or object.

Powers to educate and make rules, etc.

7           The corporation may by all lawful ways and means, carry on such educational work as may be determined by it, and may continue, enlarge, and perpetuate, the corporation, and to this end may make and establish such rules, orders, and regulations not contrary to any Act of the Legislature or regulations made thereunder, as to it shall seem expedient, as well in respect of the course and system of training and instruction in the said school as in respect of the teachers, pupils and scholars thereof.

Board of directors

8           The affairs of the corporation shall be managed by a board of directors, all of whom shall belong to the Mennonite denomination, and who shall be elected in the manner provided for in the by-laws of the corporation from the Mennonite congregations within Manitoba.

Officers

9           The board of directors shall at its first meeting after the annual meeting of the corporation, appoint in the manner provided in the by-laws of the corporation a chairman and a secretary-treasurer.

By-laws, rules and regulations

10          The board of directors may, in addition to exercising the powers herein conferred upon it or by law vested in, or incident to, a corporation aggregate, draw up, pass and enact statutes and ordinances, or by-laws, for the holding of annual, general, or special meetings, the appointment and continuance in office of the directors, naming the number of directors who shall constitute a quorum for the transaction of business of the corporation and the exercising of the powers thereof, for the admission of persons desirous of becoming members of the corporation, for the appointment of teachers, and the prescription of the course of study, instruction, training, discipline, and for whatsoever else in this direction may be deemed needful and expedient for the welfare of the institute and for any and all other matters and things connected with or incident to the corporation.

Management

11          The board of directors shall have the whole management of the financial affairs of the corporation, and shall receive and distribute all its money, keep and manage all its property and transact all business relating to the property and money committed to its care.

Non-liability of members

12          No member of the corporation shall be individually liable or accountable for the debts, contracts, acts or defaults of the corporation.

Accounting to Minister of Education

13          The corporation shall, when required by the Minister of Education, render an account in writing of its affairs, which account shall set forth in particular the annual income derived from lands, tenements and hereditaments held or owned by the corporation; other income and the source whence it is derived, and the members of the corporation; the number of teachers employed in the various branches of education, and the course of instruction.

No degrees

14          Nothing herein contained shall authorize the corporation to grant or confer any degrees.

NOTE:  This Act replaces S.M. 1945 (1st sess.), c. 98.