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The Missionaries of Africa (White Fathers) Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of March 28, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 112

The Missionaries of Africa (White Fathers) Incorporation Act

WHEREAS from the year 1948 there has existed in the Province of Manitoba, religious order or association of ecclesiastics of the Roman Catholic faith which was in possession of its canonical status and was known under the name Les Pères Blancs, Missionnaires d'Afrique, and among whose objects were the establishment and conduct of convents, novitiates and the operation of seminaries to give to men such as may be qualified or desire an education, training for priesthood or religious life in the Roman Catholic Church, and the support and maintenance of persons engaged in religious, charitable, and missionary endeavours, and the doing of acts consistent with the duties appertaining to the order or association;

AND WHEREAS the order or association operated in the Province of Manitoba a convent, at the City of St. Boniface;

AND WHEREAS the persons hereinafter named, by their petition, prayed that Les Pères Blancs, Missionnaires d'Afrique should be incorporated:  Alfred Lanctot, Wilfrid Vachon, Eugene Nadeau;

AND WHEREAS the prayer was granted, and resulted in the enactment of An Act to incorporate "Les Pères Blancs, Missionnaires d'Afrique", assented to March 25, 1949;

AND WHEREAS the Minister of Justice has caused that 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           Missionaries of Africa (White Fathers) (hereinafter referred to as "the corporation") is continued as a corporation, consisting of those persons who are members on the coming into force of this Act, and such other persons as become members of such order or association.

Head office

2           The head office of the corporation shall be in the City of Winnipeg, or in some other place in Manitoba as the directors may appoint.

Council and its powers

3           The affairs of the corporation shall be governed by three directors, chosen as provided in the by-laws of the corporation, who shall constitute the council of the corporation; and the council may, for and on behalf of the corporation, if deemed expedient, make by-laws for

(a) the administration, management and control of the property, undertakings, business and other temporal affairs of the corporation;

(b) the appointment, term of office, functions, duties and remuneration of all members, officers, agents and servants of the corporation and their successors;

(c) the admission of members to, and their dismissal from the corporation;

(d) generally, the carrying out of the objects and purposes of the corporation.

Powers of corporation

4           The corporation may purchase, take, hold, receive, possess, retain and enjoy the property, real or personal, corporeal or incorporeal whatsoever, and for any and every estate or interest therein whatsoever given, granted, devised or bequeathed to it, or appropriated, purchased or acquired by it in any manner or way whatsoever, to, for or in favour of, any religious, educational eleemosynary, or other institution established or intended to be established, by, under the management of, or in connection with, the uses or purposes of the corporation.

Property

5           The corporation may also sell, convey, exchange, alienate, mortgage, lease or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the corporation or not, and may also from time to time invest all or any of its funds or moneys and all or any funds or moneys invested in or acquired by it for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec, or charge upon real or personal property; and for the purposes of such investment may take, receive and accept mortgages or assignments thereof, whether made or executed directly to the corporation, or to any corporation, body, company or person in trust for it, and may sell, grant, assign or transfer such mortgages or assignments either wholly or in part.

Execution of documents

6           Any deed, transfer, mortgage, charge or other instrument relating to or dealing with real estate or any interest therein of the corporation shall be deemed to be and shall be duly executed and shall be sufficient for the purposes for which it is intended, if there are affixed thereto the seal of the corporation and the signatures of two members of the council of the corporation.

Borrowing powers

7(1)        The corporation may for its purposes:

(a) borrow money upon the credit of the corporation;

(b) limit or increase the amount to be borrowed;

(c) make, draw, accept, endorse, or become party to promissory notes and bills of exchange;

(d) mortgage, hypothecate, or pledge the real or personal property of the corporation, or both, to secure any money borrowed for the purposes of the corporation.

Execution of notes

7(2)        Promissory notes and bill of exchange made, drawn, accepted or endorsed by the corporation and countersigned by the proper party thereto authorized by the by-laws, shall be binding upon the corporation and be presumed to have been made, drawn, accepted or endorsed with the proper authority until the contrary is shown, and it shall not be necessary in any case to have the seal affixed to any such bill of exchange or note.

Rental value of real estate

8           The annual rental value of real estate held by, or in trust for the corporation, excepting such property as is necessary for the actual carrying on of the work of the corporation, shall not exceed $15,000.

Miscellaneous powers

9           The corporation may

(a) acquire, establish, erect, equip, maintain and conduct churches, parishes, convents, novitiates, or establishments of the order or association within the province, and nominate and appoint managers of the same;

(b) appoint officers, administrators, and attorneys and define their powers, and nominate an attorney or attorneys not being members of the corporation;

(c) erect, in connection with or adjacent to its convent or convents, chapels to which the general public may be admitted;

(d) establish a vault or cemetery on the property of any of its convents for the purpose of depositing therein the remains of its deceased members, if such burial places are established and maintained in accordance with the by-laws of any municipality in which they may be situate and in accordance with the laws and regulations of the province governing the burial of the dead; and

(e) generally exercise all such powers as are necessary for the carrying out of the objects and purposes of the corporation.

Report to minister

10          The corporation shall at all times, whenever required by the Lieutenant Governor in Council so to do, render an account in writing of its property and affairs to the member of the Executive Council charged with the administration of the Corporations Act.

NOTE:  This Act replaces S.M. 1949, c. 98.