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Les Oblats de Marie Immaculée du Manitoba Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of September 18, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 131

Les Oblats de Marie Immaculée du Manitoba Incorporation Act

WHEREAS an Association of Ecclesiastics existed for several years in the Archdiocese of St. Boniface under the name of Les Révérends Pères Oblats, having for its object the establishing of missions, procuring instruction and education;

AND WHEREAS the said Révérends Pères Oblats, by the Petition presented in their name by the Reverend Father Joachim Albert Allard, one of their body, prayed that the said Association be incorporated;

AND WHEREAS the prayer was granted, and resulted in the enactment of An Act to Incorporate Les Révérends Pères Oblats in the Province of Manitoba, assented to March 8, 1873;

AND WHEREAS The Reverend Fathers Alexandre Taché, Archbishop of St. Boniface, Jean Baptiste Baudin, Joseph Theophile Lavoie, Joseph McCarthy, and the said Joachim Albert Allard were original members of the Association;

AND WHEREAS the Act was subsequently amended and the name of the corporation changed to Les Oblats de Marie Immaculée du Manitoba;

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 Council and Legislative Assembly of Manitoba, enacts as follows:

Continuation

1           Les Oblats de Marie Immaculée du Manitoba (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 may become members of the said corporation.

Objects and powers

2(1)        The corporation shall have power to act as manager of the temporal affairs of the Roman Catholic Church in any parish in the Province of Manitoba; the establishing and carrying on of missions; the erection, maintenance and conduct of schools, colleges, churches, orphanages and hospitals; the promotion of the spiritual education and other interests of the Roman Catholic Church; the conducting, taking charge of, holding and managing property, both real, personal and mixed, which may at any time or in any manner come to or vest in or which may heretofore have vested in the said corporation for any purpose whatever, by purchase, gift, grant, devise or otherwise; to take, buy, hold, purchase and receive by gift, grant, devise or otherwise any property, either real, personal or mixed, and to mortgage, pledge, sell or dispose of the same or any part thereof.

Erection of buildings

2(2)        The corporation shall have power to erect any church, school, hospital or other buildings on any property heretofore or hereafter acquired by the corporation, for the purpose of imparting both religious and secular instructions therein according to the ritual and under the rules of the Roman Catholic Church, and for the purpose of conducting orphanages, hospitals or other charitable institutions.

Borrowing powers

2(3)        The corporation may, from time to time, for any of the purposes of the corporation, borrow money by mortgage, bonds, note, overdraft or otherwise.

Head office

2(4)         The head office of the corporation shall be at the City of Winnipeg, or such other place in the Province of Manitoba as may from time to time be determined by the by-laws of the corporation.

What by-laws may be made

2(5)        It shall be lawful for the corporation to make by-laws, rules and regulations not contrary to the laws of this Province or of Canada, or the discipline of the Roman Catholic Church, for the government and proper administration of the affairs and property of the corporation, and to repeal and amend the same from time to time.

Who may be members

2(6)        No person shall be a member of the corporation or hold office in the corporation except persons of Roman Catholic faith who are members of the religious order known as La Congrégation des Missionnaires Oblats de Marie Immaculée and by decision of the supreme authority of the Order, are associated to Les Révérends Pères Oblats in the Province of Manitoba, and as long as the aforesaid persons remain so associated and are recognized as such by the board of directors of the corporation.

Power to appoint Attorney

3           The corporation shall also have power to appoint, if it think fit, one or more Attorneys for the purpose of conducting its affairs.

When account to be rendered

4           It shall be the duty of the corporation at all times when called upon so to do by the Lieutenant Governor in Council of this Province, to render an account in writing of its property and affairs.

Not individually liable

5           No member of the corporation shall be individually liable or accountable for the debts, contracts or securities of the corporation.

Powers of investment

6           The corporation may invest and re-invest any of its funds

(a) in any bonds or debentures of a municipality or public school corporation or school district in Canada, or in securities of or guaranteed by the Government of Canada or the government of any province of Canada;

(b) in mortgages or freehold property in Canada, and for such purposes may make loans secured by mortgages or take mortgages or assignments thereof, whether such mortgages or assignments be made directly to the corporation in its own corporate name or to some company or person in trust for it, and may sell or assign the same; and

(c) any securities in which life insurance companies are authorized from time to time by the Parliament of Canada to invest funds, subject to the limitations on investments in stocks, bonds and debentures set out in the Canadian and British Insurance Companies Act (Canada).

Public Act

7           This Act shall be deemed a Public Act.

NOTE:  This Act replaces S.M. 1873, c. 35.