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RSM 1990, c. 132
L'Oeuvre des bourses du Collège de Saint-Boniface Incorporation Act
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WHEREAS there existed for many years in St. Boniface an unincorporated society known as L'Œuvre des bourses du Collège de Saint-Boniface which received contributions from the French speaking communities of Manitoba for the purpose of providing scholarships to needy and worthy students attending le Collège de Saint-Boniface;
AND WHEREAS the persons hereinafter named, by their petition, prayed that the society should be incorporated: Raymond Bernier, Armand Dureault, Roger Senécal, Émile Pelletier, Louis Deniset, Jean Comeau, Albert Milanese, Louis Rostaing, S.J., Ludger Guy, S.J., Lucien Paquin, and Maurice Deniset-Bernier, Edmond Lavoie and Pierre Gagne;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate The St. Boniface College Scholarship Fund, assented to March 30, 1962;
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:
1 L'Œuvre des bourses du Collège de Saint-Boniface (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members of the board of directors of the corporation on the coming into force of this Act and such other persons as hereafter become members of the board of directors.
2 There shall be a board of directors of the corporation consisting of 13 directors who shall be appointed as hereinafter provided and who shall at all times be French speaking and of the Roman Catholic faith, seven of whom shall constitute a lay section, three of whom shall constitute a scholastic section and the remaining three of whom shall constitute a religious section.
3(1) All directors shall serve for a term of three years.
3(2) Vacancies shall be filled
(a) in the lay section, by majority vote of all the directors;
(b) in the scholastic section, by the Rector of Le Collège de Saint-Boniface; and
(c) in the religious section, by the Archbishop of St. Boniface.
4 The corporation may
(a) receive contributions in cash, cheques, bills receivable, money orders, bonds, stocks, notes, and securities and donations of property of every kind and description wheresoever situated; whether made by transfer, deed, will, assignment or other writing and whether made to become effective at any future time or forthwith;
(b) make appeals to the public at large for contributions to the treasury of the corporation;
(c) receive applications for scholarships by students, and award from its funds scholarships or loans to students enrolled or intending to enroll at Le Collège de Saint-Boniface;
(d) appoint such officers and servants of the corporation as may be necessary for the efficient carrying on of its work;
(e) invest all or any part of its funds in such investments as are permitted by The Trustee Act for investments by trustees;
(f) accept conditional contributions and donations if the conditions made by the contributor or donor are not inconsistent with the objects of the corporation;
(g) 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, or any other instruments that may be required or deemed necessary or advisable by the lender;
(h) sell, mortgage, lease or otherwise deal with or dispose of its real and personal property to such extent as may be deemed advisable by the directors, and make and execute all necessary and proper conveyances, transfers, or other instruments for carrying the transaction into effect.
5 The objects of the corporation are to encourage, develop and foster higher learning in the French speaking communities of Manitoba through the medium of Le Collège de Saint-Boniface by making available scholarships or loans to needy and worthy students enrolled or intending to enroll at that college.
6 The corporation may pass such by-laws, rules, and regulations, subject to this Act, as it deems necessary or advisable for the due carrying out of the purposes and objects of the corporation.
7 The entire administration, management and custody of the affairs, property, and funds of the corporation is vested in its board of directors; but the board of directors may appoint an executive committee consisting of five directors which shall be vested with full power and authority to act for and in behalf of the board of directors, but subject to its directions.
8 A quorum at meetings of the board of directors consists of seven directors and a quorum at meetings of the executive committee consists of three directors.
9(1) The corporation shall cause an audit of its funds, books, transactions, and affairs to be made at least once in every fiscal year by a chartered professional accountant authorized to provide public accounting services or auditor appointed by the board of directors.
9(2) The auditor shall furnish to the board of directors a statement, certified by him to be correct, setting forth the results of the audit and his recommendations if any; and the board of directors shall publish in a newspaper having circulation in the French speaking communities in Manitoba, a copy of the statement and of the certificate of the auditor.
10 Any reference in any will, codicil or other testamentary document to "L'Œuvre des Bourses", "L'Œuvre du Collège" and "L'Œuvre des bourses du Collège de Saint Boniface" shall be deemed to designate the corporation.
11 The corporation shall at all times, when called upon to do so by the Lieutenant Governor in Council, render an account of its property and affairs.
NOTE: This Act replaces S.M. 1962, c. 126.
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