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RSM 1990, c. 199
The Ukrainian Catholic Parishes Incorporation Act
|Table of Contents||Bilingual (PDF)|
WHEREAS The Ukrainian Catholic Episcopal Corporation of Manitoba, a corporation incorporated by chapter 191 of the Statutes of Canada, 1913, as amended by chapter 79 of the Statutes of Canada, 1951, by its petition, prayed that an Act be passed by the Legislature of Manitoba with regard to the property, rights, and powers of the parishes and missions of the Ukrainian Catholic Church in Canada, in Manitoba;
AND WHEREAS its prayer was granted, and resulted in the enactment of the Ukrainian Catholic Parishes Act, assented to April 18, 1953;
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, 1984 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advise and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"church" means the Ukrainian Catholic Church in Canada, in communion with Rome;
"corporation" means a parish incorporated under this Act;
"members" means Christians who hold services of public worship according to the dogmas, doctrines, discipline, by-laws, rules, and regulations of the church;
"parish" means a congregation, local church charge, circuit, mission, or other local unit for purposes of worship, under the guidance of a priest of the church.
2 A holding may be operated in such a manner as to be self-sustaining financially, but shall not be operated for the purpose of being, or so as to be, a source of revenue to members or parishes or to the church.
3(1) The members of any parish, at a meeting called as hereinafter provided, may, by a clear majority of the votes of the members present at the meeting and entitled to vote, pass a resolution constituting the members of the parish and their successors a body politic and corporate under the name: "The Ukrainian Catholic Parish of " (giving the distinguishing name of the parish).
3(2) A copy of the resolution accompanied by a certificate of consent in writing under the hand of the bishop of the church in Manitoba and sealed with the seal of The Ukrainian Catholic Episcopal Corporation of Manitoba, and stating that the members of the parish are members of the Ukrainian Catholic Church in Canada, in communion with Rome, and that the parish is a parish of that church, shall, within six months after the date of the meeting, be filed in the office of the member of the Executive Council charged with the administration of The Corporations Act, and the copy of the resolution so filed shall be conclusive evidence of the incorporation of the parish.
3(3) A copy of the resolution, certified by the member of the Executive Council charged with the administration of The Corporations Act, shall be received in all cases as prima facie proof of the facts and matters therein stated.
3(4) Fourteen days' notice shall be given of any meeting called for the purposes referred to in subsection (1) and the notice shall state the purpose of the meeting and shall be published in a newspaper having a general circulation in the locality in which the parish is situated.
3(5) A parish incorporated under this Act shall be under the spiritual guidance of the bishop of the church in Manitoba and his successors in office of the same faith and rite, appointed by the Holy Father the Pope and perservering in communion with Rome.
S.M. 1991-92, c. 41, s. 41.
4(1) Every corporation shall have
(a) a duly appointed priest who shall be the chairman of the board of trustees and of all church committees;
(b) an elected board of trustees comprising not less than five members in addition to the chairman; and
(c) a financial board comprising at least three members who shall act in an advisory capacity.
4(2) The trustees shall be elected annually for a period of one year, but may be re-elected.
4(3) Members of the financial board may also be members of the board of trustees.
5(1) All meetings of the members of a corporation shall be called by the parish priest or in his absence, and with his consent, by the board of trustees.
5(2) All questions at meetings shall be decided by majority vote.
5(3) Where a meeting is held in the absence of the priest all decisions are subject to his approval.
5(4) In case of a tie the chairman of the meeting shall have a casting vote.
5(5) Each corporation shall submit detailed annual financial statements to the bishop of the church in Manitoba, and shall open its financial books for inspection to a duly appointed representative of The Ukrainian Catholic Episcopal Corporation of Manitoba.
6 Every corporation may, with the written approval of the bishop of the church, purchase, acquire, take, have, hold, receive, possess, retain, and enjoy, property, real or personal, corporeal or incorporeal, necessary for its purposes or any estate or interest therein.
7 Every corporation may, with the approval of the bishop of the church, sell, convey, exchange, alienate, mortgage, lease, or demise, any real or personal property held by the corporation, whether by way of investment for the uses and purposes of the corporation or not.
8(1) Every corporation may make by-laws, not contrary to law, for
(a) the administration, management, and control of the property, business, and other termporal affairs of the corporation;
(b) the appointment of committees for the purposes of the corporation, and the calling of meetings of those committees;
(c) generally for the carrying out of the objects and purposes of the corporation.
8(2) No such by-law shall have any force or effect, nor shall any committee have any powers, until the approval thereof in writing of the bishop of the church in Manitoba has been obtained.
9(1) Every corporation may, for the purposes of the corporation,
(a) borrow money upon the credit of the corporation;
(b) limit or increase the amount to be borrowed; and
(c) make, draw, accept, endorse or become party to promissory notes and bills of exchange.
9(2) Every such note or bill made, drawn, accepted or endorsed by the corporation signed by the bishop of the church in Manitoba, or by some other person nominated for the purpose by the bishop of the church in Manitoba, shall be binding upon the corporation, and shall be presumed to have been made, drawn, accepted or endorsed with proper authority until the contrary is shown, and it is not necessary in any case to have the seal of the corporation affixed to any such note or bill.
10 Any deed, transfer, mortgage, charge, or other instrument relating to, or dealing with, real estate or any interest therein vested in any corporation, shall be deemed to be duly executed and binding upon the corporation, and shall be sufficient for the purposes for which it is intended, if there are affixed thereto the seal of the corporation attested by the chairman and secretary of the board of trustees and the seal of The Ukrainian Catholic Episcopal Corporation of Manitoba attested by the bishop of the church.
11 Every corporation shall, when thereunto required by the member of the Executive Council charged with the administration of The Corporations Act, make a full return of its property, real and personal, and of its receipts and expenditures for such period, and with such details and other information, as the said member requires.
12 No member of any corporation shall be individually responsible for any of the debts, contracts, or liabilities of the corporation.
13 A corporation formed under this Act shall be governed by such general by-laws as may be made, altered, or amended, by the bishop of the church in Manitoba.
14 Every parish or mission of the Ruthenian Greek Catholic Church in the Province of Manitoba that, before April 18, 1953, became a body corporate under An Act to incorporate the Ruthenian Greek Catholic Parishes and Missions in the Province of Manitoba, being chapter 127 of the Statutes of Manitoba, 1913, and amendments thereto, is continued as a body corporate under this Act; and this Act applies to that body corporate; and the name of each of those parishes or missions is hereby changed by substituting the words "Ukrainian Catholic Parish (or Mission)" for the words "Ruthenian Greek Catholic Parish (or Mission)" where those words appear in the name; and the titles to all properties now standing in the name of any such parish or mission shall be amended by substituting the word "Ukrainian" for the words "Ruthenian Greek" in those titles.
S.M. 1991-92, c. 41, s. 41.
NOTE: This Act replaces S.M. 1953 (2nd sess.), c. 81.