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R.S.M. 1990, c. 12
The Board of Trustees for the Organizations of the Orange Order Incorporation Act
|Table of Contents||Bilingual (PDF)|
WHEREAS The Protestant Orphans' Home (hereinafter sometimes referred to as "the corporation") was incorporated by chapter 172 of the Statutes of Manitoba, 1920 and carried on work for the care of children;
AND WHEREAS due to the changes in methods and practices in the field of child welfare, there was enacted An Act to establish the Board of Trustees for the Organizations of the Orange Order and to dissolve The Protestant Orphans' Home, assented to March 15, 1957, whereby the Act to incorporate The Protestant Orphans' Home was repealed, and the funds and securities of the corporation were transferred to trustees to be administered for charitable purposes;
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:
The Board of Trustees for the Organizations of the Orange Order (hereinafter referred to as "the board") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as are from time to time members of the board.
All the property, both real and personal, that, on June 1, 1957 was possessed, held, used or enjoyed by The Protestant Orphans' Home incorporated by chapter 172 of the Statutes of Manitoba, 1920, is hereby transferred to, and vested in the board.
The board shall consist of 14 persons; namely:
(a) the Grand Master, from time to time in office; and
(b) the Grand Mistress, from time to time in office;
of the Grand Orange Lodge of Manitoba, each of whom shall be an ex-officio member; and
(c) 12 members elected from the general membership of the auxiliary organizations of the Grand Orange Lodge of Manitoba named in subsection (2).
The elected members to whom clause (1)(c) refers shall be elected at the respective annual general meetings of the organizations hereinafter named, and shall be elected as follows:
(a) five members from the Ladies' Orange Benevolent Association of Manitoba;
(b) four members from the Loyal Orange Association of Manitoba;
(c) three members from the Ladies' True Blue of Manitoba.
Administration under trust agreement
The property transferred to, and vested in, the board under section 2 shall, subject to this Act, be held and administered by the board in accordance with the terms of a trust agreement to be made, as herein provided, between the board, the Grand Orange Lodge of Manitoba and each of the organizations named in subsection 3(2).
Execution of trust agreement and terms
The board shall maintain a trust agreement as provided in subsection (1); and the trust agreement shall, subject to this Act, provide for the administration, investment, distribution, use, and disposal of the property transferred and vested under section 2; and, in particular, shall provide for the use of that property or the income therefrom, or both,
(a) for the furtherance of the care of children and of adults who, by reason of age, infirmity, or disability, mental or physical, are unable to care for themselves; and
(b) for the establishment or support of institutions for the purposes mentioned in clause (a).
The parties to the agreement may alter or amend it by supplementary agreement as may be deemed necessary or advisable.
Subsequent gifts, etc., to Protestant Orphans' Home
All real or personal property to which, if this Act had not been passed, The Protestant Orphans' Home would have become entitled by gift, devise, or bequest after June 1, 1957, is hereby transferred to, and vested in, the board to be administered as herein provided as if given, devised, or bequeathed directly to the board.
The board may
(a) receive gifts, bequests, or legacies given to, or in the name of, The Protestant Orphans' Home;
(b) acquire, take, accept, and receive by grant, purchase, lease, gift, devise, bequest, or otherwise howsoever, and possess, hold, use, enjoy, sell, exchange, mortgage, lease, dispose of, or otherwise deal with, any and all property, both real and personal, of every nature and kind whatsoever, for the purposes of the board and of this Act, and may make and execute all instruments and documents, and do all acts, matters, or things, requisite or necessary therefor;
(c) invest all or any sums of money belonging to the board, or held by it in trust, in any securities in which a trustee may, under The Trustee Act, invest trust funds;
(d) draw, make, accept, endorse, execute, and issue promissory notes, bills of exchange, and other negotiable or transferable instruments;
(e) make or cause to be made any description of contract into which it may lawfully enter;
(f) elect one of the members to be chairman and one to be vice-chairman of the board;
(g) appoint and remove a secretary-treasurer, who may be, but need not necessarily be, a member of the board;
(h) appoint, employ, and remove other officers and employees;
(i) fix the remuneration, if any, to be paid to officers and employees, and the security, if any, to be given by any one or more of them;
(j) pass by-laws respecting
(i) subject to section 3, the election of members of the board, their terms of office, and the filling of vacancies for any unexpired term or terms of office,
(ii) the times at which, and the places where, meetings are to be held,
(iii) the calling of meetings, regular and special, of the board,
(iv) the quorum, and the procedure in all things, at meetings of the board,
(v) subject to section 3, the qualifications of members of the board,
(vi) the conduct in all other particulars of the affairs of the board.
NOTE: This Act replaces S.M. 1957, c. 111.