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An Act to amend The Religious Societies' Lands Act

R.S.M. 1987 Supp., c. 30

An Act to amend The Religious Societies' Lands Act

Subsec. 1(1) am.

1(1)

Subsection 1(1) of The Religious Societies' Lands Act, chapter R70 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding immediately after the definition "annual or special meeting" the following definition:

"articles" includes any document filed in the office of the minister that is evidence of corporate existence under this Act and includes any amendments thereto;.

Subsec. 1(1.1) added.

1(2)

The Act is amended by adding thereto, immediately after subsection 1(1), the following subsection:

Deemed continuance.

1(1.1)

For the purposes of this Act, where a religious society filed a resolution constituting the trustees of a religious society a body corporate with the minister prior to the coming into force of this section or a resolution changing the name of a religious society was so filed, the resolution shall be deemed to have been filed under this Act as articles of incorporation or articles of amendment as the case may be.

Subsec. 6(2) and (3) rep. and sub.

2

Subsections 6(2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Articles to be filed.

6(2)

A religious society shall file in the office of the minister within six months after the date of the meeting referred to in subsection (1), two copies of articles of incorporation in the prescribed form.

Change of name.

6(3)

A religious society whose trustees have, under this Act, been constituted a body corporate may, by a majority vote of the members present at an annual or special meeting, adopt a resolution changing its name.

Filed within six months.

6(4)

A religious society shall file in the office of the minister, within six months after the date of the meeting under subsection (3), two copies of articles of amendment in the prescribed form.

Sec. 7 rep. and sub.

3

Section 7 of the Act is repealed and the following sections are substituted therefor:

Minister to issue certificate.

7(1)

Upon receipt of any articles, the minister shall issue a certificate.

Date of coming into existence.

7(2)

A religious society comes into existence on the date shown in the certificate of incorporation.

Effective date of articles of amendment.

7(3)

Articles of amendment are effective on the date shown in the certificate.

Records may be microfilmed.

7.1(1)

Records required by this Act to be prepared and maintained by the minister may be in bound or loose-leaf form or in photographic film form, or may be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time.

Certification.

7.1(2)

Where records maintained by the minister are prepared and maintained other than in written form,

(a) the minister shall furnish any copy required to be furnished under this Act in intelligible written form; and

(b) a report reproduced from those records, if it is certified by the minister, is admissible in evidence to the same extent as the original written records would have been.

No original must be supplied.

7.1(3)

The minister is not required to produce any document where a copy of the document is furnished in compliance with clause (2)(a).

Copy as evidence.

7.1(4)

A certified copy of the articles or a certificate referred to in this Act, when introduced as evidence in any civil, criminal or administrative action or proceeding, is conclusive proof of the facts so certified without proof of the signature or official character of the person appearing to have signed the certificate.

Certificate.

7.1(5)

The minister may furnish any person with a certificate of search or with a certificate that a religious society has filed with the minister a document required to be filed with the minister under this Act or any predecessor thereof, or with a certified copy of any document.

Sec. 30 added.

4

The Act is further amended by adding immediately after section 29 the following section:

Regulations.

30

The Lieutenant Governor in Council may make regulations

(a) prescribing the form of articles, amending articles and certificates;

(b) prescribing the fees to be paid for the filing of any document; and

(c) respecting any other matter required for the efficient administration of this Act.

Commencement.

5

This Act comes into force on a day to be fixed by proclamation.