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The Agricultural Societies Act
This is an unofficial archived version of The Agricultural Societies Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. A30

The Agricultural Societies Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"department" means The Department of Agriculture; ("ministère")

"minister" means the Minister of Agriculture; ("ministre")

"officers" when applied to the officers of agricultural societies, means the president, vice-president, directors and secretary-treasurers of any such society; ("dirigeants")

"society" means an agricultural society formed under this Act; ("association")

"superintendent" means The Superintendent of Agricultural Societies. ("inspecteur général")

Objects of societies.

2

The objects of agricultural societies shall, inter alia, be the promoting of improvement in agriculture, horticulture, arboriculture, manufactures, home economics, and the useful arts, all under the following activities:

(a) Exhibitions;

(b) Seed grain fairs;

(c) Standing crop competitions;

(d) Good farming competitions;

(e) Horticultural shows;

(f) Live or dressed poultry shows;

(g) Ploughing matches;

(h) Summer fallow competitions;

(i) Importing or owning purebred livestock;

(j) Providing for the circulation of literature relating to any of the objects mentioned in this section;

(k) Offering prizes for essays relating to agriculture;

(l) Taking approved action to eradicate animal, insect, and weed pests;

(m) Co-operating with other organizations already in existence in promoting the progress of any branch of agriculture;

(n) Importing and otherwise procuring seeds and plants of new and approved specimens;

(o) Carrying on experiments, demonstrations, and field days that have for their object improvement in methods of agriculture;

(p) Holding meetings for the delivery of lectures and discussions on subjects connected with agriculture and sponsoring study groups;

(q) Conducting or carrying on horse racing meets or any form of horse racing or owning or operating race tracks.

Former societies continued.

3

All societies established and in operation on the coming into force of this Act are continued and the officers of the societies continue to hold office as such until their successors take office.

Where society may be organized.

4

A society may be organized in any part of the province subject to the following provisions:

(a) a society shall not be organized within 30 miles of the headquarters of an existing society, unless the physical conditions of the country are such that the formation of the new society will not unduly affect the existing societies within a radius of 15 miles;

(b) an application, in the form in Schedule A, for permission to organize a new society shall be made in writing to the superintendent, and shall set forth clearly the reasons why a society should be formed, and shall be signed by at least

60 persons, each of whom is over 18 years of age, and each of whom has subscribed $1. to the funds of the society;

(c) upon receipt of an application for a new society the superintendent shall submit it to the minister, who upon approval may instruct the superintendent to confer with, and, if necessary, call a meeting of, the officers of the nearest existing society whose headquarters are within 30 miles of the headquarters of the applicants, at which meeting the officers of the existing society shall by resolution declare themselves as being in favour of, or opposed to, the granting of the application for the formation of the new society;

(d) where there is no existing society whose headquarters are within 30 miles of the headquarters of the applicants, or if the resolution of an existing society is in favour of granting the application, the minister may grant permission for the formation of the society under the name: "The (chief place of business) Agricultural Society", and shall issue a certificate of the organization in the form in Schedule B, and thereupon the society shall be deemed to be formed;

(e) where the granting of the application is opposed by an existing society, the superintendent shall call upon the applicants and the existing society each to appoint one arbitrator, and the two arbitrators shall appoint a third;

(f) the three arbitrators shall consider the advisability of granting the application and they, or a majority of them, shall make a recommendation thereon to the minister;

(g) if the two arbitrators first appointed cannot agree upon a third arbitrator, the third arbitrator shall be appointed by the minister;

(h) the parties concerned in all such disputes shall deposit with the minister such moneys as may be required to pay all expenses connected therewith, and payment shall be made according to the decision of the arbitrators or a majority of them;

(i) as soon as practicable after the formation of the society a meeting of the subscribers, and of such other persons as may desire to become members thereof, shall be held at the call of the superintendent, and at such time and place and with such prior notice as he may direct;

(j) a report of the meeting certified by the president and the secretary-treasurer, containing a statement of the number of members and a list of the officers elected or appointed, shall be sent by the secretarytreasurer to the superintendent within one week after the meeting;

(k) in case of dispute as to the name of a society, or where, in the opinion of the minister, the name of a society prejudicially affects the interests of another society, he may change the name of the society;

(l) for the purposes of this Act the headquarters of a society shall be the place at which the society held its last annual exhibition, or which it has, by by-law or resolution at a meeting duly called for the purpose, designated as its headquarters or place of holding its exhibition;

(m) the secretary-treasurer shall send to the superintendent a certified copy of any by-law to which reference is made in clause (l); but a society shall not change the location of its headquarters without the consent of the minister.

Who qualified to be members.

5(1)

Any person who would have been qualified to sign an application for the formation of a society may become a member thereof at any time on payment to the secretary-treasurer of a membership fee of not less than $1.

Addresses of members.

5(2)

At the time of payment of his membership fee every member shall give to the secretary-treasurer the post office address to which all notices to the member may be sent.

Privileges.

5(3)

Payment of the fee entitles the person paying it to the privileges of membership for the financial year for which it is paid and until the conclusion of the next following annual meeting.

Firm or incorporated company may become member.

5(4)

Subject to the by-laws of the society, a firm or incorporated company may become a member of a society by payment of the regular fee; but the name of one person only shall in any one year be entered as the representative or agent of the firm or company, and that person only shall exercise the privileges of membership in the society.

Officers.

6

The officers of a society are a president, a vice-president, a secretary-treasurer, and not fewer than 10 or more than 15 directors in addition to the president and vice-president, who shall be ex officio directors.

Persons qualified to vote for officers.

7

The persons qualified to vote for officers or to be elected as such are those members who have paid their membership fee as required by this Act.

Officers to be elected by ballot.

8

At the first meeting and subsequent annual meetings all the officers, except the secretary-treasurer, shall be elected by ballot.

Term of office.

9

The president, vice-president, and directors elected at the first meeting or any subsequent annual meeting, shall hold office until the next following annual meeting, or until such time as their successors take office.

Appointment of secretary-treasurer.

10

The board of directors may appoint a secretary-treasurer, who may be a director and who shall hold office during pleasure.

Duties of secretary-treasurer.

11

The secretary-treasurer shall

(a) receive all moneys paid to the society and disburse them in the manner ordered by the board of directors;

(b) keep a complete and detailed record of all moneys received and disbursed;

(c) give and take receipts for all moneys received and paid out, and keep on file vouchers for all expenditures;

(d) close and balance the books of the society at the end of the financial year, which shall be the first day of November in each year;

(e) produce, when called for by the directors, the auditor, the superintendent, or other official appointed by the minister, all books, papers, and moneys belonging to the society and hand them over to the directors or to any person named by them; and

(f) prepare at the end of each financial year, in the manner provided by this Act, such statement of the finances of the society as is required to be submitted at the annual meeting.

Filling of office vacated.

12

Where an officer of a society resigns or in any other way vacates office during the period for which he has been elected, the board of directors shall appoint an eligible person to fill the office thus vacated for the unexpired term.

Duty of superintendent when no officers.

13

Where at any time there are no officers, or if there is an insufficient number of officers, or if the officers refuse to act, the superintendent may authorize any person to call a meeting of the society for any purpose and may take such action as he may deem necessary in the interests of the society and not inconsistent with this Act.

Annual meetings.

14

Every agricultural society shall hold an annual meeting between November 7 and December 15 in each year, at such time and place as may be decided upon by the directors.

Audit of books, etc.

15

Prior to the annual meeting of each society the secretary-treasurer thereof shall submit the books and accounts of the society for the preceding year, to be audited by an auditor, who shall be appointed at the annual meeting of the society, and who shall not be a director of the society.

Duties of official auditor.

16

The official auditor shall examine, check, audit, and report upon the accounts of each society.

Notice of annual or other meeting.

17

At least two weeks' previous notice of the time and place of holding an annual or other meeting of a society shall be given by the secretary-treasurer, by written notice mailed to each member of the society, and by such additional notice as the directors may deem necessary.

Failure to hold annual meeting in time appointed.

18

Where a society, through any cause, fails to hold its annual meeting within the time appointed, the superintendent may appoint a time for holding the annual meeting; and the meeting shall be called by the secretary-treasurer or by a person appointed for the purpose by the superintendent, and the meeting shall be held in the same way as the regular annual meeting and conducted as such in every particular.

Order of business at annual meeting.

19

The following shall be the order of business at the annual meeting of an agricultural society:

(a) Reading minutes of previous meeting;

(b) Addresses and reports of officers;

(c) Reports of committees;

(d) Unfinished business;

(e) New business;

(f) Addresses and discussions;

(g) Election of officers;

(h) Adjournment.

Duties of directors at annual meeting.

20

The board of directors shall, at the annual meeting, present

(a) a report of their proceedings for the year, with such remarks and suggestions upon the state of agricultural development in the district as they may see fit to offer;

(b) a statement showing the name, occupation, and post office address, of each member, with the amount of his subscription to the society for the year opposite his name;

(c) a detailed statement of the receipts and expenditures of the society for the current financial year, certified by the auditor;

(d) a statement of the assets and liabilities of the society, certified by the auditor;

(e) a statement showing the number of entries in each section and class of any competition prescribed by this Act;

(f) a statement showing the amount offered and also the amount actually paid in prizes for every kind of livestock, livestock judging competitions, agricultural and domestic products, manufactured articles and other objects;

(g) a report of each meeting held for the discussion of agricultural subjects, giving the names of the speakers, the subjects of their addresses and the number of persons present; and

(h) a report upon any co-operative agricultural demonstration or other educational work carried on under the superintendent during the year.

Meetings other than annual.

21

Meetings of the society, other than the annual meeting, may be held at any time that the board of directors may determine.

Meetings of directors, and notice thereof.

22

Meetings of the board of directors may be held at any time on the call of the president, or, in his absence, the vice-president, or any three members of the board; and the secretary-treasurer, when instructed so to do, shall give at least two days' notice in writing of any meeting to each member of the board, and the notice shall be sent through the mail in due course.

Quorum.

23

Twenty members constitute a quorum at a meeting of the society, and six directors at a meeting of the directors.

Superintendent.

24

An officer called: "The Superintendent of Agricultural Societies" may be appointed as provided in The Civil Service Act; and the person so appointed shall

(a) have the general direction and supervision of all societies organized or existing under this Act;

(b) as may be prescribed by the Lieutenant Governor in Council, discharge the duties of, and hold, any office authorized by law;

(c) be responsible to the minister in the discharge of his duties; and

(d) be paid a salary or other remuneration as provided by law.

Advisory board.

25(1)

The superintendent may be assisted in the general direction and supervision of societies by an advisory board composed of one director from each of the districts into which the province is divided for that purpose, from time to time, by the minister, and two additional persons appointed by the minister.

Election of directors.

25(2)

Each director shall be elected by the societies in his district at the annual convention; and if there is no election the minister may appoint a director.

Meetings of advisory board.

26

The advisory board may be convened at any time by the superintendent, on the advice of the minister, for the purpose of deciding as to the needs of the various societies.

Chairman of board.

27

Members of the advisory board shall elect from their number a chairman, who shall preside at all meetings of the board.

Duties of superintendent.

28

In the direction and supervision of societies the superintendent shall

(a) visit, inspect, and report upon agricultural exhibitions, for the information of the minister;

(b) visit, inspect, and report upon any demonstration plots, competitions, or other undertakings being carried on by any agricultural society in accordance with this Act;

(c) inspect, when required by the minister, the books, accounts, and records of any society, and give such advice and instructions to its officers as he may consider necessary to ensure the proper carrying on of the affairs of the society ;

(d) advise the directors of the various societies with regard to exhibitions, competitions and educational work.

Returns upon forms provided.

29(1)

A list of the officers elected at the annual meeting and a copy of each report and statement presented, or that are required to be presented thereat, shall be transmitted to the superintendent by the secretary-treasurer of each society, upon the forms provided for the purpose, on or before December 20 in each year.

Offence and penalty.

29(2)

Where any of the particulars mentioned in subsection (1) are not transmitted from a society within the time mentioned in that subsection, the society shall not receive any portion of any appropriation made by the Legislature to which it would be entitled if the returns were submitted, unless the minister is satisfied with the explanation given for the delay; in which case he may pay the grant to which the society would be entitled after deducting the sum of $5. for each week of the delay.

Superintendent to report to minister.

29(3)

Within two weeks after the receipt of the statement or annual report the superintendent shall transmit to the minister a report in a form approved by the Lieutenant Governor in Council, giving a statement of the amount of legislative grants earned by the society with respect thereto, and such other facts regarding the work of the society as the minister may require.

Saving respecting returns.

29(4)

Notwithstanding subsections (1), (2) and (3), any statement that is required to be presented to a society at its annual meeting may be submitted to the superintendent at any time subsequent to the holding of the exhibition or competition to which the statement refers, and previous to the first day of November in the year in which it is held; and upon receipt by the superintendent of the statement properly certified by the secretary-treasurer of the society, and endorsed by the superintendent, the grant earned by the society in respect of the exhibition or competition may be paid forthwith.

Members to make by-laws and regulations.

30(1)

The members of each society may, at an annual meeting, or at a special meeting called for that purpose, make, alter, and repeal by-laws and regulations for the general management of the society; and, subject to those by-laws, the board of directors has full power to act for, and on behalf of, the society, and all grants and other funds of the society shall be received and expended under their direction.

Copy to be sent to superintendent.

30(2)

A copy of the by-laws shall, as soon as they are passed, be forthwith transmitted by the secretary-treasurer of the society to the superintendent.

Societies to be bodies corporate.

31(1)

Each society whenever organized is a body corporate, and may acquire and hold land as a site for fairs and exhibitions, and, subject to the approval of the society given at a meeting called for the purpose, may sell, mortgage, lease, or otherwise dispose of, the land or any other property held by the society, and borrow money for the purposes of the society and, in order to secure repayment thereof, may hypothecate, mortgage, or pledge the real or personal property of the society.

Notice of meeting.

31(2)

At least a month's previous notice of any such meeting shall be given in the manner provided for calling such meetings; and the notice shall state the object for which the meeting is called.

Expropriation of land.

31(3)

Subject to the approval of the Lieutenant Governor in Council, a society may, without the consent of the owner thereof or any person interested therein, enter upon, take, and expropriate, such land, not exceeding 20 acres, as may be deemed necessary for the purpose of the society, and The Expropriation Act applies thereto.

Time and place of exhibitions.

32(1)

An exhibition may be held by an agricultural society at such time and place as may be decided upon by the directors at a meeting called for that purpose.

When prizes are to be awarded superintendent notified.

32(2)

Where a society proposes to hold an exhibition at which prizes are to be awarded two copies of the prize list shall be sent to the superintendent at least four weeks before the date on which the exhibition is to be held.

Joint exhibitions.

32(3)

Two or more societies may, by agreement between their respective boards of directors, unite their funds or any portion thereof for the purpose of holding a joint agricultural or livestock exhibition.

Board of management of joint exhibition.

32(4)

In case of such an amalgamation, the directors of the societies or delegates appointed for the purpose by each board of directors shall meet and elect from among their number a president and a vice-president, a secretary-treasurer and at least eight persons, who, with the officers so elected, shall be a board of management, and shall have the charge and management of the exhibition so to be held.

Audit of accounts of joint exhibition.

32(5)

On or before the first day of November in each year in which a joint exhibition is held, the secretary-treasurer appointed by the directors shall submit the books and accounts to an auditor as provided by section 15; and the auditor so selected shall forthwith make his audit and report to the president of the joint board and, for so doing, he shall be entitled to a fee of not less than $5.

Procedure upon receipt of auditor's report.

32(6)

Upon receipt of the auditor's report, the chairman of the joint board shall call a meeting of the directors for the purpose of considering the report and such other business as may be necessary.

Report to be submitted to societies.

32(7)

The secretary-treasurer of the joint board of management shall transmit a copy of the auditor's report to the secretary-treasurer of each of the societies taking part in the joint exhibition, and the report shall be submitted at the annual meetings of the several societies concerned.

Use of funds.

33(1)

The funds of each society, howsoever derived, shall not be expended for any object inconsistent with this Act.

Deposit of funds.

33(2)

The funds shall be deposited in a bank to the credit of the society to which they belong, and, in cases where cheques are issued by the society, they shall be signed by the secretarytreasurer of the society.

Grants.

34(1)

The following legislative grants shall be paid to societies under conditions to be determined by the minister:

(a) To each society whose membership for the last preceding financial year is shown to include at least 60 members who have each paid a membership fee of at least $1. prior to the date of the annual meeting, the sum of 50¢ for each paid up member up to 400 members;

(b) To each agricultural society holding a fair, at which prizes are awarded for livestock, vegetables, plants, flowers, fruit, home manufactures, art, children's work, and generally for excellence in agricultural production, and whose total expenditure in cash for such prizes exceeds $150. as shown by the sworn statement of the secretary-treasurer, an amount to be determined each year by the minister not to exceed 75% of the amount actually paid by the society in cash for prizes;

(c) To each society engaged in any of the following activities, seed grain fairs, standing crop, good farming and summerfallow competitions; ploughing matches, horticultural, live and dressed poultry shows; sheep, lamb, swine, calf or fat stock shows; demonstration plots, field days or any other projects undertaken under conditions to be determined by the minister, an amount to be determined each year by the minister not to exceed 65% of the amount actually paid out by the society in cash prizes or otherwise;

(d) To each society an amount not to exceed 50% of such costs, including fees, and travelling and out-of-pocket expenses incurred by the society in appointing judges, for the purpose of carrying out its objects under section 2, as may be approved by the minister;

(e) To The Manitoba Agricultural Museum, which is hereby declared to be the one agricultural museum for the province, and which, for the purposes of this clause, shall be deemed to be a society, upon the written requisition of the minister, a grant in such amount as the minister may determine, for the purpose of building and capital improvement of the museum and for the operation and maintenance of the museum;

(f) To class "A" societies, an annual grant to be used for the purpose of defraying approved travel and other expenses incurred by members of their board who are not resident within the city or town in which the headquarters of the society is located.

Basis of grants.

34(2)

The grants under subsection (1) shall be based on expenditures for prizes for the fair on specified exhibits or for educational exhibits during the current year of the grant and shall be available as soon as the fair has been held.

Cancellation of certificate.

34(3)

Where a society fails to submit its annual report to the superintendent for a period of two consecutive years, the Certificate of Organization of the society is thereupon automatically cancelled; and the society is no longer eligible to receive any grants under this Act.

Organizations deemed to be agricultural societies.

34(4)

For the purpose of receiving legislative grants

(a) The Manitoba Winter Fair;

(b) Portage Industrial Exhibition Association;

(c) Red River Exhibition Association; and

(d) any other organization that

(i) has any of the objects set out in section 2, and the operations of which are in conformity therewith,

(ii) with those objects, carries on any of the activities mentioned in that section, and

(iii) is declared by order of the minister to be an agricultural society within the meaning of this Act;

shall each be deemed to be a society.

Classification of societies.

34(5)

For the purpose of receiving legislative grants

(a) Class "A" societies are

(i) The Royal Manitoba Winter Fair and The Provincial Exhibition of Manitoba, operating jointly as "The Provincial Exhibition of Manitoba",

(ii) Red River Exhibition Association, and (iii) such other society as may be designated by the minister as a Class "A" society;

(b) Class "B" societies are

(i) The Portage Industrial Exhibition Association,

(ii) The Dauphin Agricultural Society,

(iii) The Dufferin Agricultural Society, and (iv) such other society as may be designated by the minister as a Class "B" society; and

(c) Class "C" societies are all the societies that are not either Class "A" societies or Class "B" societies, but they may be subdivided into further categories related to the size and scope of their activities.

Building grants to societies.

35(1)

From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister, shall make grants as hereinafter provided in respect of each year, to a society for the purpose of assisting the society

(a) in the construction of permanent buildings;

(b) in the purchase of equipment; and

(c) in repairing and improving the buildings and land used by the society for its purposes.

Aggregate grants.

35(2)

The total amount of all grants to any society under the section shall not exceed such maximum amount as may be fixed by the Lieutenant Governor in Council.

Discretion of minister as to grants.

35(3)

The minister, in his absolute discretion, may

(a) refuse to require the Minister of Finance to make a grant under this Act to a society; or

(b) require the Minister of Finance to make a grant to a society in an amount less than the maximum amount permitted under this Act.

Appointment of directors to museum.

36

Notwithstanding the provisions of any other Act of the Legislature, the minister, where he deems it advisable, may appoint three persons as directors of The Manitoba Agricultural Museum to hold office for such term as the minister may determine.

Grants for horse racing.

37(1)

From and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act, the Minister of Finance, on the written requisition of the minister, may in each year pay to each society that in any year holds a horse racing meet or any form of horse racing meet, a grant of

(a) the amount of tax paid under The Pari-Mutuel Tax Act by persons betting at a pari-mutuel machine operated in connection with the horse racing meet held in that year; or (b) such amount not exceeding the amount under clause (a) as may be fixed by the Lieutenant Governor in Council.

Retention of tax in lieu of grant.

37(2)

Notwithstanding subsection 10(1) of The Pari-Mutuel Tax Act, in lieu of making a grant to a society under subsection (1), the Minister of Finance may in writing authorize the society to retain for their own purposes from the tax paid under The Pari-Mutuel Tax Act and collected by the society in respect of the horse racing meet an amount equal to the amount of the grant.

Basis of grant.

38

The grants for fairs shall be based on the expenditure for prizes for the fair held during the current year of the grant and shall be available as soon as the fair has been held.

Grants for other contests.

39

For all other contests the grant shall be based on the competitions held during the current year, and shall be available immediately after the holding of the competitions.

Act to be complied with.

40

No grant shall be paid to a society for an exhibition or competition unless compliance has been made with all the provisions of this Act and all further regulations framed for the guidance of societies.

What societies receive no grants.

41

No grant shall be paid on the basis of membership to any society the membership of which does not include at least 60 paid up members.

No grants for similar classes in second exhibition in one year.

42

Where a society or the board of management of a joint exhibition holds an annual exhibition in any fiscal year of the province, if, at any time during that fiscal year, it has held or holds, either alone or in connection with a seed grain fair,

(a) a horticultural show;

(b) a poultry show; or

(c) any other exhibition;

at which prizes were or are offered for classes similar to those for which prizes were or are offered at the annual exhibition, the society or the board is not entitled to an exhibition grant in respect of those classes at the annual exhibition; and the prize money paid for those classes shall not be included in the amount upon which the exhibition grant payable to the society or board is based.

When grants may be withheld.

43

The minister may withhold payment with respect to any prize offered at any exhibition, upon receipt of a report from the superintendent stating that, in his opinion, the prize was not calculated to promote the legitimate objects of an agricultural exhibition.

Gambling devices and immoral shows basis for withholding grants.

44

No grant for holding an exhibition shall be paid to an agricultural society if, upon receipt of a report from the superintendent, or

other official authorized by him to attend and report upon agricultural exhibitions, it appears that at any exhibition held under the management of the society there were, upon the grounds on which the exhibition was held, any gambling devices or apparatus for carrying on games of chance or any shows or exhibits of an immoral or obscene nature.

Dissolution of society by order.

45(1)

Where the superintendent recommends that a society be dissolved, or if it appears to the minister advisable that a society be dissolved, the minister may order and declare that, on and after a day to be named by him, the society shall be dissolved, and thereupon the society shall cease to exist and the officers thereof shall cease to hold office.

Notice in Gazette.

45(2)

Where a society is dissolved under this section, the minister shall cause a notice of the dissolution to be published forthwith in The Manitoba Gazette.

Appointment of liquidator.

45(3)

Upon the dissolution of a society, the minister may appoint one or more persons as a liquidator of the estate and effects of the society for the purpose of winding-up its affairs and distributing its property and the liquidator so appointed may sell and dispose of and convert into money all the assets and property of the society.

Liquidator to observe reversionary interests.

45(4)

Notwithstanding subsection (3), where any part of the property or assets of a society consists of property transferred to the society by way of gift, on the understanding or condition that the property revert to the donor or to some other person, corporation, or municipality upon the winding-up or dissolution of the society, the liquidator shall observe and carry out the understanding or condition.

Disposal of property.

45(5)

Upon a winding-up, the assets and property of the society and the proceeds of a sale thereof shall be applied

(a) firstly, in paying the costs, charges and expenses incurred in a winding-up, including the remuneration of the liquidator in such sum as may be fixed by the minister; and

(b) secondly, in satisfaction of all the liabilities of the society to its creditors in full, unless the property and proceeds of sale, after paying the expenses incurred in a winding-up, are not sufficient, in which case the property and proceeds shall be distributed among the creditors of the society pro rata in accordance with the proven claims of the creditors.

Powers of liquidator.

45(6)

Unless inconsistent herewith, a liquidator appointed under this section has the powers of a liquidator under sections 214 and 215 of The Corporations Act.

Deficiency of assets.

45(7)

Where the amount realized from the sale and disposal of the assets and property of the society are not sufficient to pay the costs, charges and expenses incurred in the winding-up, any deficiency shall be paid by the department.

Liquidators reports.

45(8)

Upon the completion of the winding-up and at such other times as the minister may require, the liquidator shall report to the minister.

Gift of surplus.

45(9)

If there is a surplus of property, or proceeds thereof, in the hands of the liquidator after paying the expenses of winding-up and the claims of the creditors in full as provided in this section, the liquidator shall dispose of, by way of gift, the surplus to the municipality in which the society is located; but if the municipality refuses the gift, the liquidator shall, at such time and place and upon such notice and in such manner as the minister may direct, call a meeting of all persons who were members of the society immediately before its dissolution, and the meeting may, by resolution, authorize the liquidator to dispose of by way of gift all or part of the surplus to an agricultural society, or any other association or organization approved by the minister and engaged in community service in the area in which the society operated.

Distribution of surplus.

45(10)

If no gift is authorized under subsection (9), or if there is a surplus in the hands of the liquidator after a disposition authorized under subsection (9), the surplus

(a) consisting of money, shall be paid into and form part of the Consolidated Fund; and

(b) consisting of assets other than money, shall vest in the Crown in the right of the province.

Regulations.

46

For the purpose of carrying into effect the provisions of this Act according to their true intent, and supplying any deficiency, the Lieutenant Governor in Council may make such regulations, not inconsistent with the spirit of this Act, as are deemed necessary, advisable, or convenient; and the regulations so made shall have the same force and effect as if incorporated herein.

Societies not entitled to appropriation.

47

A society that fails to carry out any provision of this Act is not entitled to participate in any appropriation in aid of societies provided by the Legislature.

Examination of books.

48

The minister may demand that the books and accounts of any society be submitted to the Provincial Auditor for examination.

SCHEDULE A

(Section 4)

APPLICATION FOR FORMATION OF SOCIETY

To the Honourable, the Minister of Agriculture for the Province of Manitoba.

We, the undersigned, hereby apply to be formed into an agricultural society under the provisions of The Agricultural Societies Act.

The proposed name of the society is: "The Agricultural Society".

The proposed chief place of business of the society is at in the Province of Manitoba, and each of the undersigned says:

1. That he or she is over eighteen years of age.

2. That his or her occupation is correctly stated.

3. That he or she is a resident of the Province of Manitoba.

4. That he or she is not a member of any other agricultural society.

5. That he or she has subscribed to the funds of the society in cash the sum set opposite his or her name in the fourth column hereunder, and that he or she has paid into the said funds the sum set opposite his or her name in the fourth column hereunder.

Dated at this day of , 19

Signature Occupation Post Office Address Amount Paid

AFFIDAVIT VERIFYING APPLICATION

Canada, Province of Manitoba, To Wit:

I, of , in the Province of Manitoba, (occupation), make oath and say that:

1. I am one of the subscribers to the foregoing (or annexed) application;

2. I believe that the statements made in the said application by each of the said applicants are true;

3. That the sum of dollars, being the total sum paid by said applicants towards the funds of the proposed, The Agricultural Society, is now held by in trust for the said society.

Sworn before me at in the Province of Manitoba this day of ,19

(Signature)

A in and for the Province of Manitoba.

SCHEDULE B

(Section 4)

The Province of Manitoba - The Agricultural Societies Act.

This is to certify that on the day of , 19 , application was made to the Minister of Agriculture for the Province of Manitoba by (here set out names and

addresses of applicants) for the formation of an agricultural society under the provisions of The Agricultural Societies Act, to be known as: "The Agricultural Society", and to have its chief place of business at in the province, and the requirements of the said Act, as to

matters preliminary, having been complied with, it is hereby declared that the persons above mentioned have been this day organized as an agricultural society under the provisions of the said Act, under the name: "The Agricultural Society", having its chief place of business as aforesaid, and subject in all respects to the provisions of that Act.

Dated at Winnipeg, this day of ,19

Minister of Agriculture.