Date: June 14, 2012
RSM 1990, c. 80
The Jewish Child and Family Service Incorporation Act
WHEREAS the persons hereinafter named, by their petition, prayed that Jewish Child and Family Service should be incorporated: Samuel B. Nitikman, Isabel Wolinsky, Frank Billinkoff, Israel Brotman, Myer Galpren, Leonard Davis, Leo Meltzer, Ada Schacter, Fanny Mindess, Abe Schwartz, Jenny Artenstein, Leah Pullmer, Sarah Wiseman, Sam Boroditsky, Harry Fainstein, Morris Gray, Abe Kanee, James Ben Zion Smalley, Harry Walsh, Joseph Gershfield, Annie Harris, David Thompson, Ruvin Lyons, Hattie Wilder, Moses Cohen, Benjamin A. Shuckett, Alice Lawrence, Charlotte Mass, Sara Nitikman and Bessie Stuart;
AND WHEREAS the prayer was granted, and resulted in the enactment of An Act to incorporate Jewish Child and Family Service, assented to March 31, 1952;
AND WHEREAS the Minister of Justice has caused that 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:
Jewish Child and Family Service (hereinafter referred to as "the corporation"), is continued as a corporation consisting of those persons who are members on the coming into force of this Act and such other persons as from time to time become members of the corporation.
The head office of the corporation shall be in the City of Winnipeg or such other place in Manitoba as the directors may appoint.
The corporation may purchase, take, hold, receive, acquire, rent, build, improve, possess, and enjoy, any property, real or personal, corporeal or incorporeal whatsoever, and for any and every estate or interest therein whatsoever given, granted, devised, or bequeathed, to it, or appropriated, purchased, or acquired, by it in any manner whatsoever; but it shall not acquire or hold in its own right real estate not acquired for carrying on the work of the corporation.
The corporation shall be deemed to be an agency incorporated under The Child and Family Services Act.
The corporation may sell, convey, exchange, alienate, mortgage, hypothecate, pledge, lease, or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the corporation or not, and may also invest all or any of its funds or money, and all or any funds or money invested or acquired by it, for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec, or charge upon real or personal property; and for the purposes of any such investment may take, receive and accept mortgages or assignments thereof, whether made or executed directly to the corporation, or to any corporation, body, company or person in trust for it, and may sell, grant, assign or transfer such mortgages or assignments either wholly or in part.
Subject to subsection (2), at all annual meetings 12 directors shall be elected for a three-year term.
The number of the directors or their term of office may be changed by a resolution passed at any annual meeting.
The administration, management, and custody of the affairs, property, and funds of the corporation shall be vested in the board of directors, which may make, amend, repeal, or re-enact by-laws for the government of the corporation, including by-laws to govern the admission of members to, and their expulsion from, the corporation.
The board of directors may delegate any or all of its powers to an executive committee constituted in accordance with the by-laws of the corporation.
The corporation may, in any manner not contrary to law,
(a) engage in child and family welfare work among the Jewish people of Winnipeg and the province, and furnish case work service to enable Jewish children and Jewish families to achieve a fuller adjustment to their environment;
(b) provide for the care, maintenance, and protection of children of a parent or parents of the Hebrew faith or religion, and without limiting the generality of the foregoing, of such children who are orphaned or neglected, or bereaved and dependent, or of children of unmarried women of the Hebrew faith, within the meaning of The Child and Family Services Act, or any other similar Act, or otherwise;
(c) give information and advice about the availability and benefits of the services of the corporation as well as services of other agencies;
(d) give study to problems in the field of child and family welfare work and in co-operation with other community agencies, seek and promote ideals, principles, and methods that will, in the opinion of the corporation, strengthen the adjustment, well-being, and security, of children and families;
(e) establish, maintain, support, and operate, institutions or shelters in the City of Winnipeg or elsewhere for the purpose of sheltering, relieving, assisting, educating, reclaiming, or otherwise dealing with persons in need of such services;
(f) generally, exercise all such powers as are necessary for the carrying out of the objects and purposes of the corporation.
Subject to The Child and Family Services Act and unless otherwise provided in a written agreement with the parent or guardian of a child, the corporation may send out any child committed to it, or in its care and custody, to any person, to be nursed, supported, or educated, upon such terms, as the corporation may in its opinion deem fit and necessary for the welfare of the child.
The corporation may withdraw the child from the custody of the person with whom it is placed, when, in the opinion of the corporation, the welfare of the child requires it.
In exercising the powers granted by section 9, the corporation may accept, undertake, and execute, the office or duties of executor, administrator, administrator de bonis non, guardian of any minor, or litigation guardian, or committee for any mentally disabled or disordered person whomsoever incapable of managing his own affairs; and may take, receive, and hold, all the estate and property, real and personal, that may by any person or by any court be granted, committed, transferred, delivered, or conveyed to it, with its consent, upon any trust at any time; and the corporation may administer, fulfil and discharge the duties of the trust.
The corporation shall make no charge, and shall not accept or receive any remuneration or compensation, for discharging any duties undertaken by, or charged on, it as provided in subsection (1), except for out-of-pocket expenses thereby incurred by it.
Subject to subsection (2), any surrogate court or other court in the province having jurisdiction over the estates and wills of a deceased person, or over the estate and persons of minors, persons incapable of managing their own affairs, mentally disabled or disordered persons, or other persons under guardianship, may appoint the corporation, with its consent, as the executor, administrator, administrator de bonis non, or with the will annexed, or as trustee of any trust under any will or deed or otherwise, or of the estate of any deceased person, or as guardian, or as litigation guardian, of the person or estate of any minor, or as committee for any mentally disabled or disordered person, in all cases where, under the laws of the province, the court could lawfully appoint any natural person as executor, administrator, trustee, guardian, or committee.
Where the corporation is appointed as provided in subsection (1), it shall give a bond to a judge of the court for double the amount of the sworn value of the trust property or of the value of the property to be administered by it under the appointment, together with such sureties as may be required by the judge, conditioned for the due collecting, getting in, administering, distributing, and accounting for, the trust property or the property to be administered by it under the appointment; and the bond shall be in such form as the judge by order directs.
The corporation may invest such money as comes into its possession or control, in any securities in which a trustee is authorized to invest trust funds under The Trustee Act, and may advance money to protect any estate, trust, or property entrusted to it, and may charge lawful interest upon any such advance.
The corporation may for its purposes
(a) borrow money upon the credit of the corporation;
(b) make, draw, accept, endorse or become party to promissory notes and bills of exchange;
(c) mortgage, hypothecate, or pledge the real or personal property of the corporation, or both, to secure any money borrowed for the purposes of the corporation.
The corporation shall furnish all statements and make all reports required by The Corporations Act and shall at all times, whenever required by the Lieutenant Governor in Council so to do, render an account in writing of its property and affairs to the member of the Executive Council charged with the administration of The Corporations Act.
NOTE: This Act replaces S.M. 1952 (1st sess.), c. 83.