REPEALED
Date: June 16, 2011

R.S.M. 1990, c. 106

The Mennonite Educational Society of Manitoba Incorporation Act

Table of contents

WHEREAS the persons hereinafter named, who were by religious belief and conviction of the Mennonite faith, had been associated together in an unincorporated body for the purpose of providing an education for their children and, by their petition, prayed that the said unincorporated body should be incorporated:  Ernest Enns, Karl Fast, Rev. Isaak Klassen, David Rempel, Henry Riediger, Gerhard "H" Peters, Paul Neustaedter, Rev. Jacob Wiebe, all of The City of Winnipeg, in Manitoba, Rev. Jacob Warkentin, of the Rural Municipality of St. Francois Xavier in Manitoba, Theodor Schroeder, of the Rural Municipality of Ritchot in Manitoba, Abram Vogt, of the Town of Steinbach in Manitoba, and August Dyck, of the Rural Municipality of Cartier in Manitoba;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate The Mennonite Educational Society of Manitoba, assented to March 26, 1960;

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:

Continuation

1

The Mennonite Educational Society of Manitoba (hereinafter referred to as "the society") 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 become members.

Purpose and object

2(1)

The purpose and object of the society is to maintain a school or schools for the daily instruction of children in accordance with the laws of Manitoba and in addition to provide instruction in the Mennonite faith, history and traditions, and in German as a second language.

No pecuniary gain

2(2)

The purpose and object set out in subsection (1) shall not be pursued for the purpose of pecuniary gain to the society or its members.

General powers

3

The society may carry on, operate, and maintain a school or schools.

Powers respecting property and funds

4

The society may, subject to this Act and The Corporations Act,

(a) acquire, hold, improve, alienate, convey, hypothecate, mortgage, or otherwise deal with, real or personal property required for carrying on the purposes or affairs of the society;

(b) invest and deal with moneys of the society not immediately required for the purpose and affairs of the society in such manner as it may determine;

(c) hold, alienate, sell, or otherwise deal with any real or personal property that has been bona fide mortgaged to the society by way of security for, or conveyed to it in satisfaction of, debts previously contracted in the course of its affairs or purchased at judicial sales upon levy for any such indebtedness, or otherwise purchased for the purpose of avoiding a loss to the society or otherwise obtained by the society by way of gift or donation.

Power to borrow

5

The society may borrow money either upon mortgage, upon movable or immovable property, or upon real or personal property, or upon promissory notes.

Members

6

Any person who is a member of a Mennonite church belonging to the General Conference of Mennonite Churches of North America or the Conference of Mennonites in Canada, or any person whose beliefs are similar, and who is 18 years of age, may apply to the board for membership in the society.

Fees

7

The membership fee is $50. for the first year and $5. for each year thereafter or such sum as the society may from time to time determine.

Administration

8

The entire administration, management, control, and custody of the affairs, property and funds and general policy and the right to decide who may become a member of the society is vested in a board of directors of 12 members (hereinafter referred to as "the board").

Election of board members

9

A person in order to be eligible for election to the board

(a) shall be at least 21 years of age;

(b) shall be a member of a Mennonite church belonging to General Conference of Mennonite Churches of North America or the Conference of Mennonites in Canada;

(c) shall be a member of the society.

Meetings

10(1)

The society shall meet as often as the board deems necessary and shall hold one regular meeting in the month of January in each year, the exact time and place of which shall be set by the board.

Voting

10(2)

All members in attendance at a meeting of the society are eligible to vote.

Tuition fees

11(1)

Tuition fees shall be set by the board as it deems necessary and advisable.

Other funds

11(2)

The board may raise funds by way of signed pledges made by the members, special donations, church offerings, funds drives, voluntary contributions, and other means consistent with the basis and character of the society.

Liability of members or officers

12

No member or officer of the society is liable for any of the debts thereof beyond a sum equal to the amount of his unpaid levies, subscription, assessments, or donations; and every member and officer of the society who is not in arrears under the rules, by-laws, and regulations, for such unpaid levies, subscriptions, assessments or donations, or otherwise, is free from liability for any debt or engagement of, or on account of, the society.

Vesting of properties

13(1)

As of March 26, 1960, all the lands, estates, and properties, whether real, personal or mixed, and all effects, rights, credits, choses-in-actions, and causes of action of every nature and description belonging to, or standing in the name of, or existing in, the trustees of the unincorporated body to which reference is made in the preamble were vested in the society without further Act, conveyance or other deed to and for the use and benefit absolutely of the society, its successor and assigns; and, subject to the payment to the district registrar of fees equivalent to the fees payable on a transfer of any such lands to the society, the society may exercise all the powers, right, and privileges over or in respect of them or any of them that the trustees of the unincorporated body have or had or could or might have exercised, and those trustees shall execute all transfers, deeds, or other such conveyances that may be required to vest, transfer, or convey those lands, effects, estates, property, rights, credits, choses-in-action or causes of action, in or to the society.

Assumption of liabilities

13(2)

As of March 6, 1960, the society assumed, and became liable for all the debts, liabilities, and charges of or against the unincorporated body to which reference is made in the preamble, or of, against, or incurred by the trustees of the unincorporated body on behalf of the unincorporated body.

NOTE:  This Act replaces S.M. 1960, c. 106.