|This is an unofficial archived version of The Anglican Church of Canada Temporally Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 4
The Anglican Church of Canada Temporalty Act
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WHEREAS certain persons, by their petition, prayed that an Act respecting the temporalty of The Anglican Church of Canada should be enacted;
AND WHEREAS their prayer was granted and resulted in the enactment of The Anglican Church of Canada Temporalty Act assented to May, 11, 1965;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French and re-enacted 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:
In this Act,
"church" means The Anglican Church of Canada; (« église »)
"corporation" means a corporation incorporated under this Act or under any of the following Acts, now repealed:
(a) An Act to amend The Acts Incorporating the Bishop of the Church of England Diocese of Rupert's Land and Certain other Corporations connected with the said Church and for Certain other Purposes, being chapter 46 of the Statutes of Manitoba, 1882;
(b) The Church of England Temporalities Act, being chapter 109 of the Statutes of Manitoba, 1925;
(c) An Act to amend The Church of England Temporalities Act, being chapter 95 of the Statutes of Manitoba, 1936. (« corporation »)
"incumbent" means the person who is licensed, instituted and inducted by the bishop of any diocese which is in whole or in part within Manitoba, for the cure of souls in any parish or mission; (« titulaire »)
"mission" means a territory, district or unorganized congregation within the province that has been established as a mission by the bishop of the diocese within which it is situated; (« mission »)
"parish" means a territory or district within the province that has been erected, formed or established and organized in accordance with the constitution and canons of the synod of the diocese within which it is situated, and placed in the charge of an incumbent. (« paroisse »)
The incumbent and churchwardens of each parish and of each mission in Manitoba erected, formed or established and organized in accordance with the constitution and canons of the synod of the diocese within which such parish is situate, are constituted a corporation under the name "The Anglican Church of Canada, Parish (or Mission) of within the Diocese of " giving the particular name of the parish or mission and the name of the diocese in which it is situated.
Each corporation shall have perpetual succession and a common seal and may sue and be sued, contract and be contracted with, in and by its corporate name as in the case of any other corporation.
Property owned or acquired by a corporation may be held or acquired in the name of that corporation or otherwise as the bishop of the diocese in which such corporation is situated may authorize.
In addition to the powers vested in a corporation under The Interpretation Act and any other Act of the Legislature, each corporation may, for ecclesiastical, educational and eleemosynary uses,
(a) purchase, acquire, accept, receive by way of purchase, grant, donation, gift, devise, bequest or otherwise, and own, hold, control, receive income from, improve, develop, manage, administer, and, subject to section 6, sell, assign, transfer, exchange, lease, let, turn to account or otherwise dispose of or deal with property of every kind and description, whether real or personal, and wheresoever situated;
(b) borrow from any bank or from any person such sums of money as may be required for the purposes of the corporation and give promissory notes or other evidence of debt in connection therewith, and if deemed necessary or expedient, and subject to prior written approval of the bishop of the diocese in which the corporation is situated, assign, mortgage, or pledge any of its properties or assets to secure the repayment of any money borrowed;
(c) invest and reinvest all funds and moneys of that corporation in securities in which trustees are by law entitled to invest.
A corporation shall be subject to such canons, by-laws, rules and regulations respecting, acquiring, selling, assigning, transferring, exchanging, mortgaging, leasing and managing real and personal property as the synod of the diocese within which such corporation is situated may from time to time enact.
Whenever a parish or mission shall have ceased to exist as such, through the dispersal of the members of the said parish or mission, or from any other cause, and there is no incumbent and churchwardens, the bishop of the diocese in which the parish or mission is situated and the secretary of the synod of that diocese may issue a certificate of dissolution to the effect that said parish or mission has ceased to exist, and thereupon all property and assets, both real and personal, owned, possessed or held by or on behalf of the said parish or mission, wherever situated, if any, remaining after paying and discharging all debts and liabilities of the corporation, shall be vested in the synod of the diocese, and the synod may hold, use, or dispose of the same, as said synod deems advisable.
Upon the filing of a certificate of dissolution, together with the production of a duplicate certificate of title issued to the parish or mission so certified to have ceased to exist, and upon payment of the usual fees in respect of a transmission of title, a district registrar shall cancel the certificate of title and shall issue a new certificate of title to the synod of the diocese in which the parish or mission is situated; but a district registrar may dispense with the production of a duplicate certificate of title upon being satisfied that it has been lost or destroyed and has not been deposited by way of lien or as security for a loan or debt.
Any deed, transfer, assignment, mortgage, lease, or other instrument affecting property, whether real or personal, which has become vested in the synod of a diocese by virtue of section 7, shall be deemed to be duly executed for that purpose if the same has affixed thereto the seal of the diocese verified by the signature of the bishop of such diocese, or his commissary, duly appointed.
Upon request of the member of the Executive Council charged with the administration of The Corporations Act, the secretary of the synod of each diocese, all or part of which is within Manitoba, shall file with the said member a statement setting out in respect of each corporation
(a) its name;
(b) the address of its office; and
(c) the names of its chief officers;
and also setting out particulars of any corporation that has been dissolved in the next previous year.
In any deed, will, instrument, and document in the Province of Manitoba, a reference to "the Anglican Church", or "The Anglican Church of Canada" shall mean the church in any diocese the boundaries of which are contained in whole or in part with Manitoba, unless a different construction is to be gathered from the deed, will, instrument or document.
All the property whatsoever belonging to the church in Manitoba, subject to the conditions and uses for which it was given or obtained, shall be held in connection with the diocese in which the property is situated.
Where in any Act of the Legislature or in any transfer, deed, will, assignment, instrument, document, or other writing there is a reference to: "The Church of England", or "The Church of England in Canada", that reference shall, be deemed to apply to and to mean The Anglican Church of Canada.
NOTE: This Act replaces S.M. 1965, c. 110.