This is an unofficial archived version of The Army, Navy and Airforce Veterans in Canada Landholding Act
as enacted by SM 1990-91, c. 1 on November 14, 1990.
 

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R.S.M. 1990, c. 5

The Army, Navy and Airforce Veterans in Canada Landholding Act

Table of contents

WHEREAS The Army, Navy and Air Force Veterans in Canada (hereinafter referred to as "the association") was incorporated by an Act of the Parliament of Canada, being chapter 70 of the Statutes of Canada, 1917;

AND WHEREAS the association is composed of a number of constituent or suburban units, each of which is a separate entity, and also of a number of commands among which is The Manitoba and Northwestern Ontario Provincial command, which includes all of the Province of Manitoba;

AND WHEREAS by the Act of incorporation of the association, commands and units thereof may take, hold, possess and acquire by purchase, lease, exchange, donation, devise, bequest, endowment or otherwise real or immovable property required for the actual use and occupation of the association, any provincial command of the association or any unit of the association necessary or requisite for carrying out the purposes and objects of the association or any provincial command of the association, or of any unit of the association and may sell, mortgage, pledge, hypothecate or alienate such property in any manner whatsoever;

AND WHEREAS The Army, Navy and Air Force Veterans in Canada, (Manitoba & Northwestern Ontario Provincial Command), by its petition, prayed that an Act be passed for the purpose of regulating in Manitoba the holding of real property by the said command and units within Manitoba;

AND WHEREAS its prayer was granted, and resulted in the enactment of An Act respecting the Holding of Real Property in Manitoba by The Manitoba and Northwestern Ontario Provincial Command of the Army, Navy and Air Force Veterans in Canada and Units of the Army, Navy and Air Force Veterans in Canada, assented to April 16, 1964;

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:

Acquisition of property

1

The Manitoba and Northwestern Ontario Command of The Army, Navy and Air Force Veterans in Canada (hereinafter referred to as "the command") and every unit of the association within Manitoba may hold, possess, or acquire by purchase, lease, exchange, donation, devise, bequest, endowment or otherwise any real property necessary or useful for the carrying out of its purposes and objects and may sell, lease, mortgage, pledge, hypothecate, or alienate such property in any manner.

Name in which land to be registered

2

The real property of the command or of any unit of the association in Manitoba may be registered in the proper land titles office in the name of the command as set out in section 1, or in the name of the unit as hereinafter provided.

Name of unit

3

The name of each regularly constituted unit shall be as follows: "The Army, Navy and Air Force Veterans in Canada" inserting the particular name and number which the unit is designated, after the word "Canada" in the foregoing.

Seals

4

The command and every unit in Manitoba shall have an official seal of such design as may be determined by the Dominion command of the association.

Execution of documents

5

All deeds, bonds, mortgages, transfer, assurances, conveyances, contracts, and other instruments with respect to any of the real property in Manitoba owned by the command or a unit shall be executed under the seal of the command or unit, attested by the signatures of the president of the command or unit and its secretary for the time being, without personal liability on the part of the signatories or of any member of such command or unit, except as such may be therein specifically provided.

Certificate for units

6

A certificate signed by the president and secretary for the time being of the command and under the seal of the command certifying that any unit of the association within Manitoba has been chartered as a unit of the association and is in good standing may be filed in any land titles office in Manitoba, and thereupon the unit shall have and be entitled to all the rights, powers, and privileges as are herein conferred upon the command or unit of the association.

Sale of land

7

The real property of the command or of any unit of the association shall not be sold, leased, mortgaged, pledged, hypothecated, or otherwise alienated in any manner whatsoever unless it is so resolved by a two-thirds vote of the members of the board of the command or of the members of the unit, as the case may be, in good standing present and voting at a special or regular general meeting of the board of the command or of the members of the unit, as the case may be, for which notice of the resolution has been given to all members of the board of the command or of the unit in good standing, as the case may be, in good standing present and voting at a special or regular general meeting of the board of the command or of the members of the unit, as the case may be, by mailing a notice to each such member at his last known address, not less than 10 days prior to such meeting; provided however that such vote shall not be less than the quorum provided by the by-laws of the command or unit.

Suspension of charter or unit

8

Where, pursuant to the Act of incorporation of the association, the charter of any unit of the association within Manitoba is suspended, a certificate signed by the president and secretary, for the time being, of the command and under the seal of the command certifying that the unit has been suspended may be filed in any land titles office in Manitoba and thereupon the district registrar of the land titles office in which any real property of the unit is situate shall, upon the filing of a transmission application cancel the existing certificate or certificates of title in the name of the unit and issue a new certificate or certificates of title for the said real property in the name of the command; and upon the filing in the land titles office of such a certificate of suspension any land owned by a unit under the old system of registration in that land titles office, shall vest in the command.

Saving clause

9

Nothing herein contained shall be held to confer or impose upon the command or any unit, any right, power, obligation, or duty inconsistent with the Act of incorporation of the association and the by-laws and rules passed pursuant thereto.

NOTE:  This Act replaces S.M. 1964 (1st sess.), c. 77.