|This is an unofficial archived version of Les Cisterciens Reformes Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 32
Les Cisterciens Reformes Incorporation Act
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WHEREAS for a certain number of years, there existed, at St. Norbert, in the Province of Manitoba, a certain number of men associated together in a religious association called Les Cisterciens Reformes, and commonly known as Trappists;
AND WHEREAS the said men, by their petition, prayed that Les Cisterciens Reformes should be incorporated: The Reverend Fathers Jean Baptiste Gaudin, Marie Louis de Bourmont, Marie Paul Pelletier, Marie Pie Barriquant, Marie Joseph Levardois;
AND WHEREAS their prayer was granted and resulted in the enactment of An Act to incorporate "Les Cisterciens Reformes", assented to February 26, 1908;
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:
Les Cisterciens Reformes (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as may become members of the said religious association.
The object of the corporation is to maintain the monastery at St. Norbert, and the corporation may establish and maintain other monasteries in the Province of Manitoba, and each monastery shall be called "Les Cisterciens Reformes of the Monastery of ..................." (giving local title of the monastery).
The corporation, from time to time, and on behalf of its monasteries, may possess, have, receive, acquire by purchase, gift, devise or otherwise, such lands, moneys, mortgages, securities or property as are required and as may be necessary and useful for the uses and purposes of the said corporation, but the amount of land which may be so acquired and held in possession by the corporation shall at no time exceed 3,000 acres for each of its monasteries.
The members of the corporation shall have power to organize, establish and maintain, in connection with each monastery, experimental and other farms, schools of agriculture, butter and cheese factories, and any other branch of farming, including horticulture, arboriculture, apiculture and stock raising, and to carry on any other business which may be conveniently carried on in connection with the above, or calculated to enhance the development and the maintenance of the various works of the said corporation.
The corporation, for its respective monasteries, shall have power to sell, exchange, mortgage, lease or demise any real property, dispose of the same, and acquire others in their stead for the same purposes, and shall have power from time to time to invest any of its money upon mortgage security of real estate and in debentures of municipal or school corporations, Provincial or Federal stocks, or other securities whatever, and, for the purposes of such investments, may take mortgages or assignments thereof, and may sell, assign, transfer and discharge such mortgages either in whole or in part, and, if a temporary loan is wanted, the council or the board of each monastery may obtain such loan or advance of money, for the purposes for which it is incorporated, by way of promissory notes or otherwise as the council of such monastery may determine. All moneys to be paid or handed over to the corporation, in relation to any monastery, shall be paid to the corporation through the superior of said monastery or to the person he appoints.
There shall be a board of directors of the corporation, of whom three shall be a quorum, and this shall be followed in the future in the administration of each of the monasteries of the corporation to be erected in Manitoba. The council or board of administration of each of the monasteries shall be composed of five persons, for that purpose elected, and the superior and secretary of the board of the monastery concerned shall be members of said council.
Any monastery which may hereafter be established under the authority of the said corporation, and which may be desirous of becoming incorporated, shall and may, by a resolution approved by a vote of at least two-thirds of the members present at any regular meeting, resolve to become so incorporated, and upon evidence by statutory declaration being filed with the member of the Executive Council charged with the administration of The Corporations Act, showing that such monastery is a monastery of the said corporation, and that such resolution has been passed, and upon filing therewith a copy of its constitution or by-laws, if any, and, if there be no constitution or by-laws, evidence of the fact, and a certificate of the Roman Catholic Archbishop of St. Boniface that such monastery is in good standing in the order, the members of such monastery, whose names may be included in such resolution aforesaid, and their associates and successors, members of such monastery, shall be and become, from the time of issuing by the member of the Executive Council charged with the administration of The Corporations Act of his certificate hereinafter provided for, a body politic and corporate as aforesaid, by the style or name of "Les Cisterciens Reformes of the Monastery of ---" and as such shall have perpetual succession and a common seal, with power to change or alter the said seal by by-law to that effect, approved according to such regulations as may be in force under any rule, regulation or by-law of such corporation.
Any monastery which shall seek to become incorporated under this Act, or shall seek to become a body politic and corporate entitled to the powers, rights, immunities or privileges hereof, shall be entitled, upon production and filing of the proofs, documents and certificates aforesaid, to receive a certificate of incorporation under the provisions hereof, under the hand of the member of the Executive Council charged with the administration of The Corporations Act, in such form as may be deemed suitable, and such certificate shall e final and conclusive evidence of such monastery being a corporation under this Act.
The domicile and head office for the time being shall be at the Monastery of Notre Dame des Prairies, in the Parish of St. Norbert. When other monasteries shall have been established, each monastery shall have its power of administration under the provisions of this Act.
Under the said name the members of the council of each monastery, for the time being, may frame and adopt a constitution and by-laws and regulations for the management of the property, affairs and interests of said corporation, and shall also have power and may enact by-laws and regulations for enforcing discipline in the various monasteries, and for the admission and retirement of members, the appointment, deposition, deprivation or removal of any person as a member of the corporation, or bearing office therein, and for the internal government of the affairs of the corporation. Said rules and regulations shall be entered in a book and evidenced by the signature of the superior and the seal of the corporation.
At all times, when required, the council or board of any monastery shall, when called upon so to do by the Lieutenant Governor in Council, render an account in writing of their property and affairs to the member of the Executive Council charged with the administration of The Corporations Act.
NOTE: This Act replaces S.M. 1908, c. 75.