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as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 85
The Luther Home Incorporation Act
WHEREAS the persons hereinafter named were, together with other persons, members of an unincorporated association known as Luther Home;
AND WHEREAS the persons hereinafter named prayed that the unincorporated association should be incorporated: Edward Hilderman, Matthew Shrofel, Albert Rothenberger, Geoffrey Harman, Maurice Solomon, Rev. Walter T. Weind;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate Luther Home, assented to May 25, 1968;
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:
Luther Home (hereinafter referred to as "the corporation") is continued as a corporation consisting of the persons who are members on the coming into force of this Act and such other persons as may become members.
The head office of the corporation shall be at such place in Manitoba as may be determined from time to time by its board.
The purposes of the corporation are to establish, manage and maintain, in such place in Manitoba as may be determined by the board, an institution or home for the aged and infirm; and to perform other works of charity and mercy in connection therewith.
The corporation has all the powers necessary to do such things as are incidental or conducive to the achievement of its purposes, including, without limiting the generality of the foregoing, the power to acquire by purchase, grant, donation, gift, devise, bequest, or otherwise, and may own, hold, control, receive income from, improve, develop, manage, administer, and subject to any terms, provisions or conditions, attached to any donation or gift of the property by the donor thereof, deal with property of every nature and description, whether real or personal, and wheresoever situate.
The corporation may fix, charge, and collect fees for any services rendered by it and for the board and lodging of patients or students.
Any form of words is sufficient to constitute a donation or gift for the purposes of this Act if the donor indicates an intention to contribute presently or prospectively to the corporation.
The corporation is not obliged to accept any donation, gift, bequest or devise, that it does not wish to accept or that is subject to any term or condition that, in the opinion of the board, is contrary to the objects and purposes of the corporation.
The corporation may from time to time borrow from a chartered bank or from any corporation or person such sum of money as may be required for its purposes and give promissory notes or other evidence of debt in connection therewith and, if deemed necessary or expedient, may assign, mortgage or pledge any of its properties or assets to secure the repayment of any money borrowed.
The corporation may invest or re-invest all of its funds and moneys in any securities or investments in which a trustee may invest moneys under the provisions of The Trustee Act and in particular in mortgages or agreements for sale on the security of real or personal property.
No part of the income or assets of the corporation shall enure to the personal benefit of any member of the corporation by reason only of his membership therein.
By-laws, rules and regulations
The board of the corporation may make such by-laws, rules and regulations as it may deem necessary for the due carrying out of the purposes and objects of the corporation, and may repeal, amend or re-enact any by-law, rule or regulation.
The affairs of the corporation shall be administered by a board consisting of members of the corporation elected or appointed as may be provided in the by-laws, rules and regulations of the board.
Application of The Corporations Act
Except in so far as they may be inconsistent with the provisions of this Act, all provisions of The Corporations Act that apply to a corporation incorporated under Part XXII of The Corporations Act apply to the corporation.
NOTE: This Act replaces S.M. 1968, c. 96.