|This is an unofficial archived version of The Misericordia Sisters of Winnipeg Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 111
The Misericordia Sisters of Winnipeg Incorporation Act
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WHEREAS an association of Religious Ladies existed for a period of years in the Province of Manitoba as a body corporate and politic under the name of the Misericordia Sisters and was first incorporated by chapter 53 of the Statutes of Manitoba, 1899, as amended by chapter 62 of the Statutes of Manitoba, 1907, by chapter 138 of the Statutes of Manitoba, 1912, and by chapter 127 of the Statutes of Manitoba, 1919;
AND WHEREAS the corporation, by its petition, prayed that its Act of incorporation be repealed, and that the Misericordia Sisters should be continued as a corporation;
AND WHEREAS its prayer was granted, and resulted in the enactment of An Act respecting Les Soeurs de Misericorde assented to May 22, 1969;
AND WHEREAS the first members of the corporation were Albina Gosselin, Anna Turgeon, Rachel Roy, Marie Langill, Louise Hudon, Alma Hudon, Béatrice Bordeleau, Émilienne Messier, Rolande Dufault, Lise Trottier, Sister Sainte-Céline (née Albertine Pelland) and Sister Saint-Arthur (née Imelda Hudon) all of The City of Winnipeg, in said province;
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:
The Misericordia Sisters of Winnipeg (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members on the coming into force of this Act and either in substitution therefor or in addition thereto such members of the religious congregation as may from time to time be designated by the Superior General.
The purposes and objects of the corporation shall be of a religious, charitable, philanthropic, educational and scientific nature or the like.
The corporation shall have the following powers, namely:
(a) to carry on any work or undertaking relating to its purposes and objects, including, without limitation, the following:
(i) postulates, novitiates, residences, chapels, houses, convents, monasteries, family institutes and other like institutions,
(ii) hospitals as defined in The Hospitals Act with certain facilities of institutions as defined in The Mental Health Act, schools of nursing, rehabilitation centres, infirmaries, clinics, dispensaries, homes for unmarried mothers and for orphans or foundlings, day nurseries, kindergartens and schools of all kinds for children, recreational centres, playgrounds, summer camps, and teaching and educational establishments generally;
(b) to receive and accept any gift, donation, endowment, devise, bequest, legacy, grant or transfer of real and personal property of any and every nature and kind whatsoever or any interest therein, whether absolute or conditional and wheresoever situate;
(c) to provide for the education, maintenance, support, and discipline of members of the corporation and of persons in its service.
The business and affairs of the corporation shall be managed by a board of three directors who shall be elected by the members of the corporation.
The board of directors may pass, amend and repeal by-laws not contrary to law or to the provisions of this Act to regulate the conduct in all particulars of the business and affairs of the corporation and to its management, including the admission, discipline and removal of members.
The board of directors shall elect or appoint such officers as it may consider necessary or desirable and shall prescribe their duties.
The postulants, novices, juniors or professed sisters of the congregation may engage their activities in the service of the corporation and the conditions thereof established by the corporation shall have effect as long as they remain postulants, novices, juniors and professed sisters of the congregation.
Any member of the corporation may designate herself and be designated for all purposes by the names she bears in religion.
No member of the corporation may demand its dissolution, or claim from it, even on ceasing to be a member thereof, any compensation for work done in the service or for the benefit of the corporation.
The corporation represents its members and may in its name, but for their benefit, exercise and enforce at law their civil rights in respect of real and personal property and take any recourse provided by law in case of the accidental injury of any of its members. The corporation may also for its benefit take any recourse provided by law in case of the accidental death of any of its members.
The head office of the corporation shall be at such place in the said province as may be determined by by-law of the corporation.
A certificate of the Chancellor of the Archdiocese of Winnipeg shall constitute proof for all purposes that a person is a member of the corporation, is a member of its board of directors or holds an office created by the by-laws of the corporation.
NOTE: This Act replaces S.M. 1969 (1st sess.), c. 29.