as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 113
The Missionary Oblate Sisters of St. Boniface Incorporation Act
WHEREAS there existed at Saint Boniface, Manitoba, a community of religious women associated together under the name of Les Missionnaires Oblates de Saint Boniface, whose object was the instruction of youth and the practice of the works of Christian charity;
AND WHEREAS the persons hereinafter named, by their petition, prayed that the community should be incorporated: The Reverend Sisters Marie Ida Lafricain, Lady Superior, Marie Catherine Alma Laurendeau, Marie Parmelia Comeau, Marie Amanda Laberge and Marie Georgina Bedard;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to Incorporate "Les Missionaires Oblates de Saint Boniface, assented to March 10, 1909;
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 Missionary Oblate Sisters of St. Boniface (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 such persons as may hereafter become members of the corporation.
The objects of the corporation are to maintain its present community, convent or residence at St. Boniface, and to organize, establish and maintain other convents, residences or houses for the purposes above mentioned, in any part of the Province of Manitoba.
The temporal affairs of the corporation shall be directed, administered and represented by a council of five sisters of the corporation, composed of the superior for the time being and four other sisters chosen and named by the superior from time to time, which council shall have full power to devise, frame, establish and adopt such by-laws, constitutions, rules and regulations as they shall deem useful and necessary for the benefit of education, the practice of Christian charity, the conduct and government of the corporation, and for the superintendence and management of all real and personal estate belonging to the corporation.
The quorum of the council shall be composed of three members of the council.
The members of the council may pass and adopt by-laws, constitutions, rules and regulations providing for the election of superior and the officers of the corporation, for defining their duties, for the election of their successors, for the admission and retirement of the members of the council and of the corporation, for the 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. The by-laws, rules, regulations and constitutions of the corporation shall be entered in a book, and a copy of the same, certified by the superior or secretary to be a true copy, and under the seal of the corporation, shall be deemed authentic and be received as prima facie evidence in any court of justice without the proof of the seal or signature, unless it be specially pleaded or alleged that the seal or signature has been forged.
The corporation shall have the power to acquire, have, take, hold, enjoy and possess for the objects of the corporation, whether by purchase, exchange, demise, gift, bequest, donation causa mortis, will or otherwise, and whether directly or through trustees, all land, property, moveable and immoveable, real or personal, which may be hereafter sold, ceded, exchanged, given, bequeathed, devised or granted to the corporation, and to sell, alienate, convey, mortgage or lease the same, if need be.
The annual rental value of the real estate held by, or in trust for, the corporation, excepting such property as is necessary for the actual carrying on of the work of the corporation shall not exceed $10,000.
The corporation 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 corporation, Provincial or Government of Canada stocks or other securities whatever, and for the purposes of such investments may take mortgages or other assignments thereof, and may sell, assign, transfer and discharge such mortgages, either in whole or in part, and if a loan is wanted the council of the corporation may obtain such loan or advance of money in the name of the corporation by way of promissory notes, mortgages or otherwise as the council may determine.
It shall and may be lawful for any person or corporation to grant, assign, transfer and convey by good and sufficient deeds and instruments to the corporation any and all real or personal estate now or hereafter acquired or held for the use and benefit of the corporation, whether a trust of the same shall have been declared or not. Any such grant, assignment, transfer or conveyance may be for nominal consideration and shall be duly filed or registered, as the case may require, in accordance with the laws of the Province.
At all times the council of the corporation shall, when required 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. 1909, c. 94.