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R.S.M. 1990, c. 134
Les Petites Missionnaires de Saint-Joseph Incorporation Act
WHEREAS from the year 1925 there existed at Otterburne, Manitoba, a religious order or association of women of the Roman Catholic faith which was in possession of its canonical status and was known under the name of Les Petites Missionnaires de Saint-Joseph and among whose objects were the instruction of youth, the visitation and care of the sick, the conducting of hospitals, sanitoria and other institutions devoted to the maintenance, care and healing of sick, aged, infirm or homeless persons and orphans and neglected children, and the practice of other works of piety, charity and mercy;
AND WHEREAS the order or association, through the officers and members hereinafter named, by their petition, prayed that Les Petites Missionnaires de Saint-Joseph should be incorporated: Helene Gareau (Mother Therese de l'Enfant-Jesus) Superior General; Cecile Lemire (Mother Joseph-Viateur) Assistant-General; Evangeline Quenneville (Mother Joseph-Henri) councillor; Stephanie Babin (Mother Therese de Lisieux) secretary; Marie-Rose Adam (Mother Joseph-Calasanz) bursar general;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to Incorporate "Les Petites Missionnaires de Saint-Joseph", assented to December 17, 1940;
AND WHEREAS the Minister of Justice has caused this 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 Petites Missionnaires de Saint-Joseph (hereinafter referred to as "the corporation") is continued a corporation consisting of those persons who are members on the coming into force of this Act and such other persons who become members of such order or association.
Three members of the corporation, namely, the superior, the assistant superior and the secretary, shall form the council of the corporation, and the council may for and on behalf of the corporation, if deemed expedient, from time to time make by-laws not contrary to law for
(a) the administration, management and control of the property, undertakings, business and other temporal affairs of the corporation;
(b) the appointment, term of office, functions, duties and remuneration of all members, officers, agents and servants of the corporation and their successors;
(c) the admission of members to and their dismissal from the corporation;
(d) generally for the carrying out of the objects and purposes of the corporation.
The corporation may purchase, take, have, hold, receive, possess, retain and enjoy the property, real or personal, corporeal or incorporeal whatsoever, and for any and every estate or interest therein whatsoever given, granted, devised or bequeathed to it, or appropriated, purchased, or acquired by it in any manner or way whatsoever, to, for or in favor of the uses and purposes of the corporation, or to, for or in favor of any religious, educational, eleemosynary, or other institution established or intended to be established by, under the management of, or in connection with the uses or purposes of the corporation.
The corporation may also sell, convey, exchange, alienate, mortgage, lease or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the corporation or not, and may also from time to time invest all or any of its funds or money and all or any funds or money invested in or acquired by it for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec, or charge upon real or personal property; and for the purposes of such investment may take, receive and accept mortgages or assignments thereof, whether made or executed directly to the corporation, or to any corporation, body, company or person in trust for it, and may sell, grant, assign or transfer such mortgages or assignments either wholly or in part.
Any deed, transfer, mortgage, charge or other instrument relating to or dealing with real estate or any interest therein in the corporation shall be deemed to be and shall be duly executed and shall be sufficient for the purposes for which it is intended, if there are affixed thereto the seal of the corporation and the signature of two members of the council of the corporation.
The corporation may from time to time for its purposes
(a) borrow money upon the credit of the corporation;
(b) limit or increase the amount to be borrowed;
(c) make, draw, accept, endorse, or become party to promissory notes drawn, accepted or endorsed by the corporation and countersigned by the proper party thereto authorized by the said by-laws, shall be binding upon the corporation and be presumed to have been made, drawn, accepted or endorsed with the proper authority until the contrary is shown, and it shall not be necessary in any case to have the seal affixed to any such bill or note;
(d) mortgage, hypothecate, or pledge the real or personal property of the corporation, or both, to secure any money borrowed for the purposes of the corporation.
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 $15,000.
The corporation shall have full power and authority in any manner not contrary to law
(a) to acquire, establish, erect, equip, maintain and conduct hospitals, sanitoria, and other institutions devoted to the maintenance, care and healing of sick, aged, infirm and homeless persons and orphans and neglected children;
(b) to establish and conduct and teach in institutions for educational purposes;
(c) to carry on such exercises and works of piety, mercy and charity as may be determined by the council of the corporation;
(d) to establish and maintain in any place within the Province of Manitoba, convents, novitiates, branches or establishments of the order or association, and to nominate and appoint managers of the same;
(e) to appoint officers, administrators and attorneys and to define their powers and to nominate an attorney or attorneys not being members of the corporation;
(f) to erect in connection with or adjacent to its convent or convents, chapels to which the general public may be admitted;
(g) to establish a vault or cemetery on the property of any of its convents for the purpose of deposing therein the remains of its deceased members, provided such burial places are established and maintained in accordance with the provisions of the by-laws of any municipality in which they may be situated and in accordance with the laws and regulations governing the burial of the dead in this province;
(h) generally to exercise all such powers as are necessary for the carrying out of the objects and purposes of the corporation.
The corporation shall at all times whenever required by the Lieutenant Governor in Council so to do render an account in writing of its property and affairs to the member of the Executive Council charged with the administration of The Corporations Act.
Part XVI of The Corporations Act shall not apply to the corporation and it shall be deemed to be a corporation created solely for religious purposes.
NOTE: This Act replaces S.M. 1940 (2nd sess.), c. 57.