This is an unofficial archived version of The Royal Canadian Legion Lands Act
as enacted by SM 1990-91, c. 1 on November 14, 1990.
 

---

R.S.M. 1990, c. 156

The Royal Canadian Legion Lands Act

Table of contents

WHEREAS The Canadian Legion of the British Empire Service League (hereinafter called "the Legion") was incorporated by an Act of the Parliament of Canada, being chapter 84 of the Statutes of Canada, 1948;

AND WHEREAS the Legion is composed of a number of constituent or subordinate branches, each of which is a separate entity, and also of a number of commands among which is The Manitoba and Northwestern Ontario Command, which includes all of the Province of Manitoba;

AND WHEREAS, by the act of incorporation of the Legion, commands and branches thereof may hold, possess, or acquire, by purchase, lease, exchange, donation, devise, bequest, endowment, or otherwise, any real or personal property necessary or useful for the carrying out of its purposes and objects, and, subject to certain conditions, may hypothecate, mortgage, pledge, lease, sell, convey or otherwise dispose of such property in any manner;

AND WHEREAS The Manitoba and Northwestern Ontario Command of the Legion, by its petition, prayed that an Act be passed for the purpose of regulating in Manitoba the holding of real property by the said Command and branches within Manitoba;

AND WHEREAS its prayer was granted, and resulted in the enactment of An Act respecting the Holding of Real Property in Manitoba by The Manitoba and Northwestern Ontario Command and Branches of The Canadian Legion of the British Empire Service League, assented to April 22, 1950;

AND WHEREAS by an Act of the Parliament of Canada, being chapter 72 of the Statutes of Canada, 1959, the name of The Canadian Legion of the British Empire Service League was changed to The Canadian Legion;

AND WHEREAS by an Act of the Parliament of Canada, being chapter 83 of the Statutes of Canada, 1960-61, the name of The Canadian Legion was changed to The Royal Canadian Legion;

AND WHEREAS the Minister of Justice has caused An Act respecting the Holding of Real Property in Manitoba by the Manitoba and Northwestern Ontario Command and Branches of The Royal Canadian Legion 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:

Right of Command and branches to hold real property

1(1)

The Manitoba and Northwestern Ontario Command of The Royal Canadian Legion (hereinafter called "the Command"), and every branch of the Legion within Manitoba may hold, possess, or acquire, by purchase, lease, exchange, donation, devise, bequest, endowment, or otherwise, any real property necessary or useful for the carrying out of its purposes and objects, and subject to subsection (2), may hypothecate, mortgage, pledge, lease, sell, convey or otherwise dispose of such property in any manner.

Consent of Command for disposition of real property

1(2)

No branch may without consent in writing of the Command, hypothecate, mortgage, pledge, lease, sell, convey or otherwise dispose of its real property except in the ordinary and usual course of its activities.

Registration of title to real property

2

The real property of the Command or of any branch of the Legion in Manitoba may be registered in the proper land titles office in the name of the Command or branch.

Official name of Command and branches

3

The name of the Command shall be as set out in section 1; and the name of each regularly constituted branch shall be as follows:

"                                Branch No.      of The Royal Canadian Legion" (the particular name chosen for the branch to be inserted immediately before the word "Branch").

Official Seal

4

The Command and every branch shall have an official seal of such design as may be determined by the Dominion Command of the Legion.

Execution of instruments

5

All deeds, bonds, mortgages, transfers, assurances, conveyances, contracts, and other instruments with respect to real property owned by the Command or a branch, shall be executed under the seal of the Command or branch attested by the signatures of the president of the Command or branch and its secretary for the time being, without personal liability on the part of the signatories or of any member of such Command or branch, except as such may be therein specially provided.

Certificate of chartering

6

The president and the secretary, for the time being, of the Command may file in any land titles office within Manitoba a certificate, duly signed by each of them under the seal of the Command, that the Command or any branch of the Legion within Manitoba has been chartered as a Command or branch of the Legion and is in good standing; and thereupon the Command or branch shall have and be entitled to all the rights, powers, and privileges, as are herein conferred upon the Command or any branch of the Legion.

Method of disposal of real property

7(1)

The real property of the Command or of any branch of the Legion shall not be sold, leased, mortgaged, pledged, hypothecated, or otherwise alienated, in any manner whatsoever unless it is so resolved by a two-thirds majority vote of the members of the Command Council or of the members of the branch, as the case may be, in good standing, present and voting, at a special or regular general meeting of the Command Council of the Command or the members of the branch, for which notice of the resolution has been given to all members of the Command Council or the members of the branch in good standing, by mailing a notice to each member at his last known address, not less than 10 days prior to such meeting.

Certificate of secretary required

7(2)

The real property of the Command or of any branch of the Legion shall not be sold, leased, mortgaged, pledged, hypothecated, or otherwise alienated, in any manner whatsoever unless it is accompanied by a certificate of the secretary of the Provincial Command or of the branch, as the case may be, that the resolution required by subsection (1) has been duly passed.

Certificate of suspension and effect thereof

8(1)

Where, pursuant to the Act of incorporation of the Legion, the charter or powers of any branch of the Legion within Manitoba are suspended or revoked, the president and the secretary, for the time being, of the Command may file in any land titles office within Manitoba, a certificate duly signed by each of them under the seal of the Command, that the branch has been suspended; and thereupon the district registrar of the land titles office in which any real property of the branch is situate shall, upon the filing of a transmission application, cancel the existing certificate or certificates of title in the name of the branch and issue a new certificate or certificates of title for the said real property in the name of the Command.

Vesting of old system land

8(2)

Upon the filing in the land titles office of such certificate of suspension any land owned by a branch under the old system of registration in that land titles office, shall vest in the Command.

Act of incorporation governs

9

Nothing herein contained shall be held to confer or impose upon the Command or any branch any right, power, obligation, or duty, inconsistent with the Act of incorporation of the Legion and the by-laws and rules passed pursuant thereto.

NOTE:  This Act replaces S.M. 1950 (1st sess.), c. 102.