|This is an unofficial archived version of The St. Boniface General Hospital Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 167
The St. Boniface General Hospital Incorporation Act
|Table of Contents|
WHEREAS there existed in the Province of Manitoba a charitable order known as The Sisters of Charity of Montreal, or more commonly known as The Grey Nuns, and the order for many years owned and operated a general hospital and nurses training school at St. Boniface in Manitoba under the corporate name Les Soeurs de la Charité de l'Hôpital Général de St. Boniface;
AND WHEREAS a petition was presented praying that some members of the order at St. Boniface should be incorporated under the name St. Boniface General Hospital;
AND WHEREAS that prayer was granted, and resulted in the enactment of An Act to incorporate St. Boniface General Hospital, assented to March 26, 1960;
AND WHEREAS the first members of the corporation included the following persons: Cécile Maurice, Therese Boulet, Mary Thille, and Rose Veilleux, all of The City of St. Boniface, in the Province of Manitoba;
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:
St. Boniface General Hospital (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who were members of the corporation on the coming into force of this Act and such other persons as are members of the said order and are admitted as members of the corporation, in accordance with the by-laws thereof from time to time in force.
The purposes of the corporation are the establishment, management and maintenance of the institution at St. Boniface, Manitoba, known as The St. Boniface General Hospital, the teaching and training of nurses and teachers and other works of charity and mercy, and the continuance of the work carried on prior to March 26, 1960 at The St. Boniface General Hospital by Les Soeurs de la Charité de l'Hôpital Général de St. Boniface, commonly known as The Grey Nuns of Montreal.
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
(a) subject to subsections (2) and (3), acquire by gift, devise, purchase, exchange, lease, or otherwise, real or personal property of any and every nature and kind whatsoever, and possess, hold and enjoy it as owner;
(b) sell, mortgage, lease, exchange, or otherwise deal with or dispose of its real and personal property or any portion of either and with the proceeds thereof, and subject to subsections (2) and (3), acquire other real and personal property to such extent as may be deemed advisable or desirable, and make and execute all necessary and proper conveyances, transfers, or other instruments for carrying the transactions into effect;
(c) invest all or any sums of money belonging to the corporation in any property or security whatsoever for the use and purpose of the corporation;
(d) subject to subsection (4), acquire, take possession of, and hold, as the corporation may deem proper, all such property, whether real, personal or mixed as may at any time be mortgaged, hypothecated, or pledged to the corporation by way of security or conveyed to it in satisfaction of obligations or debts due or owing to it from any person, firm, or corporation;
(e) borrow from any person, firm, or corporation such sums of money as may be found necessary for the purposes of the corporation, and secure any loan to the lender by bonds, debentures, bills of exchange, promissory notes, mortgages, or any other instruments that may be required or deemed necessary or advisable by the lender;
(f) acquire by gift, purchase or otherwise, or build, erect, and enlarge, and manage and conduct all such hospitals, halls, houses, and other buildings as may be found or deemed necessary or convenient for carrying on the objects of the corporation, and do all such things as may be deemed necessary to attain all such objects;
(g) fix, charge, and collect fees for any services rendered by the corporation and for the board and lodging of students and patients;
(h) make and enter into treaties, contracts, and arrangements for affiliating with the corporation any other corporation having similar objects.
The corporation shall not acquire or hold as purchaser any land except for the actual use and occupation of the corporation or for the purposes of the corporation, or exceeding in the whole at any time the annual value of $10,000.
The lands, tenements, or hereditaments acquired by gift or devise and not required for the purpose of the corporation, the annual value of which, together with the other land of the corporation, exceeds $10,000., shall not be held by the corporation for a period longer than seven years; and within that period, any such lands shall be absolutely disposed of by the corporation; and in case of failure to dispose of the lands within seven years the lands shall be forfeited to the Crown in right of the province.
Any real estate acquired in satisfaction of any debts due to itself and not required for the actual use and occupation of the corporation or a branch thereof, or for the purposes of the corporation, the annual value of which together with the other lands of the corporation exceeds $10,000. shall be sold by the corporation within seven years after the acquisition thereof, otherwise the real estate shall be forfeited to the Crown in right of the province.
The revenues, issues, and profits of all property held by the corporation shall be applied to the maintenance of its members and of the institutions carried on by it, to the construction and repair of buildings and the acquisition of property requisite for its purposes and to the promotion of works of charity and benevolence.
The head office of the corporation shall be at The City of Winnipeg, in the Province of Manitoba, or such other place as may be determined by by-law.
The corporation may establish and maintain branches and in connection therewith may appoint subordinate officers with such powers and tenure of office as may be deemed advisable.
The corporation may make by-laws, rules, orders, and regulations for the government and proper administration of the property, affairs, and interest of the corporation and repeal and amend them, including by-laws, rules, orders, and regulations for the determination, election, or appointment of officers, the enforcement of discipline and the admission and retirement of members, the appointment, deposition or removal of any person as a member of the corporation or bearing office therein, and generally for the internal government of affairs of the corporation.
The rules and regulations of the said order, with such modifications as the circumstances require, and as changed by by-law, are the rules and regulations of the corporation.
The corporation may appoint one or more attorneys for the transaction of its business.
All transfers, deeds of sale, leases, mortgages, and other documents shall be executed with the seal of the corporation, attested by the signatures or signature of its officers or directors in accordance with the provisions of the by-laws of the corporation in that behalf.
The corporation may operate any industry that may help to maintain its institutions, and may bargain and sell the products thereof in accordance with the laws of the province.
Upon presentation to the district registrar of the Winnipeg land titles district of any transfer or other instrument whereby any land or interest in land situated in the Winnipeg land titles district is being transferred from Les Soeurs de la Charité de l'Hôpital Général de St. Boniface to the corporation, the district registrar may, without fee or charge therefor, do all things necessary to vest such land or interest therein in the name of the corporation subject to all such encumbrances or charges as may be registered against the title thereof.
The corporation shall at all times, when called upon to do so by the Lieutenant Governor in Council, render an account of its property and affairs.
NOTE: This Act replaces S.M. 1960, c. 109.