This is an unofficial archived version of The Salvation Army, Canada West, Property Act
as enacted by SM 1990-91, c. 1 on November 14, 1990.
 

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R.S.M. 1990, c. 177

The Salvation Army, Canada West, Property Act

Table of contents

WHEREAS The Salvation Army, Canada West, Property Act was assented to March 9, 1917;

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS the governing council of the Salvation Army in Canada, now called the governing council of the Salvation Army, Canada East, and the governing council of the Salvation Army, Canada West, have by their petition represented that, since the passing of chapter 111 of the Acts of the Province of Manitoba, 1910, they have obtained from the Parliament of Canada an Act amending An Act incorporating the governing council of the Salvation Army in Canada, and changing the name of the said corporation to "the governing council of the Salvation Army, Canada East", and have also obtained from the said Parliament an Act incorporating "the governing council of the Salvation Army, Canada West", and are desirous of having an Act passed by the Legislature of this Province to vest in the said "the governing council of the Salvation Army, Canada West", all the property in Manitoba held or vested on the eighteenth day of May, 1916, and all the property in Manitoba now held or vested in the governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, or in trust in any person or persons for the said the governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, or for the governing council of the Salvation Army, Canada West, save and except the properties specifically described in section 1 of this Act, and to ratify and confirm any dealings with any such property from and after the said eighteenth day of May, 1916, and to confer upon the said the governing council of the Salvation Army, Canada West, such further powers as may be requisite; and whereas it is expedient to grant the prayer of the said petition,

AND WHEREAS it is considered advisable to continue this Act in the body of Manitoba's laws in its original form without revision;

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:

Certain property transferred from governing council of Salvation Army in Canada East to governing council of Salvation Army in Canada West

1

As soon as this Act shall come into force all the property, real and personal, and all and every interest therein, within the Province of Manitoba, now belonging to or held by the governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, or by any officer or member of such corporation, or by any other person or persons in trust for the purposes and benefits of or to the use of the said corporation, or given to or for the use of the Salvation Army or of the said corporation, or held in trust for or to the use of any corps or branch of the Salvation Army or of the said corporation, or by any person for or under the direction of the said corporation within the said Province, save and except the following properties, namely, all and singular those certain parcels or tracts of land and premises situate, lying and being in the City of Brandon, in the said Province and being comprised of lots 16, 17, 18, 19 and 20, in block 41, as shown on the plan of sub-division and part of section 23, in township 10 and range 19 west of the principal meridian, in Manitoba, on record in the land titles office at Brandon as plan number 2; and all that parcel or tract of land and premises situate, lying and being in the City of Winnipeg, the most easterly 16 1/2 feet in width of lot 864, of the most westerly 13 feet in width lot 865, excepting out of the above described land the most northerly 10 feet in depth thereof, which lots are shown on a plan of survey of parts of lots 37 and 38 of the Parish of St. John, registered in the Winnipeg Land Titles Office, Winnipeg division, as number 53, and all that parcel or tract of land and premises situate, lying and being in the City of Winnipeg, and being lot number 5, as shown on plan of survey of part of lot 9 of the Parish of St. John, and registered in the Winnipeg Land Titles Office, Winnipeg division, as number 113, and all that certain parcel or tract of land and premises situate, lying and being in the Municipality of West Kildonan, all that portion of the south half of river lot 25, according to the Dominion Government survey of the Parish of Kildonan, in Manitoba, lying to the east of the main highway, according to a plan of said highway filed in the Winnipeg Land Titles Office as number 545; and all that parcel or tract of land and premises situate, lying and being in the City of Winnipeg, and being that certain parcel of land described in certificate number 269181 in the land titles office at Winnipeg, being parts of lots 75 and 76 on registered plan number 258, shall, subject to the trusts, if any, upon which such property is held, henceforth become and be, without the execution or registration of any deed, conveyance or transfer thereof, vested in and held, used and administered by the governing council of the Salvation Army, Canada West, hereinafter called "the council", and all transfers or other instruments relating to or dealing with any such real and personal property, or any interest therein, within the Province of Manitoba heretofore or hereafter executed, purporting to transfer or convey any such property or any interest therein from the governing council of the Salvation Army in Canada now known as the governing council of the Salvation Army, Canada East, to the governing council of the Salvation Army, Canada West, are hereby ratified and confirmed in all respects as if the same had been executed after the coming into force of this Act.

Notice in writing to district registrar

2(1)

The said the governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, and any officer or member of the said corporation, or any other person holding lands in trust, as mentioned in section 1, may give notice in writing to the proper district registrar under The Real Property Act, or to the registrar under The Registry Act, that the lands described in the notice are held for the council, and the district registrar or registrar shall file the notice in his office, and shall enter in the abstract book or register and certificate of title, against the land or parcel affected, a reference to this Act, giving the title, regnal year and chapter number of the same.

Notice to be signed

2(2)

Such notice shall be signed in the presence of a subscribing witness, and an affidavit of execution by such witness shall be endorsed on or attached to the notice in the form required by The Registry Act, where the land is under the old system, or in the form required by The Real Property Act, where the land is under the new system.

Fee payable, 25¢ for each entry

2(3)

The fee payable upon the filing of the notice and making the entry shall be 25¢ for each entry in the Abstract book or register and certificate of title.

For the purpose of proving transmission of title

3

For the purpose of proving the transmission of title to any property aforesaid to the council from the said the governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, or from any officer or member of the said corporation, or from any person holding the same in trust for the purposes and benefits of, or to the use of the Salvation Army or of the said corporation, it shall be sufficient in order to satisfy the requirements of The Real Property Act or of The Registry Act, or of any other Act of the Province affecting the registered title to lands, or to goods and chattels, to recite in any instrument executed by the council and dealing with such property, or any interest therein, the title of this Act and the chapter number of the same, and the year in which it was passed.

Nothing to affect the right of bona fide purchaser

4

Nothing in this Act contained shall affect the right of a bona fide purchaser for valuable consideration from the said governing council of the Salvation Army in Canada, now known as the governing council of the Salvation Army, Canada East, or from any person holding lands in trust as mentioned in section 1, unless such purchaser has actual notice that the lands have become vested in the council, but the entry under sub-section (1) of section 2 by the registrar or other officer in the proper Abstract book or register and certificate of title shall be deemed actual notice.

Any person may grant, give or bequeath to the council real or personal property

5(1)

Notwithstanding the provisions of The Mortmain and Charitable Uses Act any person may grant, give, devise or bequeath to the council, and the council may receive by grant, devise, bequest or gift and acquire by agreement, purchase or otherwise, lands or other property or any interest therein and hold the same, including the properties vested in the corporation by section 1 hereof, in trust for the purposes of the governing council of the Salvation Army, Canada West, with power to charge, sell or otherwise deal with or dispose of the same, upon such terms and in such manner as it may deem expedient for the purpose aforesaid, and any devise, bequest or gift of any lands or other property, or interest therein, to or for the Salvation Army, or to or for the governing council of the Salvation Army, Canada West, as the case may be, or to or for any of the purposes or objects being carried on under the auspices, direction and control of the governing council of the Salvation Army, Canada West, shall be deemed a devise, bequest or gift to the council, and shall be held, administered and applied for the purposes aforesaid.

Powers not conferred by this section

5(2)

Nothing in this section shall confer upon the council power to charge or sell or otherwise deal with or dispose of such lands or property, or of any interest therein, otherwise than as required by the said Act of incorporation, against the provisions of the instrument (if any) creating or declaring the trust upon which same are to be held.

Council may exercise certain rights, powers

5(3)

The council may exercise and enjoy within this Province all the rights, powers and privileges conferred upon the council by the said Act of incorporation and by this Act without registration or license under any Provincial statute, save as herein provided.

Any deed, transfer, mortgage deemed to be duly executed if seal and certain signatures affixed.

6

Any deed, transfer, mortgage, charge or other instrument relating to or dealing with real estate in the Province of Manitoba, or any interest therein, vested in the council, shall be deemed to be and be duly executed and shall be sufficient for the purposes for which the same is intended if there are affixed thereto the seal of the corporation and the signature of such officer or officers of the council as may be provided from time to time by by-law of the council, without it being necessary to have any formal meeting of the council, or any resolution or by-law thereof authorizing the execution of such transfer, mortgage, charge or other instrument, or authorizing the sale, mortgage or other dealing with such land which such instrument is intended to carry out, and without it being necessary to produce any evidence as to the regularity of any such deed, transfer, mortgage, charge or other instrument, and all deeds, transfers, mortgages, charges or other instruments relating to or dealing with any real estate in the Province of Manitoba, or any interest therein heretofore executed on behalf of the council under the seal of the corporation and the signature or signatures of such officer or officers of the council as may have been authorized by by-law of the council are hereby ratified and confirmed in all respects as if the same had been executed after the coming in force of this Act, and shall be sufficient for the purposes for which the same were intended.

Title of Act

7

This Act may be known and cited as The Salvation Army, Canada West, Property Act.

8

This Act shall come into force on the day it is assented to.

NOTE:  This Act replaces S.M. 1917, c. 110.