The Religious Societies' Lands Act

The Religious Societies' Lands Act, C.C.S.M. c. R70 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Adoption of resolutions 3 Holding lands for church or religious purposes 4 Appointment of trustees 5 Trustees of land held for cemeteries 6 Incorporation of trustees 7 Change of corporate name 8 Trustee's term of office 9 Effect of vacancy 10 Removal and appointment of trustees 11 Signature and entry of resolution in book 12 Form of documents for trustees 13 Validity of prior documents 14 Time limitation for registration 15 Trustees may mortgage land 16 Power to release equity of redemption 17 Power to lease land 18 Renewal of lease, value of rent or improvements 19 Consent to lease required 20 Power of trustees 21 Resolution for sale of land 22 Sanction of judge to sale required 23 Confirmation of irregular sales 24 Power of trustees to convey lands 25 Tranfering property when uniting societies 26 Assent to transfer 27 Transfer of cemetery land to a company 28 Annual statement 29 Power to call trustees to account Schedule A Forms HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) In this Act, "annual or special meeting" means any annual or special meeting duly called according to the constitution of, or the practice of, the church with which the religious society is connected or, if the society is not connected with any church, according to the constitution or practice of the society, and in either case, in the absence of other provisions in that behalf in any such constitution or practice, an annual or special meeting of the society called by notice thereof read by the minister or other presiding officer once each week at a meeting of the religious society and before it is dismissed for two weeks prior to the day of the proposed meeting; (« assemblée annuelle ou spéciale ») "cemetery" has the same meaning as in The Cemeteries Act ; (« cimetière ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "religious society" means a church, congregation, or other religious society of persons professing or adhering to a religion or religious faith. (« communauté religieuse ») 1(2) [Not proclaimed, but repealed by S.M. 1996, c. 64, s. 14 ] S.M. 1996, c. 64, s. 14 . Resolution, when considered adopted 2 A resolution shall be considered to be adopted for the purpose of this Act when it is adopted by the votes of the majority of those persons who are members of the religious society, and are entitled to vote in respect of the business of the society, present at an annual or special meeting of the society. Holding of lands for church or religious purposes 3(1) A religious society may, in the name of trustees subject to this Act, hold (a) land not exceeding 300 acres to be used for the site of a church, chapel, meeting house, residence of a minister, or for the support of public worship and the propagation of Christian knowledge or for other like religious or congregational purposes; (b) lands not exceeding 20 acres to be used, subject to subsection (2), for a cemetery. Municipal consent to cemetery 3(2) No land shall be held for the use of a cemetery unless the consent of the municipality in which the land is situated has first been obtained. Mode of appointment of trustees 4 A religious society may at any annual or special meeting thereof adopt a resolution appointing, from its members, trustees to hold lands for any of the purposes of this Act. Trustees of cemetery need not be same as trustees holding other land 5 The trustees of the land held for cemetery purposes for any religious society need not be the same persons who hold other land as trustees under this Act. Trustees becoming corporation 6(1) A religious society may at an annual or special meeting thereof adopt a resolution constituting the trustees then appointed or trustees previously appointed and their successors in office a body politic and corporate under the name: "Trustees of (giving distinguishing name and adding immediately thereafter the following words), a religious society, in the (city, town, village, or rural municipality) of (name of municipality), in the Province of Manitoba". Filing of resolution with minister 6(2) A copy of the resolution, signed by the chairman and secretary of the meeting at which it was adopted, and by the trustees, duly verified as to the execution thereof by statutory declaration, shall, within six months after the date of such meeting, be filed in the office of the minister, and it is conclusive evidence of the incorporation. Certified copy as proof 6(3) A copy of the resolution certified by the minister shall be received in all cases as prima facie proof of the facts and matters therein stated. Resolution for change of corporate name 7(1) A religious society whose trustees have, under this Act, been constituted a body politic and corporate, may by a majority vote of the members present at an annual or special meeting adopt a resolution changing its name. Filing of resolution 7(2) A copy of the resolution signed by the chairman and secretary of the meeting at which it was adopted, and by the trustees, duly verified as to the execution thereof by statutory declaration, shall, within six months after the date of the meeting, be filed in the office of the minister, and is conclusive evidence of the change of name. Proof of matters stated in resolution 7(3) A copy of the resolution, certified by the minister, shall be received in all cases as prima facie proof of the facts and matters therein stated. Trustee's term of office 8 Each of the trustees shall hold office until he dies or resigns or ceases to be a member of the religious society, or until he is removed in the manner hereinafter provided, and no longer. Effect of vacancy 9 Where a trustee ceases to hold office as such, the remaining trustees have all the estate and powers originally vested in the whole number, until another trustee is appointed in the manner hereinafter provided. Removal and appointment of trustee 10(1) A religious society may, by resolution adopted at an annual or special meeting thereof, remove any trustee and appoint another in his stead. Effect of appointment 10(2) Where the trustees have not been incorporated, a trustee so appointed, with the trustees originally named in the conveyance, transfer, or certificate of title, of land, or subsequently appointed, and who are still trustees have all the estate and powers vested in the original trustees. Signature and entry of resolution in book 11(1) A copy of a resolution adopted under section 4, 6, 10, 13, 16, 19, 26, or 27, shall be entered in a book to be kept for that purpose, and shall be signed by the chairman and secretary of the meeting. Copy as proof 11(2) The copy so entered and signed is prima facie proof of the facts and matters therein stated. Effect of failure to enter or sign book 11(3) The omission or neglect to enter or sign the copy does not invalidate the resolution or anything done pursuant thereto. Certified copy as proof 11(4) A copy of the resolution so entered and signed, certified as such by the secretary of the religious society or other officer in whose custody the book is kept, is prima facie proof, and shall be accepted by the district registrar of any land titles district as conclusive proof, of the facts and matters therein stated. Form of conveyances, etc., to trustees 12(1) A conveyance, or transfer, or certificate of title under The Real Property Act of or to any land for the purposes of this Act, may be taken to the trustees of the religious society (otherwise than to trustees incorporated under section 6) in the appropriate form in Schedule A. Powers of unincorporated trustees 12(2) The trustees by the name expressed in the deed, transfer, or certificate of title, may take, hold, and possess, the lands therein described, and maintain and defend actions and suits for the protection thereof and their property therein. Deeds to trustees heretofore made, valid 13(1) Any conveyance of lands made before July 1, 1883 to any persons described as trustees for any religious society, and purporting to be made to these persons and their successors, shall be deemed to have the same effect as if it had been a conveyance of the lands described therein under this Act. Where several names are used 13(2) Where more than one of such conveyances have been made for the benefit of any such religious society, under different names, the society may at an annual or special meeting adopt a resolution adopting one of such names as the name whereby the trustees for the society shall hold the lands; and thereupon the name so adopted is the name whereby the trustees shall hold in perpetual succession as aforesaid. Time within which conveyance or transfer to trustees must be registered 14(1) Subject to subsection (2), unless within 12 months after the execution of a deed of conveyance or transfer of land to the trustees of a religious society, the trustees cause it to be registered in the land titles office of the district in which the lands are situated, the deed or transfer is void and the district registrar shall not register it. Idem 14(2) Upon application by the trustees, showing the reason for failure to register the deed or transfer, and if in his absolute discretion he deems it in the best interests of all persons concerned, the Registrar-General may endorse his approval thereon and the deed or transfer may then be registered within such time as the Registrar-General may direct and until the expiry of that time has full effect. Trustees may mortgage land 15 Where a debt is contracted for the building, repairing, extending, or improving, of a church, meeting house, or chapel, or a manse, parsonage, or residence of the minister, on land held by the trustees for the benefit of any religious society, or for the purchase of the lands on which it has been, or is intended to be, erected, the trustees or a majority of them, may secure the debt or any part thereof by a mortgage upon all or any of the land, church, meeting house, chapel, manse, parsonage, or minister's residence, held for the benefit of the society, or may borrow money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage, upon such terms as may be agreed upon. Power of trustees to release equity of redemption 16 Where the trustees have executed a mortgage upon lands held by them for the benefit of any religious society, (a) if the mortgage is in arrear as to principal or interest at the time of the execution of the release, transfer, or conveyance; and (b) if the trustees are authorized to give the release, transfer, or conveyance, by a resolution adopted at an annual or special meeting of the religious society; the trustees for the time being, or a majority of them, may release, transfer, or convey, to the mortgagee or his assigns the equity of redemption in the lands so mortgaged or any part thereof in satisfaction of the whole or any part of the mortgage debt. May lease land for term not exceeding 21 years 17 The grantees in trust, named in any letters patent from the Crown, or the survivor or survivors of them, or the trustees for the time being appointed in manner prescribed in the letters patent, whereby lands are granted for the use of a religious society, and any other trustees for the time being entitled by law to hold lands in trust for a religious society, and any other trustees, may lease, for any term not exceeding 21 years, lands so held by them, for the use of a religious society, at such rent and upon such terms as the trustees or a majority of them deem reasonable. Renewal of lease 18(1) In any lease, the trustees may covenant or agree for the renewal thereof, at the expiration of any or every term of 21 years, for a further term of 21 years or a less period, at such rent and on such terms as may then, by the trustees for the time being, be agreed upon with the lessee, his heirs, executors, administrators, or assigns; or the trustees may covenant or agree for the payment to the lessee, his executors, administrators, or assigns, of the value of any buildings or other improvements that may, at the expiration of any term, be on the demised premises. Specification of mode of ascertaining rent or value of improvements 18(2) The mode of ascertaining the amount of the rent or the value of the improvements may also be specified in the original or any subsequent lease. Consent to lease required 19(1) The trustees shall not lease any lands without the consent of the religious society for whose use or benefit they hold the lands signified by a resolution adopted at an annual or special meeting of the society. Lease prohibited if land required by society 19(2) The trustees shall not lease any lands that, at the time of the making of the lease, are necessary for the purpose of erecting any building thereon for the use of the society or for a cemetery for the society. Power of trustees 20 The trustees for the time being entitled by law to hold land in trust for a religious society may, in their own names, or by any name by which they hold the land, sue or distrain for rent or arrears of rent, and may take all such means for the recovery thereof as landlords in ordinary cases are entitled to take. Resolution for sale of land 21 Where land held by the trustees for the use of a religious society, or any part thereof, is no longer necessary for that use and the trustees deem it to be to the advantage of the religious society to sell it, if the religious society, by resolution adopted at a regular annual meeting thereof or a special meeting thereof duly called in accordance with the rules and practice of the religious society, authorizes the trustees to do so, they may sell the land, or the part thereof, by private sale, subject to compliance also with any rules and practice of the religious society relative to such sales. Sanction of judge to sale required 22(1) No sale of land made pursuant to section 21 is valid unless, before any transfer, deed, or other conveyance, or any agreement for sale, relating to the sale is executed, the sanction of a judge of the Court of King's Bench to the execution thereof is obtained; and after that sanction the transfer, deed, conveyance, or agreement shall be deemed sufficient for every purpose. Second sanction not required 22(2) Where the sanction of a judge is obtained under subsection (1) to the execution of an agreement for sale, it is not necessary to obtain a further sanction to the execution of a transfer, deed, or other conveyance upon the agreement being carried out, completed, and performed according to its terms. Confirmation of irregular sales 23 The Registrar-General may confirm, upon such terms as he orders, any sale of land made by trustees hereunder not less than ten years prior to the time application is made to him for such confirmation, though the sanction of a judge was not obtained as required by section 22; and the sale when so confirmed is as fully valid as if such sanction had been obtained. Power of trustees to convey lands 24 The trustees of any religious society may transfer or convey the land and property belonging to the society to any incorporated board of the denomination of which the society forms part; but no such transfer or conveyance shall be made unless the assent thereto of the society has been first obtained, or the transfer or conveyance is sanctioned in the manner hereinafter provided in section 26. Trustees may transfer property on society uniting with another 25 Where land is held by trustees for the use of a religious society, and the society desires to unite with another society of the same denomination, the trustees for the time being may transfer or convey any land and property held by them to the trustees of the last mentioned society; but no such transfer or conveyance shall be made unless and until it is assented to or sanctioned in the manner provided in section 26. Assent to transfer 26(1) Before any transfer or conveyance is executed in pursuance of section 24 or 25, the society for whose use the land is held shall be duly notified thereof and its assent obtained to the execution of the transfer or conveyance by a resolution adopted at an annual or special meeting of the society. Transfer may be sanctioned by judge 26(2) Instead of such an assent, it is sufficient for the validity of any such transfer or conveyance that it is sanctioned and approved of by a judge of the Court of King's Bench. Transfer of cemetery to a company for the purpose 27(1) Any religious society may, (a) lease, sell, convey, and hand over, to any company incorporated under The Corporations Act for the purpose of, or with objects and powers which include, the operation of one or more cemeteries; or (b) lease, sell, or give, and convey to any municipality; any land used by it for cemetery purposes, or any other land held by it, under such terms, conditions, and stipulations, as may be signified by a resolution adopted at any annual or special meeting of the society directing the trustees of the society so to sell, lease, or give, and convey and hand over, the land. Society may be shareholder in cemetery company 27(2) The society may become a shareholder in the company and accept all or any part of the consideration for the leasing or selling of such lands in paid up shares of the company; and the stock or shares shall be deemed to stand in the name of the trustees, and the trustees have the same rights as any individual shareholder in the company in proportion to the number of shares so held in their names. Detailed statement to be shown to society 28 Trustees selling or leasing lands under the authority of this Act shall, on the first Monday in July in every year, have ready and open for the inspection of the religious society which they represent, or of any member thereof, a detailed statement, showing all rents that accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the society, that were in any manner derived from the lands under their control or subject to their management, and also showing the application of any portion of the money that has been expended on behalf of the society. Power of judge to call trustees to account 29(1) Any judge of the Court of King's Bench may, in a summary manner, on complaint upon oath of three members of a religious society of any misfeasance or misconduct on the part of the trustees in the performance of their duties under this Act, call upon the trustees to give in an account, and may enforce the rendering of such an account, the discharge of any duties and the payment of any money, so that the society may have the benefit thereof, according to the true intent and meaning of this Act. Costs of application 29(2) The judge may compel the trustees, in case of any misconduct, to pay the expense of the application or, if it is made on grounds which he considers insufficient, frivolous, or vexatious, he may order the applicants to pay the costs. SCHEDULE A Form No. 1 DEED OF CONVEYANCE This indenture, made (in duplicate) the ____ day of ______, in the year of our Lord one thousand nine hundred and ____, in pursuance of The Short Forms Act , between _______ of the first part, and _______ as trustees for the congregation of _______ Church, in ______, in Manitoba, of the second part; WITNESSETH THAT, in consideration of _______ lawful money of Canada, now paid by the parties of the second part to the part _______ of the first part (the receipts whereof is hereby by _______ acknowledged), the part ____ of the first part do ____ grant unto the parties of the second part, their successors and assigns, forever: All and singular th ____ certain parcel ____ or tract ____ of land and premises, situate, lying, and being ______. To have and to hold unto and to the use of the parties of the second part and their successors, as trustees for the congregation of _______ Church, in ______, in Manitoba, forever. The part ____ of the first part covenant with the parties of the second part that _____ ha ____ the right to convey the said lands to the parties of the second part, notwithstanding any act of the part ___ of the first part; And that the parties of the second part shall have quiet possession of the said lands free from all encumbrances; And the part ____ of the first part covenant with the parties of the second part that ____ will execute such further assurances of the said lands as may be requisite. And the part ____ of the first part covenant with the parties of the second part that ____ ha ____ done no act to encumber the said lands. And the part ____ of the first part release to the parties of the second part all claims upon the said lands. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals. Signed, sealed, and delivered, in the presence of Form No. 2 MEMORANDUM OF TRANSFER I, A.B., being registered owner of an estate (state the nature of estate) subject, however, to such encumbrances, liens, and interests, as are notified by memorandum underwritten (or endorsed hereon) in all that land containing (as the case may be, here state the rights-of-way, privileges, easements, if any, intended to be conveyed along with the land, and if the land dealt with contained all included in the original grant, refer thereto for description of parcels and diagrams, otherwise set forth the boundaries and accompany it by a diagram) do hereby, in consideration of the sum of $______ paid to me by E.F., the trustees of _______ Church, in the _______ of ______, in the Province of Manitoba, the receipt of which sum I hereby acknowledge, transfer to the said E.F., as such trustees, all my estate and interest in the said piece of land. (When a lesser estate, then describe such lesser estate). IN WITNESS WHEREOF, I have hereunto subscribed my name this ____ day of ______, 20__. Signed on the day above named by the said A.B. in presence of G.A. (Signature). Form No. 3 CERTIFICATE OF TITLE A.B., of ______, as trustees of _______ Church, in the _______ of ______, in the Province of Manitoba, (here insert description) are now seized of an estate in fee simple (or for life), subject to such encumbrances, liens, and interests, as are notified by memorandum underwritten (or endorsed hereon) in that piece or parcel of land known or described as follows: (Give description). IN WITNESS WHEREOF, I have hereunto signed my name and affixed my seal this ____ day of ______, 20__. Signed in the presence of District Registrar for the Land Titles District of ___ (Seal)