Bill 19 (Legislature 16, Session 2)

L16 S2 4586

Alberta — Bills

1969 Bill 19 Second Session, 16th Legislature, 18 Elizabeth II THE LEGISLATIVE ASSEMBLY l1E Ms15ER'l'A BILL 19

An Act to amend The Religious Societies' Lands Act THE ATTORNEY GENERAL First Reading ............................. . Second Reading ............................ . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 19 1969

An Act to amend The Religious Societies' Lands Act (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Religious Societies' Lands Act is hereby amended.

Section 27 is amended by striking out subsection (3) and by substituting the following:

(3) Where a cancellation and annulment of incorpora tion is made pursuant to this

section the Lieutenant Governor in Council may (

a) appoint a person to wind up the affairs of the congregation and pay creditors and claimants thereof who are entitled thereto, and (

b) provide for the remuneration of that person and the payment of his expenses and other costs in cidental to the winding-up, out of the assets of the congregation or otherwise as he thinks fit.

(4) Where there is a surplus of assets after all the liabilities of the former corporation and liquidation ex penses have been paid] the person appointed under sub section (3) shall (

a) call, upon reasonable notice, which may include advertising in a newspaper having circulation in the general geographical area inhabited by the members of the congregation, a meeting of the persons who were members of the congregation at the time its incorporation was cancelled, and that meeting may, by resolution, direct the person to distribute the surplus to one or more religious or charitable organizations named in the resolution, or (

b) where no resolution is passed pursuant to and in accordance with clause (a), in writing notify the Lieutenant Governor in Council of the facts, whereupon the Lieutenant Governor in Council

Explanatory Notes I. This Bill amends

chapter 285 of the Revised Statutes.

Section 27 presently reads: 27.

(1) The Lieutenant Governor in Council may at any time for cause cancel and annul the incorporation of any congregation in corporated under this Act, and upon notice of the cancellation being mailed to the corporation it ceases to exist as such.

(2) Notwithstanding Rubsection 0), nothing contained in that sub

section shall be construed to impair the recourse of any creditor or claimant of the corporation.

(3) Where the incorporation of any congregation incorporated under this Act is for cause cancelled and annulled the Lieutenant Governor in Council (

a) may appoint Ruch perRon as he thinks fit to wind up the affairs ,of the congregation and after payment of creditors distribute its assets among the members thereof, and (

b) may provide for the remuneration of such person out of the assets of the congregation or otherwise as he thinks fit. This change is designed to alter the liquidator's powers in respect of surplus assets, since the present direction compels him to do something which might affect the tax position of both the corporate congregation and individual members thereof.

may by order direct that the surplus be vested in the Universities Commission.

(5) An order of the Lieutenant Governor in Council under subsection (4) vests in the Universities Commission all estate and interest in the surplus assets as if the Universities Commission had received the property as ultimate heir under The Ultimate Heir Act. 3. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1969 (16th, 2nd) Bill 19,

An Act to amend The Religious Societies' Lands Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4586
Type	bill
Volume / chapter	L16 S2 4586
Language	en
Format	json
Source	PROVINCIAL
Identifier	e98c695a774e100f2176241b576a9d1bd1dd7124

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