Religious organizations can exist and hold title to interests in land in a variety of manners in the Province of Manitoba. The rights, powers and obligations that religious organizations have depends on how the religious organization was created. The mechanism for creation of these religious organizations also dictates how these entities take title to land, hold interests in land and deal with those interests.
Some religious organizations have specific legislation (either federal or provincial) to govern them. Where such specific legislation exists, any dealing with land by that religious group is governed by the provisions of their particular legislation. One example of such legislation is The Catholic Parishes and Missions Incorporation Act, R.S.M. 1990, c. 27
Most other religious organizations in Manitoba are governed by The Religious Societies' Lands Act. This legislation governs the manner in which religious societies that don’t have specific governing legislation carry on their business. In particular, this act controls the manner in which religious societies acquire and dispose of interests in land.
The following is a summary of the various kinds of religious organizations that we deal with at land titles:
Unincorporated religious societies
In these cases, a group of individuals assemble together for religious reasons. These individuals nominate from their number a group of persons to hold title to land on behalf of the religious organization. These individuals are known as trustees.
The Religious Societies’ Lands Act governs the appointment and removal of these trustees. It also controls the manner in which these trustees can acquire and dispose of interests in land.
Religious societies incorporated under The Religious Societies’ Lands Act
In certain cases, the trustees of an unincorporated religious society may decide to incorporate. An incorporation of an unincorporated religious society is not the same as the creation of a regular corporation at the Companies Office and it does not create the same kind of entity. Trustees of a religious society incorporate by passing a resolution and then filing a copy of that resolution with the Companies Office.
See section 6, The Religious Societies' Lands Act
The chief advantage of incorporating is that the title to lands owned by the religious society no longer shows the names of the trustees. That said, these societies continue to have trustees. In addition, The Religious Societies' Lands Act continues to govern incorporated religious societies, including the appointment and removal of trustees. It also governs the manner in which the religious society can acquire and dispose of interests in land.
Private Act religious organizations
Certain religious organizations are created and governed by specific legislation. These are not governed by The Religious Societies' Lands Act. The powers of the officers/directors/trustees (as the case may be) of these organizations, and the manner in which the organizations can acquire, hold and dispose of interests in land are set out in the relevant piece of legislation.
Not-for-profit corporations/non-share capital corporations
The members of religious organizations may also create not-for-profit corporations or non-share capital corporations. These corporations have the following distinguishing features:
a. They are not governed by The Religious Societies' Lands Act;
b. They are governed by The Corporations Act; and
c. The rules that apply to regular corporations apply to these entities.