M-1 - Mortmain Act

Updated to 1 April 1999

This document has official status.

chapter M-1

Mortmain Act

Repealed, 1992, c. 57, s. 609.

1992, c. 57, s. 609.

DIVISION I SPECIAL PROVISIONS RESPECTING CERTAIN CORPORATIONS

1. Every company incorporated and existing in Great Britain (including the Channel Islands and the Isle of Man), in the United States of America or in Canada, shall have the right to acquire and hold any lands and immoveable property in Québec, for its occupation or the prosecution of its business only, any law to the contrary notwithstanding.

R. S. 1964, c. 276, s. 1.

2. Such companies, when authorized under their charter or the law governing them, have and always have had the right to alienate and hypothecate their immoveable property without its being necessary for them to obtain the special or general permit provided for in Division II of this act.

R. S. 1964, c. 276, s. 2.

3. No such corporation formed for the purpose of promoting art, science, religion, charity or any other like object, not involving the acquisition of gain by the corporation or by the individual members thereof, shall, without the sanction of the Government, hold more than four hectares and five hundredths of land; but the Government may, after having obtained the opinion of the Inspector General of Financial Institutions, by licence under the hand of the Minister, empower any such corporation to hold lands in such quantity and subject to such conditions as it shall think fit.

R. S. 1964, c. 276, s. 3; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1977, c. 60, s. 37; 1981, c. 9, s. 24; 1982, c. 52, s. 205.

DIVISION II ISSUE OF PERMITS RESPECTING THE ACQUISITION AND ALIENATION OF IMMOVEABLE PROPERTY BY CORPORATIONS AND PERSONS IN MORTMAIN

4. The Minister may, on petition:

(1)  Grant to persons in mortmain and to corporations whose capacity in this respect is limited, authorization to acquire and hold immoveable property; and

(2)  Grant to persons in mortmain authorization to alienate and hypothecate their immoveable property when such authorization is required.

Before granting the petition, the Minister shall obtain the opinion of the Inspector General of Financial Institutions.

R. S. 1964, c. 276, s. 4; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 206; 1982, c. 52, s. 207.

5. The authorization shall be granted by means of:

(1)  A special permit issued on the application of a person in mortmain or of a corporation,—conferring on the person in mortmain or the corporation holding the same the capacity required with respect to one or more immoveable properties designated therein; or

(2)  A general permit, issued only on the application of a joint stock corporation incorporated for commercial or other purposes,—conferring upon the corporation holding it the same capacity respecting immoveable property as is possessed by a corporation incorporated by letters patent granted by the Lieutenant-Governor of Québec.

R. S. 1964, c. 276, s. 5.

6. The petition must set forth:

(1)  The name, the manner of incorporation or the origin of the corporation, congregation or association applying for the authorization; the objects for which it was constituted; the date of its charter or the document by which it was organized or created, as well as the amount of its capital stock, if any;

(2)  In the case of a special permit, the value of the immoveable property or properties which the petitioner proposes to acquire, alienate or hypothecate, as the case may be;

(3)  In the case of a special permit, the purposes to which the immoveable property to be acquired is destined; and, in the case of alienation or hypothec, the reason for the alienation or the giving of the hypothec.

R. S. 1964, c. 276, s. 6.

7. The petition shall be transmitted to the Minister, together with a copy of the charter or other document creating the corporation, congregation or association, provided that, if a copy of such charter or document cannot be produced, the reasons for which such production is impossible shall be proved to the satisfaction of the Government.

R. S. 1964, c. 276, s. 7; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 207.

8. Any other provision to the contrary notwithstanding, every acquisition and alienation of immoveable property and every hypothec made or granted by a person in mortmain or a corporation, without authorization in cases where authorization is required, shall be valid, provided they are otherwise legal, if a special permit relating thereto, as provided by this act, or if the general permit mentioned in paragraph 2 of section 5 is issued in virtue of the provisions thereof.

The validations enacted by this section shall not, however, affect pending cases.

R. S. 1964, c. 276, s. 8.

9. In the case of acquisition of an immoveable without authorization by a person in mortmain or by a corporation whose capacity in that respect is limited, as well as in the case of the hypothecation or alienation of an immoveable without authorization by such a person or corporation, any acquirer or hypothecary creditor shall have, on such immoveable the same rights as if a special permit relating thereto had been granted.

This section shall apply to acquisitions, alienations and hypothecs made or granted before the 5th of March, 1964.

R. S. 1964, c. 276, s. 9.

10. The Government may make, amend or repeal regulations in connection with the following:

(1)  Forms of permits and petitions, as well as the information and statements that may be required before the granting of a permit;

(2)  The fees exigible upon petitions, authorizations and other proceedings which may be necessitated by the petitions for authorization;

(3)  Generally everything that may be necessary for carrying out the provisions of this Act.

R. S. 1964, c. 276, s. 10.

11. The Minister of Finance is responsible for the administration of this Act.

1982, c. 52, s. 208.

DIVISION III

This Division ceased to have effect on 17 April 1987.

12. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 276 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-1 of the Revised Statutes.