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C-40 - Cemetery Companies Act

Section 11
Disposition versions

Full text
11. Whenever it appears to the enterprise registrar that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law constituted as a legal person, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a legal person for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.
To obtain their constitution as a legal person the applicants shall follow, with the necessary modifications, the formalities of sections 3, 4 and 5 of this Act.
The legal person shall thereafter have all the powers and be subject to all the other provisions mentioned in this Act regarding cemeteries.
R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1999, c. 40, s. 71; 2002, c. 45, s. 279.
11. Whenever it appears to the Inspector General of Financial Institutions that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law constituted as a legal person, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a legal person for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.
To obtain their constitution as a legal person the applicants shall follow, with the necessary modifications, the formalities of sections 3, 4 and 5 of this Act.
The legal person shall thereafter have all the powers and be subject to all the other provisions mentioned in this Act regarding cemeteries.
R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1999, c. 40, s. 71.
11. Whenever it appears to the Inspector General of Financial Institutions that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law incorporated, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a corporation for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.
To obtain their incorporation the applicants shall follow, mutatis mutandis, the formalities of sections 3, 4 and 5 of this act.
The corporation shall thereafter have all the powers and be subject to all the other provisions mentioned in this act regarding cemeteries.
R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141.
11. Whenever it appears to the Minister of Financial Institutions and Cooperatives that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law incorporated, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a corporation for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.
To obtain their incorporation the applicants shall follow, mutatis mutandis, the formalities of sections 3, 4 and 5 of this act.
The corporation shall thereafter have all the powers and be subject to all the other provisions mentioned in this act regarding cemeteries.
R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24.
11. Whenever it appears to the Minister of Consumer Affairs, Cooperatives and Financial Institutions that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law incorporated, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a corporation for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.
To obtain their incorporation the applicants shall follow, mutatis mutandis, the formalities of sections 3, 4 and 5 of this act.
The corporation shall thereafter have all the powers and be subject to all the other provisions mentioned in this act regarding cemeteries.
R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11.
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