F-1 - Act respecting fabriques

Section 18 Disposition versions

2019-06-13

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, columbariums, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate its movable or immovable property or encumber it with another charge to secure payment of its loans or the performance of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(h)  (paragraph repealed);

(i)  invest its funds in accordance with the provisions of the Civil Code respecting investments presumed sound, and in securities of legal persons holding and administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations (chapter T-7);

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage, cemetery or columbarium;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on the immovables owned by the fabrique or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  remunerate the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ and, where expedient, grant them allowances;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of an authorized Québec insurer, other than a regulated business corporation, within the meaning of the Insurers Act (chapter A-32.1) or be a member of a financial services cooperative that is a deposit institution authorized under the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2), and deposit all or part of its funds in that financial services cooperative;

(u)  pay the contributions or premiums payable under a pension plan or group insurance plan for the benefit of the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26; 1992, c. 57, s. 575; 1997, c. 25, s. 5; 1999, c. 40, s. 132; 2000, c. 29, s. 652; 2018, c. 23, s. 765.

2001-07-01

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, columbariums, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate its movable or immovable property or encumber it with another charge to secure payment of its loans or the performance of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(h)  (paragraph repealed);

(i)  invest its funds in accordance with the provisions of the Civil Code respecting investments presumed sound, and in securities of legal persons holding and administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations (chapter T-7);

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage, cemetery or columbarium;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on the immovables owned by the fabrique or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  remunerate the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ and, where expedient, grant them allowances;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a financial services cooperative which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that financial services cooperative;

(u)  pay the contributions or premiums payable under a pension plan or group insurance plan for the benefit of the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26; 1992, c. 57, s. 575; 1997, c. 25, s. 5; 1999, c. 40, s. 132; 2000, c. 29, s. 652.

1999-10-22

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, columbariums, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate its movable or immovable property or encumber it with another charge to secure payment of its loans or the performance of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(h)  (paragraph repealed);

(i)  invest its funds in accordance with the provisions of the Civil Code respecting investments presumed sound, and in securities of legal persons holding and administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations (chapter T-7);

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage, cemetery or columbarium;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on the immovables owned by the fabrique or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  remunerate the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ and, where expedient, grant them allowances;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a savings and credit union which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that savings and credit union;

(u)  pay the contributions or premiums payable under a pension plan or group insurance plan for the benefit of the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26; 1992, c. 57, s. 575; 1997, c. 25, s. 5; 1999, c. 40, s. 132.

1997-06-12

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, columbariums, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate its movable or immovable property or encumber it with another charge to secure payment of its loans or the performance of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(h)  (paragraph repealed);

(i)  invest its funds in accordance with the provisions of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) respecting investments presumed sound, and in securities of legal persons holding and administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate movable or immovable property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations (chapter T-7);

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage, cemetery or columbarium;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on the immovables owned by the fabrique or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  remunerate the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ and, where expedient, grant them allowances;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a savings and credit union which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that savings and credit union;

(u)  pay the contributions or premiums payable under a pension plan or group insurance plan for the benefit of the pastor or ministering cleric of the parish or chapelry whose property is held by the fabrique, the clerics who conduct divine service there, pastoral associates, pastoral trainees and the other persons in its employ.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26; 1992, c. 57, s. 575; 1997, c. 25, s. 5.

1994-01-01

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate its movable or immovable property or encumber it with another charge to secure payment of its loans or the performance of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange or hypothecate the same;

(h)  (paragraph repealed);

(i)  invest its funds in the securities contemplated in paragraphs a to g of article 981o of the Civil Code of Lower Canada and also in the securities of corporations holding or administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate movable or immovable property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations (chapter T-7);

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage or cemetery;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on its immovables or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  provide for the sustenance and support of the pastor or ministering cleric of the parish or chapelry whose property it holds, the clerics who conduct divine service there and the persons in its employ;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a savings and credit union which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that savings and credit union;

(u)  contribute to a pension fund or a group insurance plan for the benefit of its employees, the pastor, the ministering cleric or the clerics attached to the parish or chapelry whose property it holds.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26; 1992, c. 57, s. 575.

1981-07-18

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate or pledge its immoveables, give in security or otherwise encumber its moveable property to secure the payment of its loans or the carrying out of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange, mortgage or pledge the same;

(h)  notwithstanding the provisions of the Civil Code, hypothecate, mortgage or pledge, while retaining possession thereof, moveable and immoveable property, present and future, to secure the payment of the bonds or securities issued, give a part only of such guarantees for the same objects, and constitute such hypothec, mortgage or pledge by trust deed in accordance with the Special Corporate Powers Act (chapter P-16) or any act that may replace it;

(i)  invest its funds in the securities contemplated in paragraphs a to g of article 981o of the Civil Code and also in the securities of corporations holding or administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate moveable or immoveable property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations or the Mortmain Act;

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage or cemetery;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on its immoveables or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  provide for the sustenance and support of the pastor or ministering cleric of the parish or chapelry whose property it holds, the clerics who conduct divine service there and the persons in its employ;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a savings and credit union which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that savings and credit union;

(u)  contribute to a pension fund or a group insurance plan for the benefit of its employees, the pastor, the ministering cleric or the clerics attached to the parish or chapelry whose property it holds.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4; 1981, c. 14, s. 26.

1977-12-31

18. Every fabrique shall have the powers, rights and privileges of an ecclesiastical corporation, and may, in particular, for its purposes:

(a)  have a seal and alter it at will;

(b)  appear before the courts;

(c)  acquire, establish, erect, possess, maintain, administer and manage churches, chapels, parsonages, cemeteries, burial vaults and other buildings;

(d)  bind itself and bind others towards it in any legal manner and especially by bill of exchange, note or other negotiable instrument;

(e)  borrow money on its credit by any method recognized by law;

(f)  hypothecate or pledge its immoveables, give in security or otherwise encumber its moveable property to secure the payment of its loans or the carrying out of its obligations;

(g)  issue bonds or other titles of indebtedness or securities and sell, exchange, mortgage or pledge the same;

(h)  notwithstanding the provisions of the Civil Code, hypothecate, mortgage or pledge, while retaining possession thereof, moveable and immoveable property, present and future, to secure the payment of the bonds or securities issued, give a part only of such guarantees for the same objects, and constitute such hypothec, mortgage or pledge by trust deed in accordance with the Special Corporate Powers Act (chapter P-16) or any act that may replace it;

(i)  invest its funds in the securities contemplated in paragraphs a to g of article 981o of the Civil Code and also in the securities of corporations holding or administering ecclesiastical or religious property;

(j)  assist any person pursuing any object similar to any of its own, cede any property, gratuitously or not, and make loans to, and secure or guarantee the obligations and commitments of such person;

(k)  accept any gift, legacy or other liberality;

(l)  acquire, establish, maintain, administer and manage any work relating to its objects;

(m)  acquire, possess, lease, hold, administer and alienate moveable or immoveable property, by any legal means and by any title, without being subject to the Act respecting lands of religious congregations or the Mortmain Act;

(n)  acquire by expropriation, in conformity with the Act respecting lands of religious congregations, such land as may be designated by the bishop for the site or enlargement of a church, parsonage or cemetery;

(o)  erect, hold, repair, equip, improve, transform and utilize any buildings and works suitable for the pursuit of its objects on its immoveables or on those of which it has the enjoyment, and contribute to or aid in any manner in the erection, equipment and maintenance of such works and buildings;

(p)  provide for the sustenance and support of the pastor or ministering cleric of the parish or chapelry whose property it holds, the clerics who conduct divine service there and the persons in its employ;

(q)  cede gratuitously or for a consideration all or part of its undertakings;

(r)  make with any public authority arrangements calculated to further the pursuit of its ends, carry out the same and exercise the rights and privileges and fulfil the obligations resulting therefrom;

(s)  approve, apply for and obtain any statute, ordinance, order, regulation or authorization or provision, legislative or administrative, which may seem calculated to benefit it directly or indirectly and oppose any proceeding or application of such a nature as directly or indirectly to prejudice its interests;

(t)  be a member of a mutual fire insurance company or be a member of a savings and credit union which is a registered institution within the meaning of the Deposit Insurance Act (chapter A-26), and deposit all or part of its funds in that savings and credit union;

(u)  contribute to a pension fund or a group insurance plan for the benefit of its employees or the clerics attached to the parish or chapelry whose property it holds.

1965 (1st sess.), c. 76, s. 18; 1966-67, c. 82, s. 7; 1968, c. 78, s. 5; 1973, c. 71, s. 4.