CHAPTER 237.

An Act respecting the Property of Religious Institutions.

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Conveyance for site of church, etc., to be made to trustees, s. 1.
Trustees:
Powers, s. 1.
Change of number, ss. 2-7.
Mortgages, s. 8.
Leases, ss. 9-12.
Sales, ss. 13, 14.
Assent of congregation, s. 14.
Appointment of trustees, ss. 15-17.
Trustees for separate congregations, s. 18.
Registration of deeds, ss. 19, 20.
Accounts of trustees, s. 21.
Powers as to holding land, s. 23
Acts as to religious bodies not affected, s. 22.
Powers as to holding land, s. 23.
Trustees for adjoining burial grounds, ss. 24, 25.
Application of Act to Church of England, s. 26.
Application of Act to Roman Catholic Church, s. 27.

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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows:--

1. Where any religious society or congregation of Christians in Ontario desires to take a conveyance of land for the site of a church, chapel, meeting-house, burial-ground, residence for a minister, book-store, printing or publishing-office, or for any other religious or congregational purpose whatever, such society or congregation may appoint trustees, to whom, and their successors, to be appointed in such manner as may be specified in the deed of conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed ; and such trustee and their successors in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions for the protection thereof, and of their property therein. R. S. 0. 1877, c. 216, s. 1.

2. Any congregation or society of Christians entitled to, the benefit of any lands held under the provisions of this Act, or otherwise, may from time to time, by a resolution passed by a two-thirds vote of the persons entitled to vote in respect of the appointment of trustees, increase or decrease the number of trustees by the deed or otherwise to be appointed for the purpose of holding such lands ; or may in like manner fix the number of trustees in case the deed makes no provisions as to their number. 42 V. c. 36, s. 1.

3. No such resolution shall be passed unless the said meeting has been duly notified in the same manner as a meeting for the election of trustees for such lands is required to be notified, or unless notice has been given at the time of such notification that a proposal for increasing (or decreasing or determining, as the case may be) the number of the trustees, will be considered at the meeting. 42 V. c. 36, s. 2.

4. In case the resolution passed provides for the appointment of more trustees than are authorized by the deed, or more than there are in fact if the number is not limited by the deed, the same shall take effect forthwith ; and the additional trustees to be appointed may be elected at the meeting at which the resolution is passed or at a subsequent meeting: if the resolution provides for a smaller number of trustees than the deed provides for, then the resolution shall not take effect until vacancies occur, by death or otherwise, reducing the number of trustees to the number provided for by the resolution ; and no other trustees shall be appointed under the authority of this Act until the number of trustees has been reduced as aforesaid below the number authorized by the resolution. 42 V. c. 36, s. 3.

5. A record of the proceedings of the meeting shall be made out in writing, and entered and transcribed in the minute book or other official register of the acts and proceedings of the congregation or society, and shall be signed by the chairman and secretary thereof, and shall thereafter be deposited of record among the archives of the congregation or society, and a copy of such record, certified to be a true copy by the chairman or secretary, on oath (or affirmation) before a Justice of the Peace, may be recorded in the registry office of the registry division in which the property is situate. 42 V. c. 36, s. 4.

6. A copy of such proceedings taken from the minute book or other official register of the congregation, and certified by the clerk or custodian of the records of the congregation, or a copy certified by the registrar of the registry division wherein the same has been registered under the preceding section, shall be prima facie evidence of the contents thereof. 42 V. c. 36, s. 5.

7. The provisions contained in the preceding five sections in this Act shall not be construed so as in any way to repeal, alter, affect, or vary any of the provisions in any special Act contained with reference to any religious body or congregation of Christians in this Province. 42 V. c. 36, s. 6.

8.--(1) Where a debt has heretofore been or is hereafter contracted for the building, repairing, extending or improving of a church, meeting-house, chapel, book-store, printing-office or other building on land held by trustees for the benefit of any religious society in Ontario, or for the purchase of the land on which the same has been or is intended to be erected, the trustees, or a majority of them, may from time to time secure the debt or any part thereof by a mortgage upon the land, church, meeting-house, chapel, book-store, printing-office or other building ; or may borrow money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage upon such terms as may be agreed upon. R.S.O. 1877, c. 216, s. 2.
(2) The authority conferred by this section to mortgage land as security for a debt contracted for the building, repairing, extending or improving of a church, meeting-house, chapel, book-store, printing-office or other building on land held for the benefit of the society, shall extend to any land so held, although the church, or other building, in respect of which the debt is contracted, is not erected on the said land. 42 V. c. 36, s. 7.

9. The grantees in trust named in any letters patent from the Crown, or the survivors or survivor of them, or the trustees for the time being, appointed in manner prescribed in the letters patent, whereby lands are granted for the use of a congregation or religious body, and any other trustees for the time being entitled by law to hold lands in trust for the use of a congregation or religious body, may lease, for any term not exceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rents and upon such terms as the trustees or a majority of them deem reasonable. R. S. 0. 1877, c. 216, s. 3.

10. In such lease the trustees may covenant or agree for the renewal thereof at the expiration of any or every term of years, for a further term of twenty-one years or a less period, at such rent and on such terms as may then, by the trustees for the time being, be agreed upon with the lessee, his heirs, executors, administrators or assigns, or may consent or agree for the payment to the lessee, his executors, administrators or assigns, of the value of any buildings or other improvements which may at the expiration of any term, be on the demised premises ; and the mode of ascertaining the amount of such rents or the value of such improvements may also be specified in the original lease. R. S. 0. 1877, c. 216, s. 4.

11. The trustees shall not so lease without the consent of the congregation or religious body for whose use they hold the land in trust, and such consent shall be signified by the votes of a majority of the members present at a meeting of the congregation or body, duly called for the purpose ; nor shall the trustees lease any land which, at the time of making the lease, is necessary for the purpose of erecting a church or place of worship or other building thereon, or for a burial ground for the congregation for whose use the land is held. R.S.O. 1877 c. 216, s. 5.

12. The trustees for the time being entitled by law to hold land in trust for a congregation or religious body, may, in their own names, or by any name by which they hold the land, sue or distrain for rent in arrear, and may take all such means for the recovery thereof as landlords in other cases are entitled to take. R. S. 0. 1877, c. 216, s. 6.

13.--(l) Where land held by trustees for the use of a congregation or religious body becomes unnecessary to be retained for such use, and it is deemed advantageous to sell the land, the trustees for the time being may give public notice of an intended sale specifying the premises to be sold and the time and terms of sale ; and after publication of the notice for four successive weeks in a weekly paper published in or near the place where the lands are situated, they may sell the land at public auction according to the notice ; but the trustees shall not be obliged to complete or carry a sale into effect, if in their judgment an adequate price is not offered for the land ; but this provision shall not affect or vary any special powers or trusts for sale contained in any deed or instrument, and inconsistent herewith. R. S. 0. 1877, c. 216, s. 7.
(2) The trustees may thereafter sell the land either by public or private sale ; but a less sum shall not be accepted at private sale than was offered at public sale. R. S. 0. 1877, c. 216, s. 8.

14.--(l) Before any conveyance is executed in pursuance of a public or private sale, the congregation or religious body for whose use the lands are held shall be duly notified thereof, and its assent obtained to the execution of the said deed, and such assent shall be signified by the votes of a majority of the members present at a meeting of the congregation or body duly called for the purpose.
(2) Such assent shall be held in favour of the grantee and his assigns to be conclusively testified by the execution of the deed by the chairman at such meeting, or by the official head of such religious body, or by some person appointed at such meeting for the purpose ; and the person assuming to execute the deed as chairman, official head or appointee, shall be presumed to be such chairman, official head or appointee, as the case may be.
(3) Instead of such assent of the congregation or religious body aforesaid, it shall be sufficient for the validity of any such conveyance, that the sale be sanctioned and the deed approved of by the Judge of the County Court of the county in which the land sold is situate. R. S. 0. 1877, c. 216, s. 9.

15. It shall be lawful for any congregation or society of Christians of any denomination, on whose behalf lands in this Province are now, have been, or hereafter may be held by a trustee or trustees, without the manner of appointing successors being set forth in the grant, conveyance, will or devise of such lands, or who are or may be entitled to any lands without being a body corporate, at any time hereafter to assemble in a public meeting duly convened by notice in writing, signed by at least five members of such congregation or society, and affixed to the door of their place of worship, at least eight days previous to the day appointed for holding such meeting ; and at such meeting, by the votes of a majority of the members of such congregation or society then and there present, to determine in what manner the successors to such trustee or trustees shall be appointed out of the members of the religious denomination on whose behalf such lands were originally granted, conveyed or conceded, or to appoint a trustee or trustees of any lands to which the said congregation or society is entitled, and their successors in the trust. R. S. 0. 1877, c. 216, s. 10.

16.--(1) A record of the proceedings of the meeting shall be made out in writing, and entered and transcribed in the minute book or other official register of the acts and proceedings of the congregation or society, and shall be signed by the chairman and secretary thereof, and shall thereafter be deposited of record among the archives of the congregation or society, and a copy of such record, certified to be a true copy by the chairman or secretary, on oath (or affirmation) before a Justice of the Peace, shall be recorded in the registry office of the registry division in which the property is situate.
(2) A copy of the proceedings taken from the minute book or other official register of the congregation, and certified by the clerk or custodian of the records of the congregation, or a copy certified by the registrar of the registry division wherein the same has been registered, according to this section, shall be prima facie evidence of the contents thereof. R. S. 0. 1877, c. 216, s. 11.

17. Such determination shall, in every such case, have the same effect as a clause in the grant, concession or conveyance of the lands to which it relates, setting forth the manner of appointing successors to the trustee or trustees named, would have ; and any lands to which any religious congregation or society, not being incorporated, is entitled, shall from time to time vest in and be held by the trustee or trustees to be appointed as hereinbefore mentioned, and in the successors in the trust, immediately upon the registration of the proceedings in the last preceding section mentioned, and without any or further conveyance or instrument whatsoever. R. S. 0. 1877, c. 216, s. 12.

18. Where members or adherents in any locality of two or more religious societies desire to build a house for public worship, it shall be lawful for each of the societies respectively to appoint from time to time one trustee in the manner and form prescribed in this Act, and the trustees of the religious bodies so united shall have the like powers as are conferred on trustees under this Act, and no others ; and as to any act, deed or thing to be done or made by trustees under this Act which requires the sanction or assent of the congregation or religious body, the trustees under this section shall obtain the sanction or assent of each and every of the congregations or religious bodies so united, to be ascertained and signified in the manner hereinbefore mentioned. R. S. 0. 1877, c. 216, s. 13.

19.--(l) All deeds of conveyance executed before the 29th day of March, 1873, for any of the uses, interests or purposes enumerated therein, if the same were registered before the 30th of March 1874, shall be as valid and effectual, as if registered within twelve months after the execution thereof respectively, except in so far as the same may be affected by the prior registration of other deeds or instruments relating to the same lands respectively.
(2) But in all cases where any such religious bodies had not erected any buildings or made improvements, and any person claiming to hold or to be entitled to any real estate or property included in any such deed on account of the omission to register the same, had, in virtue of such claim, taken possession of such real estate before the said 29th day of March, 1873, and also in all cases where the persons claiming to hold or to be entitled to such real property, on account of such omission as aforesaid, had actually sold or departed with, or had actually contracted to sell or depart with such real estate before the said date, the provisions of this section shall not extend to render invalid any right or title to such estate, but such right or title shall be taken and adjudged to be as if this Act had not been passed. R. S. 0. 1877, c. 216, s. 14.

20. The trustees of any lands to which the provisions of this Act apply, shall, within twelve months after the execution of the conveyance, cause the deed to be registered in the office of the registrar of the registry division in which the land is situate, or otherwise the same shall be void ; and further, the deed shall be subject to the law affecting priority of registration in the same manner as if made between private parties. R. S. 0. 1877, c. 216, s. 15.

21. Trustees selling or leasing land under the authority of this Act shall, on the first Monday in July in every year, have ready and open for the inspection of the congregation or religious body which they represent, or of any member thereof, a detailed statement shewing the rents which accrued during the preceding year, and all sums of money whatever in their hands, for the use and benefit of the congregation or religious body, which were in any manner derived from the lands under their control or subject to their management, and also shewing the application of any portion of the money which has been expended on behalf of the congregation or body. R. S. 0. c. 216. s. 16.

22. This Act shall not be construed so as in anywise to repeal, alter, affect or vary any of the provisions in any special Act contained with reference to any religious body or congregation of Christians in this Province, but, on the contrary, any of the said provisions, while differing from or inconsistent with any of the provisions of this Act, shall prevail, and when any additional rights or privileges are conferred by this Act. these shall be construed as supplementary to the provisions in any such special Act ; and in every case the special trusts or powers of trustees contained in any deed, conveyance, or other instrument, shall not be affected or varied by any of the provisions of this Act. R. S. 0. 1877, c. 216, s. 18.

23. Any religious society or congregation of Christians in Ontario may by the name thereof, or in that of trustees, from time to time take or hold, by gift, devise or bequest, any lands or tenements, or interests therein, if such gift, devise or bequest is made at least six months before the death of the person making the same, but the said religious society or congregation shall at no time take or hold by any gift, devise or bequest, that the annual value of any lands or tenements or interests therein, so to be taken or held by gift, devise or bequest, at any one time exceeds in the whole the sum of $1,000 ; and no lands or tenements, or interests therein, (other than land used for any purpose specially mentioned in section 1 of this Act) acquired by gift, devise or bequest, shall be held by the said religious society or congregation for a longer period than seven years after the acquisition thereof ; and within such period they shall respectively be absolutely disposed of by the said religious society or congregation, which shall have power in the name thereof, or in that of the trustees for said society or congregation, to grant and convey the said lands to any purchaser, so that it no longer retains any interest therein: and the proceeds on such disposition shall be invested in public securities, municipal debentures, or other approved securities, not including mortgages, for the use of the said society or congregation ; and such lands, tenements, or interests therein, or such thereof as have not, within the said period, been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns. R. S. 0. 1877, c. 216, s. 19.

24. Whenever any two or more different parcels of land adjoining each other, or in the same neighbourhood, are held as sites for burial grounds by different bodies of trustees, whether of the same denomination, society or congregation, or of different, denominations, societies, or congregations of Christians, and such trustees think it desirable that for purposes of economic management, or any other reason, such parcels should be vested in one body of trustees, such two or more bodies of trustees, or the majority of each of such bodies, may, by deed under their hands, appoint trustees to whom and their successors, to be appointed in such manner as may be specified in such deed, all or any of the lands vested in such appointing bodies of trustees as sites for burial grounds may be conveyed, and such trustees so by such deed appointed, and their successors in perpetual succession by the name expressed in the deed, may take, hold and possess the lands thereby or thereafter conveyed to them as a site or sites for a burial ground, and maintain and defend actions for the protection thereof and of their property therein, and the said several appointing bodies of trustees may, in or by the same deed of appointment, or by any other deed or deeds, convey and assure all or any of the parcels of land so as aforesaid vested in them respectively to such trustees so appointed and their successors upon, with and subject to such trusts, powers, limitations and provisions not inconsistent with the purposes of a burial ground, as shall by the parties thereto be deemed proper. 4.5 V. c. 31, s. 1.

25.--(1) No such deed of appointment of trustees, and no such conveyance or assurance, shall be made or executed by any body, or the majority of any body, of trustees, unless or until the congregation or religious body for whose use the lands are held shall be duly notified thereof, and its assent obtained for the execution of such deed of appointment, or of such conveyance or assurance, and such assent shall be signified by the votes of a majority of the members present at a meeting of the congregation or body duly called for the purpose.
(2) Such assent shall be held in favour of such new trustees and their successors to be testified by the execution of said deed by the chairman at such meeting, or by the official head of such religious body, or by some person appointed at such meeting for the purpose ; and the person assuming to execute said deed as chairman, official head, or appointee, shall be presumed to be such chairman, official head, or appointee as the case may be. 45 V. c. 31, s. 1.

26.--(1) All the rights, powers, and privileges, conferred upon any religious society or congregation of Christians by this Act, shall extend and apply to the Church of England in this Province, formerly or otherwise called the United Church of England and Ireland in Canada, or the United Church of England and Ireland in Upper Canada, or the Church of England in Upper Canada. 41 V. c. 25, s. 1.
(2) The parson or other incumbent of the church for the time being and the churchwardens thereof, shall, for the purpose of this Act, be deemed and taken to be trustees within the meaning thereof.
(3) In cases within section 16 of the Act passed in the third year of Her Majesty's reign, chapter 74, and intituled An Act to make provision for the management of the Temporalities of the United Church of England and Ireland in this Province etc., the Bishop, or Parson, Rector or Incumbent, or any successor or other person in whom the legal title or estate is vested, by, from or under any of them, shall also be deemed and taken to be a trustee, by whom the like rights and powers of trustees, may be exercised equally as in the case of such trustees. 42 V. c. 37, s. 1.
(4) In cases of property vested in the Bishop of any diocese in trust, not covered by the preceding sub-section, the Bishop shall also be deemed and taken to be a trustee by whom the like powers of trustees under this Act may be exercised equally, as in the case of such trustees.
(5) In cases of property vested in the Synod of any diocese within the Act passed in the 7th year of Her Majesty's reign, chapter 68, intituled An Act to incorporate the Church Societies of the United Church of England and Ireland in the Dioceses of Quebec and Toronto, and the Act passed in the 32nd year of Her Majesty's reign, chapter 51, intituled An Act to incorporate the Synod of the Diocese of Toronto and to unite the Church Society of the Diocese of Toronto therewith, the synod shall also be deemed and taken to be a trustee, by whom the like rights and powers of trustees under this Act may be exercised equally, as in the case of such trustees ; and the powers of the synod under this sub-section may be exercised by and through such boards and committees as the synod may, from time to time, by by-law appoint for that purpose. 49 V. c. 48, s. 1.
(6) Provided always, that land shall not be sold, mortgaged, leased, or otherwise encumbered, under the powers conferred by this Act, except with the consent of the vestry of the church or congregation interested therein, and of the Bishop of the diocese, and the executive committee of the synod of the diocese ; and it is hereby declared, that the consent or assent of the vestry, given in accordance with the rules and canons of the said Church, shall be deemed to be the consent or assent of the congregation within the meaning of the said Act, and the execution of the deed by the Bishop, and by the secretary or secretaries of the synod, or a memorandum of consent endorsed thereon and signed by them, shall, in favour of the grantee and his assigns, be conclusive evidence of the consent or assent of the Bishop and executive committee. 41 V. c. 25 s. 2.

27. All the rights and privileges conferred upon any religious society or congregation of Christians in section 1 of this Act mentioned, shall extend, in every respect, to the Roman Catholic Church, to be exercised according to the government of the said Church. R. S. 0. 1877, c. 216,. s. 17.

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© Queen's Printer for Ontario, 1887. This is an unofficial version of Government of Ontario legal materials.