Religious Organizations' Lands Act, R.S.O. 1990, c. R.23

• Jurisdiction: Ontario

Religious Organizations’ Lands Act

R.S.O. 1990, Chapter R.23

Consolidation Period: From December 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 33, Sched. 2, s. 65.

Definitions

1 (1) In this Act,

“meeting” means a meeting of the members of a religious organization that has been called by notice in accordance with section 18; (“assemblée”)

“religious organization” means an association of persons,

(a) that is charitable according to the law of Ontario,

(b) that is organized for the advancement of religion and for the conduct of religious worship, services or rites, and

(c) that is permanently established both as to the continuity of its existence and as to its religious beliefs, rituals and practices,

and includes an association of persons that is charitable according to the law of Ontario and that is organized for the advancement of and for the conduct of worship, services or rites of the Buddhist, Christian, Hindu, Islamic, Jewish, Baha’i, Longhouse Indian, Sikh, Unitarian or Zoroastrian faith, or a subdivision or denomination thereof; (“organisation religieuse”)

“trustees” means the trustees appointed by a religious organization to acquire, hold and possess land for its benefit, and includes their successors. (“fiduciaires”)

Idem

(2) In interpreting clause (a) of the definition of “religious organization” in subsection (1), an organization does not cease to be charitable for the reason only that activities that are not charitable but are merely ancillary to a charitable purpose are carried on in conjunction with a charitable purpose.

Derivative organizations

(3) Where a separate religious organization is formed out of an existing religious organization, whether voluntarily or otherwise, and the new organization meets the requirements of clauses (a) and (b) of the definition of “religious organization” in subsection (1), it shall nevertheless be considered to be a religious organization for the purposes of this Act. R.S.O. 1990, c. R.23, s. 1.

Acquisition and holding of land

2 A religious organization may acquire and hold land for the purpose of,

(a) a place of worship;

(b) a residence for its religious leader;

(c) a burial or cremation ground;

(d) a bookstore or a printing or publishing office;

(e) a theological seminary or similar institution of religious instruction;

(f) a religious camp, retreat or training centre; or

(g) any other religious purpose,

in the name of trustees, individually or by collective designation, and their successors in perpetual succession for the benefit of the religious organization. R.S.O. 1990, c. R.23, s. 2.

Appointment and tenure of trustees

3 (1) A religious organization may by resolution adopted at a meeting of the organization,

(a) appoint trustees and fill any vacancy in the office of trustee;

(b) provide for the retirement or removal of trustees and for the appointment of their successors;

(c) remove any trustee from office;

(d) decrease or increase the number of trustees;

(e) confer upon trustees the power to acquire, hold and possess land for one or more of the purposes set out in section 2.

Termination of office

(2) Unless the constitution or a resolution of the religious organization otherwise provides, a trustee holds office until he or she dies, resigns or ceases to be a member of the organization.

Powers of trustees where vacancy

(3) Where a vacancy occurs in the number of the trustees of a religious organization, until the vacancy is filled, the remaining trustees then in office have all the estate in and title to the land of the organization and have all the powers conferred by this Act with respect thereto as were originally vested in the whole number.

Powers of successor trustees

(4) A trustee appointed to fill a vacancy together with the trustees originally appointed or subsequently appointed and who remain in office have all the estate, title and powers vested in the original trustees.

Vesting of land in successor trustees

(5) Where no trustees of a religious organization remain in office, the land to which the organization is entitled vests automatically in trustees subsequently appointed by the organization and their successors without the necessity of any conveyance.

Where successor trustees not provided for

(6) Where a religious organization is entitled to land and the manner of appointing trustees or their successors is not set out in the instrument granting or devising the land, it vests automatically in the trustees appointed under subsection (1) and their successors to be held in trust for the organization without the necessity of any conveyance. R.S.O. 1990, c. R.23, s. 3.

Property vested in one person

4 Where, under the constitution, customs or practices of a religious organization, its property is vested in one person, the person shall be deemed to be a trustee and has the powers and duties of trustees under this Act. R.S.O. 1990, c. R.23, s. 4.

Joint trustees

5 (1) Each of two or more religious organizations may by resolution appoint joint trustees and provide for the appointment of their successors and may enter into agreements respecting the holding of land for their joint benefit by such joint trustees for any of the purposes enumerated in section 2 and all the provisions of this Act apply with necessary modifications to such joint trustees.

Conveyance to joint trustees

(2) Where land referred to in subsection (1) was, before the agreement, held by different bodies of trustees, the religious organizations may direct them in the agreement or otherwise to convey or transfer the land to the joint trustees appointed in accordance with subsection (1)...