2014-c.136 Women’s Institute and Institut féminin Act N.B.

Current to 2024-06-27

Contents
s. 1 — Definitions

The following definitions apply in this Act. R.S.1973, c.W-11, s.1; 1983, c.96, s.1; 1986, c.8, s.132; 1990, c.11, s.2; 1996, c.25, s.36; 2000, c.26, s.283; 2007, c.10, s.89; 2010, c.31, s.124; 2017, c.63, s.57; 2019, c.2, s.148

s. 1 — board

“Board” means the Provincial Advisory Board established under subsection 7(1) or 8(1). (Commission)

s. 1 — director

“Director” means the person designated by the Minister as the Director for the purposes of this Act. (directeur)

s. 1 — executive

“executive” means the officers of an Institute. (bureau)

s. 1 — institute

“Institute” means a Branch Women’s Institute or a Branch Institut féminin incorporated under this Act. (institut)

s. 1 — institut-f-minin

“Institut féminin” means the Institut féminin francophone du Nouveau-Brunswick. (Institut féminin)

s. 1 — minister

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)

s. 1 — women-s-institute

“Women’s Institute” means the New Brunswick Women’s Institute. (Women’s Institute)

s. 2 — The New Brunswick Women’s Institute

There shall be a provincial organization called the New Brunswick Women’s Institute that shall have the power, subject to the approval of the Minister, to make a constitution and provide by-laws not inconsistent with this Act for its own government on provincial, district and branch levels. R.S.1973, c.W-11, s.3; 1990, c.11, s.3

s. 3 — Continuation of Women’s Institute

The body corporate established as the Women’s Institute under the English version of section 3.1 of the Women’s Institute Act, as that section was enacted by section 1 of An Act to Amend the Women’s Institute Act, chapter 55 of the Acts of New Brunswick, 1980, and as the Institut féminin under the French version of section 3.1 of the Women’s Institute Act, as that section was enacted by section 1 of An Act to Amend the Women’s Institute Act, chapter 55 of the Acts of New Brunswick, 1980, is continued as the Women’s Institute. 1980, c.55, s.1; 1990, c.11, s.4

s. 4 — The Institut féminin francophone du Nouveau-Brunswick

There shall be a provincial organization called the Institut féminin francophone du Nouveau-Brunswick that shall have the power, subject to the approval of the Minister, to make a constitution and provide by-laws not inconsistent with this Act for its own government on provincial, district and branch levels. 1990, c.11, s.5

s. 5 — Institut féminin a body corporate

The Institut féminin is a body corporate. 1990, c.11, s.5

s. 6 — District organizations

There shall be district organizations consisting of groups of neighbouring Institutes. R.S.1973, c.W-11, s.4

s. 7 — Provincial Advisory Board in relation to the Women’s Institute

R.S.1973, c.W-11, s.5; 1990, c.11, s.6

s. 7(1) — Provincial Advisory Board in relation to the Women’s Institute

There shall be a Provincial Advisory Board in relation to the Women’s Institute consisting of the Minister or the Minister’s representative, the Director, the executive of the Women’s Institute, the immediate past president of the Women’s Institute and the provincial area directors of the Women’s Institute.

s. 7(2) — Provincial Advisory Board in relation to the Women’s Institute

The officers of the Board shall be, by virtue of the office, the officers of the Women’s Institute.

s. 7(3) — Provincial Advisory Board in relation to the Women’s Institute

The Board shall advise the Minister on matters arising in connection with the Women’s Institute and shall attend to such matters as may be directed or authorized by the constitution and by-laws of the Women’s Institute or by a resolution of the Women’s Institute.

s. 8 — Provincial Advisory Board in relation to the Institut féminin

1990, c.11, s.7

s. 8(1) — Provincial Advisory Board in relation to the Institut féminin

There shall be a Provincial Advisory Board in relation to the Institut féminin consisting of the Minister or the Minister’s representative, the Director, the executive of the Institut féminin, the immediate past president of the Institut féminin and the provincial area directors of the Institut féminin.

s. 8(2) — Provincial Advisory Board in relation to the Institut féminin

The officers of the Board shall be, by virtue of the office, the officers of the Institut féminin.

s. 8(3) — Provincial Advisory Board in relation to the Institut féminin

The Board shall advise the Minister on matters arising in connection with the Institut féminin and shall attend to such matters as may be directed or authorized by the constitution and by-laws of the Institut féminin or by a resolution of the Institut féminin.

s. 9 — Meetings of Boards

The members of both Provincial Advisory Boards shall meet at least once a year at the call of the Director. 1990, c.11, s.7

s. 10 — Branch Institutes

The Institutes serving communities shall be Branch Institutes of the Women’s Institute or the Institut féminin, as the case may be. R.S.1973, c.W-11, s.6; 1990, c.11, s.8

s. 11 — Objects of Institutes

The objects of the Women’s Institute and of the Institut féminin are R.S.1973, c.W-11, s.7; 1990, c.11, s.9

s. 11(a) — Objects of Institutes

(a) to raise the standard and develop a greater appreciation of homemaking,

s. 11(b) — Objects of Institutes

(b) to develop better informed, happier and more efficient citizens,

s. 11(c) — Objects of Institutes

(c) to develop a more abundant life in communities,

s. 11(d) — Objects of Institutes

(d) to discover, stimulate and develop leadership, and

s. 11(e) — Objects of Institutes

(e) to promote national and international understanding, tolerance and goodwill.

s. 12 — Character of Institutes

The Women’s Institute and the Institut féminin shall be nonsectarian, nonpartisan and nonracial. R.S.1973, c.W-11, ss.8(1); 1990, c.11, s.10

s. 13 — Motto of Institutes

R.S.1973, c.W-11, ss.8(2), (3); 1990, c.11, s.10

s. 13(1) — Motto of Institutes

The motto of the Women’s Institute is “For Home and Country”.

s. 13(2) — Motto of Institutes

The motto of the Institut féminin is “Pour le foyer et la patrie”.

s. 14 — Director and other officers

R.S.1973, c.W-11, s.9; 1990, c.11, s.11

s. 14(1) — Director and other officers

The Minister shall designate a person as Director for the purposes of this Act.

s. 14(2) — Director and other officers

On the recommendation of the Minister, the Lieutenant-Governor in Council may appoint other officers to assist in carrying out this Act.

s. 15 — Incorporation of Institute already in existence

The Minister may declare an Institute already in existence but not incorporated under this Act to be incorporated under this Act, and after that this Act applies to that Institute. R.S.1973, c.W-11, ss.10(1)

s. 16 — Deemed to be an Institute already in existence

R.S.1973, c.W-11, ss.10(2), (3)

s. 16(1) — Deemed to be an Institute already in existence

A voluntary association, club, institute, organization or society is deemed to be an Institute already in existence if

s. 16(1)(a) — Deemed to be an Institute already in existence

(a) it was formed for the objects of this Act, and

s. 16(1)(b) — Deemed to be an Institute already in existence

(b) it was not incorporated under Chapter 18 of 12 George V, 1922, Chapter 95 of the Revised Statutes of New Brunswick, 1927, Chapter 15 of 25 George V, 1935 or Chapter 253 of the Revised Statutes of New Brunswick, 1952.

s. 16(2) — Deemed to be an Institute already in existence

Subject to subsection (1), anything done by a voluntary association, club, institute, organization or society is deemed to have been done by an Institute already in existence.

s. 17 — Incorporation of Institute

R.S.1973, c.W-11, s.11; 1990, c.11, s.12

s. 17(1) — Incorporation of Institute

An Institute shall be incorporated in the manner set out in subsections (2) and (3).

s. 17(2) — Incorporation of Institute

Not less than eight women who are at least 18 years of age and resident of the community to be served by the proposed Institute shall sign an application, in the form prescribed by regulation, containing the information indicated as required by the application and forward the application to the Director.

s. 17(3) — Incorporation of Institute

Each subscriber shall pay her membership fees as her first annual subscription to the funds of the proposed Institute, and the fees shall be paid to and held by one of the subscribers to the application referred to in subsection (2) in trust for the proposed Institute.

s. 18 — Organizational meetings of Institute

R.S.1973, c.W-11, s.12; 1990, c.11, s.13

s. 18(1) — Organizational meetings of Institute

When the application referred to in subsection 17(2) has been approved by the Minister, the Director shall call a meeting of the subscribers and any others who are qualified to become members of the proposed Institute and that meeting shall be the organizational meeting of the Institute.

s. 18(2) — Organizational meetings of Institute

Within two weeks after the organizational meeting referred to in subsection (1), the secretary of that meeting shall forward to the Director a list of the members, executive and committees elected or appointed at that meeting.

s. 19 — Certificate of incorporation

R.S.1973, c.W-11, s.13, s.14; 1990, c.11, s.14

s. 19(1) — Certificate of incorporation

If the Minister approves the application referred to in subsection 17(2), the Minister may issue a certificate of incorporation, in the form prescribed by regulation, which shall be registered in the office of the Director and then forwarded to the subscribers to the application to be entered in the minute book of the Institute.

s. 19(2) — Certificate of incorporation

On the issue of the certificate referred to in subsection (1), the Institute shall be a body corporate with the name set out in that certificate.

s. 20 — Organization of Institute by a member of the Board

Any member of either Provincial Advisory Board may organize an Institute, with the approval of the Director, and the Department of Agriculture, Aquaculture and Fisheries shall pay the expenses incurred in doing so. R.S.1973, c.W-11, s.15; 1986, c.8, s.132; 1990, c.11, s.15; 1996, c.25, s.36; 2010, c.31, s.124

s. 21 — Change of name of Institute

R.S.1973, c.W-11, s.16; 1990, c.11, s.16

s. 21(1) — Change of name of Institute

When an Institute obtains a certificate of approval to change its name from the Minister, that Institute may change its name.

s. 21(2) — Change of name of Institute

The certificate referred to in subsection (1) shall be registered in the office of the Director and entered in the minute book of the Institute in the same manner as the original certificate of incorporation.

s. 22 — Power of Institute respecting property

R.S.1973, c.W-11, s.17, s.18; 1990, c.11, s.17

s. 22(1) — Power of Institute respecting property

An Institute may hold the real and personal property as may be necessary for its objects and may receive and hold real and personal property by grant, gift, legacy or devise and, subject to this Act, may use that property or any part of that property in furtherance of its objects and may dispose of any part of that property not necessary for its objects.

s. 22(2) — Power of Institute respecting property

The executive may sell, mortgage, let or dispose of real property of the Institute by a resolution passed at a special meeting of the Institute called for the purpose of considering the resolution and for which one month’s notice has been given by the secretary of the Institute, if the Minister approves the resolution.

s. 22(3) — Power of Institute respecting property

Subsection (2) does not prohibit the executive from letting premises for a meeting or convention if the letting does not interfere with the business or meetings of that Institute.

s. 23 — Annual meeting of Institute

R.S.1973, c.W-11, s.19

s. 23(1) — Annual meeting of Institute

Subject to subsection (2), an Institute shall hold its annual meeting during the month of April at the time and place as has been set by a resolution passed at a meeting of the Institute.

s. 23(2) — Annual meeting of Institute

The secretary of the Institute shall give at least one week’s notice of the meeting at which the resolution to set the time and place of the annual meeting of the Institute is to be considered.

s. 24 — Dissolution of Institute by Minister

R.S.1973, c.W-11, s.20, s.21; 1990, c.11, s.18, s.19

s. 24(1) — Dissolution of Institute by Minister

If an Institute does not make the returns required by its by-laws to the Director for two consecutive years, the Minister may dissolve the Institute.

s. 24(2) — Dissolution of Institute by Minister

When the Minister is of the opinion that an Institute should be dissolved, the Minister may order the cancellation of the certificate of incorporation of that Institute on a day to be named by the Minister, and, on the order being registered in the manner provided in this Act for the registration of a certificate of incorporation, the Institute shall cease to exist, subject to any liabilities previously incurred.

s. 25 — Liquidator
s. 25(1) — Liquidator

On the dissolution of an Institute, the Minister may appoint a liquidator to adjust and settle the assets and liabilities of the Institute.

s. 25(2) — Liquidator

With the approval of the Minister, the liquidator has the power to sell, dispose of, transfer and convert into money all the assets and property of the Institute.

s. 25(3) — Liquidator

The liquidator shall apply the money, firstly in payment of his or her remuneration, which shall be fixed by the Minister, and secondly in payment of the liabilities of the Institute, and the surplus, if any, shall be held in trust by the Minister for Institute work in the locality in which the money was raised.

s. 25(4) — Liquidator

At the end of ten years, any amount not used for the purposes referred to in subsection (3) shall be paid into the Women’s Institute Fund or the Fund of the Institut féminin, as the case may be. R.S.1973, c.W-11, s.22; 1990, c.11, s.20

s. 26 — Dissolution of Institute by special resolution

An Institute, by special resolution passed at a meeting of the Institute for which one month’s notice has been given by the secretary of the Institute, may surrender its certificate of incorporation and the Minister may accept the surrender of the certificate, cancel it and set the day on which the Institute shall be dissolved after being satisfied that R.S.1973, c.W-11, s.23

s. 26(a) — Dissolution of Institute by special resolution

(a) sufficient notice of the Institute’s intention has been given,

s. 26(b) — Dissolution of Institute by special resolution

(b) no debts or liabilities of the Institute are outstanding, and

s. 26(c) — Dissolution of Institute by special resolution

(c) all assets of the Institute have been disposed of.

s. 27 — Annual grant

The Department of Agriculture, Aquaculture and Fisheries shall, out of money appropriated for the purpose, pay to the General Fund of the Women’s Institute and to the General Fund of the Institut féminin an annual grant, to be fixed by or in accordance with the regulations, to be used for the promotion and operation of the Women’s Institute or the Institut féminin, as the case may be. R.S.1973, c.W-11, s.24; 1986, c.8, s.132; 1990, c.11, s.21; 1996, c.25, s.36; 2010, c.31, s.124

s. 28 — Administration

The Minister is responsible for the administration of this Act. R.S.1973, c.W-11, s.2

s. 29 — Regulations

The Lieutenant-Governor in Council may make regulations R.S.1973, c.W-11, s.25; 1983, c.8, s.35; 1990, c.11, s.22

s. 29(a) — Regulations

(a) respecting the annual grant to be paid to the General Fund of the Women’s Institute and to the General Fund of the Institut féminin under section 27;

s. 29(b) — Regulations

(b) prescribing the forms required under this Act;

s. 29(c) — Regulations

(c) generally for the better administration and carrying out of the objects of this Act.