Law:An Act to incorporate the Canadian Red Cross Society

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S.c. 1909, c. 68

Assented to 1909-05-19

An Act to incorporate the Canadian Red Cross Society

Preamble

WHEREAS an Association known as the Canadian Red Cross Society has been in operation for some years past, and was actively engaged during the late war in South Africa in contributing funds and tending the sick and wounded; and whereas the said association was in affiliation with the Society in England known as "The National Society for Aid to the Sick and Wounded in War", and the work, operations and powers of the last named Society have now been transferred to and are being carried on, under the patronage of His Majesty King Edward the Seventh, by the British Red Cross Society, with which the Canadian Red Cross Society has now become affiliated; and whereas the International Conference of Geneva of 1863 recommended: "That there should exist in every country a Committee whose mission consists in co-operating in times of war with the hospital service of the armies by all means in its power"; and whereas it is expedient that there should be a permanent organization in Canada in affiliation with the British Red Cross Society to carry out the purposes of the said treaty, and especially to secure supplies and to execute the humane objects contemplated by the said treaty, with the power to adopt and use the distinctive flag and badge specified by the said treaty in Article 7, on which shall be the sign of the Red Cross, and for the purpose of co-operating with the "Comité International de Secours aux Militaires Blessés"; and whereas it is expedient that the existing association in Canada should be incorporated for the purposes aforesaid: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:—

Incorporation Corporate name

1. His Honour Colonel John Morrison Gibson, Lieutenant Governor of the province of Ontario; Sir Louis H. Davies, Ottawa; The Honourable George W. Ross, Toronto; The Honourable Hugh John Macdonald, Winnipeg; The Honourable George A. Cox, Toronto; Colonel George Sterling Ryerson, Toronto; Lieutenant-Colonel A. E. D. Labelle, Montreal; Lieutenant-Colonel T. G. J. Loggie, Fredericton; Lieutenant-Colonel John Bayne MacLean, Toronto; Colonel Frederick Minden Cole, Montreal; Lieutenant-Colonel The Honourable John S. Hendrie, Hamilton; Lieutenant-Colonel William N. Ponton, Belleville; Lieutenant-Colonel George A. Sweny, Toronto; Lieutenant-Colonel John Irvine Davidson, Toronto; Colonel James Mason, Toronto; Colonel Sir Henry M. Pellatt, Toronto; Lieutenant-Colonel Hugh H. McLean, St. John, N.B.; Charles R. Dickson, M.D., Toronto; The Honourable George E. Foster, Toronto; Alexander MacNeill, Wiarton; The Honourable W. H. Montague, Winnipeg; Sir Charles Hibbert Tupper, Victoria; Judge D. J. Hughes, St. Thomas; Justin Miller, Mayor of Ingersoll; John George Hodgins, L.L.D., Toronto; James Algernon Temple, M.D., Toronto; Daniel R. Wilkie, Toronto; Thomas G. Roddick, M.D., Montreal; Frederick M. Montizambert, M.D., Ottawa; Henry S. Strathy, Toronto; John T. Small, K.C., Toronto; and Charles Alfred Hodgetts, M.D., Toronto; and the following ladies, president of local organizations: Mrs. H. A. Boomer, London; Mrs. Harrington, Dorchester, N.B.; Mrs. Cornelia de Lancry Smith, Moncton, N.B.; Mrs. Helen Arnold, Sussex, N.B.; Mrs. Edith Boulton Nordheimer, Toronto; Mrs. Jennie C. McFadden, Brampton; Mrs. Florence A. Robertson, Newmarket; Mrs. Emma Tyrwhitt, Bradford; Mrs. Frances M. Du Moulin, Hamilton; Mrs. Emily C. Watson, Edmonton; Lady Tilley, St. John, N.B.; Mrs. Alberta Poulle, Sackville, N.B.; Mrs. Jessie McEwen, Brandon; Mrs. Annie Lett, Guelph; Mrs. Kate I. Hare, Whitby; and Mrs. A. I. Domville, Rothesay, N.B.; and their associates and successors are hereby created a body corporate and politic in and for the Dominion of Canada under the name of "The Canadian Red Cross Society", hereinafter called "the Socity".

Purposes

2. The purposes of the Society shall be:—

Aid to sick and wounded in war

(1) To furnish volunteer aid to the sick and wounded of armies in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, 1863, and also of the treaty of the Red Cross or the treaty of Geneva of August twenty-second, 1864, to which Great Britain has given its adhesion;

National duties under treaty of Geneva

(2) To perform all the duties devolved upon a national society by each nation which has acceded to said treaty, but in affiliation with the British Red Cross Society;

Succession to former association

(3) To succeed to and take over all the rights and property heretofore or now held and enjoyed by and all the duties heretofore performed by the unincorporated association known as The Canadian Red Cross Society;

Work in time of peace

(4) In time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.

1909, c. 68, s. 2; 1919, c. 101 (1st Session), s. 1; 1922, c. 13, s. 2.

Emblem and badge

3. (1) The Society shall have the right to have and use in carrying out its purposes as an emblem and badge a Red Cross on a white ground as the same has been described in the treaty of Geneva dated the twenty-second day of August, 1864, and adopted by the several nations acceding thereto.

By-laws and regulations

(2) The Society may make by-laws and regulations, not inconsistent with the laws of Canada or of any province thereof; and may appoint such officers of the Society as it may deem proper, and generally may do all such acts and things as are necessary to carry into effect the provisions of this Act and promote the purposes of the Society.

Canadian organization

(3) The Society is hereby authorized with or without the co-operation of any other society, association or organization which has been accorded similar powers by Act of the Parliament of Canada, to act in matters of relief under the said treaty.

1909, c. 68, s. 3; 1922, c. 13, s. 2.

Fraudulent representation

4. (1) No person shall fraudulently represent himself or herself to be a member or representative of, or agent for, the Society for the purposes of soliciting, collecting or receiving money or material.

Unlawful use of name, emblem, badge, etc.

(2) No person shall wear, use or display for the purposes of his or her trade or business, for the purpose of inducing the belief that he or she is a member or representative of, or agent for, the Society or for any other purposes whatsoever, without the Society’s written authorization, any of the following:

(a) the heraldic emblem of the Red Cross on a white ground, or the words “Red Cross” or “Geneva Cross”;

(b) the emblem of the Red Crescent on a white ground, referred to in Article 38 of Schedule I to the Geneva Conventions Act, or the words “Red Crescent”;

(c) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, or the words “Red Crystal”; or

(d) any other word, mark, device or thing likely to be mistaken for anything mentioned in paragraphs (a) to (c).

Penalty

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence, and is liable on summary conviction to a fine of not less than $100 but not more than $500, or imprisonment for a term not exceeding one year, or both, for each offence, and any goods, wares or merchandise on which, or in connection with which, any of the emblems or words mentioned in paragraphs (2)(a) to (c) or any coloured imitation of them were used are liable to forfeiture to Her Majesty in right of Canada. The proceeds of the fine so collected shall be paid to the Society.

Exception

(4) No person contravenes subsection (2) by wearing, using or displaying the emblem or words referred to in paragraph (2)(b) or (c), or any other word, mark, device or thing likely to be mistaken for them, if the person has done so lawfully since before the coming into force of this subsection.

1909, c. 68, s. 4; 1922, c. 13, s. 2; 2007, c. 26, s. 4.

Previous VersionAcquisition and holding of property Disposal of property

5. (1) The Society may purchase, take, have, hold, possess, retain and enjoy any property, real or personal, corporeal or incorporeal, whatsoever, and for any or every estate or interest therein whatsoever, given, granted, devised, or bequeathed to it, or appropriated, purchased, or acquired by it in any manner or way whatsoever, to, for, or in favour of the uses and purposes of the Society. The Society may, from time to time, dispose of any such property in such manner and upon such terms as it may deem advisable and may grant, alienate, pledge, mortgage or otherwise dispose of the aforesaid property, estate or rights.

Limit of real estate

(2) The annual value of the real estate held in Canada by or in trust for the Society shall not exceed two hundred thousand dollars.

1909, c. 68, s. 5; 1922, c. 13, s. 2; 1926, c. 5, s. 1; 1931, c. 24, s. 1; 1950, c. 62, s. 1.

Central Council

6. (1) The governing body of the Society shall be a Central Council, consisting of not more than sixty members appointed or elected in such manner as may be determined from time to time by the Central Council.

Provincial divisions and branches

(2) The Central Council shall have power to organize provincial divisions and branches in the various provinces of Canada under such rules as the Council may prescribe. Existing organized provincial divisions and branches are hereby continued.

Executive Committee Quorum

(3) There shall be an Executive Committee consisting of not less than twenty and not more than thirty persons appointed or elected by the Central Council from its members. A majority of the members shall be a quorum.

Powers

(4) The Executive Committee shall have and exercise all the powers granted by this Act when the Central Council is not in session, subject, however, to such regulations or restrictions as the Central Council may from time to time determine.

1909, c. 68, s. 6; 1916, c. 58, s. 1; 1922, c. 13, s. 2; 1931, c. 24, s. 2; 1937, c. 7, s. 1; 1950, c. 62, s. 2.

Report of proceedings

7. (1) The Society shall, not later than the first day of May of each year, furnish to the Minister of Militia and Defence and to the Minister of Health a report of its proceedings for the previous calendar year, including a full, complete and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Department of Militia and Defence.

Penalty for not furnishing report

(2) If for the space of one month the Society neglects or refuses to furnish such report the Society shall be liable to a penalty not exceeding twenty dollars for every day during which such default continues, and any member of the Society who knowingly or wilfully authorizes or permits such default shall be liable to the like penalty.

1909, c. 68, s. 7; 1916, c. 58, s. 2; 1922, c. 13, s. 2.

Present Central Council continued

8. The existing Central Council heretofore elected shall continue to be the Central Council of the Society, for the purpose of this Act, until a new council has been elected, pursuant to the terms of this Act.

1922, c. 13, s. 2.

French name

9. The name of the Society in the French language shall be "La Société canadienne de la Croix-Rouge".

1950, c. 62, s. 3.

Short title

10. This Act may be cited as the Canadian Red Cross Society Act.

2007, c. 26, s. 5.


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