Marginal note:When by-law has effect
16. (1) No by-law of an association and no amendment or repeal of any by-law of an association has any effect until it is approved by the Minister.
Marginal note:Application for approval
(2) An application to the Minister for approval of a by-law or an amendment or repeal of a by-law must be accompanied by three copies of the proposed by-law, amendment or repeal.
Marginal note:Minister may require evidence
(3) Where the making, amendment or repeal of any by-law of an association is, by reason of another by-law of the association, subject to any formality or requirement, the Minister may, before approving any by-law or any amendment or repeal of a by-law, require evidence by affidavit or statutory declaration that the formality or requirement in relation thereto has been complied with.
Marginal note:Certificate of by-law approval
(4) Where the Minister approves a by-law or an amendment or repeal of a by-law, the Minister shall issue a certificate of by-law approval, or a certificate of by-law repeal, as the case may be, in respect thereof.
Marginal note:Effect of by-laws
17. The by-laws of an association bind every member of the association.
Marginal note:Member’s right to inspect by-laws
18. The by-laws of an association shall, at all reasonable times, be made available to the members of the association for the purposes of inspection and making copies thereof.
Marginal note:No fine or penalty
19. (1) No by-law of an association may impose any fine or monetary penalty of any kind and no fine or monetary penalty of any kind may be imposed by an association in respect of any non-compliance with its by-laws.
Marginal note:Fees not fines
(2) For the purposes of subsection (1), a fee referred to in paragraph 15(1)(q) is not a fine or a monetary penalty.
AMENDMENT OF ARTICLES OF INCORPORATION
Marginal note:Amendment of articles of incorporation
20. (1) An association that desires to amend its articles of incorporation for one or more of the following purposes, namely,
(a) to change the association’s name,
(b) to add the name of a distinct breed or evolving breed in respect of which the association is to be authorized to register or identify the animals thereof or to delete the name of any distinct breed or evolving breed that the association is authorized to register or identify the animals thereof, or
(c) where the association is incorporated in respect of an evolving breed, to transform the association into an association incorporated in respect of a distinct breed,
may make an application for that purpose by submitting articles of amendment to the Minister.
Marginal note:Contents of articles of amendment
(2) Articles of amendment submitted pursuant to subsection (1) must
(a) be in the prescribed form;
(b) set out the proposed amendment;
(c) contain a statutory declaration attesting that the members of the association have been consulted in writing in the prescribed manner in relation to the proposed amendment, that twenty-five per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and
(d) be submitted in triplicate in the prescribed manner.
Marginal note:Proof required
(3) Where the amendment proposed in articles of amendment is the addition of the name of a distinct breed or evolving breed in accordance with paragraph (1)(b), the articles of amendment must be accompanied by proof that the association represents the breeders throughout Canada of the animals of the distinct breed or evolving breed.
- Date modified: