26 On the trial or hearing of any action under subsection 25(1), it is sufficient for the corporation to prove that
(a) the defendant, at the time the demand for payment was made, was or had been a member of the corporation; and
(b) the amount claimed as the subscription, penalty or otherwise was standing unpaid on the books of the corporation.
- R.S., c. B-8, s. 26.
Powers of Council
Marginal note:Meetings of council
27 (1) The council of a corporation may hold meetings and adjourn them when necessary, and may, at those meetings, transact such business as is, by this Act or by the by-laws of the corporation, assigned to the council.
Marginal note:How convened
(2) The meetings of the council shall be convened by the secretary of the corporation, at the instance of the president thereof, or on the request of any two members of the council.
- R.S., c. B-8, s. 27.
Marginal note:Powers of council
(2) The council shall not have or be given by any by-law the power of enacting or altering any by-law or admitting any member.
- R.S., c. B-8, s. 28.
29 Five or more members of the council of a corporation constitute a quorum, and a majority of the quorum may do all things within the powers of the council.
- R.S., c. B-8, s. 29.
Marginal note:Who to preside
30 (1) At all meetings of the council of a corporation, and all general meetings of the corporation, the president, or in his absence, the vice-president, or if both are absent, any member of the council then present who is chosen for the occasion, shall preside.
Marginal note:Casting vote
(2) In all cases of equality of votes on any division, the presiding officer at a meeting of the council has a casting vote.
- R.S., c. B-8, s. 30.
Marginal note:By-laws, rules and regulations
31 (1) The council of a corporation shall frame such by-laws, rules and regulations as appear to it best adapted to promote the welfare of the corporation and the purposes of this Act, and shall submit them for adoption at a general meeting of the corporation called for that purpose.
Marginal note:Make by-laws concerning weighers
(2) The council of a corporation may make by-laws that require that every weigher employed in connection with a grain elevator within the district for which the corporation is established be licensed and take an oath to faithfully, truly and impartially execute and perform the duties of weigher, and cause any person applying to be licensed as a weigher at grain elevators to be examined as to his capacity in such manner as the council deems proper.
(3) The council may, if satisfied as to the fitness of an applicant referred to in subsection (1) to perform his duties, issue to the applicant a licence to act as a weigher.
- R.S., c. B-8, s. 31.
Board of Arbitration
Marginal note:Board of Arbitration
32 (1) At the time appointed pursuant to section 12 for the election of the council of a corporation, and in the same manner, the members of the corporation may elect from their number twelve persons who shall form a board, which shall be called the Board of Arbitration.
(2) Any three persons elected under subsection (1) have power to arbitrate on, and make their award in, any commercial case or difference that is voluntarily referred to them by the parties concerned.
Marginal note:Three arbitrators to act
(3) When parties in a case referred to in subsection (2) agree to bind themselves to submit a matter in dispute between them to the decision of the Board of Arbitration, the submission is deemed to be made to any three members of the Board, who may, either by the special order of the Board or by virtue of any general rules adopted by the Board, or under any by-law of the corporation relating to the consideration of any cases so submitted, be appointed to hear, arbitrate and decide on the matter.
Marginal note:Decision binding
(4) A decision made under subsection (3) is binding on the Board of Arbitration and the parties making the submission.
(5) A submission referred to in subsection (3) shall be in Form 1 of the schedule, or to the same effect.
- R.S., 1985, c. B-6, s. 32;
- 2011, c. 21, s. 3.
Marginal note:Members to be sworn
33 (1) The members of the Board of Arbitration shall, before they act as such, take and subscribe, before the president or vice-president of the corporation, an oath in Form 2 of the schedule, that they will faithfully, impartially and diligently perform their duties as members of the Board.
Marginal note:Oath to be kept
(2) The oath referred to in subsection (1) shall be kept among the documents of the corporation.
- R.S., c. B-8, s. 33.
Marginal note:Members of Board
34 Any member of the council of a corporation may, at the same time, be a member of the Board of Arbitration.
- R.S., c. B-8, s. 34.
Marginal note:Powers of arbitrators respecting oaths, etc.
35 (1) The three members appointed to hear any case submitted for arbitration under section 32 or any two of them have full power to examine, under oath, which oath any one of the three members is hereby empowered to administer, any party or witness who, appearing before them, is so examined, and shall give their award thereupon in writing.
Marginal note:Decisions binding
(2) An award given under subsection (1) binds the parties according to the terms of the submission and the provisions of this Act.
- R.S., c. B-8, s. 35.
Licensing of Weighers
Marginal note:Weighers to be examined
36 (1) Where the council of a corporation has passed a by-law that requires that every weigher employed in connection with a grain elevator within the district for which the board of trade is established be licensed and take the oath set out in section 37, the board of trade may cause any person applying to be licensed as a weigher at grain elevators to be examined as to his capacity in such manner as the council deems proper.
(2) The council may, if satisfied as to the fitness of an applicant referred to in subsection (1) to perform his duties, issue to the applicant a licence to act as a weigher.
(3) Every person who acts as a weigher at a grain elevator within a district is, unless he has been licensed under subsection (2) and has taken the oath of office set out in section 37, liable, on summary conviction, to a fine of ten dollars for each offence.
- R.S., c. B-8, s. 36.
Marginal note:Weigher to take oath
I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my skill and ability, execute and perform the duties of weigher. So help me God.
Marginal note:Custody of oath
(2) The oath taken under subsection (1) shall remain in the custody of the justice of the peace administering it, and any copy thereof certified by the justice of the peace is evidence that the oath has been taken and subscribed in accordance with this Act.
- R.S., c. B-8, s. 37.
Affiliation with Canadian Chamber of Commerce
Marginal note:Affiliation with Canadian Chamber of Commerce
38 (1) Any board of trade duly registered under this Act may become affiliated with the Canadian Chamber of Commerce on complying with all the terms and requirements of that organization, and may be represented at its annual meeting.
Marginal note:Election of delegates
(2) The delegates or representatives to the annual meeting of the Canadian Chamber of Commerce shall be elected at a general meeting or by the council of the board of trade desiring that representation.
- R.S., c. B-8, s. 38.
- Date modified: