Canada Business Corporations Act (R.S.C., 1985, c. C-44)

Act current to 2014-10-27 and last amended on 2011-11-29. Previous Versions

Marginal note:Application for directions

 The Director may apply to a court for directions in respect of any matter concerning the Director’s duties under this Act, and on such application the court may give such directions and make such further order as it thinks fit.

  • R.S., 1985, c. C-44, s. 244;
  • 2001, c. 14, s. 135(E).
Marginal note:Notice of refusal by Director
  •  (1) If the Director refuses to file any articles or other document that this Act requires the Director to file before the articles or other document become effective, the Director shall, within twenty days after receiving them or twenty days after receiving any approval that may be required under any other Act, whichever is later, give written notice of the refusal to the person who sent the articles or document, giving reasons.

  • Marginal note:Deemed refusal

    (2) If the Director does not file or give written notice of the refusal to file any articles or document within the time limited therefor in subsection (1), the Director is deemed for the purposes of section 246 to have refused to file the articles or document.

  • R.S., 1985, c. C-44, s. 245;
  • 2001, c. 14, s. 135(E).
Marginal note:Appeal from Director’s decision

 A person who feels aggrieved by a decision of the Director referred to in any of paragraphs (a) to (g) may apply to a court for an order, including an order requiring the Director to change the decision

  • (a) to refuse to file in the form submitted any articles or other document required by this Act to be filed;

  • (b) to give a name, to change or revoke a name, or to refuse to reserve, accept, change or revoke a name under section 12;

  • (c) to grant, or to refuse to grant, an exemption that may be granted under this Act and the regulations;

  • (d) to refuse under subsection 187(11) to permit a continued reference to shares having a nominal or par value;

  • (e) to refuse to issue a certificate of discontinuance under section 188 or a certificate attesting that as of a certain date the corporation exists under subsection 263.1(2);

  • (f) to issue, or to refuse to issue, a certificate of revival under section 209, or the decision with respect to the terms for revival imposed by the Director;

  • (f.1) to correct, or to refuse to correct, articles, a notice, a certificate or other document under section 265;

  • (f.2) to cancel, or to refuse to cancel, the articles and related certificate under section 265.1; or

  • (g) to dissolve a corporation under section 212.

The Court may make any order it thinks fit.

  • R.S., 1985, c. C-44, s. 246;
  • 1999, c. 31, s. 65;
  • 2001, c. 14, s. 119.
Marginal note:Restraining or compliance order

 If a corporation or any director, officer, employee, agent or mandatary, auditor, trustee, receiver, receiver-manager, sequestrator or liquidator of a corporation does not comply with this Act, the regulations, articles or by-laws, or a unanimous shareholder agreement, a complainant or a creditor of the corporation may, in addition to any other right they have, apply to a court for an order directing any such person to comply with, or restraining any such person from acting in breach of, any provisions of this Act, the regulations, articles or by-laws, or a unanimous shareholder agreement, and on such application the court may so order and make any further order it thinks fit.

  • R.S., 1985, c. C-44, s. 247;
  • 2001, c. 14, s. 135(E);
  • 2011, c. 21, s. 70(E).