Canada Cooperatives Regulations (SOR/99-256)

Regulations are current to 2016-04-12 and last amended on 2010-06-10. Previous Versions

Canada Cooperatives Regulations

SOR/99-256

CANADA COOPERATIVES ACT

Registration 1999-06-17

Canada Cooperatives Regulations

P.C. 1999-1144  1999-06-17

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 23(a), subsections 130(1) and 131(1), section 166, paragraph 247(1)(a) and sections 248 and 372 of the Canada Cooperatives ActFootnote a, hereby makes the annexed Canada Cooperatives Regulations.

Interpretation

[SOR/2001-513, s. 1(F)]

 The following definitions apply in these Regulations.

Act

Act means the Canada Cooperatives Act. (Loi)

NI 51-102

NI 51-102 means National Instrument 51-102 of the Canadian Securities Administrators, entitled Continuous Disclosure Obligations, and known in French as Règlement 51-102 sur les obligations d’information continue, published in both official languages on December 19, 2003, as amended from time to time. (Règlement 51-102)

  • SOR/2008-315, s. 8.
  •  (1) For the purpose of the definition distributing cooperative in subsection 2(1) of the Act and subject to subsection (2), distributing cooperative means

    • (a) a cooperative that is a “reporting issuer” under any legislation that is set out in column 2 of an item of Schedule 4; or

    • (b) in the case of a cooperative that is not a “reporting issuer” referred to in paragraph (a), a cooperative

      • (i) that has filed a prospectus or registration statement under provincial legislation or under the laws of a jurisdiction outside Canada,

      • (ii) any of the securities of which are listed and posted for trading on a stock exchange in or outside Canada, or

      • (iii) that is involved in, formed for, resulting from or continued after an amalgamation, a reorganization, an arrangement or a statutory procedure, if one of the participating entities is a cooperative to which subparagraph (i) or (ii) applies.

  • (2) A cooperative that is subject to an exemption under provincial securities legislation, or to an order of the relevant provincial securities regulator that provides that the cooperative is not a “reporting issuer” for the purposes of the applicable legislation, is not a distributing cooperative for the purpose of the definition of that expression in subsection (1).

  • SOR/2001-513, s. 2;
  • SOR/2010-128, s. 35.

PART 1Electronic Transmission of Documents Sent to and Issued by the Director

General

[SOR/2001-513, s. 3]

 In sections 3 to 7, electronic means electrical, digital, magnetic, optical, electromagnetic, facsimile or any other form of technology with similar capabilities that permits transmission of notices or documents.

 [Repealed, SOR/2001-513, s. 4]

 A notice or document may be submitted to or issued by the Director in electronic form if

  • (a) the information contained in it is the same as or equivalent to the information that would have been provided if it had been submitted or issued in paper form;

  • (b) when the notice or document is required under the Act to be signed, it complies with the provisions of subsections 6(2) to (4); and

  • (c) it is submitted or issued in the manner fixed by the Director under subsection 368(2) of the Act.

 A notice or document that is submitted to or issued by the Director in electronic form shall be accompanied by a cover page in the manner fixed by the Director under subsection 368(2) of the Act.

  •  (1) A notice or document, other than a Director’s certificate, that is required under the Act to be signed, that was produced in paper form and that is submitted to the Director in electronic form shall bear a reproduction of the manual signature.

  • (2) A notice or document, other than a Director’s certificate, that is required under the Act to be signed, that was produced in electronic form and that is submitted to the Director in electronic form shall bear

    • (a) the typed name of the person who signed it, if, before it is submitted in electronic form, the notice or document is produced in paper form, is manually signed and is maintained in the records of the cooperative in accordance with section 31 of the Act; or

    • (b) an electronic digital signature or other personal identifier produced in a manner fixed by the Director under subsection 368(2) of the Act.

  • (3) On request, an electronic filer or the cooperative shall furnish the Director with any notice or document referred to in paragraph (2)(a).

  • (4) A certificate that is issued by the Director under section 365 of the Act in electronic form shall bear

    • (a) a reproduction of the Director’s manual signature; or

    • (b) an electronic signature or other personal identifier produced in the manner fixed by the Director under subsection 368(2) of the Act.

  •  (1) A notice or document submitted to the Director in electronic form is deemed to have been received on the date and time it is received by the Director at a location or electronic address fixed by the Director under subsection 368(2) of the Act.

  • (2) If the local time of the place from which a notice or document is transmitted in electronic form is different from the local time of the place where the notice or document is received by the Director, the date and time of the transmission shall be determined according to the local time of the place where the Director received the transmission.

Electronic Documents

 For the purpose of section 361.2 of the Act, the prescribed notices, documents or other information are the notices, documents or other information referred to in sections 177 to 185 and 189 to 246 of the Act.

  • SOR/2001-513, s. 5.

 For the purpose of paragraph 361.3(2)(a) of the Act, the consent shall be in writing.

  • SOR/2001-513, s. 5.

 For the purpose of paragraph 361.3(2)(b) of the Act, a notice, document or other information that is not required under the Act to be sent to a specific place may be sent as an electronic document to a place other than to an information system designated by the addressee under paragraph 361.3(2)(a) of the Act by posting it on or making it available through a generally accessible electronic source, such as a website, and by providing the addressee with notice in writing of the availability and location of that electronic document.

  • SOR/2001-513, s. 5;
  • SOR/2010-128, s. 36.

 For the purpose of subsection 361.3(3) of the Act, an addressee shall revoke his or her consent in writing.

  • SOR/2001-513, s. 5.

 For the purposes of paragraphs 361.4(b) and 361.5(2)(b) of the Act, when a notice, document or other information is provided to several addressees, the notice, document or other information shall be provided to the addressees concurrently, regardless of the manner of provision.

  • SOR/2001-513, s. 5.

 An electronic document is considered to have been provided when it leaves an information system within the control of the originator or another person who provided the document on the originator’s behalf.

  • SOR/2001-513, s. 5;
  • SOR/2010-128, s. 37.

 An electronic document is considered to have been received

  • (a) if the document is provided to the information system designated by the addressee, when it enters that information system; or

  • (b) if the document is posted on or made available through a generally accessible electronic source, when the notice of the availability and location of the electronic document referred to in section 7.3 is received by the addressee or, if the notice is sent electronically, when the notice enters the information system designated by the addressee.

  • SOR/2001-513, s. 5;
  • SOR/2010-128, s. 37.

 [Repealed, SOR/2010-128, s. 37]

Retention of Records

 For the purpose of subsection 378(3) of the Act, the prescribed period is six years after the date on which the Director receives the document.

  • SOR/2001-513, s. 5.

PART 2Cooperative Names

Interpretation

  •  (1) The following definitions apply in this Part.

    distinctive

    distinctive, in relation to a trade-name, considered as a whole and by its separate elements, means a trade-name that distinguishes the business in association with which it is used or intended to be used by its owner from any other business or that is adapted to so distinguish them. (distinctive)

    official mark

    official mark means an official mark referred to in subparagraph 9(1)(n)(iii) of the Trade-marks Act. (marque officielle)

    trade-mark

    trade-mark means a trade-mark as defined in section 2 of the Trade-marks Act. (marque de commerce)

    trade-name

    trade-name means a name that has been reserved by the Director under section 22 of the Act, or the name under which a business is carried on, or intended to be carried on, whether it is a corporate name or the name of a body corporate, trust, partnership, sole proprietorship or individual. (dénomination commerciale)

    use

    use means the actual use by a person that carries on business in Canada or elsewhere. (emploi)

  • (2) For greater certainty, this Part applies to the cooperative name of an amalgamated cooperative.

  • SOR/2001-513, s. 6;
  • SOR/2010-72, s. 3.
 
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