Boards of Trade Act (R.S.C., 1985, c. B-6)

Marginal note:Meetings of council

• 19 (1) The meetings of the council of a corporation shall be open to all members of the corporation who may attend those meetings, but not take part in any proceedings thereat.

• Marginal note:Minutes

  (2) Minutes of the proceedings at all meetings, whether of the council or of the corporation, shall be entered, in books to be kept for that purpose, by the secretary of the corporation.

• Marginal note:Presiding officer to sign

  (3) The minutes of the proceedings of the council or of the corporation shall be signed by the president or vice-president of the corporation or the person who presides at the meeting at which the minutes were taken.

• Marginal note:Books open for inspection

  (4) The books referred to in subsection (2) shall be open at all reasonable hours to any member of the corporation free of any charge.

Membership

Marginal note:Members of corporation

• 20 (1) Every person resident in a district in respect of which a board of trade was incorporated, who is or has been a merchant, broker, trader, mechanic, manufacturer, manager of a bank or insurance agent, is eligible to become a member of the corporation.

• Marginal note:Proposal of candidate

  (2) At any general meeting of a corporation, any member of the corporation may propose any person referred to in subsection (1) as a candidate for membership in the corporation.

• Marginal note:Two-thirds majority required

  (3) If a proposal referred to in subsection (2) is carried by a majority of two-thirds of the members of the corporation then present, the person who is proposed for membership is from that time a member of the corporation and has all the rights and is subject to all the obligations of the other members.

• Marginal note:Persons other than traders

  (4) Any person who is not a merchant, broker, trader, mechanic, manufacturer, manager of a bank or insurance agent is eligible to become a member of a corporation, in the manner described in this section, if that person is recommended by the council of the corporation at any general meeting of the corporation.

Marginal note:Retirement of members

21 Any member of a corporation who intends to retire therefrom or to resign his membership may do so, at any time, on giving to the secretary of the corporation ten days notice in writing of his intention, and on discharging any lawful liability that is standing on the books of the corporation against him at the time of the notice.

By-laws

Marginal note:By-laws and regulations

22 The majority of the members of a corporation present at any general meeting of the corporation may make by-laws and regulations for the government of the corporation providing for

• (a) the admission and subscriptions of members;

• (b) the imposition of penalties;

• (c) the expulsion or retirement of members;

• (d) the management of its council, officers and affairs;

• (e) the guidance of the board of arbitrators referred to in this Act;

• (f) the fixing of the date and place of the regular meetings of its council;

• (g) the powers to be exercised by its council; and

• (h) all other matters concerning the government of the corporation not inconsistent with this Act or any other law of Canada.

Marginal note:To be binding

23 By-laws made pursuant to section 22 are binding on all members of the corporation, its officers and employees, and all other persons lawfully under its control.

Marginal note:Notice to be given

24 No by-law shall be made by a corporation at any meeting of the corporation, without notice in writing thereof having been given by one member and seconded by another member at a previous meeting, and duly entered in the books of the corporation as a minute of the corporation.

Subscriptions and Dues

Marginal note:Subscriptions and penalties

• 25 (1) The following sums, namely,

  • (a) all subscriptions of members due to the corporation, under any by-law,

  • (b) all penalties incurred under any by-law by any person bound thereby, and

  • (c) all other sums of money due to the corporation,

  shall be paid to the secretary thereof, and in default of payment are recoverable in an action brought in the name of the corporation.

• Marginal note:Procedure

  (2) It shall only be necessary, in any action under subsection (1), to allege that the person is indebted to the corporation in the sum of money, the amount of the subscription in arrears, penalty incurred or other sum due, whereby an action has accrued to the corporation by virtue of this Act.

Marginal note:Evidence

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.

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.

Marginal note:Powers of council

• 28 (1) The council of a corporation has, in addition to the powers hereby expressly conferred on it, such powers as are assigned to it by any by-law of the corporation not inconsistent with this Act.

• Marginal note:Limitations

  (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.

Marginal note:Quorum

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.

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.

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.

• Marginal note:Licence

  (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.

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.

• Marginal note:Powers

  (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.

• Marginal note:Form

  (5) A submission referred to in subsection (3) shall be in Form 1 of the schedule, or to the same effect.

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.

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.

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.

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.

• Marginal note:Licence

  (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.

• Marginal note:Offence

  (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.