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Canada Cooperatives Act (S.C. 1998, c. 1)

Act current to 2021-04-05 and last amended on 2018-05-01. Previous Versions

PART 19Remedies, Offences and Punishment (continued)

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 (f) 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 documents required by this Act to be sent;

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

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

  • (d) to refuse to issue a certificate of discontinuance or a certificate attesting that as of a certain date the cooperative exists under section 375;

  • (d.1) to correct, or to refuse to correct, articles, a notice, a certificate or other document under section 376.1;

  • (d.2) to cancel, or to refuse to cancel, the articles and related certificate under section 376.2;

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

  • (f) to dissolve a cooperative under section 311.

  • 1998, c. 1, s. 345
  • 2001, c. 14, s. 222

Marginal note:Restraining or compliance order

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

  • 1998, c. 1, s. 346
  • 2011, c. 21, s. 116(E)

Marginal note:Summary application to court

 When this Act states that a person may apply to a court, the application may be made in any summary manner by petition, originating notice of motion or otherwise as the rules of court provide and subject to any order respecting notice to interested parties or costs or any other order the court thinks fit.

Marginal note:Appeal of final order

  •  (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

  • Marginal note:Appeal on leave

    (2) An appeal lies to the court of appeal of a province from any other order made by a court of that province, only with leave of the court of appeal in accordance with the rules of that court.

Marginal note:Offences with respect to this Act

  •  (1) Every person who knowingly contravenes section 31, 32 or 33, subsection 165(1), section 166, 168, 169, 172, 251 or 252, subsection 260(2), 264(1) or (3) or 272(5), section 325 or 335 or any other provision of this Act or who does not fulfil a duty imposed under this Act is guilty of an offence punishable on summary conviction.

  • Marginal note:Offences with respect to the regulations

    (2) Every person who, without reasonable cause, contravenes a provision of the regulations or does not fulfil a duty imposed by the regulations is guilty of an offence punishable on summary conviction.

  • Marginal note:Offences with respect to reports

    (3) A person is guilty of an offence punishable on summary conviction if the person knowingly makes or assists in making a report, return, notice or other document required by this Act or the regulations to be sent to the Director or to any other person that

    • (a) contains an untrue statement of a material fact; or

    • (b) omits to state a material fact required in it or necessary to make a statement contained in it not misleading in the light of the circumstances in which it was made.

Marginal note:Order to comply

  •  (1) If a person is guilty of an offence under this Act or the regulations, the court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person to comply with the provisions of this Act or the regulations for the contravention of which the person has been convicted.

  • Marginal note:Limitation period

    (2) A prosecution of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the complaint arose.

  • Marginal note:Civil remedy not affected

    (3) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

Marginal note:Alternative resolution

 The Minister of Agriculture and Agri-Food may, in accordance with any regulations, provide assistance with respect to the alternative resolution of any dispute relating to the affairs of a cooperative.

PART 20Additional Provisions Respecting Non-profit Housing Cooperatives

Marginal note:Application

 This Part applies to cooperatives for which articles are issued to carry on business as non-profit housing cooperatives.

Marginal note:Requirement of articles

 The articles of a non-profit housing cooperative must provide that

  • (a) the name of the non-profit housing cooperative include the words “non-profit”, “not-for-profit”, “not for profit”, “sans but lucratif” or “à but non lucratif” and “housing cooperative”, “housing co-operative”, “housing co-op”, “coopérative d’habitation”, “coop d’habitation”, “co-op d’habitation”, “coopérative de logement”, “coop de logement” or “co-op de logement”; and

  • (b) the business of the cooperative is restricted to that of primarily providing housing to its members.

Marginal note:Special limitations

 The following restrictions apply to a non-profit housing cooperative:

  • (a) it may not issue investment shares;

  • (b) it may only issue membership shares on a par-value basis;

  • (c) it must in each year conduct at least fifty per cent of its business with its members;

  • (d) subject to subsection 357(2), its business must be carried on without the purpose of gain for its members; and

  • (e) on its dissolution, and after the payment of its liabilities, its remaining property is to be transferred to or distributed among one or more non-profit housing cooperatives, cooperatives incorporated in a province that have similar objectives and limitations, or charitable organizations.

Marginal note:By-laws

  •  (1) The by-laws of a non-profit housing cooperative must include

    • (a) any obligation of a member to provide capital to the cooperative and the manner in which the capital is to be contributed;

    • (b) any obligation of a member to contribute to charges of the cooperative and the manner in which the charges are to be determined and paid;

    • (c) the procedure for determining disputes between members and between members and the cooperative;

    • (d) subject to subsection (2), the manner in which the membership of a member may be terminated;

    • (e) the manner in which a member’s equity is to be determined on the member’s withdrawal from the cooperative, or on the termination of their membership and on a dissolution of the cooperative and the manner in which that equity is to be repaid;

    • (f) a provision for the establishment of adequate reserves and the maintenance of adequate insurance to protect the cooperative from loss; and

    • (g) a provision for the establishment of the rules governing charges by the cooperative for the occupation, leasing, subletting and subleasing of housing units of the cooperative.

  • Marginal note:Termination of membership

    (2) If the by-laws provide that membership is to be terminated by the directors, the by-laws must include a right of appeal to the members. Despite section 40, the by-laws may require that an appeal from the decision of the directors may only be launched within seven days after the member receives notice of the termination of membership.

  • Marginal note:Other provisions in by-laws

    (3) The by-laws of a non-profit housing cooperative may provide

    • (a) the rules by which the directors may establish a system of providing subsidies to members for housing charges, provided that the administration of the rules by the directors is fair as among the members; and

    • (b) any rules in addition to those specified in paragraph (1)(g) relating to the occupancy of a housing unit of the cooperative.

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