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Powers of
liquidator
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(2) A liquidator may
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Reliance on
statements
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570.16 A liquidator is not liable if the
liquidator relies in good faith on
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Examination
of others
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570.17 (1) If a liquidator has reason to
believe that any property of the society is in
the possession or under the control of a person
or that a person has concealed, withheld or
misappropriated the property, the liquidator
may apply to the court for an order requiring
that person to appear before the court at the
time and place designated in the order and to
be examined.
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Restoration
and
compensation
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(2) If an examination conducted under
subsection (1) discloses that a person has
concealed, withheld or misappropriated any
property of the society, the court may order
that person to restore the property or pay
compensation to the liquidator.
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Costs of
liquidation
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570.18 A liquidator shall pay the costs of
liquidation out of the property of the society
and shall pay or make adequate provision for
all claims against the society.
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Final accounts
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570.19 (1) Within one year after the
appointment of a liquidator and after paying or
making adequate provision for all claims
against the society, the liquidator shall apply
to the court
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Member
application
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(2) If a liquidator fails to make the
application required by subsection (1), a
member of the society or, if there are no
members of the society, an incorporator may
apply to the court for an order for the
liquidator to show cause why a final
accounting and distribution should not be
made.
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Notification
of final
accounts
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(3) A liquidator who intends to make an
application under subsection (1) shall give
notice of that intention to the Superintendent,
to each inspector appointed under section
570.11, to each member of the society or, if
there are no members, to each incorporator
and to any person who provided a security or
fidelity bond for the liquidation.
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Publication
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(4) The liquidator shall publish the notice
required under subsection (3) in the Canada
Gazette, and once a week for two consecutive
weeks in one or more newspapers in general
circulation in each province in which the
society has transacted any business within the
preceding twelve months, or as otherwise
directed by the court.
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Final order
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570.2 (1) If the court approves the final
accounts rendered by a liquidator, the court
shall make an order
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Delivery of
order
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(2) The liquidator shall without delay send
a certified copy of the order referred to in
subsection (1) to the Superintendent.
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Right to
distribution of
money
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570.21 (1) A member or incorporator may
apply to the court for an order requiring the
distribution of the remaining property of a
society to be in money if, in the course of the
liquidation of the society, the members
resolve to, or the liquidator proposes to,
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Powers of
court
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(2) On an application under subsection (1),
the court may order
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Order by
court
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(3) Where an order is made by a court under
paragraph (2)(b), the court
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Dissolution by
letters patent
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570.22 (1) On an application made under an
order under paragraph 570.2(1)(a), the
Minister may issue letters patent dissolving
the society.
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Society
dissolved
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(2) A society in respect of which letters
patent are issued under subsection (1) is
dissolved and ceases to exist on the date of the
issuance of the letters patent.
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General
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Definitions
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570.23 In sections 570.25 and 570.26,
``member'' and ``incorporator'' include the
heirs and personal representatives of a
member or incorporator.
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Continuation
of actions
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570.24 (1) Even if a society has been
dissolved under this Part,
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Service on
society
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(2) Service of a document on a society after
its dissolution may be effected by serving the
document on a person shown as a director in
the incorporating instrument of the society or,
if applicable, in the latest return sent to the
Superintendent under subsection 549(1).
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Limitations on
liability
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570.25 (1) Even if a society has been
dissolved, a member or incorporator to whom
any of its property has been distributed is
liable to any person claiming under subsection
570.24(1), to the extent of the amount
received by that member or incorporator on
the distribution.
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Limitation
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(2) An action to enforce liability under
subsection (1) may not be commenced more
than two years after the date of the dissolution
of the society.
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Action against
class
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(3) A court may order an action referred to
in subsections (1) and (2) to be brought against
the persons who were members or
incorporators as a class, subject to such
conditions as the court thinks fit.
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Reference
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(4) If the plaintiff establishes a claim in an
action under subsection (3), the court may
refer the proceedings to a referee or other
officer of the court who may
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Where
creditor
cannot be
found
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570.26 If a creditor, member or
incorporator to whom property is to be
distributed on the dissolution of a society
cannot be found, the portion of the property to
be distributed to that creditor, member or
incorporator shall be converted into money
and paid in accordance with section 570.28.
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Vesting in
Crown
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570.27 Subject to subsection 570.24(1) and
sections 570.28 and 570.29, property of a
society that has not been disposed of at the
date of the dissolution of the society vests in
Her Majesty in right of Canada.
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Unclaimed
money on
winding-up
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570.28 (1) Where the business of a society
is being wound up under this Part, the
liquidator or the society shall pay to the
Minister on demand, and in any event before
the final winding-up of that business, any
amount that is payable by the liquidator or the
society to a creditor, member or incorporator
of the society and that has not, for any reason,
been paid.
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Records
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(2) If a liquidator or a society makes a
payment to the Minister under subsection (1)
with respect to a creditor, member or
incorporator, the liquidator or society shall at
the same time forward to the Minister all
documents, records and registers in the
possession of the liquidator or society that
relate to the entitlement of the creditor,
member or incorporator.
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Payment to
Receiver
General
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(3) The Minister shall pay to the Receiver
General all amounts paid to the Minister under
subsection (1).
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Liquidator
and company
discharged
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(4) Payment by a liquidator or a society to
the Minister under subsection (1) discharges
the liquidator and the society in respect of
which the payment is made from all liability
for the amount so paid, and payment by the
Minister to the Receiver General under
subsection (3) discharges the Minister from all
liability for the amount so paid.
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Recovery
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570.29 If at any time a person establishes an
entitlement to any money paid to the Receiver
General under this Part, the Receiver General
shall pay an equivalent amount to that person
out of the Consolidated Revenue Fund.
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Custody of
records after
dissolution
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570.3 A person who has been granted
custody of the documents, records and
registers of a dissolved society shall keep
them available for production for six years
after the date of the dissolution of the society
or until the end of such shorter period as may
be ordered by the court when it orders the
dissolution.
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299. (1) The definition ``fraternal benefit
society'' in section 571 of the Act is
repealed.
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(2) Section 571 of the Act is amended by
adding the following in alphabetical order:
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``foreign
fraternal
benefit
society'' « société de secours étrangère »
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``foreign fraternal benefit society'' means a
fraternal benefit society incorporated
outside Canada;
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300. Subsections 573(1) to (3) of the
French version of the Act are replaced by
the following:
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Ordonnance
d'autorisa- tion
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573. (1) La personne morale constituée
ailleurs qu'au Canada, notamment une
association et un groupe d'échange, ne peut,
au Canada, garantir des risques sans obtenir
l'agrément délivré par ordonnance du
surintendant.
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Restrictions
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(2) Il est interdit à la société étrangère de
garantir au Canada des risques ne
correspondant pas aux branches d'assurance
précisées dans son ordonnance d'agrément.
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Restriction :
rentes
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(3) Sauf autorisation de garantir au Canada
des risques dans la branche assurance-vie, il
est interdit à la société étrangère de conclure,
au Canada, des contrats de rente.
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1996, c. 6,
s. 84
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301. (1) The portion of paragraph
575(1)(c) of the Act before subparagraph (i)
is replaced by the following:
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1996, c. 6,
s. 84
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(2) Paragraph 575(1)(d) of the Act is
replaced by the following:
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302. Paragraph 579(1)(e) of the Act is
replaced by the following:
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