Bill C-5
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Duty of
directors and
members
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(4) If an order made under this section
directs an amendment of the articles or
by-laws of a cooperative,
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Exclusion
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(5) A member or shareholder is not entitled
to dissent under section 302 if an amendment
to the articles is effected under this section.
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Limitation
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(6) No cooperative may make a payment to
a member or shareholder under an order of the
court if there are reasonable grounds to
believe that
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Alternate
order
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(7) An applicant under this section may
apply for an order under section 313 instead of
the order under this section.
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Evidence of
member or
shareholder
approval not
decisive
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341. (1) No application made and no action
brought or intervened in under this Part is to be
stayed or dismissed by reason only that it is
shown that an alleged breach of a right or duty
owed to the cooperative or any of its
subsidiaries has been or may be approved by
the members or shareholders, but evidence of
approval by the members or shareholders
must be taken into account by the court in
making an order under section 313 or this Part.
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Court
approval to
discontinue
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(2) No application made and no action
brought or intervened in under this Part is to be
stayed, discontinued, settled or dismissed for
want of prosecution without the approval of
the court given on any terms that the court
considers appropriate.
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Notice
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(3) If the court determines that the interests
of a complainant may be substantially
affected by a stay, discontinuance, settlement
or dismissal mentioned in subsection (2), the
court may order any party to the application or
action to give notice of the application or
action to the complainant.
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No security
for costs
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(4) A complainant is not required to give
security for costs in an application made or
action brought or intervened in under this Part.
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Interim costs
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(5) In an application made or an action
brought or intervened in under this Part, the
court may at any time order the cooperative or
its subsidiary to pay to the complainant
interim costs, including legal fees and
disbursements, but the complainant may be
held accountable for any interim costs so paid
on the final disposition of the application or
action.
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Application to
court to
rectify records
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342. (1) If the name of a person is alleged to
be or to have been wrongly entered or retained
in or wrongly deleted or omitted from the
registers or other records of a cooperative, the
cooperative, a security holder of the
cooperative or any aggrieved person may
apply to the court for an order that the registers
or records be rectified.
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Power of
court
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(2) On an application made under this
section, the court may make any order it
considers appropriate, including an order
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Application
for directions
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343. The Director may apply to a court for
directions in respect of any matter concerning
the Director's duties under this Act and, on the
application, the court may give any directions
that it thinks fit.
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Notice of
refusal by
Director
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344. (1) The Director must file all
documents that are required to be sent to him
or her under this Act. If the Director refuses to
file any of those documents, the Director
must, no later than twenty days after the later
of the receipt of the document and the receipt
of any approval that may be required under
any other law, give written notice of the
refusal to the person who sent the document,
giving reasons for the refusal.
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Deemed
refusal
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(2) If the Director does not file or give
written reasons of refusal to file the
documents within the twenty days provided
for in subsection (1), the Director is deemed to
have refused to file the document.
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Appeal from
Director's
decision
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345. 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:
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Restraining or
compliance
order
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346. If a cooperative or any director, officer,
employee, agent, auditor, trustee, receiver,
receiver-manager or liquidator of a
cooperative does not comply with the 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.
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Summary
application to
court
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347. 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.
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Appeal of
final order
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348. (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.
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Appeal on
leave
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(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.
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Offences with
respect to this
Act
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349. (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.
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Offences with
respect to the
regulations
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(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.
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Offences with
respect to
reports
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(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
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Order to
comply
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350. (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.
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Limitation
period
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(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.
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Civil remedy
not affected
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(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.
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Alternative
resolution
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351. 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.
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PART 20 |
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ADDITIONAL PROVISIONS RESPECTING NON-PROFIT HOUSING COOPERATIVES |
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Application
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352. This Part applies to cooperatives for
which articles are issued to carry on business
as non-profit housing cooperatives.
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Requirement
of articles
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353. The articles of a non-profit housing
cooperative must provide that
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Special
limitations
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354. The following restrictions apply to a
non-profit housing cooperative:
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By-laws
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355. (1) The by-laws of a non-profit
housing cooperative must include
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Termination
of
membership
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(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.
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Other
provisions in
by-laws
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(3) The by-laws of a non-profit housing
cooperative may provide
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Member
occupancy
rights
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356. (1) A person who is a member is
entitled to occupy the housing unit allocated
to them by the non-profit housing cooperative
while they are a member, although the
directors may, subject to the by-laws, by
notice, require the member to occupy an
alternate housing unit.
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Appeal
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(2) A member to whom a notice has been
given by the cooperative to occupy an
alternate housing unit may appeal that
decision in the same manner as that provided
for appeals of decisions by the directors to
terminate the membership of a member.
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Unsuccessful
appeal
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(3) If an appeal by the member is not
successful and the member does not relocate
to the alternate housing unit within the time
provided by the directors, their membership is
deemed to have been terminated and despite
section 40 and subsection 356(4), the member
has no further appeal.
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Occupancy
during appeal
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(4) Despite section 40, if, in accordance
with the by-laws, the directors terminate a
member's membership and the member
appeals the termination, the member has the
right to occupy the housing unit allocated to
them until the termination has been confirmed
by the members.
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Confirmation
on appeal
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(5) A decision of the directors to terminate
the membership of a member is confirmed if
the members, at a duly called meeting of the
members, do not reverse the directors'
decision.
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Deemed
confirmation
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(6) If a meeting of the members is duly
called to consider the appeal of a terminated
member and a quorum of members is not
available for the meeting, the decision of the
directors is deemed to be confirmed.
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Regaining
possession of
unit
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(7) If a member's membership has been
terminated and the member no longer has the
right to occupy a housing unit of the
cooperative, the cooperative regains
possession of the housing unit by consent or by
appropriate legal proceedings.
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Compensation
for occupation
past
termination
date
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(8) The cooperative is entitled to
compensation for a housing unit that is
occupied by a terminated member until it is
vacated.
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Cooperative
not to take
other property
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(9) The cooperative may not take the
property of a member to satisfy amounts due
to the cooperative except by consent or by
legal proceedings.
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Inclusion in
by-laws
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(10) For the purpose of section 16, the
provisions of this section must be included in
the by-laws of a non-profit housing
cooperative.
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Non-profit
requirements
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357. (1) Subject to subsection (2), but
despite any other provision of this Act, a
non-profit housing cooperative may not
distribute or pay any of its assets to a member.
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Permitted
payments
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(2) The cooperative may pay a member
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