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B.C. Reg. 89/2009
O.C. 190/2009
Deposited March 6, 2009
effective April 27, 2009
This consolidation is current to January 9, 2018.
Link to Point in Time

Cooperative Association Act

Extraprovincial Associations and Corporations from a Designated Province Regulation

[includes amendments up to B.C. Reg. 111/2013, July 1, 2013]

Contents
1Definitions
2Designated provinces
3Exemption and disapplication
4Manner in which registrar may accept records, etc.
5Registration of extraprovincial corporation as extraprovincial association
6Personal information — residential addresses
7Extraprovincial association not intending to carry on business
8Attorney
9Notice of changes to be filed
10Amalgamation of extraprovincial association
11Mailing address for section 194.4 of Act
12How registrar may transmit records, etc.
13Registrar must obtain consent

Definitions

1  In this regulation:

"Act" means the Cooperative Association Act;

"extraprovincial association" means an extraprovincial corporation that is registered as an extraprovincial association under this regulation;

"extraprovincial corporation" means an extraprovincial corporation from a designated province.

Designated provinces

2  For the purposes of Part 11.1 of the Act and this regulation, the following are designated provinces:

(a) Alberta;

(b) Saskatchewan.

[en. B.C. Reg. 111/2013, s. 1.]

Exemption and disapplication

3  (1) An extraprovincial corporation is exempt from section 181.1 [application for registration] of the Act.

(2) Section 181.11 [registration] of the Act does not apply in respect of an extraprovincial corporation.

(3) An extraprovincial association is exempt from sections 126 (2) [annual report], 181.61 [records to be kept in British Columbia] and 181.7 [maintenance of and access to records] of the Act.

(4) The following sections of the Act do not apply in respect of an extraprovincial association:

(a) 181.11 [registration];

(b) 181.4 (2), (4) (b) and (5) [attorney to be appointed for certain purposes];

(c) 181.41 [notices of change to be filed];

(d) 194.4 (5) [dissolutions and cancellations of registrations by registrar];

(e) 199 (a) [offences], insofar as it refers to section 126 (2) of the Act.

(5) Section 181.4 (3) does not apply to an extraprovincial corporation or extraprovincial association insofar as it requires a duplicate filing.

(6) Section 5 (2) and items 6, 7, 10 and 12 of Schedule A of the Cooperative Association Regulation, B.C. Reg. 391/2000, do not apply in respect of an extraprovincial association.

Manner in which registrar may accept records, etc.

4  The registrar may accept records, filings, applications, information, forms, notices and fees respecting an extraprovincial association or extraprovincial corporation from an extraprovincial registrar in one or more of the following manners, as applicable:

(a) electronically;

(b) by facsimile transmission;

(c) by mail.

Registration of extraprovincial corporation as extraprovincial association

5  If an extraprovincial corporation provides to the registrar, to the satisfaction of the registrar,

(a) a statement completed by the extraprovincial corporation in a form established by the registrar, accompanied by a copy of the charter of the extraprovincial corporation verified in a manner satisfactory to the registrar, and

(b) other information the registrar requires,

the registrar must, subject to section 181.21 of the Act,

(c) register the extraprovincial corporation as an extraprovincial association,

(d) issue a certificate showing that the extraprovincial corporation is registered as an extraprovincial association under the Act, and

(e) publish notice of the registration in the Gazette or on a website maintained by or on behalf of the government.

Personal information — residential addresses

6  The registrar may

(a) collect the residential address of a director or an attorney of an extraprovincial corporation, extraprovincial association or amalgamated extraprovincial association from a person other than the director or attorney for the purposes of registration of, and maintenance of registration of, the extraprovincial corporation, extraprovincial association or amalgamated extraprovincial association, as the case may be,

(b) disclose the residential address of a director or an attorney of an extraprovincial association or amalgamated extraprovincial association to the public for the purposes of the Act and this regulation, and

(c) collect the residential address of a director or an attorney of an association and disclose the residential address to an extraprovincial registrar for the purposes of registration of, and maintenance of registration of, the association in a designated province.

Extraprovincial association not intending to carry on business

7  If an extraprovincial association files with the registrar a notice that the association does not carry on business in British Columbia and does not intend to carry on business in British Columbia, the registrar may cancel its registration.

Attorney

8  (1) The first attorney referred to in section 181.4 (1) of the Act must be appointed by an extraprovincial association in the statement provided by it under section 5 of this regulation.

(2) If an extraprovincial association appoints more than one attorney, the name and address of every attorney must be shown on the statement required by section 5 of this regulation, or in the notice required by section 181.4 (3) (a) of the Act.

(3) An attorney must, in the presence of a witness, sign the statement referred to in section 5 as evidence of consent to act as attorney.

Notice of changes to be filed

9  An extraprovincial association must promptly give notice to the registrar of any change

(a) in the address of its head office in or out of British Columbia,

(b) in the address of any attorney of the association in British Columbia, and

(c) of its directors.

[am. B.C. Reg. 111/2013, s. 2.]

Amalgamation of extraprovincial association

10  In addition to fulfilling the requirements of section 181.5 (1) of the Act, an amalgamated extraprovincial association must file with the registrar

(a) a statement completed by the amalgamated extraprovincial association in a form established by the registrar, accompanied by a copy, verified in a manner satisfactory to the registrar, of the charter of the amalgamated extraprovincial association, and

(b) other information the registrar requires.

Mailing address for section 194.4 of Act

11  A letter mailed under section 194.4 of the Act to an extraprovincial association may be addressed to the attorney of the association or to its head office in British Columbia.

[am. B.C. Reg. 111/2013, s. 3.]

How registrar may transmit records, etc.

12  (1) In this section and in section 13, "association" has the same meaning as in section 1 of the Act.

(2) In subsection (4), "service provider" means the service provider designated by the registrar to perform a name search required by the extraprovincial registrar referred to in that subsection.

(3) The registrar may collect records, filings, applications, information, forms, notices and fees from an association for an extraprovincial registrar and transmit them to the extraprovincial registrar in one or more of the following manners, as applicable:

(a) electronically;

(b) by facsimile transmission;

(c) by mail.

(4) Without limiting subsection (3), the registrar may collect a name search fee for a name search required by the extraprovincial registrar for Alberta and transmit the fee to the service provider.

[am. B.C. Reg. 111/2013, s. 4.]

Registrar must obtain consent

13  Before transmitting the matters referred to in section 12 to an extraprovincial registrar, the registrar must obtain the consent of the association.

[Provisions relevant to the enactment of this regulation: Cooperative Association Act, S.B.C. 1999, c. 28, sections 178.4 and 211]