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“Point in Time” Act Content

COOPERATIVE ASSOCIATION ACT

[SBC 1999] CHAPTER 28

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1June 12, 2000
 March 29, 2004
 March 29, 2004
 March 29, 2007
 March 29, 2007
 March 29, 2007
 March 29, 2007
 March 29, 2007
 March 29, 2007
 March 29, 2007
 April 27, 2009
 November 1, 2012
 March 10, 2016
1 to 5January 31, 2001
5December 31, 2001
5 to 7March 29, 2007
6 to 49January 31, 2001
6June 12, 2000
7March 29, 2004
11March 29, 2007
 November 1, 2012
 March 10, 2016
12June 12, 2000
 June 12, 2000
 March 29, 2007
13June 12, 2000
15November 1, 2012
 November 1, 2012
17June 12, 2000
18November 1, 2012
22November 1, 2012
23March 29, 2007
24April 27, 2009
29June 12, 2000
30June 12, 2000
31June 12, 2000
35June 12, 2000
35.1June 1, 2013
36June 1, 2013
37June 12, 2000
 June 12, 2000
 June 12, 2000
 June 12, 2000
 July 1, 2010
 July 1, 2010
 June 1, 2013
 June 1, 2013
38June 12, 2000
 March 29, 2007
48June 12, 2000
49June 12, 2000
50June 12, 2000
51 to 126January 31, 2001
59June 12, 2000
67March 29, 2007
 November 1, 2012
Part 4, Division 5, sections 67.1 to 67.4March 29, 2007
68March 29, 2007
69November 1, 2012
70March 29, 2007
72March 29, 2007
73June 12, 2000
78March 29, 2007
79March 29, 2007
 May 14, 2015
83March 29, 2007
86March 29, 2007
87March 29, 2007
89March 29, 2007
91June 12, 2000
 June 12, 2000
 June 12, 2000
 June 12, 2000
 June 12, 2000
94June 12, 2000
100June 12, 2000
103June 12, 2000
107March 29, 2007
110June 12, 2000
 June 12, 2000
 March 29, 2007
 June 24, 2015
 June 24, 2015
113.1March 29, 2007
Part 7, Division 1.1, sections 113.2March 29, 2007
114June 12, 2000
 June 12, 2000
126June 12, 2000
 March 29, 2007
 March 29, 2007
 November 1, 2012
127June 12, 2000
128June 12, 2000
 December 4, 2006
 March 29, 2007
 November 1, 2012
128 to 172January 31, 2001
130June 12, 2000
133November 1, 2012
134November 1, 2012
135November 1, 2012
139June 12, 2000
 November 1, 2012
140June 12, 2000
Part 8, Division 4 HeadingJune 12, 2000
150June 12, 2000
153June 12, 2000
 June 12, 2000
 June 12, 2000
 May 18, 2006
 May 18, 2006
155March 29, 2007
156March 29, 2007
157December 1, 2007
Part 9, Division 1, sections 157.1 to 157.2March 29, 2007
158March 29, 2007
159March 29, 2007
159.1 and 159.2March 29, 2007
Part 9, Division 3, section 159.3November 1, 2012
160March 29, 2007
161June 12, 2000
 March 29, 2007
163June 12, 2000
164June 12, 2000
170November 1, 2012
172June 12, 2000
172.1January 31, 2001
173 to 221January 31, 2001
173November 1, 2012
 November 1, 2012
Part 11, Division 3, sections 178.1 and 178.2March 29, 2007
178.1November 1, 2012
Part 11.1, sections 178.3 to 178.5April 27, 2009
Part 11.1, HeadingJanuary 15, 2010
178.4October 29, 2009
 October 29, 2009
179March 29, 2007
Part 12, Division 1, section 179.1March 29, 2007
Part 12, Division 2 HeadingMarch 29, 2007
180June 12, 2000
 April 27, 2009
 November 1, 2012
181June 12, 2000
 April 27, 2009
181.1 to 181.3March 29, 2007
181.1November 1, 2012
Part 12, Divisions 3 and 4, sections 181.4 to 181.9March 29, 2007
181.4November 1, 2012
181.41November 1, 2012
182March 29, 2007
 November 1, 2012
183November 1, 2012
184September 1, 2016
185November 1, 2012
187June 12, 2000
 March 29, 2007
189November 1, 2012
191March 29, 2007
193March 29, 2007
Part 14, sections 194 to 197March 29, 2007
194.24November 1, 2012
194.26November 1, 2012
194.34November 1, 2012
194.39November 1, 2012
194.4November 1, 2012
196November 1, 2012
197.7November 1, 2012
199June 12, 2000
 June 12, 2000
 March 29, 2007
 October 29, 2009
 November 1, 2012
200November 28, 2016
201March 29, 2007
202November 28, 2016
203March 29, 2007
 December 1, 2007
 November 28, 2016
204March 29, 2007
Part 16, Division 1, sections 204 to 206November 1, 2012
Part 16, Division 2 HeadingMarch 29, 2007
207October 23, 2003
208March 18, 2013
210June 12, 2000
 April 1, 2004
214June 12, 2000
217November 2, 2017
222March 29, 2004
223 to 228January 31, 2001

  Section 1 (1) definition of "subscriber" was added by 2000-5-1, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-1, effective January 31, 2001 (BC Reg 347/2000).

  Section 1 (1) definition of "Company Act" was added by 2003-70-121(a), effective March 29, 2004 (BC Reg 64/2004).

  Section 1 (5) was added by 2003-70-121(b), effective March 29, 2004 (BC Reg 64/2004).

  Section 1 (1) definition of "association" BEFORE amended by 2007-7-34(a), effective March 29, 2007.

"association" means an association incorporated or continued under this Act or a former Act, and includes a housing cooperative;

  Section 1 (1) definition of "community service cooperative" was added by 2007-7-34(b), effective March 29, 2007.

  Section 1 (1) definition of "Company Act" BEFORE repealed by 2007-7-34(c), effective March 29, 2007.

"Company Act " means, except in subsection (5) of this section, the Company Act, R.S.B.C. 1996, c. 62, as that Act is applied under subsection (5) of this section;

  Section 1 (1) definition of "Company Act, 1996" was added by 2007-7-34(d), effective March 29, 2007.

  Section 1 (1) definition of "federal corporation" was added by 2007-7-34(d), effective March 29, 2007.

  Section 1 (1) definition of "reporting association" BEFORE amended by 2007-7-34(e), effective March 29, 2007.

"reporting association" means an association that was a reporting association under a former Act immediately before the coming into force of this definition and has not ceased under section 2 of this Act to be a reporting association;

  Section 1 (2), (3) and (5) BEFORE amended by 2007-7-34(f), effective March 29, 2007.

(2)  Subject to this section and to any regulations under section 5 (2), and unless the context otherwise requires, words and expressions used in the Company Act, whether or not defined in that Act, have the same meaning for the purposes of this Act as they have in the Company Act.

(3)  For the purposes of the definition of "special rights or restrictions", the expressions "special rights" and "restrictions", when used in this Act, or the Company Act as it applies for the purposes of this Act, whether together or separately, have a corresponding meaning.

(5)  Despite the repeal of the Company Act, R.S.B.C. 1996, c. 62,

(a) a reference in this Act to the Company Act is deemed to be a reference to the Company Act, R.S.B.C. 1996, c. 62, and

(b) the provisions of the Company Act, R.S.B.C. 1996, c. 62, continue to apply, as though that Act had not been repealed, to and in respect of every association in the manner and to the extent provided by this Act.

  Section 1 (1) definition of "extraprovincial association" BEFORE amended by 2008-39-30, effective April 27, 2009 [coming into force of Alberta Reg 107/09 (BC Reg 89/09 as amended by BC Reg 131/09)].

"extraprovincial association" means an extraprovincial corporation that is registered under section 181 as an extraprovincial association;

  Section 1 (1) definition of "memorandum" BEFORE amended by 2012-12-39, effective November 1, 2012 (BC Reg 301/2012).

"memorandum" means an association's memorandum of association with all amendments, and includes the application for registration, certificate of incorporation, or a declaration or other equivalent to a memorandum of association, by whatever name called, of an association registered under this Act on its conversion under section 29 of the Farmers and Womens Institutes Act from an institute under that Act to an association under this Act;

  Section 1 (1) definition of "call" BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)

"call" includes an installment and any other sum paid or payable or agreed to be paid for a membership share;

  Sections 1 to 5 (3) were brought into force by 1999-28-1 to 5(3), effective January 31, 2001 (BC Reg 347/2000).

  Section 5 (2) to 5 (4) were self-repealed by 1999-28-5(4), effective December 31, 2001.

(2)  The Lieutenant Governor in Council, by regulation, may adopt by reference for the purposes of this Act any provisions of the Company Act then in force, either without variation or with variations that the Lieutenant Governor in Council considers necessary or desirable to give effect to this Act according to its intent.

(3)  A regulation under subsection (2) adopting a provision of the Company Act by reference may

(a) limit the application of the provision to or in respect of circumstances specified in the regulation or to or in respect of one or more categories of associations or other persons, and

(b) for the purpose of paragraph (a), define the circumstances and categories on any basis the Lieutenant Governor in Council considers appropriate.

(4)  Subsections (2) and (3) and this subsection are repealed on December 31, 2001.

  Sections 5 to 7 BEFORE repealed by 2007-7-35, effective March 29, 2007.

 Application of Company Act to associations

5  (1)  For the purposes of this Act, the following provisions of the Company Act apply to and in respect of associations:

(a) sections 75 to 78 and 80 to 85 of Division 2, Borrowings, of Part 3;

(b) sections 181 to 182, 186, 187, 191 and 192 of Part 6, Audits;

(c) n relation to proceedings under section 156 of this Act, section 200 (2) to (6), Complaint by members, section 202, Relief, and section 203, Applications to court;

(d) in relation to proceedings under sections 158 and 159 of this Act, Division 3, Investigations, of Part 7, except sections 209 (1), 210 (1) and 212;

(e) subject to sections 6, 173 and 196 (2) of this Act, Part 9, Dissolution and Restoration, Divisions 1 to 3, except sections 256 and 258;

(f) section 233, Reduction of capital.

(2) to (4)  [Repealed 1999-28-5 (4).]

 Application of Company Act to extraprovincial associations

6  For the purposes of this Act, the following provisions of the Company Act apply to and in respect of extraprovincial associations

(a) Division 1, Cancellation, of Part 9, except section 256;

(b) Division 2, Restoration, of Part 9;

(c) Part 10, Extraprovincial Companies, except sections 297, 298, 312 (2) and 313.

 Rules for Company Act interpretation

7  (1)  In this section, "Company Act" means that Act as it applies for the purposes of this Act.

(2)  For the purposes of this Act, a reference in the Company Act

(a) to any of the forms under the Company Act or set out in the schedules to that Act must be read as a reference to the corresponding form prescribed under this Act or, if none, to the form under that Act with the necessary changes to adapt the form for the purposes of this Act,

(b) to "company" must be read as a reference to "association", as the context requires,

(c) to "extraprovincial company" must be read as a reference to "extraprovincial association",

(d) to "reporting company" must be read as a reference to "reporting association",

(e) to "member" or "members" must be read as a reference to "member", "members", "investment shareholder" or "investment shareholders" as necessary to suit the circumstances,

(f) to "memorandum" or "articles" must be read as "memorandum" and "rules", respectively, of an association,

(g) to "minister" must be read as a reference to the minister who is responsible for the administration of this Act, and

(h) to "registered office" or "records office" must be read as a reference to "registered office".

(3)  The Business Corporations Act does not apply to associations or extraprovincial associations.

  Sections 6 to 49 were brought into force by 1999-28-6 to 49, effective January 31, 2001 (BC Reg 347/2000).

  Section 6 (c) BEFORE amended by 2000-5-2, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-6, effective January 31, 2001 (BC Reg 347/2000).]

(c) Part 10, Extraprovincial Companies, except sections 297, 298 and 313.

  Section 7 (3) was added by 2003-70-122, effective March 29, 2004 (BC Reg 64/2004).

  Section 11 (a) BEFORE amended by 2007-7-36, effective March 29, 2007.

(a) make and subscribe, in duplicate, a memorandum according to the prescribed form and the rules adopted by the subscribers,

  Section 11 (b) BEFORE amended by 2012-12-40, effective November 1, 2012 (BC Reg 301/2012).

(b) file the memorandum and rules in the office of the registrar and fulfil the requirements of sections 12 and 13, and

  Section 11 (b) BEFORE amended by 2016-5-43,Sch 4, effective March 10, 2016 (Royal Assent)

(b) file with the registrar 2 copies of the memorandum and rules and fulfil the requirements of sections 12 and 13, and

  Section 12 (b) BEFORE amended by 2000-5-3, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-12, effective January 31, 2001 (BC Reg 347/2000).]

(b) show opposite the name of every subscriber the number of investment shares, if any, taken by the subscriber and, if there are investment shares of different kinds and classes, the number of investment shares of each kind and class taken by the subscriber,

  Section 12 (e) (ii) BEFORE amended by 2000-5-3, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-12, effective January 31, 2001 (BC Reg 347/2000).]

(ii)  section 196 (2) of the Cooperative Association Act applies to the association and identify that statement as an unalterable provision,

  Section 12 (e.1) was added by 2007-7-37, effective March 29, 2007.

  Section 13 (2) BEFORE amended by 2000-5-4, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-13, effective January 31, 2001 (BC Reg 347/2000).]

(2)  The association's rules must either be in the prescribed form or provide for each of the matters that are prescribed.

  Section 15 BEFORE amended by 2012-12-41, effective November 1, 2012 (BC Reg 301/2012).

 Registration documents

15  (1)  After receiving the material required to be filed with the registrar under sections 11 and 14, the registrar, if satisfied that the material filed meets the requirements of this Part, must

(a) register the memorandum and rules and enter the name of the association in the registrar's records,

(b) issue a certificate of incorporation showing that the association is incorporated under this Act, and

(c) publish in the Gazette notice of the incorporation of the association together with a statement of the purpose of the association.

(2)  The registrar must retain and register one copy of the memorandum and rules and return the other copy to the applicants, certified as having been filed with the registrar.

  Section 15 (1) (c) BEFORE amended by 2012-12-42, effective November 1, 2012 (BC Reg 301/2012).

(c) publish in the Gazette notice of the incorporation of the association together with a statement of the purpose of the association.

  Section 17 BEFORE changes were made by 2000-5-5, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-17, effective January 31, 2001 (BC Reg 347/2000).]

 Incorporation from date of certificate

17  On and after the date of the certificate of incorporation, the subscribers to the memorandum, and other persons who may become members of the association, are a corporation by the name described, subject to this Act.

  Section 18 BEFORE amended by 2012-12-43, effective November 1, 2012 (BC Reg 301/2012).

 Effect of memorandum and rules

18  The memorandum and rules, when registered, bind the association, its members and its investment shareholders to the same extent as if the memorandum and rules

(a) had each been signed and sealed by the association, each member and each investment shareholder, and

(b) each contained covenants on the part of each member and investment shareholder to observe the memorandum and rules.

  Section 22 (a) BEFORE amended by 2012-12-44, effective November 1, 2012 (BC Reg 301/2012).

(a) for a period of 2 months from the date of reservation,

  Section 23 (3) BEFORE amended by 2007-7-38, effective March 29, 2007.

(3)  An association must not include in its name the words "not for profit" or "non profit" or any words of similar import unless section 173 applies to the association.

  Section 24 BEFORE amended by 2008-39-31, effective April 27, 2009 [coming into force of Alberta Reg 107/09 (BC Reg 89/09 as amended by BC Reg 131/09)].

 Registrar's discretion as to name

24  An association must not be incorporated under section 10, a corporation must not be continued under section 185 and an extraprovincial corporation must not be registered as an extraprovincial association under section 181 under a name that

(a) the registrar for a good and valid reason disapproves, or

(b) does not comply with the applicable requirements of this Division.

  Section 29 BEFORE amended by 2000-5-6, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-29, effective January 31, 2001 (BC Reg 347/2000).]

29  The members of an association are the subscribers to the association's memorandum and the persons and eligible organizations admitted to membership in the association according to its rules.

  Section 30 BEFORE amended by 2000-5-7, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-30, effective January 31, 2001 (BC Reg 347/2000).]

30  An association, in its rules, must designate a class of shares as the membership shares and provide, as a condition of the admission of a person or eligible organization as a member of the association, that the person subscribe for a minimum number of membership shares.

  Section 31 (3) BEFORE amended by 2000-5-8, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-31, effective January 31, 2001 (BC Reg 347/2000).]

(3)  Despite the Infants Act, the Age of Majority Act or the common law and subject to subsection (4) of this section, an individual admitted to membership in an association who is under 19 years of age and who are at least 16 years of age

  Section 35 (3) (a) BEFORE amended by 2000-5-9, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-35, effective January 31, 2001 (BC Reg 347/2000).]

(a) the member has not paid rent, occupancy charges or other money due by the member to the housing cooperative in respect of the residential premises;

  Section 35.1 was enacted by 2012-12-45, effective June 1, 2013 (BC Reg 333/2012).

  Section 36 (2) BEFORE amended by 2012-12-46, effective June 1, 2013 (BC Reg 333/2012).

(2)  Within 7 days after the date on which a proposed resolution to terminate a membership referred to in subsection (1)

(a) is withdrawn,

(b) is defeated because it does not receive the required majority, or

(c) is passed by the required majority,

the directors must deliver written notice of the outcome to the member.

  Section 37 (2.1) was added by 2000-5-10, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-37, effective January 31, 2001 (BC Reg 347/2000).]

  Section 37 (3) and (4) BEFORE amended by 2000-5-10, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-37, effective January 31, 2001 (BC Reg 347/2000).]

(3)  A person whose membership in a housing cooperative, for the reason referred to in section 35 (4), is terminated by a resolution of the directors confirmed by special resolution may appeal the termination of the person's membership to the court before expiry of the 30 day period beginning on the day after the person is served with notice of the passage of the special resolution.

(4)  An appeal to the court under subsection (3) must be commenced in accordance with Rule 49 of the Rules of Court by notice of appeal

  Section 37 (4.1) and (4.2) were added by 2000-5-10, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-37, effective January 31, 2001 (BC Reg 347/2000).]

  Section 37 (5) BEFORE amended by 2000-5-10, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-37, effective January 31, 2001 (BC Reg 347/2000).]

(5)  An appeal to the court under subsection (3) must be a new hearing, and the court may hear all of the evidence the court considers relevant, including but not limited to the evidence of the housing cooperative and the person, and the court

(a) must either

(i)  restore the membership in the housing cooperative of the person whose membership was terminated by the special resolution, with the restoration to be effective on and after a date specified by the court, or

(ii)  confirm the special resolution by which the members of the housing cooperative confirmed the termination of the person's membership, and

(b) may make any other order that the court considers appropriate.

  Section 37 (4) (part) BEFORE amended by 2010-6-33(a), effective July 1, 2010.

(4)  An appeal to the court under subsection (3) must be commenced in accordance with Rule 49 of the Rules of Court by notice of appeal in Form 59

  Section 37 (4.1) BEFORE amended by 2010-6-33(b), effective July 1, 2010.

(4.1)  If a person commences an appeal under subsection (3) from a decision of a housing cooperative to terminate that person's membership, the housing cooperative may file an application under section 172 (1) with its appearance under Rule 49 (6) of the Rules of Court. 

  Section 37 (1), (3) and (5) BEFORE amended by 2012-12-47(a), effective June 1, 2013 (BC Reg 333/2012).

(1)  A person whose membership in an association is terminated under section 34 or 35 may appeal the decision of the directors at the next meeting of the association, by delivering a notice of appeal to the association within 7 days after delivery of written notice under section 36 (2).

(3)  A person who has been served with a notice under subsection (2.1) (a) (i) may appeal the termination to the court before the expiry of the 30 day period beginning on the day after the person is served with the notice on any of the following grounds: 

(a) the housing cooperative failed to observe the principles of natural justice in terminating the membership; 

(b) the decision of the housing cooperative is not reasonably supported by the facts; 

(c) the decision of the housing cooperative is not authorized by section 35. 

(5)  An appeal to the court under subsection (3) may be a new hearing and the court may hear all the evidence the court considers relevant including, but not limited to, the evidence of the housing cooperative and the person, and the court 

(a) must either 

(i)  despite section 39, restore the membership in the housing cooperative of the person whose membership was terminated by the resolution or special resolution, with the restoration to be effective on and after a date specified by the court, and if an application has been made under section 172.1, the court must make an order of possession in favour of the member, or

(ii)  confirm the resolution or special resolution by which the members of the housing cooperative confirmed the termination of the person's membership, and if an application has been made under section 172, the court must make an order of possession in favour of the housing cooperative, and 

(b) may make any other order that the court considers appropriate.

  Section 37 (2) BEFORE amended by 2012-12-47(b) and (c), effective June 1, 2013 (BC Reg 333/2012).

(2)  A person whose membership in an association is terminated and who, under and within the time limited by subsection (1), appeals the termination of the membership, continues, despite the resolution of the directors terminating the membership, to be a member of the association unless the members at the general meeting to which the appeal is brought confirm the termination of the membership

(a) in the case of a membership in an association other than a housing cooperative,

(i)  if the membership is terminated for any of the reasons referred to in section 34 (4) (b) or (c), by a resolution requiring a simple majority or, if provided by the association's rules, a greater majority, or

(ii)  if the membership is terminated for the reason referred to in section 34 (4) (a), by a special resolution, or

(b) in the case of a membership in a housing cooperative,

(i)  if the membership is terminated for any of the reasons referred to in section 35 (3), by a resolution requiring a simple majority or, if provided by the housing cooperative's rules, a greater majority, or

(ii)  if the membership is terminated for the reason referred to in section 35 (4), by a special resolution.

  Section 38 (3) BEFORE amended by 2000-5-11, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-38, effective January 31, 2001 (BC Reg 347/2000).]

(3)  The entitlement described in subsection (2), of a person whose membership in a housing cooperative is terminated or who withdraws from membership in a housing cooperative, is postponed until the person has given up the actual possession and occupancy of any residential premises in which the person had a right to possession or occupancy dependent on the person's membership.

  Section 38 (4) BEFORE amended by 2007-7-39, effective March 29, 2007.

(4)  In the case of an association to which section 173 or 196 (2) applies, the refund on account of membership shares must not exceed the amount paid up on the member's membership shares.

  Section 48 (1) (b) BEFORE amended by 2000-5-12, effective June 12, 2000 (Royal Assent).

Note: The above is an amendment to 1999-28-48, effective January 31, 2001 (BC Reg 347/2000).]

(b) if authorized by the association's memorandum or rules, one or more classes of investment shares, with or without par value.

  Section 49 BEFORE enacted by 2000-5-13, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-49, effective January 31, 2001 (BC Reg 347/2000)].

49  An association may provide in its memorandum or rules for the association to issue investment shares, and if the memorandum or rules so provide,

(a) the memorandum and rules, considered together, must be consistent with the requirements for investment shares in section 48 and must set out the following:

(i)  whether the investment shares may be issued to non-members;

(ii)  whether the number of investment shares that may be issued is unlimited and, if not, the maximum number of investment shares that may be issued;

(iii)  the number of classes of investment shares;

(iv)  whether the investment shares in each class are with or without par value, and

(b) the association's rules must set out the following:

(i)  the special rights and restrictions attached to the investment shares;

(ii)  if there is more than one class of investment shares, the designation of each class and the special rights and restrictions attached to each class.

  Section 50 BEFORE repealed by 2000-5-14, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-50, effective January 31, 2001 (BC Reg 347/2000).]

 Consistency between memorandum and rules

50  If an association provides in its rules or memorandum for the association to issue investment shares, the association's rules, considered together with the memorandum, must be consistent with the requirements of sections 48 and 49.

  Sections 51 to 126 were brought into force by 1999-28-51 to 126, effective January 31, 2001 (BC Reg 347/2000).

  Section 59 (2), (3) and (4) BEFORE amended by 2000-5-15, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-59, effective January 31, 2001 (BC Reg 347/2000).]

(2)  The memorandum or rules of an association may provide that investment shares, or if there are classes or series of investment shares, investment shares of a specified class or series of investment shares, confer on their holders the right

(a) to vote on an election of directors because of the occurrence of a contingency that has occurred and is continuing, or

(b) to elect a fixed number or a percentage of the directors.

(3)  A right referred to in subsection (2) is exercisable at a separate meeting of the investment shareholders or of the holders of the investment shares of the specified class or series, as the case may be.

(4)  Despite subsection (2) of this section, the memorandum or rules must not provide

(a) contrary to section 72, or

(b) that the investment shareholders have the right to elect more than 20% of the directors.

  Section 67 BEFORE re-enacted by 2007-7-40, effective March 29, 2007.

 Reduction of Capital

67  (1)  This section is to be read together with the relevant provisions of the Company Act that, in section 5 of this Act or by a regulation under section 5 (2), are adopted by reference for the purposes of this Act.

(2)  An association may reduce its membership share capital or investment share capital by special resolution in any way that a company having share capital is authorized under the Company Act to reduce its share capital.

  Section 67 (3) BEFORE amended by 2012-12-48, effective November 1, 2012 (BC Reg 301/2012).

(3)  A resolution under subsection (1) does not take effect until the registrar has accepted for filing a certified copy of the resolution and the court order.

  Part 4, Division 5, sections 67.1 to 67.4 were enacted by 2007-7-41, effective March 29, 2007.

  Section 68 (1) BEFORE amended by 2007-7-42, effective March 29, 2007.

(1)  Subject to subsection (2) of this section and to sections 70, 173 and 196 (2), an association may amend its memorandum and rules to do any of the following:

  Section 69 (1), (2) and (3) BEFORE amended by 2012-12-49, effective November 1, 2012 (BC Reg 301/2012).

 Effective date of amendment

69  (1)  A special resolution for a purpose referred to in section 68 (1) does not take effect until a certified copy of it has been filed with and registered by the registrar.

(2)  On the registrar accepting for filing a certified copy of a special resolution changing the name of an association, the registrar must issue a certificate showing the change of name and the date the change is effective.

(3)  The registrar must publish notice of a change of name in the Gazette.

  Section 70 (2) BEFORE amended by 2007-7-43, effective March 29, 2007.

(2)  The rights, obligations and limitations applicable to a class of membership in an association with more than one class of membership must not be prejudiced or interfered with under the association's memorandum or rules unless members of that class of membership, in a separate vote of those members on the special resolution, consent by the majority required for a special resolution of the association.

  Section 72 (3) BEFORE amended by 2007-7-44, effective March 29, 2007.

(3)  An association may provide in its rules for the election or appointment of directors who are neither members nor persons authorized under section 32.

  Section 73 (1) BEFORE amended by 2000-5-16, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-73, effective January 31, 2001 (BC Reg 347/2000).]

(1)  The first directors of an association must be appointed in writing by a majority of the subscribers to the memorandum.

  Section 78 (1) BEFORE amended by 2007-7-45, effective March 29, 2007.

(1)  Every association, within 15 days after the appointment or election of a director, must file with the registrar a notice, in the prescribed form, of the appointment or election.

  Section 79 (3) BEFORE amended by 2007-7-46, effective March 29, 2007.

(3)  An individual who is not a member of an association or a person authorized under section 32 is not qualified to become or act as a director of an association other than as a non-member director of the association, if the association's rules allow non-member directors in accordance with section 72.

  Section 79 (4) (d) (iii) BEFORE amended by 2015-18-296, effective May 14, 2015 (Royal Assent).

(iii) a pardon was granted or issued under the Criminal Records Act (Canada).

  Section 83 (1) BEFORE amended by 2007-7-45, effective March 29, 2007.

(1)  Every association, within 15 days after the resignation or removal of a director or the association becoming aware of a director of the association not being qualified, must file with the registrar a notice, in the prescribed form, of a director ceasing to hold office.

  Section 86 (2) BEFORE amended by 2007-7-47(a) and (b), effective March 29, 2007.

(2)  For the purposes of subsection (1) and this Division, a director or officer of an association does not hold a disclosable interest in a contract or transaction if the interest referred to in subsection (1) (c) arose before the coming into force of this Act and was not one for which disclosure was required under a former Act, as defined in section 1 of this Act, or under the Company Act, or under a former Company Act or Companies Act, as they applied for the purposes of a former Act as defined in section 1 of this Act.

  Section 87 (1) BEFORE amended by 2007-7-48(a) and (b), effective March 29, 2007.

(1)  A director or officer of an association, in accordance with section 88, must disclose the nature and extent of any disclosable interest held by that person in a contract or transaction unless, before the coming into force of this Act, the disclosable interest was disclosed in the manner and within the time required under a former Act, as defined in section 1 of this Act, or under the Company Act, or under a former Company Act or Companies Act, as they applied for the purposes of a former Act as defined in section 1 of this Act.

  Section 89 (2) (a) BEFORE amended by 2007-7-49, effective March 29, 2007.

(a) the disclosable interest was disclosed before the coming into force of this Act in the manner and within the time required, at the time of the disclosure, under a former Act, as defined in section 1 of this Act, under the Company Act, or under a former Company Act or Companies Act, as they applied for the purposes of a former Act as defined in section 1 of this Act, and the contract or transaction was approved

(i)  n the manner and within the time required under the applicable Act, or

(ii)  in accordance with section 90 of this Act,

  Section 91 (2) BEFORE amended by 2000-5-17, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-91, effective January 31, 2001 (BC Reg 347/2000).]

(2)  Subject to subsection (4), if the contract or transaction in which a director or officer holds a disclosable interest is approved by the directors under section 90 (2), the directors, in accordance with subsection (3) of this section, must provide a brief description of the interest held by that person, including the nature and extent of the interest.

  Section 91 (3) (a), (b) and (c) BEFORE amended by 2000-5-18, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-91, effective January 31, 2001 (BC Reg 347/2000).]

(3)  The information required under subsection (2) must be provided,

(a) if an annual general meeting of the association is held after the date on which approval or affirmation was given, but in the financial year in which that date falls,

(i)  at that annual general meeting, and

(ii)  in the minutes of that meeting,

(b) if no such annual general meeting is held, as an attachment to the association's financial statements issued for that financial year, or

(c) if no such annual general meeting is held and the production of financial statements for that financial year is waived, in a record, deposited in the registered office of the association promptly after the directors become aware that disclosure cannot be made under paragraph (a) or (b) of this subsection.

  Section 91 (4) (a) (i) BEFORE amended by 2000-5-19, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-91, effective January 31, 2001 (BC Reg 347/2000).]

(i)  if disclosure is waived or deferred by the court, or

  Section 91 (4) (b) BEFORE amended by 2000-5-19, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-91, effective January 31, 2001 (BC Reg 347/2000).]

(b) must be disclosed in accordance with any order of the court under paragraph (a) (i) deferring disclosure.

  Section 91 (5) BEFORE amended by 2000-5-20, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-91, effective January 31, 2001 (BC Reg 347/2000).]

(5)  The court may make an order under subsection (4) (a) (i) waiving or deferring disclosure

  Section 94 (c) BEFORE amended by 2000-5-21, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-94, effective January 31, 2001 (BC Reg 347/2000).]

(c) the directors or members of the association have not approved or affirmed a contract or transaction in which a director or officer of the association has an interest.

  Section 100 (2) BEFORE amended by 2000-5-22, effective June 12, 2000 (Royal Assent)].

[Note: The above is an amendment to 1999-28-100, effective January 31, 2001 (BC Reg 347/2000).]

(2)  An association must not make the payments referred to in subsection (1) unless the association first receives from the eligible party a written undertaking that, if it is ultimately determined that the payment of expenses is not permitted by section 101, the eligible party will repay the amounts advanced.

  Section 103 BEFORE amended by 2000-5-23, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-103, effective January 31, 2001 (BC Reg 347/2000).]

103  An association may purchase and maintain insurance for the benefit of an eligible party or the heirs and personal or other legal representatives of the eligible party against any liability that may be incurred by reason of the eligible party being or having been a director or officer of, or holding a position equivalent to that of a director or officer of, the association or an associated corporation.

  Section 107 BEFORE repealed by 2007-7-50, effective March 29, 2007.

 Application of the Company Act

107  The provisions of this Part are to be read together with the relevant provisions of the Company Act that, in section 5 of this Act or by a regulation under section 5 (2), are adopted by reference for the purposes of this Act.

  Section 110 (1) (c) (i) BEFORE amended by 2000-5-24, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-110, effective January 31, 2001 (BC Reg 347/2000).]

(i)  for its member associations, and

  Section 110 (3) BEFORE amended by 2000-5-24, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-110, effective January 31, 2001 (BC Reg 347/2000).]

(3)  An order under subsection (2) may have retrospective affect.

  Section 110 (1) (b) BEFORE amended by 2007-7-51, effective March 29, 2007.

(b) the person is certified by the Auditor Certification Board under the Company Act,

  Section 110 (1) (part) BEFORE amended by 2015-1-89 (a), effective June 24, 2015 (BC Reg 114/2015).

(1) A person is qualified to act as an auditor of an association if not disqualified under section 111 and if

  Section 110 (1) (a) BEFORE amended by 2015-1-89 (b), effective June 24, 2015 (BC Reg 114/2015).

(a) the person is a member of

(i) a Provincial or Territorial Institute / Ordre of Chartered Accountants within Canada, or

(ii) the Certified General Accountants Association of British Columbia,

  Section 113.1 was enacted by 2007-7-52, effective March 29, 2007.

  Division 1.1, section 113.2 (Part 7) was enacted by 2007-7-53, effective March 29, 2007.

  Section 114 (2) (b) BEFORE amended by 2000-5-25, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-114, effective January 31, 2001 (BC Reg 347/2000).]

(b) the financial statement is in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding period.

  Section 114 (3) BEFORE amended by 2000-5-25, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-114, effective January 31, 2001 (BC Reg 347/2000).]

(3)  If the financial statement contains a statement of changes in net assets or a statement of source and application of funds, the auditor must state in the auditor's report whether, in the auditor's opinion, the statement of changes in net assets or the statement of source and application of funds presents fairly that information.

  Section 126 (1) BEFORE amended by 2000-5-26, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-126, effective January 31, 2001 (BC Reg 347/2000)].

(1)  Within 2 months after each anniversary of an association's incorporation, amalgamation or continuation in British Columbia, the association must file with the registrar an annual report in the prescribed form and containing prescribed information that is current to the most recent anniversary date.

  Section 126 (1) BEFORE amended by 2007-7-54, effective March 29, 2007.

(1)  Subject to subsection (1.1), the association must file with the registrar an annual report, current to the end of the most recently completed financial year of the association, within 2 months after an association's annual general meeting, in the prescribed form and containing the prescribed information.

  Section 126 (2) BEFORE amended by 2007-7-54, effective March 29, 2007.

(2)  Within 2 months after each anniversary of the date of an extraprovincial association's registration in British Columbia, the extraprovincial association must file with the registrar an annual report in the prescribed form and containing prescribed information that is current to the most recent anniversary date.

  Section 126 (1) and (2) BEFORE amended by 2012-12-50, effective November 1, 2012 (BC Reg 301/2012).

(1)  Subject to subsection (1.1), the association must file with the registrar an annual report, current to the end of the most recently completed financial year of the association, within 2 months after an association's annual general meeting, in a form established by the registrar and containing the prescribed information.

(2)  Within 2 months after each anniversary of the date of an extraprovincial association's registration in British Columbia, the extraprovincial association must file with the registrar an annual report in a form established by the registrar and containing prescribed information that is current to the most recent anniversary date.

  Section 127 BEFORE repealed by 2000-5-27, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-127, effective January 31, 2001 (BC Reg 347/2000).]

 Financial statements of reporting associations

127  (1)  months after each anniversary of its incorporation, amalgamation or continuation in British Columbia, a reporting association must file with the registrar a copy of the financial statements referred to in subsection (2) and the auditor's report.

(2)  The financial statements referred to in subsection (1) must be approved by the directors, evidenced by the signatures of 2 directors, and must be comparative statements relating to

(a) the period

(i)  beginning on the date of incorporation or, if the reporting association has completed a financial year, at the end of the last completed financial year, and

(ii)  ending not more than 4 months before the annual general meeting, and

(b) the period, if any, that was the financial year immediately before the last completed financial year.

(3)  However, a financial statement of a reporting association may relate only to the period ending not more than 4 months before the annual general meeting if the reason for the omission of the statement in respect of the periods covered by the previous financial statement is set out in the financial statement.

(4)  The financial statements of reporting associations must include each of the following, by whatever name called:

(a) a statement of income and expenditure for each period;

(b) a statement of surplus for each period;

(c) a statement of source and application of funds for each period;

(d) a balance sheet as of the end of each period.

(5)  Despite subsection (4) (c), a reporting association's statement of source and application of funds may be omitted if the reason for the omission is set out in the financial statement.

  Section 128 (2) (b) BEFORE amended by 2000-5-28, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-128, effective January 31, 2001 (BC Reg 347/2000).]

(b) a copy of every audited financial statement of the association and its subsidiaries, whether or not consolidated with the financial statement of the association, including the auditor's reports;

  Section 128 (2) (b) (i) BEFORE amended by BC Reg 343/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 343/2006).

(i)  every audited financial statement of the association and its subsidiiaries, whether or not consolidated with the financial statement of the association, including the auditor's report, and

  Section 128 (1) BEFORE amended by 2007-7-55(a), (b) and (c), effective March 29, 2007.

128  (1)  An association must keep each of the following records at its registered office, and, subject to section 141, must make the records available at that office for inspection during the association's normal business hours by any person:

(a) its certificate of incorporation;

(b) a copy of its memorandum, including every amendment of it;

(c) a copy of its rules, including every amendment of them;

(d) its register of members;

(e) its register of investment shareholders;

(f) its register of transfers;

(g) its register of directors;

(h) its register of debentureholders, except as provided by section 78 of the Company Act, as it applies for the purposes of this Act;

(i) its register of debentures;

(j) its register of indebtedness;

(k) its register of allotments;

(l) a copy of every document or other record filed with the registrar relating to the association;

(m) a copy of every certificate issued to it by the registrar;

(n) a copy of every order of the minister or the registrar relating to the association;

(o) a copy of every written contract under which the association has allotted any shares for a consideration other than cash;

(p) if the association is being wound up, the minutes of every meeting of its creditors;

(q) a copy of every prospectus and takeover bid circular issued in the preceding 10 years by the association or any subsidiary;

(r) a copy of every information circular issued in the preceding 10 years by the association or any subsidiary;

(s) a copy of the instrument of continuation under section 183, if any;

(t) if a receiver or receiver manager is appointed under an instrument registered in the office of the registrar, the name and address of the receiver or receiver manager, the date of the appointment of the receiver or receiver manager and the date the receiver or receiver manager ceases to act or completes the duties of that office;

(u) if the association is an amalgamated association, every record, document or instrument described in paragraphs (a) to (t), of each of the amalgamating associations.

  Section 128 (1) (t) BEFORE amended by 2012-12-51, effective November 1, 2012 (BC Reg 301/2012).

(t) if a receiver or receiver manager is appointed under an instrument registered in the office of the registrar, the name and address of the receiver or receiver manager, the date of the appointment of the receiver or receiver manager and the date the receiver or receiver manager ceases to act or completes the duties of that office;

  Sections 128 to 172 were brought into force by 1999-28-128 to 172, effective January 31, 2001 (BC Reg 347/2000).

  Section 130 (5) BEFORE amended by 2000-5-29, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-130, effective January 31, 2001 (BC Reg 347/2000).]

(5)  If the directors consider it appropriate in the circumstances they may allow a person to examine the minutes of the directors, subject to any conditions or restrictions specified by the directors.

  Section 133 (1) BEFORE amended by 2012-12-52, effective November 1, 2012 (BC Reg 301/2012).

(1)  Subject to fulfillment of the conditions in subsection (2), a person may obtain one or more of the following lists:

(a) a membership list, setting out the names and addresses of the association's members and the number of membership shares held by each;

(b) an investment shareholder list, setting out the names and addresses of the association's investment shareholders and the number and class of investment shares held by each;

(c) a debentureholder list, setting out the names and addresses of the association's debentureholders.

  Section 134 BEFORE amended by 2012-12-53, effective November 1, 2012 (BC Reg 301/2012).

 Prohibition against improper use of list

134  A person must not use an association's membership list, investment shareholder list or debentureholder list for other than corporate purposes pertaining to that association.

  Section 135 (1) (b) BEFORE amended by 2012-12-53, effective November 1, 2012 (BC Reg 301/2012).

(b) provide a person who complies with the conditions under section 133 with a membership list, investment shareholder list or debentureholder list requested under that section by the person, made up to a date not more than 14 days before the date of delivery of the written application under section 133 (2) to the association or its agent.

  Section 139 (1) BEFORE amended by 2000-5-30, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-139, effective January 31, 2001 (BC Reg >347/2000)].

(1)  An association must file with the registrar, in duplicate, every special resolution required by section 68 (2).

  Section 139 (1) and (2) BEFORE amended by 2012-12-54, effective November 1, 2012 (BC Reg 301/2012).

(1)  An association must file with the registrar, in duplicate, every special resolution required by sections 68 (2), 71 (2), 191 (3) (a) and 197 (1) (a).

(2)  The registrar must register one copy of a special resolution filed under subsection (1) and return the other copy certified as having been filed with the registrar.

  Section 140 BEFORE amended by 2000-5-31, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-140, effective January 31, 2001 (BC Reg 347/2000).]

140  A notice, return or resolution required to be filed with the registrar must be authenticated by a director or officer of the association.

  Part 8 Division 4 heading BEFORE enacted by 2000-5-32, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-Part 8.1 hdg, effective January 31, 2001 (BC Reg 347/2000).]

Division 4 — Meetings

  Section 150 (2) (c) BEFORE amended by 2000-5-33, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-150, effective January 31, 2001 (BC Reg 347/2000).]

(c) if there are more than 5 000 members of the association, at least the greater of

(i)  500 members, and

(ii)  5% of the members.

  Section 153 (1) (b) (v) BEFORE amended by 2000-5-34, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-153, effective January 31, 2001 (BC Reg 347/2000).]

(v)  in the case of an association, other than a mutual fund in British Columbia as defined in the Securities Act, a statement of source and application of funds for each period,

  Section 153 (2) BEFORE amended by 2000-5-34, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-153, effective January 31, 2001 (BC Reg 347/2000).]

(2)  The statements referred to in subsection (1) need not be designated as a statement of profit and loss, statement of surplus, statement of changes in net assets, statement of source and application of funds or balance sheet.

  Section 153 (4) BEFORE amended by 2000-5-34, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-153, effective January 31, 2001 (BC Reg 347/2000).]

(4)  Despite subsection (1) (b) (v), the statement of source and application of funds may be omitted if the reason for the omission is set out in the financial statement.

  Section 153 (1) (b) (v) and (vi) BEFORE amended by 2006-32-68(a), effective May 18, 2006 (Royal Assent).

(v)  in the case of an association, other than a mutual fund in British Columbia as defined in the Securities Act, a statement of cash flows for each period,

(vi)  in the case of a mutual fund in British Columbia as defined in the Securities Act, a statement of changes in net assets for each period, and

  Section 153 (5) and (6) were added by 2006-32-68(b), effective May 18, 2006 (Royal Assent).

  Section 155 BEFORE repeal by 2007-7-56, effective March 29, 2007.

 Application of the Company Act

155  The provisions of this Part are to be read together with the relevant provisions of the Company Act that, in section 5 of this Act or by a regulation under section 5 (2), are adopted by reference for the purposes of this Act.

  Section 156 (3), (4) and (5) were added by 2007-7-57, effective March 29, 2007.

  Section 157 (2) (b) BEFORE amended by 2007-14-218,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) a failure by an association to fulfill its obligations under this Act, the regulations or the association's memorandum or rules,

  Sections 157.1 and 157.2 were added to Part 9, Division 1 by 2007-7-58, effective March 29, 2007.

  Section 158 BEFORE amended by 2007-7-59, effective March 29, 2007.

 Court may order investigation

158  On the application of at least 20% of the members or one or more investment shareholders holding in the aggregate at least 20% of the issued investment shares of any class of investment share, the court may appoint a person as an inspector to investigate the affairs and management of an association and any of its affiliates, and may determine the manner and extent of the investigation.

  Section 159 BEFORE amended by 2007-7-60, effective March 29, 2007.

 Association may require investigation

159  An association may appoint an inspector by special resolution to investigate the affairs and management of the association and any of its affiliates, and to report in the manner and to the persons the resolution directs.

  Sections 159.1 and 159.2 were added to Part 9, Division 2 by 2007-7-61, effective March 29, 2007.

  Section 159.3, Division 3 of Part 9, was enacted by 2012-12-55, effective November 1, 2012 (BC Reg 301/2012).

  Section 160 BEFORE amended by 2007-7-62, effective March 29, 2007.

"reasonable value" means the value of a dissenter's shares immediately before the date of the resolution authorizing or effecting the corporate action in respect of which the dissenter dissented, excluding any appreciation or depreciation in anticipation of the corporate action unless exclusion would be inequitable, but in respect of membership shares of an association to which section 173 or 196 (2) applies, must not exceed the amount paid up on those member's membership shares.

  Section 161 (1) (a) BEFORE amended by 2000-5-35, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-161, effective January 31, 2001 (BC Reg 347/2000).]

(a) a resolution to amend the association's memorandum or rules, as the case may be, to create a class or classes of investment shares that are not restricted to members only;

  Section 161 (f) was added by 2007-7-63, effective March 29, 2007.

  Section 163 (1) BEFORE amended by 2000-5-36, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-163, effective January 31, 2001 (BC Reg 347/2000).]

(1)  If a resolution that might give rise to a notice of dissent is to be considered at a general meeting or a class meeting, the association must give notice to each of its members or investment shareholders, as the case may be, in the same manner as set out in sections 147, accompanied by

  Section 164 (1) (a) BEFORE amended by 2000-5-37, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-164, effective January 31, 2001 (BC Reg 347/2000).]

(a) at or by or by the time specified by the resolution,

  Section 170 (1) and (2) BEFORE amended by 2012-12-56, effective November 1, 2012 (BC Reg 301/2012).

 Application

170  (1)  This Part applies only to housing cooperatives.

(2)  Unless a provision in this Part conflicts with or is inconsistent with the other provisions of this Act, those other provisions also apply.

  Section 172 (2) BEFORE amended by 2000-5-38, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-172, effective January 31, 2001 (BC Reg 347/2000).]

(2)  A member of a housing cooperative who has a right to possession or occupancy of residential premises that is dependent on his or her membership may apply to the court for an order of possession of the residential premises.

  Section 172.1 was brought into force by 1999-28-172.1, effective January 31, 2001 (BC Reg 347/2000).

  Sections 173 to 221 were brought into force by 1999-28-173 to 221, effective January 31, 2001 (BC Reg 347/2000).

  Section 173 (1) (b) and (c) BEFORE amended by 2012-12-57, effective November 1, 2012 (BC Reg 301/2012).

(b) on June 30, 1988, had in its memorandum or rules, or both, a provision to the effect that, on a dissolution or winding up, the property of the housing cooperative, after satisfaction of its liabilities, costs, charges and expenses, must not be disposed of or distributed among the members, or

(c) on June 30, 1988, had in its memorandum or rules, or both, a provision to the effect that, on a dissolution or winding up, the property of the housing cooperative, after satisfaction of its liabilities, costs, charges and expenses, must not be disposed of or distributed among the members and, by that provision or another provision in its memorandum or rules, or both, established another manner for the disposition or distribution.

  Section 173 (2) BEFORE amended by 2012-12-58, effective November 1, 2012 (BC Reg 301/2012).

(2)  If a housing cooperative to which this section applies is dissolved or wound up, its property, after satisfaction of its liabilities, costs, charges and expenses properly incurred in the dissolution or winding up, must be dealt with as follows:

(a) if it is a housing cooperative described in subsection (1) (a) or (b), the property must be transferred to or distributed among one or more other organizations that are housing cooperatives to which this section applies;

(b) if it is a housing cooperative described in subsection (1) (c), the property must be disposed of in accordance with the applicable provision in its memorandum or rules, or both, referred to in that paragraph.

  Division 3 was added to Part 11 by 2007-7-64, effective March 29, 2007.

  Section 178.1 (4) BEFORE amended by 2012-12-58, effective November 1, 2012 (BC Reg 301/2012).

(4)  If a community service cooperative is dissolved or wound up, its property, after satisfaction of its liabilities, costs, charges and expenses properly incurred in the dissolution or winding up, must be transferred to or distributed among one or more of the following organizations:

(a) a community service cooperative;

(b) a charitable organization registered under the Income Tax Act (Canada).

  Part 11.1, sections 178.3 to 178.5 were enacted by 2008-39-32, effective April 27, 2009 [coming into force of Alberta Reg 107/09 (BC Reg 89/09 as amended by BC Reg 131/09)].

  Part 11.1, Heading BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).

Part 11.1 — Designated Provinces and Extraprovincial Associations from Designated Provinces .

  Sections 178.4 (2) (i) BEFORE amended by 2009-15-6(a), effective October 29, 2009 (Royal Assent).

(irespecting the form or manner in which the registrar may accept records, filings, applications, information, forms, notices and fees in matters governed under this section;

  Sections 178.4 (3) (a) and (b) BEFORE amended by 2009-15-6(b), effective October 29, 2009 (Royal Assent).

(asetting out the powers and duties of the registrar in relation to matters governed by regulations made under this section;

(bin relation to associations incorporated or continued under this Act, respecting the form or manner in which the registrar may collect and transmit records, filings, applications, information, forms, notices and fees to or for an extraprovincial registrar.

  Section 179 BEFORE repealed by 2007-7-65, effective March 29, 2007.

 Application of Part

179  (1)  This Part applies only to an extraprovincial corporation that has in British Columbia a resident agent, representative, warehouse, office or place of business.

(2)  The provisions of this Part are to be read together with the relevant provisions of the Company Act that, in section 5 or 6 of this Act or by a regulation under section 5 (2), are adopted by reference for the purposes of this Act.

  Division 1, section 179.1 was added to Part 12 by 2007-7-66, effective March 29, 2007.

  Division 2 Heading was added by 2007-7-66, effective March 29, 2007.

  Section 180 (1) (d) BEFORE amended by 2000-5-40, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-180, effective January 31, 2001 (BC Reg 347/2000).]

(d) is registered under this section.

  Section 180 (1) (d) BEFORE amended by 2008-39-33, effective April 27, 2009 [coming into force of Alberta Reg 107/09 (BC Reg 89/09 as amended by BC Reg 131/09)].

(d) is registered under section 181.

  Section 180 (4) was added by 2012-12-59, effective November 1, 2012 (BC Reg 301/2012).

  Section 181 (a) BEFORE amended by 2000-5-41, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-181, effective January 31, 2001 (BC Reg 347/2000).]

(a) the extra provincial corporation has a name that fulfills the requirements of section 23 (1) to (3), and

  Section 181 BEFORE amended by 2008-39-34, effective April 27, 2009 [coming into force of Alberta Reg 107/09 (BC Reg 89/09 as amended by BC Reg 131/09)].

  Sections 181.1 to 181.3 were added to Division 2 of Part 12 by 2007-7-67, effective March 29, 2007.

  Section 181.1 (1) (a) BEFORE amended by 2012-12-60, effective November 1, 2012 (BC Reg 301/2012).

(a) complete and file with the registrar a statement in a form established by the registrar, and

  Divisions 3 and 4, sections 181.4 to 181.9 were added by 2007-7-68, effective March 29, 2007.

  Section 181.4 (3) (a) and (b) BEFORE amended by 2012-12-61, effective November 1, 2012 (BC Reg 301/2012).

(a) the association must promptly file a notice, in duplicate, in a form established by the registrar, stating the full name and address of the new attorney appointed by it, and

(b) the registrar must file one copy and forward the other copy, with an endorsement indicating that one copy has been filed, to the address of the previous attorney.

  Section 181.41 (2) BEFORE amended by 2012-12-62, effective November 1, 2012 (BC Reg 301/2012).

(2)  A notice of change in the address of the head office in British Columbia of an extraprovincial association must be filed in duplicate with the registrar, who must forward to the previous head office in British Columbia one copy endorsed by the registrar to indicate that a copy has been filed.

  Section 182 definition of "foreign cooperative" BEFORE amended by 2007-7-68, effective March 29, 2007.

"foreign cooperative" means a corporation that has been incorporated as a cooperative association and that

(a) has been continued into British Columbia under section 183,

(b) has been incorporated other than by or under an Act, or

(c) is otherwise subject to the laws of a jurisdiction other than British Columbia;

  Section 182 definition of "charter" BEFORE amended by 2012-12-63, effective November 1, 2012 (BC Reg 301/2012).

"charter" includes an Act, statute, ordinance, letters patent, certificate, declaration or other instrument or provision of law by or under which a foreign cooperative has been incorporated, amalgamated or continued, and every amendment of them applying to the foreign cooperative, and also the foreign cooperative's constitution, memorandum, rules, articles, regulations or bylaws, agreement or deed of settlement and every amendment of them;

  Section 183 BEFORE amended by 2012-12-64, effective November 1, 2012 (BC Reg 301/2012).

 Continuation into British Columbia

183  A foreign cooperative, if it appears to the registrar to be authorized by the laws of the foreign cooperative's jurisdiction, may deliver to the registrar for filing an instrument of continuation in duplicate continuing the foreign cooperative as if it had been incorporated under this Act.

  Section 184 (1) (c) BEFORE amended by 2016-4-5, effective September 1, 2016 (BC Reg 191/2016).

(c) be executed by the foreign cooperative and verified by an affidavit of the person signing the instrument of continuation, and

  Section 185 (2) BEFORE amended by 2012-12-42, effective November 1, 2012 (BC Reg 301/2012).

(2)  The registrar must publish in the Gazette notice of the continuation of the foreign cooperative into British Columbia.

  Section 187 (2) (a) and (b) BEFORE amended by 2000-5-42, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-187, effective January 31, 2001 (BC Reg 347/2000).]

(a) an association that has included in its memorandum or rules a provision described in section 196 (2), or

(b) a housing cooperative that provides in its memorandum or rules that section 173 applies to it.

  Section 187 (2) BEFORE amended by 2007-7-70, effective March 29, 2007.

(2)  Subsection (1) does not apply to

(a) an association that has included in its memorandum a provision described in section 196 (2), or

(b) a housing cooperative that provides in its memorandum that section 173 applies to it.

  Section 189 (3) BEFORE amended by 2012-12-42, effective November 1, 2012 (BC Reg 301/2012).

(3)  The registrar must publish in the Gazette notice of the continuation of the association from British Columbia into another jurisdiction.

  Section 191 (2) BEFORE amended by 2007-7-71, effective March 29, 2007.

(2)  Any 2 or more associations may amalgamate and continue as an amalgamated association by passing the resolutions required by subsection (3) of this section that authorize their respective directors, or some of them, to subscribe jointly to a memorandum according to the prescribed form referred to in section 11 (a), and to comply in other respects with section 11, and, for that purpose the associations may authorize alterations to name, objects and share capital as necessary.

  Section 193 BEFORE amended by 2007-7-72, effective March 29, 2007.

193  An association to which

(a) section 173 applies may not amalgamate with another association unless that section also applies to the other association, and

(b) section 196 (2) applies may not amalgamate with another association unless that section also applies to the other association.

  Part 14, sections 194 to 197 BEFORE re-enacted by 2007-7-73, effective March 29, 2007.

Part 14 — Dissolution, Winding up, Restoration

 Application of the Company Act

194  The provisions of this Part are to be read together with the relevant provisions of the Company Act that, in section 5 of this Act or by a regulation under section 5 (2) are adopted by reference for the purposes of this Act.

 Cancellation of incorporation

195  (1)  The Lieutenant Governor in Council by order may cancel the incorporation of an association and declare it to be dissolved.

(2)  Each order made under subsection (1) must be published in the Gazette.

 Dissolution and winding up

196  (1)  An association without issued investment shares may provide in its memorandum that, on the dissolution or winding up of the association, its property, after satisfaction of its liabilities, costs, charges and expenses properly incurred in the dissolution or winding up, must be transferred to or distributed among one or more other organizations that are

(a) associations having a similar purpose to the association being dissolved or wound up, or

(b) charitable organizations registered under the Income Tax Act (Canada).

(2)  An association may provide in its memorandum that a provision described in subsection (1) is unalterable and, if it so provides, the association must not alter its memorandum to amend or repeal that provision or the provision described in subsection (1).

(3)  Neither this section nor a provision in the association's memorandum permitted by subsection (1) or (2) prohibits the association

(a) from doing anything permitted under section 9 or 66,

(b) subject to its rules, from repaying to a member amounts paid by the member for the member's membership shares, or

(c) from paying money it owes to a member.

(4)  An association that has included in its memorandum a provision described in subsection (2) must not issue any investment shares.

 Application for voluntary dissolution

197  (1)  An association may apply to the registrar in the prescribed form to be dissolved if the association

(a) is authorized to do so by a special resolution,

(b) has no assets, and

(c) has no liabilities or has made provision for the payment of each of the association's unpaid liabilities and has obtained the written consent to that provision for payment, from each creditor

(i)  whose identity is known to the association, and

(ii)  who has an unpaid claim against the association that exceeds the prescribed amount.

(2)  An association's application under subsection (1) must be accompanied by the association's certificate of incorporation and by an affidavit of one of the directors of the association evidencing to the satisfaction of the registrar that the association has complied with subsection (1).

(3)  If the registrar grants an association's application under this section for dissolution, the association is dissolved on the date set by the registrar.

  Section 194.24 (1) (d) BEFORE amended by 2012-12-65, effective November 1, 2012 (BC Reg 301/2012).

(d) subject to subsection (2), the property of the association, after satisfaction of its liabilities, costs, charges and expenses properly incurred in the winding up, including the remuneration of the liquidator, must be distributed among the members or investment shareholders according to their rights and interests in the association.

  Section 194.26 (1) (b) (i) BEFORE amended by 2012-12-66, effective November 1, 2012 (BC Reg 301/2012).

(i)  in the Gazette or in any other prescribed publication, and

  Section 194.34 (1) and (2) BEFORE amended by 2012-12-67, effective November 1, 2012 (BC Reg 301/2012).

(1)  The registrar, on receiving the copy of the account and the return referred to in section 194.33, must register them.

(2)  Three months after the registration referred to in subsection (1), the association is dissolved.

  Section 194.39 (2) BEFORE amended by 2012-12-68, effective November 1, 2012 (BC Reg 301/2012).

(2)  The registrar, after receiving the account and return referred to in subsection (1), must register them, and, on the expiration of 3 months after their registration, the registration of the extraprovincial association is cancelled.

  Section 194.4 (1) and (2) BEFORE amended by 2012-12-69, effective November 1, 2012 (BC Reg 301/2012).

(1)  If

(a) an association or an extraprovincial association has for 2 years failed to file with the registrar the annual report or any other return, notice or document required by this Act to be filed by it,

(b) the registrar has reasonable cause to believe that an extraprovincial association has ceased to carry on business in British Columbia,

(c) an association or an extraprovincial association has failed to pay, within 10 days after default in payment of the fine, any fine imposed on it under this Act, or

(d) an association or an extraprovincial association has failed to comply with an order of the registrar,

the registrar must mail to the association or extraprovincial association a registered letter notifying it of its failure or of the registrar's belief, and of the registrar's powers under subsection (3).

(2)  If an association or an extraprovincial association is being wound up, and

(a) the registrar has reasonable cause to believe that no liquidator is acting, or that the association is fully wound up, or

(b) the returns required to be made by the liquidator have not been made for a period of 3 consecutive months,

the registrar must mail to the association a registered letter inquiring whether a liquidator is acting, or the association is fully wound up, or notifying the association of the failure to file returns, or of the registrar's belief and of the registrar's powers under subsection (3).

  Section 196 (1) BEFORE amended by 2012-12-58, effective November 1, 2012 (BC Reg 301/2012).

(1)  An association without issued investment shares may provide in its memorandum that, on the dissolution or winding up of the association, its property, after satisfaction of its liabilities, costs, charges and expenses properly incurred in the dissolution or winding up, must be transferred to or distributed among one or more other organizations that are

(a) associations having a similar purpose to the association being dissolved or wound up, or

(b) charitable organizations registered under the Income Tax Act (Canada).

  Section 197.7 (1) and (2) BEFORE amended by 2012-12-70, effective November 1, 2012 (BC Reg 301/2012).

(1)  No order made under section 197.4 is effective until a certified copy has been accepted for filing by the registrar.

(2)  The registrar must not accept for filing any order made under section 197.4 unless

(a) the registrar receives proof to his or her satisfaction that the terms and conditions precedent of the order, if any, have been complied with, and

(b) the registrar's requirements are fulfilled.

  Section 199 (a) BEFORE amended by 2000-5-43, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-199, effective January 31, 2001 (BC Reg 347/2000).]

(a) contravenes section 20 (1) or (2), 23 (3), 25, 26, 27, 58 (1) or (2), 66 (2), 78 (1), 79 (1), 83 (1), 87, 95 (1), 124 (1), 125 (1) or (2), 126 (1) or (2), 127 (1), 128 (1) or (2), 129, 135 (1), 136 (3), 138 (1), 139 (1), 141 (1), 178 or 209,

  Section 199 (d) BEFORE amended by 2000-5-43, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-199, effective January 31, 2001 (BC Reg 347/2000).]

(d) contravenes section 180 (1) or (2) of this Act or section 312 (2) of the Company Act as it applies for the purposes of this Act.

  Section 199 BEFORE amended by 2007-7-74, effective March 29, 2007.

 Offences

199  A person commits an offence who

(a) contravenes section 20 (1) or (2), 23 (3), 25, 26, 27, 58 (1) or (2), 66 (2), 78 (1), 79 (1), 83 (1), 87, 95 (1), 124 (1), 125 (1) or (2), 126 (1), (1.1) or (2), 128 (1) or (2), 129, 135 (1), 136 (3), 138 (1), 139 (1), 141 (1), 178 or 209,

(b) contravenes a provision of the Company Act as it applies for the purposes of this Act, other than

(i)  a Company Act provision for which that Act does not impose a penalty on contravention, or

(ii)  section 291 (1) or 312 (2) of the Company Act,

(c) contravenes section 134 of this Act or section 291 (1) of the Company Act as it applies for the purposes of this Act, or

(d) contravenes section 180 (1) or (2) of this Act.

  Sections 199 (a.3) BEFORE amended by 2009-15-7, effective October 29, 2009 (Royal Assent).

(a.3) is an extraprovincial association and contravenes any of the provisions of this Act that apply to it,

  Section 199 (d) BEFORE amended by 2012-12-71, effective November 1, 2012 (BC Reg 301/2012).

(d) contravenes section 180 (1) or (2) of this Act.

  Section 200 (2) BEFORE amended by 2015-18-297, effective November 28, 2016 (BC Reg 216/2015).

(2) If

(a) a corporation commits an offence under subsection (1), any director or officer of the corporation, or

(b) an association commits an offence under subsection (1), any general manager, any other officer or any director of the association

who knowingly authorized, permitted or acquiesced in the commission of the offence is a party to and guilty of the offence, and is liable on summary conviction to a fine not exceeding $5 000 or to imprisonment for a term not exceeding 6 months or to both, whether or not the corporation or the association, as the case may be, has been prosecuted or convicted.

  Section 201 (1) BEFORE amended by 2007-7-75, effective March 29, 2007.

(1)  A person who commits an offence under section 199 (a) or (b) or 200 (1) is liable

  Section 202 (3) was added by 2015-18-298, effective November 28, 2016 (BC Reg 216/2015).

  Section 203 (3) BEFORE amended by 2007-7-76, effective March 29, 2007.

(3)  If conduct constitutes an offence under this Act because this Act adopts a provision of the Company Act, the limitation in subsection (1), not the limitation in the Company Act, applies.

  Section 203 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A legal proceeding for an offence under this Act or the regulations may not be commenced more than 3 years after the commission of the offence.

  Section 203 (2) BEFORE repealed by 2015-18-299, effective November 28, 2016 (BC Reg 216/2015).

(2) An information may not be laid in respect of an offence if

(a) the offence is committed by the failure to file, or to file within a required period, a record with the registrar, and

(b) before the laying of the information, the appropriate filing is made.

  Section 204 (b) BEFORE amended by 2007-7-77, effective March 29, 2007.

(b) the record does not comply with this Act, the Company Act as it applies to this Act, the regulations under this Act or the regulations under the Company Act as they apply to this Act, or

  Division 1, sections 204 to 206 of Part 16 BEFORE repealed by 2012-12-72, effective November 1, 2012 (BC Reg 301/2012).

Division 1 — Registrar

 Registrar may refuse to accept filing

204  The registrar may refuse to file a record submitted for filing or registration and may request that the record be appropriately altered or completed and resubmitted, or that a new record be submitted in its place, if in the opinion of the registrar,

(a) there is an omission or misdescription in the record,

(b) the record does not comply with this Act or the regulations, or

(c) the record contains any error, alteration or erasure.

 Document imaging

205  The registrar may have a document or other record that is filed or registered with the registrar photocopied or otherwise reproduced, and the reproduction is, for all purposes, deemed to be the document or other record photocopied or reproduced.

 Inspection of records at registrar's office

206  (1)  Any person may

(a) inspect the records kept by the registrar relating to an association on payment of the prescribed fee for each inspection, and

(b) obtain a copy or extract of a record on payment of the prescribed fee for the copy or extract and may obtain a certified true copy on payment of the further prescribed fee.

(2)  A copy of or extract from a record kept and filed or registered at the office of the registrar, certified to be a true copy under the signature of the registrar, is in all legal proceedings admissible in evidence as of equal validity with the original record, and it is not necessary to prove the handwriting or official position of the person certifying the copy or extract.

  Part 16, Division 2 Heading BEFORE amended by 2007-7-78, effective March 29, 2007.

Division 2 — Appeal to Commercial Appeals Commission

  Section 207 BEFORE amended by 2003-51-16, effective October 23, 2003 (Royal Assent).

 Appeal from registrar's decisions

207  A person aggrieved by a direction, decision, order or ruling by the registrar under this Act may appeal it to the commission established under the Commercial Appeals Commission Act.

  Section 208 (4) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).

(4)  Unless the association's rules establish another method, an arbitration under this section must be conducted in accordance with the Commercial Arbitration Act.

  Section 210 BEFORE amended by 2000-5-44, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-210, effective January 31, 2001 (BC Reg 347/2000).]

 Fees

210  There must be paid to the registrar for the prescribed matters the prescribed fees, and the registrar must pay the fees to the Ministry of Finance and Corporate Relations.

  Section 210 BEFORE amended by 2003-54-27, effective April 1, 2004 (BC Reg 11/2004).

210  There must be paid to the registrar for the prescribed matters the prescribed fees, and the registrar must pay the fees to the Minister of Finance and Corporate Relations.

  Section 214 (2) (a) BEFORE amended by 2000-5-45, effective June 12, 2000 (Royal Assent).

[Note: The above is an amendment to 1999-28-214, effective January 31, 2001 (BC Reg 347/2000).]

(a) has more than one class of shares but members have not been required to purchase shares of any of those classes of shares, or

  Section 217 (1) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).

(1) The rules of a subsisting association or society that was incorporated under a former Act, in so far as they are not contrary to this Act, continue in force until altered or rescinded, and if any of those rules have incorporated by reference any provisions of a schedule to a former Act, the appropriate provisions of that schedule are incorporated and are part of the rules of the association.

  Section 222 [conseq] BEFORE repealed by 2003-70-123, effective March 29, 2004 (BC Reg 64/2004).

222  Sections 5 and 6 of the Cooperative Association Act, S.B.C. 1999, are repealed and the following substituted:

 Application of the Company Act to associations

5  (1)  The Lieutenant Governor in Council, by regulation, may adopt by reference for the purposes of this Act any provisions of the Company Act then in force, either without variation or with variations that the Lieutenant Governor in Council considers necessary or desirable to give effect to this Act according to its intent.

(2)  A regulation under subsection (1) adopting a provision of the Company Act by reference may

(a) limit the application of the provision to or in respect of circumstances specified in the regulation or to or in respect of one or more categories of associations or other persons, and

(b) for the purpose of paragraph (a), define the circumstances and categories on any basis the Lieutenant Governor in Council considers appropriate.

(3)  This section is repealed on December 31, 2001.

  Sections 223 to 228 were brought into force by 1999-28-223 to 228, effective January 31, 2001 (BC Reg 347/2000).