GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Cooperatives Regulations — 10
10 For the purpose of section 23 of the Act, a cooperative name is prohibited if its use causes confusion with a trademark, official mark or trade-name, having regard to the circumstances, including (a) the inherent distinctiveness of the whole or any element of the trademark, official mark or trade-name and the extent to which it has become known; (b) the length of time that the trademark, official mark or trade-name has been in use; (c) the nature of the goods, services or business with which the trademark, official mark or trade-name is associated; (d) the nature of the trade with which the trademark, official mark or trade-name is associated; (e) the degree of resemblance between the proposed cooperative name and the trademark, official mark or trade-name in appearance or sound or in the ideas suggested by them; and (f) the geographical area in Canada in which the trade name or proposed cooperative name is likely to be used. SOR/2010-72, s. 3 2014, c. 20, s. 366(E) SOR/2022-40, s. 27
Canada Cooperatives Regulations — 10.1
10.1 For the purpose of section 23 of the Act, a cooperative name is prohibited if it is confusing with a name that is reserved under section 22 of the Act, unless the person for whom the name was reserved consents in writing to the use of the name. SOR/2022-40, s. 28
Canada Cooperatives Regulations — 10.2
10.2 For the purpose of subsection 24(2) of the Act, the prescribed period is 60 days. SOR/2022-40, s. 28
Canada Cooperatives Regulations — 11
11 Despite section 10, a cooperative name that is confusing with the name of a body corporate that has not carried on business in the two years immediately before the day on which the Director receives the articles referred to in paragraph 10(a), subsection 285(4) or (5), section 292 or subsection 299(4), 303(6), 305(1) or 308(3) of the Act or a request to reserve a name under section 22 of the Act is not prohibited for that reason alone if (a) the body corporate has been dissolved; or (b) in the case of a body corporate that has not been dissolved, it consents in writing to the use of the name and undertakes in writing to dissolve immediately or to change its name before the cooperative that proposes to use the name begins using it. SOR/2001-513, s. 7; SOR/2010-72, s. 3 SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 12
12 Despite section 10, if a word in a cooperative name is confusing with the distinctive element of a trademark, official mark or trade-name, the cooperative name is not prohibited for that reason alone if the person who owns the trademark, official mark or trade-name consents in writing to the use of the cooperative name. SOR/2010-72, s. 3 2014, c. 20, s. 366(E) SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 13
13 (1) Despite section 10, a cooperative name that is confusing with the name of a body corporate is not prohibited for that reason alone if (a) the cooperative name is the name of an existing or a proposed cooperative that is the successor to the business of the body corporate and the body corporate has ceased or will, in the immediate future, cease to carry on business under that cooperative name and undertakes in writing to dissolve or to change its name before the successor cooperative begins carrying on business under that name; and (b) the cooperative name of the existing or proposed cooperative sets out in numerals the year of incorporation, or the year of the most recent amendment to the cooperative name, in parentheses. (2) If a cooperative name is changed so that the reference to the year of incorporation or the year of the most recent amendment to the cooperative name is deleted at least two years after it is introduced, it is not prohibited for that reason alone. SOR/2010-72, s. 3 SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 14
14 Despite section 10, if the cooperative name of an amalgamated cooperative is the same as the name of one of the amalgamating cooperatives, it is not prohibited for that reason alone. SOR/2010-72, s. 3 SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 15
15 (1) Despite section 10, the cooperative name of a cooperative that is the same as the name of an affiliated body corporate from which the existing cooperative has acquired or will, in the immediate future, acquire all or substantially all of the property of the body corporate is not prohibited for that reason alone if the body corporate undertakes in writing to dissolve, or to change its name, before the existing cooperative begins using the cooperative name. (2) Despite section 10, if the cooperative name of a proposed cooperative is the same as the name of a body corporate that is to be an affiliate of the proposed cooperative from which the proposed cooperative will, in the immediate future, acquire all or substantially all of the property of the body corporate, the cooperative name is not prohibited for that reason alone if the body corporate undertakes in writing to dissolve, or to change its name, before the proposed cooperative begins using the cooperative name. SOR/2001-513, s. 8; SOR/2010-72, s. 3 SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 16
16 For the purpose of section 23 of the Act, a cooperative name is prohibited if the name contains any of the following elements: (a) “Parliament Hill” or “Colline du Parlement”; (b) “Royal Canadian Mounted Police”, “Gendarmerie royale du Canada”, “RCMP” or “GRC”; and (c) “United Nations”, “Nations Unies”, “UN” or “ONU”, if it connotes a relationship to the United Nations. SOR/2010-72, s. 3 SOR/2022-40, s. 29
Canada Cooperatives Regulations — 17
17 For the purpose of section 23 of the Act, a cooperative name is prohibited if it connotes that the cooperative (a) carries on business under royal, vice-regal or governmental patronage, approval or authority, unless Her Majesty or a person, society, authority or organization referred to in paragraph 9(2)(a) of the Trademarks Act consents in writing to the use of the name; (b) is sponsored or controlled by or is connected with the Government of Canada, the government of a province, the government of a country other than Canada or a political subdivision or agency of any such government, unless the appropriate government, political subdivision or agency consents in writing to the use of the name; (c) is sponsored or controlled by or is connected with a university or an association of accountants, architects, engineers, lawyers, physicians or surgeons or another professional association recognized by the laws of Canada or a province, unless the appropriate university or professional association consents in writing to the use of the name; (d) carries on the business of a bank, loan company, insurance company, trust company or another financial intermediary that is regulated by the laws of Canada, unless the Superintendent of Financial Institutions confirms in writing that the words that are used in the name and that are regulated by section 983 of the Bank Act , section 47 of the Insurance Companies Act or section 47 of the Trust and Loan Companies Act are authorized to be used under the applicable Act; or (e) carries on the business of a stock exchange that is regulated by the laws of a province, unless the relevant provincial securities regulator consents in writing to the use of the name. SOR/2010-72, s. 3 2014, c. 20, s. 366(E) SOR/2022-40, s. 30
Canada Cooperatives Regulations — 18
18 For the purpose of section 23 of the Act, a cooperative name is prohibited if it contains a word or phrase, or connotes a business, that is obscene. SOR/2010-72, s. 3 SOR/2022-40, s. 31
Canada Cooperatives Regulations — 19
19 (1) For the purpose of section 23 of the Act, a cooperative name is prohibited if an element of the name is the family name – whether or not it is preceded by the given name or initials – of an individual who is living or has died within 30 years before the day on which the Director receives the document referred to in paragraph 10(a), subsection 285(4) or (5), section 292 or subsection 299(4), 303(6), 305(1) or 308(3) of the Act or a request to reserve the name under section 22 of the Act. (1.1) Despite subsection (1), the cooperative name is not prohibited if (a) the individual or their heir or personal representative consents in writing to the use of the individual’s name and, except in the circumstances described in subsection (2), the individual has or had a material interest in the cooperative; or (b) the person proposing to use the cooperative name establishes that it has been used in Canada or elsewhere by them or their predecessors so as to have become distinctive in Canada. (2) The individual is not required to have or to have had a material interest in the cooperative if Part 20 of the Act applies to the cooperative or the individual is a recognized cooperative leader. SOR/2001-513, s. 9; SOR/2010-72, s. 3 SOR/2022-40, s. 32
Canada Cooperatives Regulations — 20
20 For greater certainty, a cooperative name is not prohibited only because it contains alphabetic or numeric characters, initials, punctuation marks or any combination of those elements. SOR/2001-513, s. 10; SOR/2010-72, s. 3 SOR/2022-40, s. 43(F)
Canada Cooperatives Regulations — 21
21 (1) For the purpose of section 23 of the Act, a cooperative name is prohibited if it (a) is only descriptive, in any language, of the business of the cooperative, of the goods and services in which the cooperative deals or intends to deal, or of the quality, function or other characteristic of those goods and services; (b) is primarily or only the name — or the first name or family name used alone — of an individual; or (c) is primarily or only a geographic name that is used alone. (2) Despite subsection (1), the cooperative name is not prohibited if a person proposing to use the cooperative name establishes that it has been used in Canada or elsewhere by them or by their predecessors so as to have become distinctive in Canada. SOR/2001-513, s. 11; SOR/2010-72, s. 3 SOR/2022-40, s. 33
Canada Cooperatives Regulations — 22
22 For the purpose of section 23 of the Act, a cooperative name is prohibited if it is deceptively misdescriptive. SOR/2001-513, s. 12; SOR/2010-72, s. 3 SOR/2022-40, s. 35
Canada Cooperatives Regulations — 23
23 For the purpose of subsection 20(4) of the Act, a combined English and French form of the name of a proposed cooperative shall include only one of the words or expressions listed in subsection 20(1) of the Act. SOR/2010-72, s. 3
Canada Cooperatives Regulations — 23.2
23.2 For the purpose of paragraph 171(2)(a) of the Act, the prescribed percentage of voting rights is 10%. SOR/2001-513, s. 13
Canada Cooperatives Regulations — 23.3
23.3 (1) For the purpose of paragraph 173(1)(e) of the Act, the prescribed percentage of voting rights is 10%. (2) For the purpose of subsection 173(2) of the Act, take-over bid means a take-over bid within the meaning of any legislation that is set out in column 2 of an item of Schedule 5. (3) For the purpose of paragraph 173(4)(c) of the Act, the prescribed circumstances are that the insider (a) entered into the purchase or sale as an agent or mandatary pursuant to a specific unsolicited order to purchase or sell; (b) made the purchase or sale pursuant to participation in an automatic dividend reinvestment plan, share purchase plan or other similar automatic plan that the insider entered into before the acquisition of the confidential information; (c) made the purchase or sale to fulfil a legally binding obligation that the insider entered into before the acquisition of the confidential information; or (d) purchased or sold the security as agent, mandatary or trustee in the circumstances described in paragraph (b) or (c). SOR/2001-513, s. 13; SOR/2010-128, ss. 38(F), 39(E)
Canada Cooperatives Regulations — 23.4
23.4 (1) For the purpose of subsection 51(1) of the Act, the prescribed period for the directors to fix the record date is not more than 60 days before the day on which the particular action is to be taken. (2) For the purpose of subsections 51(3) and (4) of the Act, the prescribed period for the directors to fix the record date is not less than 21 days and not more than 60 days before the date of the meeting. (3) For the purpose of subsection 51(6) of the Act, the prescribed period for the directors to provide notice of the record date is at least seven days before the date fixed. SOR/2001-513, s. 13; SOR/2010-128, s. 40
Canada Cooperatives Regulations — 23.5
23.5 For the purpose of subsection 52(1) of the Act, the prescribed period for the directors to provide notice of the time and place of a meeting is not less than 21 days and not more than 60 days before the meeting. SOR/2001-513, s. 13
Canada Cooperatives Regulations — 23.6
23.6 (1) For the purposes of section 65(3) of the Act, when a vote is to be taken at a meeting of the cooperative, the voting may be carried out by means of a telephonic, electronic or other communication facility, if the facility (a) enables the votes to be gathered in a manner that permits their subsequent verification; and (b) permits the tallied votes to be presented to the cooperative without it being possible for the cooperative to identify how each member or shareholder or group of members or shareholders voted. (2) For the purpose of subsection 65(4) of the Act, a person who is entitled to vote at a meeting of the cooperative may vote by means of a telephonic, electronic or other communication facility, if the facility (a) enables the vote to be gathered in a manner that permits its subsequent verification; and (b) permits the tallied vote to be presented to the cooperative without it being possible for the cooperative to identify how the person voted. SOR/2001-513, s. 13; SOR/2010-128, s. 41
Canada Cooperatives Regulations — 23.61
23.61 For the purpose of subsection 83(12) of the Act, a distributing cooperative is a prescribed corporation. SOR/2022-40, s. 36
Canada Cooperatives Regulations — 23.62
23.62 For the purpose of subsection 83(13) of the Act, the prescribed circumstances are that, after the election, the appointment of the individual would fulfil one or more of the requirements set out in section 77 or subsection 78(3) or (4) of the Act. SOR/2022-40, s. 36
Canada Cooperatives Regulations — 23.7
23.7 (1) For the purpose of subsection 58(2.1) of the Act, (a) the prescribed number of investment shares is the number of voting investment shares (i) that is equal to 1% of the total number of the outstanding investment shares of the cooperative, as of the day on which the shareholder submits a proposal, or (ii) whose fair market value, as determined at the close of business on the day before the member submits the proposal to the cooperative, is at least $2,000; and (b) the prescribed period is the six-month period immediately before the day on which the person other than a member submits the proposal. (2) For the purpose of subsection 58(2.4) of the Act, (a) a cooperative may request that the person who submits a proposal provide the proof referred to in subsection 58(2.1) within 14 days after the cooperative receives the proposal; and (b) the person who submits the proposal shall provide the proof within 21 days after the day on which the person receives the cooperative’s request or, if the request is mailed to the person, within 21 days after the postmark date stamped on the envelope containing the request. (3) For the purpose of subsection 58(3) of the Act, a proposal and a statement in support of it shall together consist of not more than 500 words. (4) For the purpose of paragraph 58(4)(a) of the Act, the prescribed period is the 60-day period that begins on the 150th day before the anniversary of the previous annual meeting of members. (5) For the purpose of paragraph 58(4)(c) of the Act, the prescribed period before the receipt of a proposal is two years. (6) For the purpose of paragraph 58(4)(d) of the Act, the prescribed minimum amount of support for the proposal of a member or shareholder is (a) 3% of the total number of shares or investment shares voted, if the proposal was introduced at an annual meeting of members or a meeting of shareholders; (b) 6% of the total number of shares or investment shares voted at its last submission to members or shareholders, if the proposal was introduced at two annual meetings of members or at two meetings of shareholders; and (c) 10% of the total number of shares or investment shares voted at its last submission to members or shareholders, if the proposal was introduced at three or more annual meetings of members or three or more meetings of shareholders. (7) For the purpose of paragraph 58(4)(d) of the Act, the prescribed period is five years. (8) For the purpose of subsection 58(4.1) of the Act, the prescribed period during which the cooperative is not required to include a proposal in the notice of a meeting is two years. SOR/2001-513, s. 13; SOR/2010-128, s. 42 SOR/2022-40, s. 37
Canada Cooperatives Regulations — 23.8
23.8 For the purpose of subsection 60(1) of the Act, the prescribed period for giving notice is no later than 21 days after the receipt of the proposal by the cooperative or of proof of ownership under subsection 58(2.4) of the Act, as the case may be. SOR/2001-513, s. 13
Canada Cooperatives Regulations — 24
24 In this Part, NI 51-102 means the version of National Instrument 51-102 that applies within a province set out in column 1 of the table to this section in accordance with the instrument set out in column 2. TABLE Column 1 Column 2 Item Province Instrument 1 Ontario National Instrument 51-102 Continuous Disclosure Obligations , made a rule of the Ontario Securities Commission and published on April 2, 2004, (2004) 27 OSCB 3439, as amended from time to time 2 Quebec Regulation 51-102 respecting Continuous Disclosure Obligations , CQLR c. V-1.1, r. 24, as amended from time to time 3 Nova Scotia National Instrument 51-102 Continuous Disclosure Obligations , made a rule of the Nova Scotia Securities Commission and published in the Nova Scotia Royal Gazette , Part 1, on March 15, 2004, as amended from time to time 4 New Brunswick National Instrument 51-102 Continuous Disclosure Obligations , made a rule of the Financial and Consumer Services Commission and which came into force on February 19, 2015, as amended from time to time 5 Manitoba Manitoba Securities Commission Rule 2003-17, National Instrument 51-102 Continuous Disclosure Obligations , as amended from time to time 6 British Columbia National Instrument 51-102 Continuous Disclosure Obligations , B.C. Reg. 110/2004, as amended from time to time 7 Saskatchewan National Instrument 51-102 Continuous Disclosure Obligations , set out in Part XXXVI of the Appendix to The Securities Commission (Adoption of National Instruments) Regulations , RRS c. S-42.2, Reg 3, as amended from time to time 8 Alberta National Instrument 51-102 Continuous Disclosure Obligations , made a rule of the Alberta Securities Commission and published in the Alberta Gazette , Part 1, on March 15, 2004, as amended from time to time SOR/2001-513, s. 14; SOR/2008-315, s. 9 SOR/2022-40, s. 38
Canada Cooperatives Regulations — 24.1
24.1 (1) For the purpose of subsection 165(1) of the Act and subject to subsection (2), a form of proxy shall be in a form that complies with the requirements set out in section 9.4 of NI 51-102. (2) In the case of a vote by persons who are entitled to elect or appoint directors that occurs in the circumstances described in subsection 83(10.1) of the Act, (a) paragraph 6 of section 9.4 of NI 51-102 is to be read without reference to the election of directors; and (b) the form of proxy shall allow the shareholder to specify, for each candidate nominated for director, whether their vote is to be cast for or against the candidate. SOR/2022-40, s. 38
Canada Cooperatives Regulations — 25
25 (1) Subject to subsection (3), a management proxy circular shall be in the form provided for in Form 51-102F5 (Information Circular) of NI 51-102, which form, in the circumstances described in Item 8 of Part 2 of that Form, includes the statement referred to in that Item. (2) A management proxy circular shall also set out the following: (a) the percentage of votes required for the approval of any matter that is to be submitted to a vote of shareholders at the meeting, other than the election of directors; (b) a statement of the right of a shareholder to dissent under section 302 of the Act with respect to any matter to be acted on at the meeting and a brief summary of the procedure to be followed to exercise that right; and (c) a statement, signed by a director or an officer of the cooperative, that the contents and the sending of the circular have been approved by the directors. (3) A management proxy circular for a non-distributing cooperative is not required to set out the information provided for in Part 1(c) or Item 9, 10 or 16 of Part 2 of Form 51-102F5 (Information Circular) of NI 51-102, or the statement referred to in Item 8 of Part 2 of that Form. SOR/2001-513, s. 15(E); SOR/2008-315, s. 9
Canada Cooperatives Regulations — 26
26 For the purpose of subsection 166(3) of the Act, the prescribed form of statement that shall accompany the copy of the management proxy circular to be sent to the Director under that subsection is a statement signed by a director or an officer, to the effect that a copy of the circular has been sent to each director, to each shareholder whose proxy has been solicited and to the auditor of the cooperative. SOR/2008-315, s. 9
Canada Cooperatives Regulations — 27
27 (1) A dissident’s proxy circular shall be in the form provided for in Form 51-102F5 (Information Circular) of NI 51-102, which form, in the circumstances described in Item 8 of Part 2 of that Form, includes the statement referred to in that Item. (2) A dissident’s proxy circular for a non-distributing cooperative is not required to set out the information provided for in Part 1(c) or Item 9, 10 or 16 of Part 2 of Form 51-102F5 (Information Circular) of NI 51-102, or the statement referred to in Item 8 of Part 2 of that Form. SOR/2008-315, s. 9
Canada Cooperatives Regulations — 32
32 Information that is not known to a dissident and that cannot be ascertained by the dissident on reasonable inquiry may be omitted from a dissident’s proxy circular, but the circumstances that render the information unavailable shall be disclosed in it.
Canada Cooperatives Regulations — 33
33 (1) A dissident’s proxy circular shall contain a statement signed by the dissident or a person authorized by the dissident that the contents and the sending of the circular have been approved by the dissident. (2) For the purpose of subsection 166(3) of the Act, the prescribed form of statement that shall accompany the copy of the dissident’s proxy circular to be sent to the Director under that subsection is a statement signed by the dissident or a person authorized by them, to the effect that a copy of the circular has been sent to each director, to each shareholder whose proxy has been solicited, to the auditor of the cooperative and to the cooperative. SOR/2008-315, s. 10
Canada Cooperatives Regulations — 35
35 (1) When financial statements accompany or form part of a management proxy circular, the statements shall be prepared in accordance with Part 4. (2) The financial statements referred to in subsection (1), if not reported on by the auditor of the cooperative, shall be accompanied by a report of the chief financial officer of the cooperative stating that the financial statements have not been audited but have been prepared in accordance with Part 4.
Canada Cooperatives Regulations — 35.2
35.2 (1) For the purpose of subsection 166(4.1) of the Act, the prescribed circumstances are those in which the solicitation conveyed by public broadcast, speech or publication sets out the information provided for in Items 3.2, 3.4, 5(b) and 11 of Part 2 of Form 51-102F5 (Information Circular) of NI 51-102. (2) A person making a solicitation referred to in subsection (1) shall send the required information and a copy of any related written communication to the Director and to the cooperative before soliciting proxies. SOR/2001-513, s. 16; SOR/2008-315, s. 13