GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Cooperatives Act — C-1.7 357
Non-profit requirements 357 (1) Subject to subsection (2), but despite any other provision of this Act, a non-profit housing cooperative may not distribute or pay any of its assets to a member. Permitted payments (2) The cooperative may pay a member (a) dividends on membership shares paid at a rate that is not more than eight per cent per year and interest on member loans at a rate that is not more than ten per cent per year; (b) if the member withdraws from the cooperative or their membership in the cooperative is terminated, or on the dissolution of the cooperative, a sum equal to the member’s investment in membership shares or member loans; and (c) a reasonable amount for property or services provided by the member to the cooperative. No other payments permitted (3) No person may pay or accept compensation for the withdrawal from membership of a member of a non-profit housing cooperative or for any person giving up possession of a housing unit of the cooperative, except as is provided in subsection (2). Limit on compensation (4) No person may give or accept, in connection with the allocation or use of a housing unit of the cooperative, compensation that exceeds the housing charges for the housing unit determined in accordance with the by-laws. Limit on compensation (5) No person may give or accept, in connection with the allocation or use of a part of a housing unit of the cooperative, compensation that exceeds the amount that, having regard to the portion of the housing unit, would be a reasonable share of the housing charges for the housing unit determined in accordance with the by-laws. If contravention of subsection (3), (4) or (5) (6) A person who accepts compensation in contravention of subsection (3), (4) or (5) must pay the amount of the compensation to the cooperative.
Canada Cooperatives Act — C-1.7 358
Resolution if proposed fundamental change 358 A non-profit housing cooperative may not be a party to a fundamental change to which Part 16 applies unless the change is authorized by a vote of not less than ninety per cent of the members.
Canada Cooperatives Act — C-1.7 359
Definition of worker cooperative 359 (1) For the purposes of this Part, worker cooperative means a cooperative whose prime objectives are to provide employment to its members and to operate an enterprise in which control rests with the members. Requirements of articles (2) The articles of a worker cooperative must provide that (a) no person may be admitted to membership unless the person is an individual and an employee of the cooperative; and (b) the maximum membership investment payable by a person to be a member may not be more than fifty per cent of their expected annual salary during the first year of their membership, unless any amount in excess of that amount is also paid equally by all persons who are members. Non-member employees (3) Despite subsection (2), a worker cooperative may provide employment to non-members if, not later than five years after the incorporation of the cooperative or the acquisition of a business by the cooperative, not less than seventy-five per cent of its permanent employees or those of any entity controlled by it are members. Permanent employees (4) For the purpose of subsection (3), the following persons are not permanent employees: (a) a person who is employed on a probationary period of less than three years; or (b) a person who is under contract for a period of less than two years.
Canada Cooperatives Act — C-1.7 360
By-laws 360 (1) The by-laws of a worker cooperative must include (a) any obligation of a member to provide capital to the cooperative, which capital, if required, must be applied fairly to all members; (b) subject to subsections (2) and (3), the manner in which the membership of a member may be terminated; (c) the procedure for allocating, crediting or distributing any surplus earnings of the cooperative, including that not less than fifty per cent of those earnings must be paid on the basis of the remuneration earned by the members from the cooperative or the labour contributed by the members to the cooperative; (d) the period of probation of an applicant for membership, which may not be longer than three years; (e) how work is to be allocated; (f) a provision for the laying off or suspending of members when there is a lack of work; and (g) a provision for the recall of members to work. Termination of membership (2) If the by-laws provide that membership is to be terminated by the directors, the by-laws must include a right of appeal to the members. Despite section 40, the by-laws may require that an appeal from the decision of the directors may only be launched within seven days after the member receives notice of the termination of membership. Laid-off member (3) A temporary lay-off of a member does not result in termination of their membership. After a member has been laid off and two years have elapsed after the date of the lay-off without the member having resumed employment with the cooperative, the directors or the members may, in accordance with the by-laws, terminate the membership of the member. Confirmation on appeal (4) A decision of the directors to terminate the membership of a member is confirmed if the members, at a duly called meeting of the members, do not reverse the directors’ decision. Deemed confirmation (5) If a meeting of the members is duly called to consider the appeal of a terminated member and a quorum of members is not available for the meeting, the directors must call a second meeting to be held, despite section 52, not later than seven days after the first meeting. If, at the second meeting, there is no quorum of members, the decision of the directors is deemed to be confirmed.
Canada Cooperatives Act — C-1.7 361
Name 361 (1) The articles of a worker cooperative must provide that the name of the worker cooperative include the words “worker cooperative”, “worker co-operative”, “worker co-op”, “coopérative de travailleurs”, “coop de travailleurs”, “co-op de travailleurs”, “coopérative de travail”, “coop de travail” or “co-op de travail”. Directors (2) Despite anything in this Act, (a) not less than eighty per cent of the directors of a worker cooperative must be members that are employees of the cooperative; and (b) the general manager of a worker cooperative may be a director. Reorganization (3) A worker cooperative may not be a party to a fundamental change to which Part 16 applies unless the change is authorized by a vote of not less than ninety per cent of the members. Dissolution (4) Unless otherwise provided in the articles, on dissolution of a worker cooperative, not less than twenty per cent of the surplus of the cooperative, after the payment of its liabilities, must be distributed to another cooperative, a non-profit entity or a charitable entity before any distribution is made to a member or shareholder.
Canada Cooperatives Act — C-1.7 361.1
Definitions 361.1 The definitions in this section apply in this Part. electronic document means, except in section 361.6, any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. ( document électronique ) information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système d’information ) 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7
electronic document means, except in section 361.6, any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. ( document électronique )
Canada Cooperatives Act — C-1.7
information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système d’information )
Canada Cooperatives Act — C-1.7 361.2
Application 361.2 This Part does not apply to a notice, document or other information sent to or issued by the Director pursuant to this Act or to any prescribed notice, document or other information. 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 361.3
Use not mandatory 361.3 (1) Nothing in this Act or the regulations requires a person to create or provide an electronic document. Consent and other requirements (2) Despite anything in this Part, a requirement under this Act or the regulations to provide a person with a notice, document or other information is not satisfied by the provision of an electronic document unless (a) the addressee has consented, in the manner prescribed, and has designated an information system for the receipt of the electronic document; and (b) the electronic document is provided to the designated information system, unless otherwise prescribed. Revocation of consent (3) An addressee may revoke the consent referred to in paragraph (2)(a) in the manner prescribed. 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 361.4
Creation and provision of information 361.4 A requirement under this Act or the regulations that a notice, document or other information be created or provided is satisfied by the creation or provision of an electronic document if (a) the by-laws or the articles of the cooperative do not provide otherwise; and (b) the regulations, if any, have been complied with. 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 361.5
Creation of information in writing 361.5 (1) A requirement under this Act or the regulations that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if, in addition to the conditions in section 361.4, (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and (b) the regulations pertaining to this subsection, if any, have been complied with. Provision of information in writing (2) A requirement under this Act or the regulations that a notice, document or other information be provided in writing is satisfied by the provision of an electronic document if, in addition to the conditions set out in section 361.4, (a) the information in the electronic document is accessible by the addressee and capable of being retained by the addressee, so as to be usable for subsequent reference; and (b) the regulations pertaining to this subsection, if any, have been complied with. Copies (3) A requirement under this Act or the regulations for one or more copies of a document to be provided to a single addressee at the same time is satisfied by the provision of a single version of the electronic document. Registered mail (4) A requirement under this Act or the regulations to provide a document by registered mail is not satisfied by the sending of an electronic document unless prescribed. 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 361.6
Statutory declarations and affidavits 361.6 (1) A statutory declaration or an affidavit required under this Act or the regulations may be created or provided in an electronic document if (a) the person who makes the statutory declaration or affidavit signs it with his or her secure electronic signature; (b) the authorized person before whom the statutory declaration or affidavit is made signs it with his or her secure electronic signature; and (c) the requirements of sections 361.3 to 361.5 are complied with. Definitions (2) For the purposes of this section, “electronic document” and “secure electronic signature” have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . Clarification (3) For the purpose of complying with paragraph (1)(c), the references to an “electronic document” in sections 361.3 to 361.5 are to be read as references to an “electronic document” as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act . 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 361.7
Signatures 361.7 A requirement under this Act or the regulations for a signature or for a document to be executed, except with respect to a statutory declaration or an affidavit, is satisfied if, in relation to an electronic document, the prescribed requirements pertaining to this section, if any, are met and if the signature results from the application by a person of a technology or a process that permits the following to be proven: (a) the signature resulting from the use by a person of the technology or process is unique to the person; (b) the technology or process is used by a person to incorporate, attach or associate the person’s signature to the electronic document; and (c) the technology or process can be used to identify the person using the technology or process. 2001, c. 14, s. 223
Canada Cooperatives Act — C-1.7 362
Notice to members, shareholders and directors 362 (1) A notice or document required by this Act, the regulations, the articles, the by-laws or a unanimous agreement to be sent to a member, shareholder or director may be sent to (a) the member at the member’s latest address as shown in the records of the cooperative; (b) the shareholder at the shareholder’s latest address as shown in the records of the cooperative or its transfer agent; and (c) the director at the director’s latest address as shown in the records of the cooperative or in the last notice sent under section 81 or 91. Effect of notice (2) A director named in a notice sent by a cooperative to the Director under section 81 or 91 is presumed for the purposes of this Act to be a director of the cooperative referred to in the notice. Deemed receipt (3) A notice or document sent in accordance with subsection (1) to a member, shareholder or director is deemed to have been received seven days after it was sent unless there are reasonable grounds to believe that the member, shareholder or director did not receive the notice or document at that time or at all. Undelivered notice (4) If a cooperative sends a notice or document to a member or shareholder in accordance with subsection (1) and the notice or document is returned on two consecutive occasions because the member or shareholder cannot be found, the cooperative is not required to send any further notices or documents to the member or shareholder until the cooperative is informed in writing of their new address. 1998, c. 1, s. 362; 2001, c. 14, s. 224(F)
Canada Cooperatives Act — C-1.7 363
Notice to a cooperative 363 (1) A notice or document that is required to be sent to a cooperative may be sent to the cooperative’s registered office shown in the last notice of registered office filed with the Director and, if so sent, is deemed to have been received seven days after it was sent unless there are reasonable grounds to believe that the cooperative did not receive the notice or document at that time or at all. Service on a cooperative (2) A notice or document that is required to be served on a cooperative may be served on it at the cooperative’s registered office shown in the last notice of registered office filed with the Director.
Canada Cooperatives Act — C-1.7 364
Waiver of notice 364 When a notice or document is required by this Act or the regulations to be sent, the sending of the notice or document may be waived or the time for the notice or document may be waived or abridged at any time with the consent in writing of the person who is entitled to it. 1998, c. 1, s. 364; 2001, c. 14, s. 225
Canada Cooperatives Act — C-1.7 365
Certificate of Director 365 (1) When this Act requires or authorizes the Director to issue a certificate or to certify a fact, the certificate must be signed by the Director or by a Deputy Director authorized under section 371. Evidence (2) Except in a proceeding under section 312 to dissolve a cooperative, a certificate referred to in subsection (1) or a certified copy of one, when introduced as evidence in a civil, criminal, administrative, investigative or other action or proceeding, is conclusive proof of the facts so certified without proof of the signature or official character of the person appearing to have signed it.
Canada Cooperatives Act — C-1.7 366
Certificate of cooperative 366 (1) A certificate that is issued on behalf of a cooperative stating a fact that is set out in the articles, the by-laws, a unanimous agreement or the minutes of the meetings of the directors, a committee of directors, the members or the shareholders, or in a trust indenture or other contract to which the cooperative is a party, may be signed by a director, officer or transfer agent of the cooperative. Proof (2) When introduced as evidence in a civil, criminal, administrative, investigative or other action or proceeding, the following things are, in the absence of evidence to the contrary, proof of the facts so certified without proof of the signature or official character of the person appearing to have signed the certificate: (a) a fact stated in a certificate referred to in subsection (1); (b) a certified extract from a securities register or a members’ register of a cooperative; and (c) a certified copy of minutes or certified extract from minutes of a meeting of members, shareholders, directors or a committee of directors. Security certificate (3) An entry in a securities register of, or a security certificate issued by, a cooperative is, in the absence of evidence to the contrary, proof that the person in whose name the security is registered is the owner of the securities described in the register or certificate. Membership certificate (4) An entry in a members’ register of, or a certificate of membership or a membership share certificate issued by, a cooperative is, in the absence of evidence to the contrary, proof that the person whose name appears in it or on it is a member or owns the membership shares as set out in the membership share certificate or the register.
Canada Cooperatives Act — C-1.7 367
367 (1) to (3) [Repealed, 2018, c. 8, s. 86] Execution or signature of documents (4) Any articles, notice, resolution, requisition, statement or other document required or permitted to be executed or, in Quebec, signed by more than one individual for the purposes of this Act may be executed or signed in several documents of like form, each of which is executed or signed by one or more of the individuals. The documents, when duly executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act. 1998, c. 1, s. 367; 2001, c. 14, s. 226; 2011, c. 21, s. 117(E); 2018, c. 8, s. 86
Canada Cooperatives Act — C-1.7 368
Copies 368 (1) When a notice or document is required to be sent to the Director under this Act, the Director may accept a photostatic or photographic copy of it. Content and form of documents (2) The Director may establish the requirements for the content and fix the form, including electronic or other forms, of notices and other documents sent to or issued by the Director under this Act and, in so doing, the Director may specify, among other things, (a) the notices and documents that may be transmitted in electronic or other form; (b) the persons or classes of persons who may sign or transmit the notices and other documents; (c) their signature in electronic or other form, or the actions that are to have the same effect for the purposes of this Act as their signature; and (d) the time and circumstances when electronic notices and documents are to be considered to be sent or received, and the place where they are considered to have been sent or received. (3) [Repealed, 2018, c. 8, s. 87] Storage of documents or information in electronic or other form (4) Subject to the regulations, a document or information that is received by the Director under this Act in electronic or other form may be entered or recorded by an information storage device, including a system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible form within a reasonable time. 1998, c. 1, s. 368; 2018, c. 8, s. 87
Canada Cooperatives Act — C-1.7 369
When notices or documents need not be sent 369 The Director may, on any conditions that the Director considers appropriate, determine that notices or documents or classes of notices or documents need not be sent to the Director under this Act if they are notices or documents that contain information similar to information contained in notices or documents required to be made public under any other Act of Parliament or under an Act of the legislature of a province.
Canada Cooperatives Act — C-1.7 370
Proof required by Director 370 (1) The Director may require that a document or a fact stated in a document required by this Act or the regulations to be sent to the Director be verified in accordance with subsection (2). Form of proof (2) A document or fact that the Director requires to be verified may be verified by affidavit or by statutory declaration under the Canada Evidence Act before any commissioner for oaths or for taking affidavits.
Canada Cooperatives Act — C-1.7 371
Appointment 371 The Minister may appoint a Director and one or more Deputy Directors to perform the duties and exercise the powers of the Director under this Act.
Canada Cooperatives Act — C-1.7 372
Regulations 372 (1) The Governor in Council may make regulations (a) providing for anything that by this Act is to be prescribed or provided for by the regulations; (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Act; (c) requiring the payment of a fee in respect of the receipt, examination, filing, issuance or copying of any document, or in respect of any action that the Director is required or authorized to take under this Act, and prescribing the amount of the fee or the manner of determining the fee; (d) respecting the payment of any fees, including the time when and the manner in which the fees are to be paid, the additional fees that may be charged for the late payment of fees and the circumstances in which any fees previously paid may be refunded in whole or in part; (d.1) prescribing, for the purposes of subsection 58(2.1), a manner of determining the number of investment shares required for a person to be eligible to make a proposal, including the time and manner of determining a value or percentage of the outstanding investment shares; (d.2) prescribing, for the purposes of paragraph 58(4)(d), the minimum amount of support required in relation to the number of times the person has submitted substantially the same proposal within the prescribed period; (e) prescribing rules with respect to exemptions permitted by this Act; (f) respecting the powers that may be granted by a shareholder in a form of proxy; (g) prescribing any matter necessary for the purposes of the application of Part 21.1, including the time and circumstances when an electronic document is to be considered to have been provided or received and the place where it is considered to have been provided or received; (h) prescribing the manner of, and conditions for, participating in a meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting; and (i) prescribing, for the purposes of subsection 65(3), the manner of, and conditions for, voting at a meeting of a cooperative by means of a telephonic, electronic or other communication facility. Incorporation by reference (2) The regulations may incorporate any material by reference, regardless of its source and either as it exists on a particular date or as amended from time to time. Incorporated material is not a regulation (3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference. 1998, c. 1, s. 372; 2001, c. 14, s. 227; 2018, c. 8, s. 89