55 (1) Subject to subsections (4) and (6), the surplus arising from the business of a co-operative, other than a direct charge co-operative, in each fiscal year shall be allocated, credited or paid to the members in proportion to the business done by each member with or through the co-operative, computed at a rate in relation to the quantity, quality or value of the goods or products acquired, marketed, handled, dealt in or sold or services rendered by the member or by the co-operative from or on behalf of or to the member, or the co-operative whether as principal or as agent of the member or otherwise, with appropriate differences in the rate for different classes, grades or qualities thereof.  R.S.O. 1990, c. C.35, s. 55 (1); 2009, c. 12, Sched. I, s. 6 (1). Worker co-operatives (1.1) Subject to subsection (4), the surplus arising from the business of a worker co-operative in each fiscal year shall be allocated, credited or paid to the members in proportion to either the compensation paid to or on behalf of each member in the year or the hours worked by each member in the year, as set out in the by-laws.  1992, c. 19, s. 9. Non-profit housing co-operatives (1.2) In the application of this section with respect to a non-profit housing co-operative, the surplus arising from the business of the co-operative is the surplus arising from the operations of the co-operative excluding the proceeds from the sale of any assets not sold in the ordinary course of operations.  1992, c. 19, s. 9. Distribution, non-members (2) The co-operative may by by-law provide that part of the surplus may be allocated, credited or paid to non-members at the same or at lesser rates than to members.  R.S.O. 1990, c. C.35, s. 55 (2). Patronage return (3) The amount that is allocated, credited or paid in each fiscal year to members or non-members of a co-operative other than a renewable energy co-operative is known as the patronage return.  2009, c. 12, Sched. I, s. 6 (2). Limitation of patronage return (4) The co-operative may by by-law provide that, if the value of the goods or products acquired, marketed, handled, dealt in or sold, or services rendered by the co-operative from or on behalf of or to any member or non-member in any year does not exceed an amount specified in the by-law, no patronage return shall be allocated, credited or paid to such member or non-member.  2001, c. 8, s. 11. Marketing boards (5) Where members of a co-operative are required by a marketing plan established under an Act of the Legislature, or of the Parliament of Canada, to sell or deliver products or goods or render services to or for a marketing board, then for the purposes of making a patronage return to the members of the co-operative, the members shall be deemed to have sold, delivered or rendered those goods, products or services to the co-operative.  R.S.O. 1990, c. C.35, s. 55 (5). Renewable energy co-operative (6) The surplus arising from the business of a renewable energy co-operative in each fiscal year shall be allocated, credited or paid to the members in accordance with the by-laws of the co-operative.  2009, c. 12, Sched. I, s. 6 (3). Section Amendments with date in force (d/m/y) 1992, c. 19, s. 9 - 24/08/1992 2001, c. 8, s. 11 - 29/06/2001 2009, c. 12, Sched. I, s. 6 (1-3) - 9/09/2009