Canada Cooperatives Act (S.C. 1998, c. 1)

70. [Repealed, 2001, c. 14, s. 157]

Marginal note:Meeting called by court

• 71. (1) A court, on the application of a director or a person who is entitled to vote at a meeting, may order a meeting of a cooperative to be called, held and conducted within the time and in the manner that the court directs, if

  • (a) it is not feasible to call the meeting within the time or in the manner in which those meetings are to be called;

  • (b) it is not feasible to conduct the meeting in the manner required by this Act or the by-laws; or

  • (c) the court thinks the meeting should be called, held and conducted in the manner it directs for any other reason.

• Marginal note:Varying quorum

  (2) Without restricting the generality of subsection (1), a court may order that the quorum required by the by-laws or this Act be varied or dispensed with at a meeting called, held and conducted under this section.

• Marginal note:Valid meeting

  (3) A meeting called, held and conducted under this section is for all purposes a meeting duly called, held and conducted.

Marginal note:Court review of election

• 72. (1) A cooperative, a director or any person who is entitled to vote in the election or appointment of a director or an auditor may apply to a court to resolve any dispute in respect of the election or appointment of a director or an auditor of the cooperative.

• Marginal note:Powers of court

  (2) On an application under subsection (1), a court may make any order it thinks fit, including an order

  • (a) restraining a director or auditor whose election or appointment is challenged from acting pending determination of the dispute;

  • (b) declaring the result of a disputed election or appointment;

  • (c) requiring a new election or appointment, and including in the order directions for the management of the business and affairs of the cooperative until a new election is held or a new appointment is made; or

  • (d) determining the voting rights of persons claiming to be entitled to vote.

Marginal note:Making or amendment of by-law by members

• 73. (1) The members may, by special resolution, make, amend or repeal any by-law that regulates the business and affairs of the cooperative.

• Marginal note:Making or amendment of by-law by directors

  (2) Unless the by-laws of a cooperative provide otherwise, the directors may, by special resolution, make a by-law or amend a by-law of the cooperative, but only if the by-law or amendment is not contrary to a by-law made by the members.

• Marginal note:Approval

  (3) The directors must present a by-law or an amendment to a by-law that is made under subsection (2) to the members at the next meeting of members and the members may, by special resolution, confirm or amend it.

• Marginal note:By-law not confirmed

  (4) If a by-law or an amendment to a by-law made by the directors is not confirmed, with or without amendments, under subsection (3), the by-law or amendment is repealed as of the date of the meeting of members at which it was not confirmed.