Other Methods of Calling Meetings
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 [Repealed, 2001, c. 14, s. 157]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.
- 1998, c. 1, s. 71;
- 2001, c. 14, s. 158.
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.
(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.
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