An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act (S.C. 2018, c. 8)
Full Document:
- HTMLFull Document: An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act [584 KB]
Assented to 2018-05-01
PART 1Corporate Governance (continued)
1998, c. 1Canada Cooperatives Act (continued)
Marginal note:2001, c. 14, s. 228
90 Section 372.1 of the Act is replaced by the following:
Marginal note:Payment of fees
372.1 A fee in respect of the receipt or copying of any document must be paid to the Director when it is received or copied, and a fee in respect of the examination, filing or issuance of any document or in respect of any action that the Director is required or authorized to take must be paid to the Director before the document is examined, filed or issued or the action is taken.
Marginal note:2001, c. 14, ss. 229(1) and (2); 2011, c. 21, s. 118 (E)
91 Subsection 373(2) of the Act is replaced by the following:
Marginal note:Sending of articles and statements
(2) If this Act requires that articles or a statement relating to a cooperative be sent to the Director, on receiving the articles or statement in the form that the Director fixes, any other required documents and the required fees, the Director shall
(a) record the date of receipt;
(b) issue the appropriate certificate;
(c) send the certificate, or a copy, image or photographic, electronic or other reproduction of the certificate, to the cooperative or its agent or mandatary; and
(d) publish a notice of the issuance of the certificate in a publication generally available to the public.
92 Section 374 of the Act is replaced by the following:
Marginal note:Publication
373.1 The Director must publish, in a publication generally available to the public, a notice of any decision made by the Director granting an application made under subsection 4(4) or 167(1), section 248 or subsection 263(2) or 267(2).
Marginal note:Annual return
374 Every cooperative must send the Director an annual return in the form and within the period that the Director fixes.
Marginal note:2001, c. 14, s. 230
93 Subsection 376.1(8) of the French version of the Act is replaced by the following:
Marginal note:Avis
(8) Le directeur donne sans délai avis des modifications importantes apportées par le certificat rectifié dans une publication destinée au grand public.
Marginal note:2001, c. 14, s. 231
94 Section 377 of the Act is replaced by the following:
Marginal note:Inspection
377 (1) A person who has paid the required fee is entitled during usual business hours to examine and make copies of or take extracts from a document, except a report sent to the Director under subsection 330(2), that is required to be sent to the Director under this Act, or that was required to be sent to a person performing a similar function under prior legislation.
Marginal note:Copies and extracts
(2) The Director must, on request, provide any person with a copy, extract, certified copy or certified extract of a document that may be examined under subsection (1).
95 (1) Subsection 378(1) of the Act is replaced by the following:
Marginal note:Director’s obligation to keep documents
378 (1) Documents that are received and accepted by the Director under this Act or that were received and accepted by a person performing a similar function under prior legislation must be kept by the Director in any form.
(2) The portion of subsection 378(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Obligation to furnish
(2) If documents are kept by the Director otherwise than in written form,
(3) Paragraph 378(2)(b) of the Act is replaced by the following:
(b) a report reproduced from those documents, if it is certified by the Director, is admissible in evidence to the same extent as the original documents would have been.
Marginal note:2001, c. 14, s. 232
(4) Subsection 378(3) of the Act is replaced by the following:
Marginal note:Time period for keeping and producing documents
(3) The Director is not required to keep or produce any document or class of documents — other than a certificate and any attached articles or statement received under section 373 and other prescribed documents or prescribed class of documents — after the end of the prescribed period for the keeping or production of the document or class of documents.
(5) Subsection 378(4) of the French version of the Act is replaced by the following:
Marginal note:Traitement de l’information
(4) Les renseignements et avis que le directeur est tenu, en application de la présente loi, de résumer dans une publication destinée au grand public ou de publier peuvent être résumés ou publiés à l’aide de tout procédé mécanique ou électronique de traitement des données ou de mise en mémoire de l’information susceptible de donner, dans un délai raisonnable, les renseignements ou avis demandés sous une forme compréhensible.
2009, c. 23Canada Not-for-profit Corporations Act
96 Subsection 2(1) of the Canada Not-for-profit Corporations Act is amended by adding the following in alphabetical order:
- incapable
incapable, in respect of an individual, means that the individual is found, under the laws of a province, to be unable, other than by reason of minority, to manage their property or is declared to be incapable by any court in a jurisdiction outside Canada. (incapable)
- prior legislation
prior legislation means the various Acts of Parliament that were in force prior to the coming into force of this Act and that applied to the incorporation of federal companies under those Acts, other than any financial institution as defined in section 2 of the Bank Act. (législation antérieure)
97 Subsection 6(2) of the Act is replaced by the following:
98 Subsection 12(1) of the Act is replaced by the following:
Marginal note:Reserving name
12 (1) The Director may, on request, reserve for a prescribed period a name for an intended corporation or for a corporation that intends to change its name.
99 Paragraph 78(1)(d) of the Act is replaced by the following:
(d) if the person described in paragraph (a) is an individual and is without capacity to act by reason of death, minority or incapability, the person’s fiduciary;
100 Paragraph 126(1)(b) of the Act is replaced by the following:
(b) anyone who is incapable;
101 Subsection 128(7) of the Act is replaced by the following:
Marginal note:Vacancy among candidates
(7) If a meeting of members fails to elect the number or the minimum number of directors required by the articles by reason of a lack of consent, a disqualification under section 126 or the death of any candidate, the directors elected at that meeting may exercise all the powers of the directors if the number of directors so elected constitutes a quorum.
102 Section 238 of the Act is replaced by the following:
Marginal note:Custody of documents
238 A person who has been granted custody of the documents and records of a dissolved corporation remains liable to produce those documents and records until the end of the prescribed period or of any shorter period fixed by an order made under subsection 233(5).
- Date modified: