Boards of Trade Act (R.S.C., 1985, c. B-6)

Marginal note:Weigher to take oath

• 37 (1) Every weigher licensed under section 36 shall forthwith take and subscribe before a justice of the peace an oath of office in the following form or to the same effect:

  I, , do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my skill and ability, execute and perform the duties of weigher. So help me God.

• Marginal note:Custody of oath

  (2) The oath taken under subsection (1) shall remain in the custody of the justice of the peace administering it, and any copy thereof certified by the justice of the peace is evidence that the oath has been taken and subscribed in accordance with this Act.

Affiliation with Canadian Chamber of Commerce

Marginal note:Affiliation with Canadian Chamber of Commerce

• 38 (1) Any board of trade duly registered under this Act may become affiliated with the Canadian Chamber of Commerce on complying with all the terms and requirements of that organization, and may be represented at its annual meeting.

• Marginal note:Election of delegates

  (2) The delegates or representatives to the annual meeting of the Canadian Chamber of Commerce shall be elected at a general meeting or by the council of the board of trade desiring that representation.

Change of Name

Marginal note:Change of name

39 On application by a corporation under its corporate seal, signed by its president and secretary, the name of the corporation may be changed if the Governor in Council is satisfied that the change is not desired for any improper purpose and is not otherwise objectionable.

Marginal note:Publication in Canada Gazette

40 A change of name of a corporation is conclusively established by the insertion in the Canada Gazette by the Minister of Industry of a notice of the change.

Marginal note:Rights and liabilities

41 No rights or liabilities of a corporation are affected by a change of its name, and all actions commenced by or against the corporation prior to the change may be proceeded with by or against it under its former name.

Annual Summary

Marginal note:Annual summary

• 42 (1) Every board of trade shall, on or before June 1 in every year, make a summary as of the March 31 preceding, specifying the following particulars:

  • (a) the name of the board of trade;

  • (b) the manner in which the board of trade is incorporated, giving the date thereof;

  • (c) the date on which the last general meeting of the members of the board of trade was held; and

  • (d) the names and addresses of the persons who at the date of the return compose the council of the board of trade.

• Marginal note:To be filed

  (2) The summary referred to in subsection (1) shall be completed and filed in duplicate in the Department of Industry on or before June 1 in every year.

• Marginal note:Duplicates

  (3) Each of the duplicates referred to in subsection (2) shall be signed by the secretary of the board of trade.

• Marginal note:Default

  (4) Where a board of trade fails to comply with any requirements of this section, it is liable on summary conviction to a fine not exceeding twenty dollars for every day during which the failure continues.

• Marginal note:Penalty

  (5) Every member of the council of a board of trade who knowingly or wilfully authorizes or permits a failure referred to in subsection (4) is liable to the same fine.

Dissolution

Marginal note:Dissolution of corporation

43 On its being made to appear that a board of trade has become incapable of exercising or has ceased to exercise its franchises, the Governor in Council may, subject to such terms and conditions as he thinks just and proper, dissolve the board as a corporation.

PART II

Formation of Board

Marginal note:Formation

• 44 (1) Any number of persons, not fewer than thirty, who are directly or indirectly engaged or interested in trade, commerce or the economic and social welfare of any district, whether residents of the district or not, may associate themselves together as a board of trade for the purpose of promoting and improving trade and commerce and the economic, civic and social welfare of the district.

• Marginal note:Certificate, registration and incorporation

  (2) Where the provisions of sections 5 and 7 have been complied with, section 8 applies to an association formed under subsection (1).

Marginal note:Memorandum of agreement

45 The persons referred to in section 44 shall forward to the Minister of Industry, together with the certificate of formation, a memorandum of agreement in duplicate, which shall set out the by-laws or regulations of the proposed board of trade and shall, more particularly, provide by-laws or regulations on the following matters:

• (a) conditions of membership, including societies or companies becoming members of the corporation;

• (b) mode of holding meetings, rights of voting and of making, repealing or amending by-laws or regulations;

• (c) appointment and removal of the directors, trustees, committee or officers, and their respective powers and remuneration;

• (d) provision for audit of accounts and appointment of auditors;

• (e) determination whether or how members may withdraw from the corporation; and

• (f) provision for custody of the seal of, and certifying of documents issued by, the corporation.

Marginal note:Amendments

• 46 (1) The by-laws and regulations referred to in section 45 may be amended at a general meeting called for that purpose.

• Marginal note:Approval

  (2) A variation or amendment of any by-law or regulation shall not be in force or acted on without the approval of the Minister of Industry.

Marginal note:Existing boards of trade

47 An existing board of trade incorporated by or under any Act of Parliament, of the legislature of the former Province of Canada or of the legislature of any province may apply under this Part to establish the board of trade under this Part.

Marginal note:Powers

48 A board of trade established under this Part has all the powers and authorities conferred on a board of trade by Part I and is subject to all the provisions of Part I except in so far as those provisions may be varied by this Part.