PART IIStatus and Powers (continued)
Marginal note:Sunset provision
(2) The Governor in Council may, by order, extend by up to six months the time during which associations may continue to carry on business. No more than one order may be made under this subsection.
Marginal note:Order not a regulation
Marginal note:Exception — dissolution
(4) If Parliament dissolves on March 29, 2019 or on any day within the six-month period before that date or on any day within an extension ordered under subsection (2), associations may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
- 1991, c. 48, s. 22
- 1997, c. 15, s. 116
- 2001, c. 9, s. 254
- 2006, c. 4, s. 200
- 2007, c. 6, s. 138
- 2012, c. 5, s. 105
- 2016, c. 7, s. 122
PART IIIIncorporation, Continuance and Discontinuance
Formalities of Incorporation
Marginal note:Incorporation of association
23 On the application of one or more persons made in accordance with this Act, the Minister may, subject to this Part, issue letters patent incorporating an association.
- 1991, c. 48, s. 23
- 2001, c. 9, s. 256
Marginal note:Who may apply for incorporation
24 An application for incorporation of an association may only be made by
(a) an association; or
(b) persons who are entitled to be members of an association under Part IV that include at least
(i) two central cooperative credit societies not all of which are incorporated under the laws of one province,
(ii) two local cooperative credit societies not all of which are incorporated under the laws of one province,
(iii) two or more provincial leagues not all of which are incorporated under the laws of one province, or
(iv) a federal credit union or a federal league.
- 1991, c. 48, s. 24
- 2001, c. 9, s. 256
- 2007, c. 6, s. 139
- 2014, c. 39, s. 280
Marginal note:Application for incorporation
25 (1) An application for letters patent to incorporate an association setting out the names of the first directors of the association shall be filed with the Superintendent, together with such other information, material and evidence as the Superintendent may require.
Marginal note:Publishing notice of intent
(2) Before filing an application referred to in subsection (1), one of the applicants shall, at least once a week for a period of four consecutive weeks, publish, in a form satisfactory to the Superintendent, a notice of intention to make the application in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of the association is to be situated.
Marginal note:Objections to incorporation
26 (1) Any person who objects to the proposed incorporation of an association may, within thirty days after the date of the last publication under subsection 25(2) in respect of the proposed association, submit the objection in writing to the Superintendent.
Marginal note:Minister to be informed
(2) On receipt of an objection under subsection (1), the Superintendent shall inform the Minister of the objection.
Marginal note:Inquiry into objection and report
(3) On receipt of an objection under subsection (1), and if the application for the issuance of the letters patent to which the objection relates has been received, the Superintendent shall, if satisfied that it is necessary and in the public interest to do so, hold or cause to be held a public inquiry into the objection as it relates to the application and, on completion of the inquiry, the Superintendent shall report the findings of the inquiry to the Minister.
Marginal note:Report to be made available
(4) Within thirty days after receiving a report under subsection (3), the Minister shall make the report available to the public.
Marginal note:Rules governing proceedings
(5) Subject to the approval of the Governor in Council, the Superintendent may make rules governing the proceedings at public inquiries held under this section.
Marginal note:Matters for consideration
27 Before issuing letters patent to incorporate an association, the Minister shall take into account all matters that the Minister considers relevant to the application, including
(a) the nature and sufficiency of the financial resources of the applicant or applicants as a source of continuing financial support for the association;
(b) the soundness and feasibility of the plans of the applicant or applicants for the future conduct and development of the business of the association;
(c) the business record and experience of the applicant or applicants;
(d) the character and integrity of the applicant or applicants or, if the applicant or any of the applicants is a body corporate, its reputation for being operated in a manner that is consistent with the standards of good character and integrity;
(e) whether the association will be operated responsibly by persons with the competence and experience suitable for involvement in the operation of a financial institution;
(f) the impact of any integration of the businesses and operations of the applicant or applicants with those of the association on the conduct of those businesses and operations;
(g) whether the association is to be operated in accordance with cooperative principles;
(g.1) the predominance of associations, federal credit unions or federal leagues, or any combination of them, as members within the association; and
(h) the best interests of the financial system in Canada and, in particular, the cooperative financial system in Canada.
- 1991, c. 48, s. 27
- 2001, c. 9, s. 257
- 2014, c. 39, s. 281
Marginal note:Contents of letters patent
Marginal note:Provisions in letters patent
(2) The Minister may set out in the letters patent incorporating an association any provision not contrary to this Act that the Minister considers advisable in order to take into account the particular circumstances of the proposed association.
Marginal note:Terms and conditions
(3) The Minister may impose such terms and conditions in respect of the issuance of letters patent incorporating an association as the Minister considers necessary or appropriate.
- 1991, c. 48, s. 28
- 2005, c. 54, s. 144
Marginal note:Notice of issue of letters patent
Marginal note:First directors
30 The first directors of an association are the directors named in the application for letters patent to incorporate the association.
Marginal note:Effect of letters patent
31 An association comes into existence on the date provided therefor in its letters patent.
Marginal note:Federal corporations
31.1 (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament may apply to the Minister for letters patent continuing the body corporate as an association.
Marginal note:Other corporations
(2) A body corporate incorporated otherwise than by or under an Act of Parliament may, if so authorized by the laws of the jurisdiction where it is incorporated, apply to the Minister for letters patent continuing the body corporate as an association.
Marginal note:Continuance for the purpose of amalgamation
(3) A body corporate incorporated or continued otherwise than under this Act may apply to the Minister for letters patent continuing the body corporate as an association if the body corporate proposes to be continued under this Act for the purpose of amalgamating with another body corporate in compliance with this Act.
- 2001, c. 9, s. 258
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