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

Records

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.

• Marginal note:Obligation to furnish

  (2) If documents are kept by the Director otherwise than in written form,

  • (a) the Director must provide any copy required to be provided under subsection 377(2) in intelligible written form; and

  • (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: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.

• Marginal note:Form of publication

  (4) Information or notices required by this Act to be summarized in a publication generally available to the public or to be published by the Director may be made available to the public or published by a system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information or notice in intelligible form within a reasonable time.

PART 23Continuance

Marginal note:Continuance under this Act

• 379 (1) Subject to paragraphs 7(3)(b) and (c), on the coming into force of this subsection,

  • (a) each former Act cooperative is deemed to be a cooperative incorporated under this Act;

  • (b) any provision contained in the articles of association and the charter by-laws of a former Act cooperative that is required to be contained in the articles of incorporation of a cooperative under this Act is deemed to be contained in the articles of that cooperative; and

  • (c) any share that has been issued by the cooperative that is not a membership share is deemed to be an investment share.

• Marginal note:Amendment to articles

  (2) Each former Act cooperative must, not later than five years after the coming into force of this subsection, amend its articles so that they comply with section 11 and file them with the Director.

• Marginal note:Failure to comply

  (3) If a cooperative referred to in subsection (1) does not comply with subsection (2), the Director may, after giving not less than one hundred and eighty days notice after the end of the five years to the cooperative, dissolve the cooperative.

• Marginal note:No member or shareholder rights

  (4) Any amendment to the articles of a cooperative to comply with subsection (2) does not give rise to any rights by a member or shareholder under section 302.

PART 24Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

380 to 384 [Amendments]

Repeal

385 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*386 This Act or any of its provisions or any provision of an Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force December 31, 1999, see SI/99-69.]