2005 Legislative Session: 6th Session, 37th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.


BILL Pr 403 -- 2005



1  Definitions
2  Society restored
3  Society continued
4  Rights
5  Commencement

WHEREAS Brad Eshelman, of the City of Vancouver, in the Province of British Columbia, has by his petition represented

(a) that British Columbia Wharf Operators' Association (the "Society") was incorporated in British Columbia on November 14, 1963 under Certificate of Incorporation No. S6761 issued pursuant to the Societies Act, R.S.B.C. 1960, c. 362, in effect on that date,

(b) that the Society failed to file with the Registrar an annual report as required under the Society Act, R.S.B.C. 1979, c. 390,

(c) that a notice was published in the British Columbia Gazette on August 25, 1994, pursuant to the Society Act, stating that the Society would be struck off the Register of Companies and dissolved unless, within one month after the publication of the notice, cause was shown to the contrary,

(d) that the Society was struck off the Register of Companies and dissolved on October 14, 1994 and a notice to that effect was published in the British Columbia Gazette on October 27, 1994,

(e) that, despite the notice, the directors of the Society, having no knowledge of its publication in the British Columbia Gazette, continued to carry on the affairs of the Society as if it had not been dissolved,

(f) that it will not be possible to continue carrying on the affairs of the Society unless the Society is revived, and

(g) that, since the Society was a society to which the Society Act applied and since there is no provision in that Act for the revival of a society more than 10 years after it has been dissolved, the Society cannot be revived except by a special Act of the Legislature of British Columbia;

AND WHEREAS Brad Eshelman has by his petition requested that it be enacted as follows, and it is expedient to grant the request in the petition;

THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:


1 In this Act:

"Register" means the Register of Companies;

"Registrar" means the Registrar of Companies;

"Society" means the British Columbia Wharf Operators' Association.

Society restored

2 The Society is restored to the Register, commencing on the date that a copy of this Act, certified by the Law Clerk of the Legislative Assembly, is filed with the Registrar.

Society continued

3 On its restoration, the Society is deemed to have continued in existence as if it had never been struck off the Register.


4 Nothing in sections 2 and 3 prejudices the rights of any person that were acquired before the date on which the Society is restored to the Register.


5 This Act comes into force on Royal Assent.

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