1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


BILL 98 -- 1999

COOPERATIVE ASSOCIATION ACT

... continued ...

 
Part 16 -- Administration

 
Division 1 -- Registrar

Registrar may refuse to accept filing

204 The registrar may refuse to file a record submitted for filing or registration and may request that the record be appropriately altered or completed and resubmitted, or that a new record be submitted in its place, if in the opinion of the registrar,

(a) there is an omission or misdescription in the record,

(b) the record does not comply with this Act, the Company Act as it applies to this Act, the regulations under this Act or the regulations under the Company Act as they apply to this Act, or

(c) the record contains any error, alteration or erasure.

Document imaging

205 The registrar may have a document or other record that is filed or registered with the registrar photocopied or otherwise reproduced, and the reproduction is, for all purposes, deemed to be the document or other record photocopied or reproduced.

Inspection of records at registrar's office

206 (1) Any person may

(a) inspect the records kept by the registrar relating to an association on payment of the prescribed fee for each inspection, and

(b) obtain a copy or extract of a record on payment of the prescribed fee for the copy or extract and may obtain a certified true copy on payment of the further prescribed fee.

(2) A copy of or extract from a record kept and filed or registered at the office of the registrar, certified to be a true copy under the signature of the registrar, is in all legal proceedings admissible in evidence as of equal validity with the original record, and it is not necessary to prove the handwriting or official position of the person certifying the copy or extract.

 
Division 2 -- Appeal to Commercial Appeals Commission

Appeal from registrar's decisions

207 A person aggrieved by a direction, decision, order or ruling by the registrar under this Act may appeal it to the commission established under the Commercial Appeals Commission Act.

 
Division 3 -- General

Arbitration of disputes

208 (1) Arbitration may be used to decide a dispute arising out of the affairs of an association, between

(a) a person aggrieved who has for not more than 6 months ceased to be a member, a person claiming through such an aggrieved person, a member, an investment shareholder, a person claiming through a member or an investment shareholder or a person claiming under the association's rules, and

(b) the association or a director of the association.

(2) The decision made is binding on all parties and may be enforced on application to the court.

(3) Unless the association's rules otherwise provide, there is no appeal from a decision made in an arbitration under this section.

(4) Unless the association's rules establish another method, an arbitration under this section must be conducted in accordance with the Commercial Arbitration Act.

(5) Any of the parties to a dispute described in subsection (1) may commence arbitration proceedings by giving 7 days' written notice to the other parties to the dispute.

(6) A person is not entitled to bring proceedings under this section in respect of any dispute that is the same or substantially the same as a matter in which the person has an interest, if the matter

(a) has been decided by order of the court under section 156, or

(b) is the subject of court proceedings under section 156, unless the court otherwise orders on the grounds of undue delay to which the applicant has not contributed.

Employment as inducement to invest

209 A person must not hold out the prospect of employment for wages or salary as an inducement to invest in the shares or securities of an association.

Fees

210 There must be paid to the registrar for the prescribed matters the prescribed fees, and the registrar must pay the fees to the Ministry of Finance and Corporate Relations.


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