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The Cooperatives Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 27

Bill 17, 3rd Session, 37th Legislature

THE COOPERATIVES AMENDMENT ACT


 

(Assented to August 9, 2002)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C223 amended

1           The Cooperatives Act is amended by this Act.

2           Subsection 29(1) is amended by striking out "clauses 28(1)(a) to (d)" and substituting "clauses 28(1)(a) to (c)".

3           Subsection 33(1) is replaced with the following:

Copies of financial statements to Registrar

33(1)       A cooperative referred to in subsection (1.1) shall send the Registrar copies of the documents described in subsection 257(1)

(a) at least 21 days before the annual members' meeting at which they are to be placed before the members; or

(b) not more than 15 months after the previous annual members' meeting if one is not held during those months.

Application of subsection (1)

33(1.1)     Subsection (1) applies to

(a) a distributing cooperative, if any of its shares that were part of a distribution to the public are outstanding and held by more than one person;

(b) a cooperative that requires its members to hold more than $500. of membership shares per member; and

(c) a cooperative that requires its members to make member loans of more than $500. per member.

4           Subsection 199(1) is amended in the part before clause (a) by striking out "meeting of the directors of a cooperative" and substituting "directors' meeting of a cooperative that has directors who are not resident in Canada".

5           Clause 219(3)(b) is amended by striking out "holds" and substituting "has paid for".

6(1)         Subsection 280(2) is amended by adding ", excluding Saturdays and holidays," after "seven days".

6(2)        Clause 280(3)(b) is amended by adding ", excluding Saturdays and holidays," after "14 days".

6(3)        Clause 280(4)(e) is amended by adding ", excluding Saturdays and holidays," after "seven days".

7           Section 282 is replaced with the following:

Member failing to give up residential unit

282(1)      This section applies when a housing cooperative member's right to possession and occupancy of residential premises of the cooperative has been terminated because of section 279 or 281 and he or she does not go out of possession of the premises.

Order of possession

282(2)      In the circumstances described in subsection (1), the provisions of The Residential Tenancies Act providing for an order of possession against a tenant who does not go out of possession of residential premises after his or her tenancy expires or is terminated apply, with necessary changes, to the member and to the cooperative.

Appeal to Court of Appeal

282(3)      Despite subsection (2), section 161 of The Residential Tenancies Act (appeal to Residential Tenancies Commission) does not apply to a decision of the Director of Residential Tenancies about an order of possession against a member, and any appeal of such a decision must be made to The Court of Appeal under section 175 of that Act.

8           Subsection 317(1) is amended in the part before clause (a) by striking out "any of clauses (a) to (c)" and substituting "clause (a) or (b)".

9(1)        Subsection 393(1) is amended

(a) by striking out ", except a report sent under subsection 324(2),"; and

(b) by adding "This is subject to subsection (3)." at the end of the subsection.

9(2)        Subsection 393(2) is amended

(a) by striking out ", except a report sent under subsection 324(2)"; and

(b) by adding "This is subject to subsection (3)." at the end of the subsection.

9(3)        The following is added after subsection 393(2):

Exceptions to subsections (1) and (2)

393(3)      Subsections (1) and (2) do not apply to

(a) the by-laws of a cooperative; or

(b) an inspector's report sent to the Registrar under subsection 324(2).

Coming into force

10          This Act comes into force on the day it receives royal assent.