1st Session, 43rd Legislature
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Bill 15
THE CREDIT UNIONS AND CAISSES POPULAIRES AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Credit Unions and Caisses Populaires Act is amended by this Act.
2 Subsection 20(6) is repealed.
3 Section 55.1 is renumbered as section 55.2 and the following is added as section 55.1:
Termination of membership — abusive conduct, etc.
55.1(1) Despite subsection 55(1) and subject to the by-laws of a credit union, the membership of a member may be terminated by a credit union without a resolution of the directors if the member engages in abusive or discriminatory conduct or conduct that threatens the health or safety of others in the member's dealings with the credit union.
55.1(2) Within seven days after the date on which a credit union terminates the membership of a member under subsection (1), the credit union must give the person notice of the termination together with a statement of the grounds upon which the membership was terminated.
55.1(3) A person whose membership is terminated under this section may request that the board of directors of the credit union review the decision. The request must be in writing and be sent to the credit union within 14 days after the date that notice was given under subsection (2).
Opportunity to make submissions
55.1(4) The directors are not required to hold a hearing on a review, but they must give the person requesting the review an opportunity to make written submissions.
55.1(5) After reviewing the termination decision, the directors must, by a resolution passed by a majority vote, either confirm or set aside the decision and must give the person who requested the review written notice of the decision.
55.1(6) The decision of the directors is final.
55.1(7) A person whose membership is terminated under this section must not again be admitted to membership in the credit union except by special resolution of a general meeting.
4 The following is added as subsections 58(1.1) and (1.2):
Submission of proposed by-law for review
58(1.1) A credit union may submit a copy of a proposed by-law or proposed amendment or repeal of a by-law to the Registrar for review prior to the by-law being enacted, amended or repealed by the members.
Registrar's review of proposed by-law
58(1.2) As soon as practicable after receiving a submission under subsection (1.1), the Registrar must review the proposed by-law or proposed amendment or repeal of the by-law and advise the credit union whether, in the Registrar's opinion, the by-law, amendment or repeal is consistent with
(a) the provisions of this Act, the regulations and the standards of sound business practice; and
(b) the credit union's articles and other provisions of the credit union's by-laws.
5 Subsection 65(4) is amended by striking out everything after "by-laws of the credit union".
6 Subsection 73(1) is amended by striking out "Subject to section 71.1, any regulations respecting electronic meetings and the by-laws of a credit union," and substituting "Subject to sections 71 and 71.1 and the regulations,".
7(1) Subsection 77(1) is amended, in the part before clause (a), by striking out "may be a director of a credit union if he or she" and substituting "is eligible to be a director of a credit union only if the person".
7(2) Subsection 77(2) is amended, in the part before clause (a), by striking out "may not be a director if he or she is" and substituting "is not eligible to be a director if the person is".
8(1) Subsection 187(1) is amended
(a) in the part before clause (a), by striking out "may be a director of the central if they" and substituting "is eligible to be a director of the central only if the person is";
(b) in clause (a) of the English version, by striking out "are"; and
(c) in clause (b) of the English version, by striking out "are a delegate" and substituting "a delegate".
8(2) Subsection 187(2) is amended, in the part before clause (a), by striking out "may not be a director of the central if he or she is" and substituting "is not eligible to be a director of the central if the person is".
9 This Act comes into force on the day it receives royal assent.