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

Marginal note:Fee to be paid before service performed

372.1 The fee in respect of the filing, examination, or copying of any document or in respect of any action that the Director is required or authorized to take must be paid to the Director on the filing, examination, or copying or before the Director takes the action in respect of which the fee is payable.

Definition of “statement”

• 373. (1) In this section, “statement” means a statement of intent to dissolve and a statement of revocation of intent to dissolve referred to in section 310.

• Marginal note:Execution and filing

  (2) When this Act requires that articles or a statement relating to a cooperative be sent to the Director,

  • (a) the articles or statement must be signed by a director or officer or, in the case of articles of incorporation, by the incorporators; and

  • (b) on receiving the articles or statement in the form that the Director has fixed, any other required documents and the required fees, the Director must

    • (i) record the date on which it is received,

    • (ii) subject to sections 12, 285, 292, 299 and 308, issue the appropriate certificate,

    • (iii) file the certificate, articles or statement, or a copy, image or photographic, electronic or other reproduction of it,

    • (iv) send the certificate, or a copy, image or photographic, electronic or other reproduction of it, to the cooperative or its agent or mandatary, and

    • (v) publish a notice of the issuance of the certificate in a publication generally available to the public.

• Marginal note:Date of certificate

  (3) A certificate referred to in subsection (2) that is issued by the Director may be dated as of the date of the receipt of the articles, statement or court order pursuant to which the certificate was issued or as of any later date specified by the court or person who signed the articles or statement.

• Marginal note:Signature

  (4) A signature required on a certificate issued by the Director under this Act may be printed or otherwise reproduced on the certificate or may be made in accordance with the regulations.

• Marginal note:Date of certificate

  (5) Despite subsection (3), a certificate of discontinuance may be dated as of the day a cooperative amalgamates under another Act or is continued.

Marginal note:Annual return

374. Every cooperative must send the Director an annual return in the form, and on the date, that the Director fixes.

Marginal note:Certificate

• 375. (1) The Director may provide any person with a certificate that a cooperative

  • (a) has sent to the Director a document required to be sent;

  • (b) has paid all required fees; or

  • (c) exists as of a certain date.

• Marginal note:Director may refuse to issue certificate of existence

  (2) For greater certainty, the Director may refuse to issue a certificate under paragraph (1)(c) if the Director has knowledge that the cooperative is in default of sending a document required to be sent or is in default of paying a required fee.