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

Act current to 2013-04-29 and last amended on 2012-12-19. Previous Versions

Procedure

Marginal note:Quorum
  •  (1) Unless the by-laws provide otherwise, a quorum is present at a meeting of the cooperative if persons holding a majority of the voting rights that may be exercised at the meeting are present in person or represented in a manner provided for by this Act or permitted by the by-laws.

  • Marginal note:Opening quorum sufficient

    (2) If a quorum is present at the opening of a meeting, the persons who are present and entitled to vote may, unless the by-laws provide otherwise, proceed with the business of the meeting even though a quorum is not present throughout the meeting.

  • Marginal note:Adjournment

    (3) If a quorum is not present at the opening of a meeting, the persons who are present and entitled to vote may adjourn the meeting to a fixed time and place but may not transact any other business.

Marginal note:Representative
  •  (1) If an entity is entitled to vote at a meeting of a cooperative, the cooperative must recognize any individual authorized by a resolution of the directors or governing body or similar authority of the entity to represent it at meetings of the cooperative.

  • Marginal note:Powers of representative

    (2) An individual who is authorized under subsection (1) to represent an entity may exercise on behalf of the entity all the powers the entity could exercise if it were an individual.

Marginal note:Joint voting — members
  •  (1) Unless the by-laws provide otherwise, each joint member may vote at a meeting of members.

  • Marginal note:Joint voting — shareholders

    (2) Unless the articles provide otherwise, if two or more persons hold investment shares jointly, one of those holders present at a meeting of shareholders may, in the absence of the others, vote the investment shares, but if two or more of those persons who are present vote, in person or by proxy, they vote as one on the investment shares jointly held by them.

Marginal note:Voting by show of hands
  •  (1) Unless the by-laws provide otherwise, voting at a meeting of a cooperative takes place by a show of hands except when a ballot is demanded by a person who is entitled to vote at the meeting.

  • Marginal note:Ballot

    (2) A person who is entitled to vote at a meeting may demand a ballot either before or after a vote by show of hands.

  • Marginal note:Electronic voting

    (3) Despite subsection (1), unless the by-laws provide otherwise, any vote referred to in subsection (1) may be held, in accordance with the regulations, if any, entirely by means of a telephonic, electronic or other communication facility, if the cooperative makes available such a communication facility.

  • Marginal note:Voting while participating electronically

    (4) Unless the by-laws otherwise provide, a member or shareholder participating in a meeting of the cooperative under subsection 48(3) or (3.1) and entitled to vote at that meeting may vote, in accordance with the regulations, if any, by means of the telephonic, electronic or other communication facility that the cooperative has made available for that purpose.

  • 1998, c. 1, s. 65;
  • 2001, c. 14, s. 155.