Marginal note:Liability of trustee

• 19. (1) No trustee of a trade union registered under this Act is liable to make good any deficiency that arises or happens in the funds of the trade union.

• Marginal note:Idem

  (2) A trustee of a trade union registered under this Act is liable only for the moneys actually received by him on account of the trade union.

Marginal note:Account to be rendered

20. Every treasurer or other officer of a trade union registered under this Act shall, at such times as he is required by the rules of the trade union, or at any other time, when called on by the trade union to do so, render to the trustees of the trade union, or the members, at a meeting thereof, a just and true account of all moneys received and paid by him since he last rendered a like account, of the balance then remaining in his hands and of all bonds or securities of the trade union.

Marginal note:Audit

• 21. (1) The trustees shall cause an account rendered under section 20 to be audited by a fit and proper person appointed by them.

• Marginal note:Duty of treasurer

  (2) On an audit under subsection (1), the treasurer, if required, shall forthwith

  • (a) hand over to the trustees the balance that appears to be due by him; and

  • (b) hand over to the trustees all securities and effects, books, papers and property of the trade union in his hands or custody.

• Marginal note:Failure to comply

  (3) If the treasurer fails to comply with subsection (2), the trustees may sue the treasurer, in any court of competent jurisdiction, for the balance appearing to have been due from him on the last account rendered by him, for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in the action the sums, if any, that he has since paid on account of the trade union.

• Marginal note:Costs

  (4) In an action under subsection (3), the trustees are entitled to recover their full costs of suit, to be taxed as between solicitor and client.

Marginal note:Fraudulently obtaining, misapplying funds, books, etc.

• 22. (1) If any officer, member or other person who is or represents himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatever,

  • (a) by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of the trade union,

  • (b) having the effects of the trade union in his possession, wilfully withholds or fraudulently misapplies the effects, or

  • (c) wilfully applies any part of the effects of the trade union to purposes other than those expressed or directed in the rules of the trade union,

  the provincial court judge or justices having jurisdiction in cases of complaint for offences under this Act for the place in which the registered office of the trade union is situated may, by summary order, on a complaint made by any person on behalf of the trade union, or by the Registrar, order the officer, member or other person,

  • (d) to deliver up all those moneys, securities, books, papers or other effects to the trade union, or

  • (e) to repay the amount of money paid improperly and to pay, if the provincial court judge or justices think fit, a further sum of money not exceeding one hundred dollars, together with costs not exceeding five dollars.

• Marginal note:Failure to comply

  (2) In default of delivery of effects or payment of an amount of money, or payment of a penalty and costs ordered under subsection (1), the provincial court judge or justices may order the person convicted to be imprisoned, with or without hard labour, for any term not exceeding three months.

• Marginal note:Proceedings by indictment

  (3) Nothing in this Act prevents a trade union from proceeding by indictment against a person described in subsection (1), but no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under this Act.