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Canada Cooperatives Act

Version of section 308 from 2018-05-01 to 2024-04-01:


Marginal note:Revival

  •  (1) When a cooperative is dissolved under this Part, any interested person, or any person who would be an interested person if a certificate of revival were issued under this section, may apply to the Director to have the dissolved cooperative revived as a cooperative under this Act.

  • Marginal note:Articles of revival

    (2) Articles of revival in the form that the Director fixes must be sent to the Director.

  • Marginal note:Certificate of revival

    (3) On receipt of articles of revival, the Director must issue a certificate of revival, unless the Director is of the opinion that issuing the certificate

    • (a) would result in the dissolved cooperative

      • (i) no longer being organized or operating or carrying on business on a cooperative basis,

      • (ii) if the cooperative is one to which Part 20 applies, not complying with Part 20, and

      • (iii) if the cooperative is one to which Part 21 applies, not complying with Part 21; or

    • (b) would not be advisable for any other valid reason.

  • Marginal note:Reliance on articles

    (4) For the purpose of subsection (3), the Director may rely on the articles of revival.

  • Marginal note:Date of revival

    (5) A dissolved cooperative is revived as a cooperative under this Act on the date shown on the certificate of revival.

  • Marginal note:Rights preserved

    (6) In the same manner and to the same extent as if it had not been dissolved, but subject to any reasonable terms that may be imposed by the Director, to the rights acquired by any person after its dissolution and to any changes to the internal affairs of the cooperative after its dissolution, the revived cooperative is

    • (a) restored to its previous position in law, including the restoration of any rights and privileges whether arising before its dissolution or after its dissolution and before its revival; and

    • (b) liable for the obligations that it would have had if it had not been dissolved whether they arise before its dissolution or after its dissolution and before its revival.

  • Marginal note:Legal actions

    (7) Any legal action respecting the affairs of a revived cooperative taken between the time of its dissolution and its revival is valid and effective.

  • Marginal note:Definition of interested person

    (8) In this section, interested person includes

    • (a) a member, a shareholder, a director, an officer, an employee and a creditor of the dissolved cooperative;

    • (b) a person who has a contract — other than, in Quebec, a contract by gratuitous title — with the dissolved cooperative; and

    • (c) a trustee in bankruptcy or liquidator for the dissolved cooperative.

  • 1998, c. 1, s. 308
  • 2001, c. 14, s. 210
  • 2018, c. 8, s. 78

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