Canada Cooperatives Regulations (SOR/99-256)

58 The Director shall furnish the applicant for an exemption with a copy of any information received from any other person under section 57 and shall allow the applicant a reasonable opportunity to respond in writing.

59 If an applicant for an exemption or a person from whom the Director has requested information under section 57 does not provide the information within the time specified by the Director, the Director may deal with the application without regard to the information.

60 For the purpose of section 345 of the Act, the Director is deemed to have refused to grant an exemption if the exemption is not granted or the written notice of the refusal is not sent within the time specified in section 56.

PART 6.1Value of Total Financial Interest

60.1 For the purpose of paragraph 337.5(1)(b) of the Act, the prescribed amount of the value of the plaintiff’s total financial interest is $20,000.

PART 6.2Cancellation of Articles and Certificates

• 60.2 (1) For the purpose of subsection 376.2(1) of the Act, the prescribed circumstances are that

  • (a) there is an obvious error in the articles or in the related certificate;

  • (b) there is an error in the articles or in the related certificate that was made by the Director;

  • (c) the cancellation of the articles and related certificate is ordered by a court; or

  • (d) the Director lacked the authority to issue the articles and related certificate.

• (2) For the purpose of subsection 376.2(3) of the Act, the prescribed circumstances are that there is no dispute among the directors, members or shareholders as to the circumstances of the request for cancellation and

  • (a) the cooperative has not used the articles and related certificate; or

  • (b) if it has used them, anyone dealing with the cooperative on the basis of the articles and related certificate has consented to the cancellation.

PART 7Prescribed Fees

• 61 (1) The fee payable in respect of a service set out in column 1 of Schedule 3 is the applicable fee set out in column 2.

• (2) There is no fee payable in respect of the following services:

  • (a) the receipt and examination by the Director of articles of amendment sent under subsection 291(1) of the Act, if the only purpose of the amendment is to do one or more of the following:

    • (i) add an English or French version to the cooperative’s name, or

    • (ii) change the cooperative’s name as directed by the Director under subsection 24(1) or (3) of the Act;

  • (b) receipt and examination by the Director of documents sent under subsection 376.1(1) of the Act or a request for correction referred to in subsection 376.1(3) of the Act, if the correction relates solely to an error made by the Director;

  • (c) receipt and examination by the Director of a request for a cancellation referred to in subsection 376.2(1) of the Act, in the circumstance referred to in paragraph 60.2(1)(b) of these Regulations; or

  • (d) provision by the Director of

    • (i) an uncertified copy or uncertified extract under subsection 377(2) of the Act, if it is requested by a department or agency of the government of Canada or of the government of a province, by a municipality in Canada or by a police or law enforcement agency in Canada, or

    • (ii) an uncertified copy or uncertified extract of a profile of a cooperative generated by the Director.

61.1 On April 1, 2024 and every five years after that date, the fees set out in column 2 of Schedule 3 are to be increased by one per cent and rounded down to the nearest multiple of five dollars.

PART 8Prescribed Interest

62 For the purpose of subsection 302(25) of the Act,

• (a) the rate of interest for any month is the rate per annum that is the aggregate of 3% per annum and the Bank of Canada rate in effect on the third Wednesday of the month before the month in respect of which the interest is computed; and

• (b) the interest shall be calculated on a monthly basis for each month or part of a month, beginning on the day on which the resolution is adopted and ending on the day on which full payment is made.

Coming into Force

63 These Regulations come into force on December 31, 1999.