Section 2 (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) a lawyer, accountant or other professional if his or her primary participation in the management of the association is the provision of professional services to the association;
Section 4 (1) (a) BEFORE amended by BC Reg 142/2010, effective July 1, 2010.
(a) attach to the notice required by section 37 (2.1) (a) (ii) one copy each of Forms 59, 59B and 59C of Appendix A of the Supreme Court Rules, B.C. Reg. 221/90;
Section 4 (0.1) was added by BC Reg 12/2014, effective February 14, 2014.
Section 4 (1) (a) BEFORE repealed by BC Reg 12/2014, effective February 14, 2014.
(a) attach to the notice required by section 37 (2.1) (a) (ii) one copy each of Forms 73, 75 and 76 of Appendix A of the Supreme Court Civil Rules, B.C. Reg. 168/2009;
Section 4 (0.1) BEFORE repealed by BC Reg 156/2018, effective August 1, 2018.
(0.1) The prescribed form for the purposes of section 37 (2.1) (a) (ii) of the Act is Form 9 of Schedule C.
Section 4 (1) (part) BEFORE amended by BC Reg 156/2018, effective August 1, 2018.
(1) If the members of a housing cooperative confirm the termination of a membership under section 37 (2) (b) of the Act, the housing cooperative must comply with the following conditions:
Section 4 (3) BEFORE amended by BC Reg 156/2018, effective August 1, 2018.
(3) The request under subsection (1) (b) must be made within 10 days after the day the appellant is served with the notice under section 37 (2.1) (a) (i) of the Act.
Section 4 (5) BEFORE amended by BC Reg 156/2018, effective August 1, 2018.
(5) If the housing cooperative has issued an amount under subsection (1) (b) and the court upholds the decision of the members to terminate the appellant's membership, the amount paid under subsection (1) (b) is a debt due to the housing cooperative from the appellant.
Section 5 BEFORE repealed by BC Reg 12/2014, effective February 14, 2014.
Annual report
5 (1) For the purpose of section 126 (1) of the Act, the following information is prescribed as the information that must be contained in the annual report:
(a) full name of the association;
(b) incorporation number;
(c) date of annual general meeting for that year;
(d) full physical address, including postal code, of the registered office;
(e) full names and residential addresses, including postal codes, of the directors.
(2) For the purpose of section 126 (2) of the Act, the following information is prescribed as the information that must be contained in the annual report:
(a) full name of the extraprovincial association;
(b) British Columbia extraprovincial registration number;
(c) anniversary date of registration in British Columbia;
(d) full names and residential addresses, including postal codes, of the directors.
[en. B.C. Reg. 265/2008, s. 1.]
Schedule A historical note BEFORE amended by BC Reg 112/2010, effective May 1, 2010.
[am. B.C. Reg. 265/2008, s. 3.]
Schedule B, rule 39 (part), BEFORE amended by BC Reg 12/2014, effective February 14, 2014.
I, ..........................[transferor], of .......................... [address of transferor] in consideration of the sum of $...... paid to me by .......................... [transferee], of .......................... [address of transferee], do transfer to the transferee .......... [number and class] shares in the .......................... [name of association], for which certificates are attached, to be held the transferee or his or her personal representatives and assignees, subject to the conditions on which I held the same at the time of the execution; and I, the transferee, agree to take the shares subject to those conditions.
Schedule B, rule 16 (1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) if he or she does so, the member continues to be a member of the Association, despite the resolution of the directors terminating the membership, unless the members at the general meeting to which the appeal is brought confirm the termination of membership by a simple majority.
Schedule B, rule 24 (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) is a member in his or her own right, or
Schedule B, rule 39 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Form of transfer
39 Shares in the Association may be transferred in the following form, or in another usual or common form approved by the directors:
I, ..........................[transferor], of .......................... [address of transferor] in consideration of the sum of $...... paid to me by .......................... [transferee], of .......................... [address of transferee], do transfer to the transferee .......... [number and class] shares in the .......................... [name of association], for which certificates are attached, to be held by the transferee or his or her personal representatives and assignees, subject to the conditions on which I held the same at the time of the execution; and I, the transferee, agree to take the shares subject to those conditions.
Signed on .......................................................................... (year, month, day)
(Signature of transferor)...................................................................................
(Signature of transferee)...................................................................................
(Signature of witness)......................................................................................
Schedule B, rule 45 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Redemption of shares
45 If the person entitled to the membership share or investment share of a deceased member does not qualify for membership under Part 2 or the directors do not authorize the transfer of shares to that person, the Association must, subject to the Act, redeem those shares by paying to that person, within 4 months of the date on which the person provided the Association with proof of his or her entitlement, the amount paid up on the shares.
Schedule B, rule 51 (1) and (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Subject to the Act, an individual member who has attained 60 years of age may require the Association to redeem any of his or her shares except those shares required to be held as a condition of membership.
(2) A member who wishes to have the Association redeem any of his or her shares under subrule (1) must give written notice to the Association and the Association, on receipt of the share certificates relating to the shares to be redeemed, and subject to the Act, must pay the member the amount paid up on the shares within 4 months.
Schedule B, rule 93 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Votes of persons in representative capacity
93 A person who is not registered as the holder of a membership share or investment share but who is entitled to vote at a general meeting or a meeting of investment shareholders, or of investment shareholders of a particular class of investment shares, as a representative of a member or investment shareholder, may vote in the same manner as if he or she were a member or investment shareholder if, before the meeting at which he or she proposes to vote, he or she satisfies the directors of his or her right to vote at that meeting.
Schedule B, rule 102 (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) signed by the member giving the proxy or by his or her agent authorized in writing or, if the member is an eligible organization, by a duly authorized director, officer or attorney of the organization, and
Schedule B, rule 103 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Production of evidence of authority to vote
103 The chair of any meeting may, but need not, inquire into the authority of any person to vote at the meeting and may, but need not, demand from that person evidence of his or her authority to vote.
Schedule B, rule 118 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Removal of director
118 The Association may by special resolution remove any director before the expiration of his or her term of office, and may by an ordinary resolution fill the vacancy created by the removal.
Schedule B, rule 179 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Undelivered notices
179 If a mailed notice is returned on two consecutive occasions because the intended recipient cannot be found, the Association is not required to give any further notices to that intended recipient until the intended recipient informs the Association in writing of his or her new address.
Schedule B, end note (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
| Note: | The following information must be provided for each subscriber. Each subscriber must sign his or her full name in the presence of a witness on two original copies of these Rules. Only one witness is required, providing that he or she witnesses the signature of each subscriber, in which case the signature, name, and address of the witness may appear after the signatures of the subscribers. |
Schedule B, rule 60 (1) BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
(1) If it is not possible to hold one general meeting at a time when, or place where, a large portion of the membership is able to attend, 2 or more general meetings may be held at the times and the places in British Columbia that the directors specify in accordance with the Act.
Schedule B, rule 62 BEFORE renumbered as (1) and (2) added by BC Reg 114/2022, effective July 4, 2022.
Schedule B, rule 71 (1) (b) BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
(b) in any other case, stands adjourned to the same day in the next week at the same time and place, unless the place of meeting is changed out of necessity.
Schedule B, rules 73, 77, 78, 95, 129, 141 and 142 BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
Alternate chair
73 If there is no chair present within 30 minutes after the time appointed for holding the meeting, the members present at a general meeting must elect a member to chair the meeting.
Persons entitled to be present
77 The only persons entitled to be present at a general meeting are those entitled to vote at that meeting, the auditor of the Association, if any, and others who are entitled or required under any provision of the Act or these Rules to be present.
Other persons may be admitted
78 A person who is not entitled to be present at a general meeting under Rule 77 may be admitted to a meeting only on the invitation of the chair or with the consent of the members at the meeting.
Representative of eligible organization
95 (1) If an eligible organization provides evidence that complies with Rule 98 of the appointment of an individual to represent it at a general meeting or a meeting of investment shareholders or of investment shareholders of a particular class of shares,
(a) the representative is entitled to exercise in respect of and at that meeting the same rights on behalf of the eligible organization as that eligible organization could exercise if it were an individual member or investment shareholder of the Association present, and
(b) the representative, if present at a meeting, is to be counted for the purpose of forming a quorum.
(2) The evidence of appointment required by Rule 99 with respect to a representative of an eligible organization may be provided by written instrument, facsimile transmission, telegram, telex or any method of transmitting legibly recorded messages.
Chair
129 (1) The president of the Association or, in the absence of the president, the vice-president must chair all meetings of the board.
(2) If both the president and vice-president are absent from a meeting of the board, the directors present must appoint one of their number to chair the meeting.
Chair
141 A committee of directors may elect a chair of its meetings but, if no chair is elected, or if at any meeting the chair is not present within 15 minutes after the time appointed for holding the meeting, the directors present who are members of the committee may, by resolution, choose one of their number to chair the meeting.
Schedule B, rule 74 BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
Adjournments by chair
74 The chair of a general meeting may, and if so directed by the members must, adjourn the meeting from time to time and from place to place, but no business may be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
Schedule B, rule 83 (1) and (2) BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
(1) An individual present and entitled to vote at a general meeting may demand that a poll be taken on any matter under consideration at that meeting either before or promptly after the vote by show of hands is taken.
(2) Subject to Rule 85, a poll must be taken in the manner and at the time, either at the general meeting or within 7 days after the date of the meeting, and at the place that the chair of the meeting directs.
Schedule B, rule 96 BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
Proxy voting at a general meeting
96 An individual member may vote by proxy at a general meeting in accordance with the Act and these Rules if the member's residence, as determined from the register of members of the Association, is more than 80 km from the place of the meeting, or if there are 2 or more meeting places, from the place of the meeting closest to the member's residence.
Schedule B, rule 122 (1) (part) BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
(1) Subject to Rules 123, 124, 125, 126 and 127, at least 10 days notice of a meeting of the directors, specifying the place, date and hour of the meeting, must be given to each director and is sufficiently given if provided
Schedule B, rule 124 (1) BEFORE amended by BC Reg 114/2022, effective July 4, 2022.
(1) The board may, by resolution, appoint a day or days in any month or months for regular board meetings at the places and times specified by the board.
Schedule B, rule 122 (1) (f) was added by BC Reg 50/2023, effective March 1, 2023.
Schedule B, rule 122 (7) was added by BC Reg 50/2023, effective March 1, 2023.
Schedule C, Form 9, sections 1, 4 and 5 BEFORE amended by BC Reg 142/2010, effective July 1, 2010.
| 1 | The appeal of a termination of membership in a housing cooperative is governed by the Cooperative Association Act and Rule 49 of the Supreme Court Rules.If you wish to appeal the decision to terminate your membership in the housing cooperative, you must first file a Notice of Appeal (Form 59, attached) in a Supreme Court registry within 30 days after the day you receive this Notice. (If you do not know where nearest the court registry is, consult the provincial government listings in the telephone directory.) |
| 4 | Within 14 days after the date on which you file your Notice of Appeal, you must inform the housing cooperative of your appeal and the date scheduled for a hearing by serving a copy of the Notice of Appeal on the housing cooperative. (The Notice of Appeal may be served on the housing cooperative by leaving it at its registered office; sending it by registered mail to the registered office of the housing cooperative; personally serving it on the directors or officers; or serving it in any manner listed in Rule 11 of the Supreme Court Rules.) |
| 5 | You are advised to serve the Notice of Appeal on the housing cooperative immediately after it has been filed. (The Supreme Court Rules require that there must be at least 7 days between the time the cooperative is served with a Notice of Appeal and the day of the hearing.) |
Schedule C, Form 9, BEFORE re-enacted by BC Reg 12/2014, effective February 14, 2014.
Form 9
[am. B.C. Reg. 142/2010, s. (b).]
To: [full name and address of person]................................................................................................................
NOTICE OF RIGHT TO APPEAL
Cooperative Association Act (Section 37 (2.1) )
On the .......... day of .............................., 20......, [date of general meeting at which the resolution confirming the termination of membership by the directors was passed] the................................................ [name of housing cooperative] confirmed by ordinary/special resolution [indicate type of resolution] the decision of the directors to terminate your membership in the housing cooperative.
You may appeal the termination of your membership to the Supreme Court of British Columbia pursuant to section 37 (3) of the Cooperative Association Act on any of the following grounds:
• the housing cooperative failed to observe the principles of natural justice in terminating the membership,
• the decision of the housing cooperative is not reasonably supported by the facts, or
• the decision of the housing cooperative is not authorized by section 35 of the Cooperative Association Act.
Information about Appealing a Termination of Membership1
| 1 | The appeal of a termination of membership in a housing cooperative is governed by the Cooperative Association Act and Rule 18-3 of the Supreme Court Civil Rules. If you wish to appeal the decision to terminate your membership in the housing cooperative, you must first file a Notice of Appeal (Form 59, attached) in a Supreme Court registry within 30 days after the day you receive this Notice. (If you do not know where nearest the court registry is, consult the provincial government listings in the telephone directory.) |
| 2 | The Notice of Appeal is a notice to the housing cooperative that you are appealing its decision to terminate your membership and that a hearing has been scheduled with a judge to determine how the appeal should proceed. This hearing is not the appeal itself; it is an initial application to a judge for directions as to how the appeal should proceed. (The judge may give any direction he or she considers necessary for the proper hearing and determination of the appeal. The judge may, for example, order that certain documents be produced at the appeal or set time limits within which you and/or the housing cooperative must take certain steps.) |
| 3 | After completing the Notice of Appeal, except for the section that sets out the place and time of the hearing, the Notice of Appeal is ready to be filed at the court registry. On payment of a filing fee†, a date for the hearing will be set by the court registry when you present the Notice of Appeal for filing. |
| 4 | Within 14 days after the date on which you file your Notice of Appeal, you must inform the housing cooperative of your appeal and the date scheduled for a hearing by serving a copy of the Notice of Appeal on the housing cooperative. (The Notice of Appeal may be served on the housing cooperative by leaving it at its registered office; sending it by registered mail to the registered office of the housing cooperative; personally serving it on the directors or officers; or serving it in any manner listed in Rule 4-3 of the Supreme Court Civil Rules.) |
| 5 | You are advised to serve the Notice of Appeal on the housing cooperative immediately after it has been filed. (The Supreme Court Civil Rules require that there must be at least 7 days between the time the cooperative is served with a Notice of Appeal and the day of the hearing.) |
| 6 | After the initial hearing at which the judge issues directions as to how the appeal is to proceed, you must obtain a date from the court registrar for the hearing of the appeal. This is best accomplished in consultation with the housing cooperative to ensure that one of its representatives will be available to attend the hearing. |
| 7 | After the registrar gives you a date for the hearing of the appeal, you must file with the registrar a Notice of Hearing of Appeal (Form 59B, attached) and serve a copy of it on the housing cooperative. (The Notice of Hearing of Appeal may be served in the same manner as the Notice of Appeal.) The appeal of your termination of membership will be heard by a judge at the time and place set out in the Notice of Hearing of Appeal, and you will have an opportunity to present your appeal in accordance with any directions that were issued by the judge at the initial hearing for directions. |
| 8 | If after you've filed or served the Notice of Hearing of Appeal you decide not to proceed with the appeal, you must file a Notice of Abandonment of Appeal (Form 59C, attached) at the court registry and serve a copy of the Notice on the housing cooperative. Failure to properly notify the court registry and the housing cooperative may result in your having to pay the costs of an application to the court by the housing cooperative to dismiss the appeal and any other costs the court awards against you. |
| 9 | If you do not appeal the decision to terminate your membership, the housing cooperative is entitled to apply for an order of possession of the residential premises under section 172 of the Cooperative Association Act. |
| 1. | You may represent yourself in the appeal or obtain legal representation, or you may have some other person represent you, provided that the person does not receive any compensation from you for acting on your behalf. Legal assistance is available at no cost to certain persons. To determine whether you are eligible for such assistance, you must contact the Legal Services Society. Since appeals must be commenced within 30 days after the date on which you received this Notice, you are advised to contact the Legal Services Society as soon as possible. |
| †. | The housing cooperative is required to pay the fee for filing the Notice of Appeal if you are not in arrears for any monthly housing charge. If there is a dispute about the amount of the monthly housing charge the housing cooperative is still required to pay the filing fee provided that you are not in arrears for the amount of the monthly housing charge that is not in dispute. You must make your request to the housing cooperative in writing within 10 days of receiving the Notice of Right to Appeal. If the housing cooperative pays the filing fee and you are not successful in your appeal, the housing cooperative is entitled to recover the amount of the filing fee from you. If you are not eligible to require the housing cooperative to pay the filing fee, you may wish to contact the Legal Services Society for information about applying for legal aid or a court registry for details as to how to apply for indigent status. Since appeals must be commenced within 30 days after the date you received this Notice, you are advised to investigate the various options for payment of the filing fee as soon as possible. |
Schedule C, Form 9.1 enacted by BC Reg 12/2014, effective February 14, 2014.