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Section 4 (1) (a) BEFORE repealed by BC Reg 12/2014, effective February 14, 2014.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Section 4 (0.1) BEFORE repealed by BC Reg 156/2018, effective August 1, 2018.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Section 5 BEFORE repealed by BC Reg 12/2014, effective February 14, 2014.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 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.