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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
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Section |
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1 In this Act:
"court" means the Supreme Court;
"relator" means a person, other than the Attorney General, by whom proceedings are taken under this Act.
2 The Attorney General may bring proceedings against any of the following:
(a) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, or a franchise from the Crown, or an office in a corporation incorporated under the laws of British Columbia;
(b) a public officer who does an act which under an enactment or other law causes a forfeiture of the public officer's office;
(c) a person who acts as and exercises the powers of a corporation without being incorporated.
3 The Attorney General may bring proceedings against a corporation for any of the following:
(a) contravening or offending its Act of incorporation or an Act of the Legislature under which it has been incorporated;
(b) forfeiting its privilege or franchise by nonuser;
(c) for an act which is a surrender or forfeiture of its rights, privileges or franchise;
(d) misusing a franchise or privilege conferred on it by law, or exercising a franchise or privilege not conferred by law.
4 (1) By leave of the court, the Attorney General may proceed under sections 2 and 3 for a relator, on terms as to security for costs by the relator as to the court seem just.
(2) On application made to the court for leave to bring the action, the court may direct notice to be given to the defendant, and may allow the defendant to show cause why leave should not be granted.
(3) If it appears to the court on the application that the rights of several persons relating to the matter for which the application is made may be tried and determined in one action, the court may direct notice of the application to be given to all those persons, and may allow or require those persons to appear and show cause for or against the application.
(4) If leave is given to bring an action, the court may make an order, that to it seems just, on the application to join parties.
5 In proceedings under this Act the court may order any of the following:
(a) that a defendant be removed and excluded from office and that the defendant deliver to the person, and within the time appointed by the court, all things in the defendant's possession or control belonging, relating or appertaining to the office;
(b) that the office vest in the person by law entitled to it or that the procedure provided by law for the vesting of the office be followed to determine the person lawfully entitled;
(c) that a person be restrained from acting as and exercising the powers of a corporation without being incorporated;
(d) that a corporation has surrendered or forfeited its rights, privileges or franchises, and that it be dissolved and wound up or that it be restrained from contravening or offending its Act of incorporation, or an Act under which it has been incorporated, or an Act or law in force in British Columbia;
(e) that a corporation has surrendered and forfeited its powers, privileges and franchises through nonuser during the full term of 3 years;
(f) generally all matters necessary to give effect to this Act.
6 All proceedings under this Act are civil and the costs are in the discretion of the court.
7 The Rules of Court, except so far as they otherwise provide, apply to and regulate all proceedings under this Act.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada