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Volume 65, No. 9
114/2022
The British Columbia Gazette, Part II
May 10, 2022

B.C. Reg. 114/2022, deposited May 9, 2022, under the BUSINESS CORPORATIONS ACT [section 432 (2)], the COOPERATIVE ASSOCIATION ACT [section 211 (2)] and the SOCIETIES ACT [section 230]. Order in Council 257/2022, approved and ordered May 9, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 4, 2022,

(a) the Business Corporations Regulation, B.C. Reg. 65/2004, is amended as set out in the attached Appendix 1,

(b) the Cooperative Association Regulation, B.C. Reg. 391/2000, is amended as set out in the attached Appendix 2, and

(c) the Societies Regulation, B.C. Reg. 216/2015, is amended as set out in the attached Appendix 3.

— S. ROBINSON, Minister of Finance; J. WHITESIDE, Presiding Member of the Executive Council.

Appendix 1

1 Table 1 of the Business Corporations Regulation, B.C. Reg. 65/2004, is amended

(a) by repealing Article 8.3 and substituting the following:

(b) that shareholder may constitute the meeting if the shareholder

(i) attends in person, by telephone or by other communications medium, or

(ii) is represented by proxy. ,

(b) in Articles 8.5, 8.6, 8.7, 9.1 (a), 9.3 (b), 9.5 (b) (ii), 11.2 (c) (i) and (iii) and 12.4 (b) and (d) by striking out "present" wherever it appears and substituting "in attendance",

(c) by repealing Article 8.9 and substituting the following:

Alternate chair

8.9 (1) If any of the following applies to any meeting of shareholders one of the actions in subarticle (2) must be taken:

(a) there is no chair of the board or president in attendance within 15 minutes after the time set for holding the meeting;

(b) the chair of the board and the president are unwilling to act as chair of the meeting;

(c) the chair of the board and the president have advised the secretary, if any, or any director in attendance at the meeting, that they will not be in attendance at the meeting.

(2) For the purposes of subarticle (1), the following are the applicable actions:

(a) the directors in attendance must choose one of their number to be chair of the meeting;

(b) if all of the directors in attendance decline to take the chair or fail to so choose or if no director is in attendance, the shareholders in attendance or being represented by proxy must choose any person in attendance at the meeting to chair the meeting. ,

(d) in Article 8.13 (a) (ii) by striking out "at the place" and substituting ", if applicable, at the place",

(e) in Article 9.1 (b) by striking out "either in person or by proxy" and substituting "either personally while in attendance at the meeting or by proxy",

(f) in Article 9.9 (c) by striking out "the shareholders present in person or by proxy at and entitled" and substituting "the shareholders in attendance at the meeting or represented at the meeting by proxy who are entitled",

(g) in Article 11.1 by striking out "together" and by striking out "held at the place," and substituting "held at, if applicable, the place", and

(h) in Article 11.5 by striking out "specifying the place, date and time" and substituting "specifying the date, time and, if applicable, the place".

2 Article S7.1 of Table 2 is amended by adding the following paragraph:

(d) if the meeting is to be held as a fully electronic meeting, by publishing the notice in one issue of a daily newspaper published and circulating in the County of Vancouver.

Appendix 2

1 Schedule B of the Cooperative Association Regulation, B.C. Reg. 391/2000, is amended

(a) in Rule 59 by striking out "the time and place" and substituting "the time and, if applicable, place",

(b) in Rule 60 by striking out "or place where" and substituting "or, if applicable, place where" and by striking out "and the places in" and substituting "and, if applicable, the places in",

(c) in Rule 62 by renumbering the section as subsection (1) and by adding the following subsection:

(2) If the general meeting is an electronic meeting, the notices must also contain instructions for attending and participating in the meeting by telephone or other communications medium, including, if applicable, instructions for voting at the meeting. ,

(d) in Rule 71 (1) (b) by striking out "and place, unless the place of" and substituting "and, if applicable, place, unless the place of",

(e) in Rules 73, 77, 78, 83 (1), 95, 129 (2), 141 and 142 by striking out "present" wherever it appears and substituting "in attendance",

(f) in Rule 74 by striking out "and from place to place" and substituting "and, if applicable, from place to place",

(g) in Rule 83 (2) by striking "and at the place" and substituting "and, if applicable, at the place",

(h) in Rule 96 by adding "that is not an electronic meeting" after "at a general meeting",

(i) in Rule 120 by striking out "and place" in both places and substituting "and, if applicable, place",

(j) in Rule 122 (1) by striking out "specifying the place, date and hour of the meeting" and substituting "specifying the date, hour and, if applicable, place of the meeting",

(k) in Rule 124 (1) by striking out "at the places and times specified" and substituting "at the times and, if applicable, places specified", and

(l) in Rule 126 by striking out "if the time and place of" and substituting "if the time and, if applicable place of".

Appendix 3

1 Schedule 1 of the Societies Regulation, B.C. Reg. 216/2015, is amended

(a) in section 3.1 by striking out "and place the Board" and substituting "and, if applicable, place the Board",

(b) in sections 3.4 (b) (iii), 3.5, 3.6, 3.8 and 3.9 by striking out "present" wherever it appears and substituting "in attendance",

(c) in section 3.8 by striking out "place" and substituting "and, if applicable, place", and

(d) in section 3.10 by striking out "and from place to place" and substituting "and, if applicable, from place to place".


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