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Volume 57, No. 3

12/2014

The British Columbia Gazette,

Part II

February 25, 2014

B.C. Reg. 12/2014 , deposited February 14, 2014, under the COOPERATIVE ASSOCIATION ACT [section 211] and the

INTERPRETATION ACT [section 41]. Order in Council 46/2014, approved and ordered February 13, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Cooperative Association Regulation, B.C. Reg. 391/2000, is amended as set out in the attached Appendix.

— M. DE JONG, Minister of Finance ; S. THOMSON, Presiding Member of the Executive Council .

Appendix

1 The Cooperative Association Regulation, B.C. Reg. 391/2000, is amended

(

a) in

section 4 by adding the following subsection:

(0.1) The prescribed form for the purposes of

section 37 (2.1) (a) (ii) of the Act is Form 9 of

Schedule C. ,

(

b) by repealing

section 4 (1) (a),

(

c) by adding the following section:

Termination of member – nonpayment

4.1 The prescribed form of a written notice for the purposes of

section 36 (2) (

e) of the Act is Form 9.1 of

Schedule C. , and

(

d) by repealing

section 5.

2 Rule 39 of

Schedule B is amended by striking out “ to be held the transferee ” and substituting “ to be held by the transferee ”.

3 Form 9 of

Schedule C is repealed and the following substituted:

Form 9

To: [ full name and address of person ]................................................................................................................

NOTICE OF RIGHT TO APPEAL

(Breach of Material Condition or Conduct Detrimental)

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.

In accordance with

section 37 (3) of the Cooperative Association Act , you may appeal the termination of your membership to the Supreme Court of British Columbia within 30 days after the date on which you are served with this notice on any one or more 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;

• the decision of the housing cooperative is not authorized by

section 35 of the Cooperative Association Act .

4 Form 9.1 is added to

Schedule C:

Form 9.1

To: [ full name and address of person ]................................................................................................................

NOTICE OF RIGHT TO APPEAL

(Non-Payment)

Cooperative Association Act (Section 36 (2) (e) )

On the .......... day of .............................., 20......, [ date of directors’ meeting at which the resolution terminating the person’s membership was passed ], the directors of ................................................ [ name of housing cooperative ] passed, by the required majority, a resolution to terminate your membership in the housing cooperative for non-payment of rent, occupancy charges or other money due by you to the housing cooperative in respect of residential premises.

In accordance with

section 37 (3) of the Cooperative Association Act , you may appeal the termination of your membership to the Supreme Court of British Columbia within 30 days after the date on which you are served with this notice on any one or more 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;

• the decision of the housing cooperative is not authorized by

section 35 of the Cooperative Association Act .

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