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SOCIETIES ACT AMENDMENTS

Posted on Thursday, Sep 27, 2018

The Miscellaneous Statutes Amendment Act No. 2), 2018 received royal assent and became law on May 31st 2018. It creates a series of changes to the BC Societies Act which could have an impact on any organization governed by the Act. The changes are described below:

Section 11(4)

The new section sets requirements for setting a higher threshold for a special resolution. The provisions in the bylaws must:

  1. Set out a higher threshold as a fraction or percentage, or a specified number of votes
  2. Establish the higher voting threshold by requiring a unanimous decision of all voting members, or
  3. Set out a formula for calculating the higher voting threshold

It further specifies the established special resolution includes altering all or part of the society’s constitution or bylaws.

Section 20(1)(i) and (2)(a)(ii)

The section has been changed to require a society keep not only the text of resolutions passed at any meeting of the members and directors, but any resolution which has been voted on at the meeting. This increases the scope of what records need to be kept.

Section 107

This change gives the registrar the power to order a society to provide records of signed statements of a director or senior manager of the society that sets out why access to, or a copy of, the record is not being provided to the applicant, if the society does not provide it to the registry.

Response time for Society compliance has also been changed from 15 days to 10 days.

Section 112

A section has been added which removes time restrictions on restoration of societies who were dissolved involuntarily by the registrar and who have not been dissolved for more than one year.

Section 232.1

This section specifies a reference in the act to special resolution includes a special resolution of the former Act, passed, or consented to, before November 28, 2016.

Section 241.1

This new section specified the timing of filing special resolutions to amend previously unalterable provisions. Under the section, a society must file their transition application prior to filing any special resolution authorizing an alteration.

 

These measures are not yet in force, although they could be brought into force at any time.

 

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