The changes to the Societies Act are as follows (references are to the Miscellaneous Statutes Amendment Act (No. 2)):
18 Section 11 (4) of the Societies Act, S.B.C. 2015, c. 18, is repealed and the following substituted:
(4) If the bylaws of a society provide for a higher voting threshold than the threshold set out in the definition of “special resolution” in section 1 [definitions] to effect any action that, under this Act, requires authorization by special resolution, the provisions of the bylaws prevail if they
(a) set out the higher voting threshold as a fraction or percentage of the votes cast or as a specific number of votes,
(b) establish the higher voting threshold by requiring a unanimous decision of all the voting members, or
(c) set out a formula for calculating the higher voting threshold.
(5) For certainty, an action referred to in subsection (4) includes altering all or part of one or more provisions of a society’s constitution or bylaws.
(6) Despite subsection (4), a society must not have a bylaw that provides for a higher voting threshold to remove a director from office under section 50 (1) (a) [removal of directors].
19 Section 20 (1) (i) and (2) (a) (ii) is amended by striking out “passed at the meeting;” and substituting “voted on at the meeting;“.
20 Section 107 is amended
(a) by repealing subsection (2) and substituting the following:
(1.1) If, on the application of a person referred to in subsection (1), it appears to the registrar that a society has, contrary to section 24, 25, 27 or 28, failed to provide the applicant with access to, or a copy of, a record, the registrar may furnish a written notice to the society that the registrar will issue an order under subsection (2) of this section unless the society provides to the registrar within 15 days after the date on which the notice is furnished whichever of the following the society chooses to provide:
(a) a copy of the record;
(b) a signed statement of a director or senior manager of the society that sets out the reason why access to, or a copy of, the record is not being provided to the applicant.
(1.2) The registrar must
(a) set out in a notice under subsection (1.1) an explanation of the basis on which the applicant claims to be entitled to obtain access to, or a copy of, the record, and
(b) furnish a copy of the notice to the applicant.
(2) If a society referred to in a notice under subsection (1.1) does not provide to the registrar, in accordance with the notice, a copy of the record or a signed statement of a director or senior manager, the registrar must order the society to provide to the registrar whichever of the following the society chooses to provide:
(a) a copy of the record referred to in subsection (1.1) (a);
(b) a signed statement referred to in subsection (1.1) (b). ,
(b) in subsection (4) by striking out “15 days” and substituting “10 days“,
(c) in subsection (5) by striking out “under subsection (2) (a)” and substituting “under subsection (1.1) (a) or (2) (a)“, and
(d) in subsection (6) by striking out “under subsection (2) (b)” and substituting “under subsection (1.1) (b) or (2) (b)“.
…
22 Section 161 is amended by adding the following subsection:
(2.1) Subsection (2) does not apply to the restoration of a society if
(a) the society was dissolved under section 214 [involuntary dissolution by registrar] for one or more of the reasons set out in section 214 (1) (a) to (d), and for no other reason under that section, and
(b) the application for restoration is filed no later than one year after the date of dissolution.
23 The following section is added:
References to special resolutions
232.1 A reference in this Act to a special resolution includes a special resolution, as defined in section 1 of the former Act, passed or consented to, as the case may be, before November 28, 2016.
24 The following section is added to Division 4 of Part 16:
Timing of special resolution authorizing alteration to
previously unalterable provision or reporting society provision in bylaws
241.1 A pre-existing society must not submit to the registrar for filing a bylaw alteration application under section 17 [alterations to bylaws] in relation to a provision that, under section 240 (2) (b) (iii), is identified in the bylaws of the society as having previously been unalterable or that is a reporting society provision referred to in section 240 (2) (b) (iv), unless the special resolution referred to in section 17 (2) authorizing the alteration is passed or consented to, as the case may be, after the society has filed the society’s transition application under section 240.
Photograph by A. Davie under a Creative Commons license. No changes were made to this image.
