Societies Act lawyers often rely only on the statutory language. It is useful to regularly consult recent court cases to determine if BC judges have considered the modernized act and either incorporated prior leading case law or common-law principles into the jurisprudence. A list of three cases from 2017, all notable, are below.
Category: The Act
All information related to the new BC Societies Act, its provisions, and their interpretation.
The benefits of society incorporation
Why incorporate as a society? What are the reasons for doing so, and why not stay an unincorporated association?
Do the new Societies Act indemnities mean Directors and Officers don’t need insurance?
I was asked recently whether the indemnity provisions in the Societies Act mean that societies in BC don’t need an insurance policy. This post clarifies insurance and discusses the advantages of a policy and the disadvantages of relying on the indemnity provisions.
The Basics of Special Resolutions
AGM Season is upon us, and I thought it wise to remind BC societies of the basics of the “Special Resolution”, the super-majority necessary at a meeting of the members to pass fundamental changes to the constitution or bylaws of a society, and to make other major changes as well.
Five drafting tips to avoid pile-ons at a members’ meeting
Let’s not pretend. No one joins a society because they enjoy fighting with other members. Litigation is expensive, time-consuming, and generally unpleasant for all involved. Often these disputes start because of “meeting stacking”: where a certain group signs-on a bunch of members who change the organization in some fundamental way, which other members disagree with. Here are five bylaw drafting and governance tips to avoid issues with meeting stacking.
What are the rights of “non-voting” members?
The new BC Societies Act allows for the creation of classes of voting and non-voting members, a welcome change many new and transitioning societies are taking advantage of. But what are the rights of non-voting members, and when should non-voting classes be considered?
“Oppression” under the new Societies Act
The oppression remedy seeks to protect members from unfair actions taken by a society, its members, or its directors. Outside a request to wind-up a society, the new Societies Act brings in a wider and more accessible oppression remedy which borrows from corporate law but does not exactly reproduce it.
Disputes: Resolution and Remedies under the new Act
Ne’er do well member? Lackluster director? Subject to an improper action by the societies registry? The new Society Act (BC) (the “New Act”) provides many avenues for dispute resolution, both for internal and external disputes.
Can I protect my occupational title after the Societies Act?
If your society has an occupational title as one of its assets, watch out: a misstep under the new Society Act (BC) (the “New Act”) could remove your title protection.
Am I a director, senior manager, deemed director or just confused?
When the new Societies Act comes into force, many volunteers, members, directors, and staff of BC societies may be asking what their role is and what their obligations are. Here is a handy decision tree to assist you in determining where you fit in.