Hearing Process - Re: Notice to Appear (CCA)

Co-operative Corporations Act, R.S.O. 1990, c. C.35

21 Subject to this Act and the articles, the directors may pass by-laws that regulate the business and affairs of the co-operative.

60 (1) Subject to the provisions of this Act and the articles of the co-operative, membership therein is governed by the by-laws of the co-operative.

75 (1) Subject to subsection (2) and in the absence of other provisions in that behalf in the articles or by-laws of the co-operative,

(a) notice of the time and place for holding a meeting of the members shall be given to each person who is entitled to notice of meetings and who on the record date for notice appears on the records of the co-operative as a member by sending the notice to the person’s latest address as shown on the records of the co-operative ten days or more before the date of the meeting but in no case more than fifty days before the date of the meeting;

(b) all questions proposed for the consideration of the members at a meeting of members are to be determined by the majority of the votes cast, and the chair presiding at the meeting, other than a chair chosen under clause (d.1), has a second or casting vote in case of an equality of votes;

(c) the chair presiding at a meeting of members may, with the consent of the meeting and subject to such conditions as the meeting decides, adjourn the meeting from time to time and from place to place;

(d) the president or, in his or her absence, a vice-president who is a director shall preside as chair at a meeting of members, but, if there is no president or such a vice-president or if at a meeting neither of them is present within fifteen minutes after the time appointed for the holding of the meeting, the members present shall choose a person from their number to be the chair;

(d.1) the president, if present at the meeting of members, may choose a non-member instead of himself or herself to be the chair presiding at the meeting;

(e) unless a poll is demanded, an entry in the minutes of a meeting of members to the effect that the chair declared a motion to be carried is admissible in evidence as proof, in the absence of evidence to the contrary, of the fact without proof of the number or proportion of votes recorded in favour of or against the motion.

(2) The articles or by-laws of the co-operative shall not provide for fewer than ten days notice for meetings of members and in no case shall notice be given fifty days before the date of the meeting and the articles or by-laws shall not provide that notice may be given otherwise than individually.