Canada Not-for-profit Corporations Act (S.C. 2009, c. 23)
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Assented to 2009-06-23
PART 20TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE
2008, c. 28, s. 121Canada Employment Insurance Financing Board Act
314. Subsection 3(5) of the Canada Employment Insurance Financing Board Act is replaced by the following:
Marginal note:Acts not applicable to Board
(5) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Board.
2001, c. 23Canada Foundation for Sustainable Development Technology Act
315. Subsection 8(3) of the Canada Foundation for Sustainable Development Technology Act is replaced by the following:
Marginal note:Acts not applicable to Foundation
(3) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Foundation.
316. Subsection 35(1) of the Act is replaced by the following:
Marginal note:Designation by Governor in Council
35. (1) The Governor in Council may, by order, designate, for the purposes of this Act, any corporation incorporated under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, or the Canada Not-for-profit Corporations Act.
1997, c. 40Canada Pension Plan Investment Board Act
317. (1) Subsection 3(4) of the Canada Pension Plan Investment Board Act is replaced by the following:
Marginal note:Acts not applicable to Board
(4) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Board.
(2) Subsection 3(4) of the Act, as enacted by subsection (1), is replaced by the following:
Marginal note:Act not applicable to Board
(4) The Canada Not-for-profit Corporations Act does not apply to the Board.
1997, c. 6Canadian Food Inspection Agency Act
318. Section 21 of the Canadian Food Inspection Agency Act is replaced by the following:
Marginal note:Object of agreements
21. The agreement referred to in section 20 may authorize the Minister, jointly with one or more provincial governments, to have a corporation incorporated under the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act or an equivalent provincial statute, or to acquire shares or participate in any corporation, in order to implement the agreement.
2000, c. 6Canadian Institutes of Health Research Act
319. Paragraph 26(c) of the Canadian Institutes of Health Research Act is replaced by the following:
(c) with the approval of the Governor in Council, enter into a partnership, or incorporate by itself or with others a corporation, including a subsidiary of the CIHR, under the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act or provincial legislation, or acquire or dispose of shares in any corporation;
R.S., c. C-21; 2001, c. 9, s. 218Canadian Payments Act
Marginal note:2001, c. 9, s. 242
320. Subsection 34(2) of the Canadian Payments Act is replaced by the following:
Marginal note:Exemption from certain Acts
(2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Association.
1980-81-82-83, c. 108Cooperative Energy Act
321. Section 10 of the Cooperative Energy Act is repealed.
1984, c. 18Cree-Naskapi (of Quebec) Act
322. Subsection 23(2) of the Cree-Naskapi (of Quebec) Act is replaced by the following:
Marginal note:Acts not applicable to a band
(2) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to a band.
1985, c. 55Evangelical Lutheran Church in Canada Act
323. Section 13 of the Evangelical Lutheran Church in Canada Act is replaced by the following:
Marginal note:Canada Not-for-profit Corporations Act
13. Despite section 294 of the Canada Not-for-profit Corporations Act, subsections 160(1) and 168(1) of that Act do not apply to the Church.
1995, c. 50Evangelical Missionary Church (Canada West District) Act
324. Section 7 of the Evangelical Missionary Church (Canada West District) Act is amended by adding the word “and” at the end of paragraph (e) and by repealing paragraph (f).
325. Subsection 8(3) of the Act is replaced by the following:
Marginal note:Ultra vires not applicable
(3) No act of the Church, including a transfer of property to or by the Church, is invalid by reason only that the act or transfer is contrary to its objects or to a provision of this Act or to a provision of the Canada Not-for-profit Corporations Act.
326. Sections 10 and 11 of the Act are replaced by the following:
Marginal note:Governing statute
10. (1) The Canada Not-for-profit Corporations Act applies to the Church in all matters not provided for in this Act as if the Church had been continued in accordance with section 212 of that Act.
Marginal note:Change of name, head office or objects
(2) Despite subsection 4(1) and sections 5 and 6, the name of the Church or the place of its head office may be changed under the Canada Not-for-profit Corporations Act and the objects of the Church may be changed in accordance with the requirements of that Act respecting a change in the statement of the purpose of a corporation.
Marginal note:Application of governing statute
11. Despite subsection 10(1), sections 10, 13, 14, 16, 17, 21, 23 and 53, subsections 154(3) and 160(1), sections 161, 162 and 167, subsection 168(1), sections 220, 221 and 223, subsection 239(5) and Part 15 of the Canada Not-for-profit Corporations Act do not apply in respect of the Church.
R.S., c. F-11Financial Administration Act
Marginal note:2005, c. 30, s. 132
327. Section 7.4 of the Financial Administration Act is replaced by the following:
Marginal note:Regulations
7.4 The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act, the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.
2005, c. 9First Nations Fiscal and Statistical Management Act
328. Subsection 66(1) of the First Nations Fiscal and Statistical Management Act is replaced by the following:
Marginal note:Acts not applicable to Authority
66. (1) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Authority.
1992, c. 56Green Shield Canada Act
329. Subsection 15(1) of the Green Shield Canada Act is replaced by the following:
Marginal note:Acts not applicable to Association
15. (1) The Canada Not-for-profit Corporations Act and Parts IV to VI of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, do not apply to the Association.
1992, c. 53Gwich’in Land Claim Settlement Act
Marginal note:1994, c. 27, s. 12
330. Section 8.1 of the Gwich’in Land Claim Settlement Act is repealed.
1991, c. 47Insurance Companies Act
Marginal note:2007, c. 6, s. 191
331. Subsection 39(2) of the Insurance Companies Act is replaced by the following:
Marginal note:Continuance under the Canada Not-for-profit Corporations Act
(2) A society may also, with the approval in writing of the Minister, apply under the Canada Not-for-profit Corporations Act, for a certificate of continuance under that Act.
2006, c. 4, s. 208Mackenzie Gas Project Impacts Act
332. Section 8 of the Mackenzie Gas Project Impacts Act is replaced by the following:
Marginal note:Acts not applicable to Corporation
8. The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Corporation.
1998, c. 24Mi’kmaq Education Act
333. Subsection 10(3) of the Mi’kmaq Education Act is replaced by the following:
Marginal note:Application of Canada Not-for-profit Corporations Act
(3) For greater certainty, Part 19 of the Canada Not-for-profit Corporations Act applies to the corporation and, in the application of section 160 of that Act to the corporation, a reference to members shall be read as a reference to directors.
2003, c. 2Physical Activity and Sport Act
334. Subsection 31(3) of the Physical Activity and Sport Act is replaced by the following:
Marginal note:Acts not applicable to Centre
(3) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Centre.
R.S., c. P-14Pilotage Act
Marginal note:2001, c. 26, s. 317
335. Subsection 55(1) of the Pilotage Act is replaced by the following:
Marginal note:Part 19 of the Canada Not-for-profit Corporations Act
55. (1) The CPHQ is deemed to be a corporation to which Part 19 of the Canada Not-for-profit Corporations Act applies.
1999, c. 34Public Sector Pension Investment Board Act
336. Subsection 3(5) of the Public Sector Pension Investment Board Act is replaced by the following:
Marginal note:Acts not applicable to Board
(5) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Board.
1994, c. 27Sahtu Dene and Metis Land Claim Settlement Act
337. Section 9 of the Sahtu Dene and Metis Land Claim Settlement Act is repealed.
1992, c. 59United Grain Growers Act
338. Section 25 of the United Grain Growers Act is replaced by the following:
Marginal note:Acts not applicable to the company
25. No provision of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, the Canada Not-for-profit Corporations Act or the Winding-up and Restructuring Act applies to the company.
1994, c. 34Yukon First Nations Land Claims Settlement Act
339. Section 10 of the Yukon First Nations Land Claims Settlement Act is repealed.
Other Acts
Marginal note:Deeming provision
340. Any reference to Part III of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, in any Act of Parliament is deemed to be a reference to Part 19 of the Canada Not-for-profit Corporations Act.
Coordinating Amendments
341. On the day on which paragraph 313(a) comes into force, subsection 3(2) is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraph (b).
342. On the day on which paragraph 313(a) comes into force, subsection 8(1) of the Budget Implementation Act, 1997 is replaced by the following:
Marginal note:Canada Not-for-profit Corporations Act
8. (1) The Canada Not-for-profit Corporations Act does not apply to the foundation.
343. On the day on which paragraph 313(a) comes into force, subsection 7(1) of the Budget Implementation Act, 1998 is replaced by the following:
Marginal note:Canada Not-for-profit Corporations Act
7. (1) The Canada Not-for-profit Corporations Act does not apply to the Foundation.
344. On the day on which paragraph 313(a) comes into force, paragraph 3(3)(a) of the Canada Business Corporations Act is repealed.
345. On the day on which paragraph 313(a) comes into force, the portion of subsection 268(6) of the Canada Business Corporations Act before paragraph (a) is replaced by the following:
Marginal note:Discretionary continuance
(6) The Governor in Council may, by order, require that a body corporate incorporated by or under an Act of Parliament to which the Canada Not-for-profit Corporations Act does not apply, apply for a certificate of continuance under section 187 within any period that may be prescribed except for the following:
346. On the day on which paragraph 313(a) comes into force, subsection 268(10) of the Canada Business Corporations Act is replaced by the following:
Marginal note:Continuance prohibited
(10) A body corporate to which the Canada Not-for-profit Corporations Act applies or any similar body corporate incorporated otherwise than by or under an Act of Parliament may not apply for a certificate of continuance under section 187.
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