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C-32.2
- Credit Unions Act
Detailled Table of Contents
Repealed on 1 January 2020
Credit Unions Act
I
INTERPRETATION AND APPLICATION
1
Definitions
2
Purpose of a credit union generally
3
Purpose of a credit union generally
4
Inconsistent provisions
5
Prohibition
II
INCORPORATION OF CREDIT UNIONS
6
Application for incorporation
7
Articles of incorporation
8
By-laws
9
Approval or denial of application
10
Certificate of incorporation
11
Effect of certificate of incorporation
12
Names
13
Reservation of name
14
Prohibited names
15
Pre-incorporation contracts
III
CAPACITY AND POWERS
16
Capacity and powers of a credit union
17
Carrying on business outside New Brunswick
18
Powers of a credit union
19
Insurance for security purposes
20
Prohibition
21
Restrictions
22
No constructive notice
23
Reliance by persons dealing with credit union
IV
REGISTERED OFFICE AND RECORDS
24
Registered office
25
Approval of Superintendent and Atlantic Central
26
Records
27
Examination of records
28
Form of records
29
Corporate seal
V
CAPITALIZATION ANDOPERATING STANDARDS
30
Membership shares
31
Transitional provision in relation to shares
32
Shares other than membership shares
33
Share certificates not required
34
Consideration
35
Redemption or repayment
36
Patronage refunds
37
Dividends on shares
38
Use of patronage refund or dividend for purchase of surplus shares
39
Restriction on payment
40
Exception to section 39
40.1
Restriction on accumulation of dividends
41
Limit of liability of member
42
Remedy preserved
43
Unclaimed balances
44
Member’s right to withdraw deposits
45
Trust funds
46
Partial payment on death
47
Nomination of beneficiary
48
Loans
49
Report of deposits in excess of prescribed amount
50
Lien on deposits and shares
51
Overdrafts
52
Liquid assets
53
Investments
54
Allowance for doubtful accounts
55
Equity
56
Borrowing
57
Matching
58
Insurance required
59
Valuation of assets
VI
MEMBERSHIP
60
Membership
61
Bond of association
62
Termination of membership
63
Withdrawal from membership
64
Remedy preserved
65
By-laws
66
Members bound by articles and by-laws
67
Place of meetings
68
Calling meetings
69
Record date
70
Notice of meetings
71
Waiver of notice
72
Proposal by member
73
Quorum
74
Voting
75
Representation of bodies corporate or associations
76
Voting by proxy
77
Joint membership
78
Executors and administrators
79
Mail ballot
80
Method of voting
80.1
Participation in meetings by telephone
81
Requisition by members to call meeting
82
Meeting called by Superintendent
VII
DIRECTORS AND OFFICERS
83
Directors
84
Qualifications of directors
84.1
Director training program
85
Terms of office of directors
86
Ceasing to hold office
87
Removal of directors
88
Director entitled to notice
89
Vacancy
90
Notice of change of directors
91
Meetings of directors
92
Participation by telephone
93
Committees and delegation of powers
94
Audit committee
95
Validity of acts of directors and officers
96
Resolution in lieu of meeting
97
Liability of directors
98
Duty of directors to report
99
Material contracts
100
Disclosure by directors and officers
101
Designation of officers
102
Remuneration and expenses of directors
103
Duty of care of directors and officers
104
Dissent
105
Indemnification
VIII
RETURNS AND FINANCIAL DISCLOSURE
106
Fiscal year
107
Annual returns
108
Annual financial statements
109
Condition precedent to issue of financial statements
110
Request for documents
111
Submission of information to stabilization board
112
Disclosure by directors and officers
113
Appointment and qualifications of auditors
114
Removal of auditor
115
Ceasing to hold office
116
Vacancy
117
Auditor appointed by Superintendent
118
Right and duty to attend meetings
119
Statement of auditor
120
Examinations by auditor
121
Right to demand information
122
Auditor’s report
123
Errors in financial statements
124
Duty of auditor
125
Additional requirements in relation to auditor
126
Access to working papers
127
Qualified privilege
IX
FUNDAMENTAL CHANGES
128
Amendment of articles
129
Articles sent to Superintendent
130
Certificate of amendment
131
Effect of certificate of amendment
132
Restated articles
133
Amalgamation
134
Amalgamation agreement
135
Approval of amalgamation agreement
136
Articles of amalgamation
137
Compulsory amalgamation
138
Certificate and effect of amalgamation
138.1
Declarations and payments
139
Extraordinary sale, lease or exchange
140
The credit union...
141
Reorganization
X
DISSOLUTION, LIQUIDATIONAND REVIVAL
142
Voluntary dissolution
143
Voluntary liquidation and dissolution
144
Articles of dissolution and certificate
145
Dissolution by Superintendent
146
Application to Court to liquidate or dissolve
147
Custody of records
148
Effect of dissolution
149
Unclaimed property
150
Revival of credit union
151
Certificate of revival and effect
152
Return of property on revival
153
Effect of Bankruptcy Act
X.1
FEDERAL CONTINUANCE
153.1
Definition of “federal continuance”
153.2
Statement of intent to apply for federal continuance
153.3
Authorization of an application for federal continuance
153.4
Certificate of discontinuance
XI
FEDERATIONS
Repealed: 2016, c.10, s.41
154
Repealed
155
Repealed
156
Repealed
157
Repealed
158
Repealed
159
Repealed
160
Repealed
161
Repealed
162
Repealed
163
Repealed
164
Repealed
165
Repealed
166
Repealed
167
Repealed
168
Repealed
169
Repealed
170
Repealed
171
Repealed
172
Repealed
173
Repealed
174
Repealed
175
Repealed
176
Repealed
177
Repealed
178
Repealed
179
Repealed
180
Repealed
181
Repealed
182
Repealed
183
Repealed
184
Repealed
185
Repealed
186
Repealed
187
Repealed
188
Repealed
189
Repealed
190
Repealed
191
Repealed
192
Repealed
A
General
154.1
Repealed
154.2
Repealed
154.3
Repealed
154.4
Repealed
B
The Fédération des Caisses Populaires Acadiennes Limitée
C
Atlantic Central
192.1
Repealed
192.2
Repealed
XI.1
ATLANTIC CENTRAL
192.21
Carrying on business as a federation
192.22
Membership in Atlantic Central is compulsory
192.23
Limit of liability of member credit unions
192.24
Member credit unions bound by articles and by-laws
192.25
Purposes
192.26
Powers
192.27
Limitation on powers
192.28
Information to be provided to stabilization board
192.29
Levies
192.291
Shares
192.292
Information to be provided
XII
STABILIZATION BOARD
193
Application
194
Continuance
194.1
Operation
195
Membership
196
Purposes
197
Capacity
198
Powers
199
Additional powers in relation to the Corporation
200
Restrictions on investments
201
Stabilization fund
202
Annual levies
202.1
Excluded amounts
202.2
Repealed
202.3
Order fixing minimum amount to be maintained in stabilization fund
202.4
Minimum amount of stabilization fund
202.5
Revocation of plans and orders
203
Directors
204
Qualifications of directors
205
Officers
206
Quorum
207
Repealed
207.1
Remuneration and expenses of directors
208
By-laws
209
Fiscal year
210
Records
211
Audit and annual report
212
Report to Superintendent by auditor
213
Application of other provisions in relation to the auditor
XIII
NEW BRUNSWICK CREDIT UNIONDEPOSIT INSURANCE CORPORATION
214
Application
215
Establishment of the Corporation
215.1
Agent of Crown
216
Purposes of the Corporation
217
Powers of the Corporation
217.1
Information to be provided to the Corporation
217.2
Assessment and analysis by independent expert
218
By-laws
219
Repealed
220
Deposit insurance
221
Interest of Superintendent
222
Prohibition on advertising
223
Deposit insurance fund
224
Levies to be determined by the Corporation
225
Levies to be collected by the stabilization board
226
Repealed
227
Repealed
227.1
Deposit insurance fund to be maintained as single account
228
Government loans and guarantees
229
Directors
229.1
Qualifications of directors
230
Officers
231
Quorum
232
Voting
233
Remuneration and expenses of directors
234
Fiscal year
235
Annual report to the Commission
XIV
REMEDIES, OFFENCES AND PENALTIES
236
Definitions of “action” and “complainant”
237
Derivative action
238
Powers of Court
239
Application to Court by complainant
240
Application made or action brought or intervened in
241
Application to Tribunal to rectify records
242
Repealed
242.1
Repealed
243
Powers of Tribunal
244
Application for compliance or restraining order
245
Application for directions
246
Appeal to Court
247
Questions of law or fact
247.1
No stay of decision or order
248
Repealed
249
Offences generally
249.1
Misleading or untrue statements
249.11
False or misleading advertisement
249.2
Interim preservation of property
249.21
Orders in the public interest
249.3
Administrative penalty
249.4
Directors and officers
249.5
Resolution of administrative proceedings
249.6
Limitation period
250
Prosecutions generally
251
Suit at instance of Superintendent or stabilization board
XV
COMPLIANCE AND SUPERVISION
252
Inspections, examinations and inquiries by stabilization board
252.1
Inspections and examinations of credit unions under supervision of stabilization board
253
Purposes of inspections and examinations
254
Powers in relation to inspections, examinations and inquiries
254.1
Report in relation to inspection or examination under section 252.1
255
Report in relation to inspection or examination
256
Response
257
Role of Superintendent in relation to inspections, examinations and inquiries
258
Powers in relation to inspections
259
Report by Superintendent
260
Report may be presented to members
261
Response
262
Costs
263
Report by Superintendent
264
Response
265
Compliance orders in relation to credit unions
266
Compliance orders in relation to the stabilization board
266.1
Interim orders by stabilization board in relation to credit unions
266.2
Interim orders by Superintendent in relation to credit unions
266.3
Interim orders by Superintendent in relation to the stabilization board
266.4
Repealed
267
Supervision of a credit union
268
Failure of stabilization board to act
269
Supervision of the stabilization board
269.1
Supervision of stabilization board provided with financial assistance
270
Definition of “supervisor”
271
Term of supervision
271.1
Term of supervision under section 269.1
272
Report of supervisor
273
Powers of supervisor
274
Duty of supervisor on liquidation
275
Application for directions
276
Accounting to Superintendent
277
Discharge
XV.1
INVESTIGATIONS
277.1
Provision of information to the Superintendent
277.2
Investigation order
277.3
Powers of investigator
277.4
Power to compel evidence
277.5
Investigators authorized as peace officers
277.6
Seized property
277.7
Report of investigation
277.8
Prohibition against disclosure
277.9
Non-compellability
XVI
GENERAL
278
Notice
279
Notice to and service on a credit union
280
Waiver of notice
281
Certificate of Superintendent
282
Certificate of credit union
283
Copies
284
Verification and authentication
285
Filing of articles and statements
286
Alteration
287
Corrections
288
Examination of records
289
Form of records of Superintendent
289.1
Forms
290
The Commission is...
290.1
Review of Act
291
Assessments
291.1
Conflict with the Right to Information and Protection of Privacy Act
292
Regulations
XVII
TRANSITIONAL,CONSEQUENTIAL AMENDMENTS,REPEAL AND COMMENCEMENT
293
Continuance of credit unions
294
Repealed
295
Repealed
296
Repealed
297
Repealed
298
Repealed
299
Effect of continuance
300
Repealed
301
Repealed
302
Repealed
303
Repealed
304
Repealed
305
Repealed
306
Repealed
307
Repealed
308
Repealed
309
Repealed
310
Repealed
311
Repealed
312
Repealed
313
Repealed
314
Repealed
315
Repealed
SCHEDULE A