Acts and Regulations

B-9.1 - Business Corporations Act

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Requirements to be a director
63(1)The following persons are disqualified from being a director of a corporation:
(a) anyone who is less than nineteen years of age;
(b) anyone who has been found incapable of managing their affairs by a court or tribunal in Canada or elsewhere;
(c) a person who is not an individual, unless the person is a body corporate that meets the requirements of subsection (1.1);
(d) a person who has the status of bankrupt; or
(e) a person convicted of an offence under the Criminal Code (Canada) or the criminal law of any jurisdiction outside of Canada
(i) in connection with the promotion, formation or management of a corporation, or
(ii) involving fraud,
unless three years have elapsed since the expiration of the period fixed for suspension of the passing of sentence without sentencing or since a fine was imposed, or unless the term of imprisonment and probation imposed if any, was concluded, whichever is the latest, but the disability imposed by this paragraph ceases upon a pardon being granted.
63(2)Unless the articles otherwise provide, a director of a corporation is not required to hold shares issued by the corporation.
63(3)A person who is elected or appointed a director is not a director unless
(a) he was present at the meeting when he was elected or appointed and did not refuse to act as a director, or
(b) if he was not present at the meeting when he was elected or appointed,
(i) he consented to act as a director in writing before his election or appointment or within ten days thereafter, or
(ii) he has acted as a director pursuant to the election or appointment.
1983, c.15, s.11; 2023, c.2, s.46; 2023, c.2, s.155
Requirements to be a director
63(1)The following persons are disqualified from being a director of a corporation:
(a) anyone who is less than nineteen years of age;
(b) anyone who is of unsound mind and has been so found by a court in Canada or elsewhere;
(c) a person who is not an individual;
(d) a person who has the status of bankrupt; or
(e) a person convicted of an offence under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, or the criminal law of any jurisdiction outside of Canada
(i) in connection with the promotion, formation or management of a corporation, or
(ii) involving fraud,
unless three years have elapsed since the expiration of the period fixed for suspension of the passing of sentence without sentencing or since a fine was imposed, or unless the term of imprisonment and probation imposed if any, was concluded, whichever is the latest, but the disability imposed by this paragraph ceases upon a pardon being granted.
63(2)Unless the articles otherwise provide, a director of a corporation is not required to hold shares issued by the corporation.
63(3)A person who is elected or appointed a director is not a director unless
(a) he was present at the meeting when he was elected or appointed and did not refuse to act as a director, or
(b) if he was not present at the meeting when he was elected or appointed,
(i) he consented to act as a director in writing before his election or appointment or within ten days thereafter, or
(ii) he has acted as a director pursuant to the election or appointment.
1983, c.15, s.11
Requirements to be a director
63(1)The following persons are disqualified from being a director of a corporation:
(a) anyone who is less than nineteen years of age;
(b) anyone who is of unsound mind and has been so found by a court in Canada or elsewhere;
(c) a person who is not an individual;
(d) a person who has the status of bankrupt; or
(e) a person convicted of an offence under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, or the criminal law of any jurisdiction outside of Canada
(i) in connection with the promotion, formation or management of a corporation, or
(ii) involving fraud,
unless three years have elapsed since the expiration of the period fixed for suspension of the passing of sentence without sentencing or since a fine was imposed, or unless the term of imprisonment and probation imposed if any, was concluded, whichever is the latest, but the disability imposed by this paragraph ceases upon a pardon being granted.
63(2)Unless the articles otherwise provide, a director of a corporation is not required to hold shares issued by the corporation.
63(3)A person who is elected or appointed a director is not a director unless
(a) he was present at the meeting when he was elected or appointed and did not refuse to act as a director, or
(b) if he was not present at the meeting when he was elected or appointed,
(i) he consented to act as a director in writing before his election or appointment or within ten days thereafter, or
(ii) he has acted as a director pursuant to the election or appointment.
1983, c.15, s.11