Cooperative Associations

Definitions

Associations are included within the definition of “corporation” under s. 29 of the Interpretation Act and s. 1 of the Business Corporations Act. In addition, “association” is defined in s. 1 of the Cooperative Association Act:

• “association” means an association incorporated or continued under this Act or a former Act, and includes a housing cooperative and a community service cooperative.

Corporate Powers

Section 19 of the Cooperative Association Act provides that an association has the capacity and the rights, powers and privileges of an individual of full capacity, including the powers to buy, sell and otherwise deal with property. The exercise of these powers is subject to any restrictions set out in the association’s memorandum.

Extraprovincial Association not Registered in British Columbia

An extraprovincial association, other than a federal corporation, that is required to be registered in British Columbia, but is not registered, cannot acquire or hold land or an interest in land or register any title to land or an interest in land under the Land Title Act. Section 181.8 of the Cooperative Association Act provides:

• Unregistered extraprovincial association
• 181.8 (1) An extraprovincial association that is not registered as required by this Act is not capable of

• (a) maintaining an action, suit or other proceeding in any court in British Columbia in respect of any contract made in whole or in part in British Columbia in the course of or in connection with its business, or
• (b) acquiring or holding land or an interest in it in British Columbia or registering any title to it under the Land Title Act.

• (2) If

• (a) the registration of an extraprovincial association is cancelled, or
• (b) an extraprovincial association has been struck off the register in accordance with any former Act,

• and the association is subsequently restored to the register, subsection (1) and any prohibition having a similar effect formerly in force must be read and construed as if no disability under subsection (1) or under that prohibition had ever attached to the association, even if any contract was made or proceeding in respect of it was instituted, or any land or interest in it was acquired or held by the association, before the date on which the association was restored, subject to the terms of any order made by the court.
• (3) Subsections (1) and (2) do not apply to a federal corporation.