Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Cooperatives Act

Current Act: should read Proposed Act:
Definitions

1 In this Act,

  Definitions

1 In this Act,

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship.

Associates

2(5) For the purposes of this Act, a person is an associate of

(a) a body corporate of which the person beneficially owns or controls, directly or indirectly, shares or securities currently convertible into shares carrying more than 10% of the voting rights under all circumstances or because of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase such shares or such convertible securities;

(b) a cooperative entity of which the person beneficially owns more than 10% of the voting rights that can be case at a meeting of the cooperative entity;

(c) a partnership, other than a limited partnership, of which the person is a partner;

(d) a limited partnership of which the person is the operating partner of or which the person beneficially owns more than 10% of the partnership interests;

(e) an unincorporated entity, other than a partnership, of which the person beneficially owns more than 10% of the ownership interests or of which the person is the chief operating officer or chief administrative officer;

(f) a partner of a partnership of which the person is also a partner;

(g)a trust or an estate or succession in which the person has a substantial beneficial interest or serves as a trustee, administrator, executor or liquidator of the trust or of the estate or succession or in a similar capacity;

(h)a spouse of the person if the spouse and the person are not living separate and apart because of marital breakdown;

(i) a child, grandchild, parent or grandparent, brother or sister of the person;

(j) a child, grandchild, parent or grandparent of the spouse of the person if the person and the spouse are not living separate and apart because of marital breakdown; and

(k) a relative of the person or the spouse of the person if the relative and the person have the same residence.

  Associates

2(5) For the purposes of this Act, a person is an associate of

(a) a body corporate of which the person beneficially owns or controls, directly or indirectly, shares or securities currently convertible into shares carrying more than 10% of the voting rights under all circumstances or because of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase such shares or such convertible securities;

(b) a cooperative entity of which the person beneficially owns more than 10% of the voting rights that can be case at a meeting of the cooperative entity;

(c) a partnership, other than a limited partnership, of which the person is a partner;

(d) a limited partnership of which the person is the operating partner of or which the person beneficially owns more than 10% of the partnership interests;

(e) an unincorporated entity, other than a partnership, of which the person beneficially owns more than 10% of the ownership interests or of which the person is the chief operating officer or chief administrative officer;

(f) a partner of a partnership of which the person is also a partner;

(g) a trust or an estate or succession in which the person has a substantial beneficial interest or serves as a trustee, administrator, executor or liquidator of the trust or of the estate or succession or in a similar capacity;

(h) a spouse or common-law partner of the person if the spouse or common-law partner and the person are not living separate and apart because of marital a breakdown in their relationship;

(i) a child, grandchild, parent or grandparent, brother or sister of the person;

(j) a child, grandchild, parent or grandparent of the spouse or common-law partner of the person if the person and the spouse or common-law partner are not living separate and apart because of marital a breakdown in their relationship; and

(k) a relative of the person or the spouse or common-law partner of the person if the relative and the person have the same residence.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Cooperatives Act
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