Societies Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.S-11
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Definitions 2. Application for incor- poration 3. Determination whether purposes within Act 4. Certificate of incorporation 5. Bylaws 6. Alteration of bylaws 6.1. Corporate seal 7. Arbitration 8. Repealed 9. Property 10. Negotiable instruments 11. Borrowing powers 12. Shares and dividends 13. Liability of members 14. Interest of member 15. Minor 16. Money payable to members 16.1. Meetings by telephone 16.2. Unanimous resolution in writing 17. Annual meeting and financial statement 18. Filing financial statement 19. Address of society 20. Filing extraordinary resolutions 21. Authentication 22. Copy of application and bylaws 23. Change in name, objects and locality of 24. Effect of change of name 25. Societies may amalgamate 26. Dissolution by extraordinary resolution 27. Registrar may dissolve society 28. Application for liquidation and dissolution 28.1. Powers of liquidator 28.2. Unknown claimants 28.3. Continuation of actions after dissolution 28.4. Application for revival by Court 29. Appointment of Registrar and Deputy Registrars 30. Specific offence and punishment 31. General offence and punishment 32. Regulations 33. Repealed 34. Repealed
Regulations
Societies Fees RegulationsSocieties Forms Regulations

Definitions

1.

In this Act,

"Court" means the Supreme Court of the Northwest Territories; (tribunal)

"director" includes a trustee, officer, member of an executive committee and any person occupying a similar position; (administrateur)

"extraordinary resolution" means a resolution in writing referred to in section 16.2 or a resolution passed by a majority of not less than 3/4 of those members of a society who are entitled to vote as are present in person, or where proxies are allowed, by proxy, at a general meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been given in the manner provided by the bylaws; (résolution spéciale)

"Registrar" means the Registrar of Societies or a Deputy Registrar of Societies appointed under subsection 29(1); (registraire)

"society" means a society incorporated under this Act. (société) S.N.W.T. 2000,c.15,s.5(2); S.N.W.T. 2003, c.5,Sch.I, s.1; S.N.W.T. 2004,c.11,s.20(2); S.N.W.T. 2009,c.12, s.16(2).

INCORPORATION

Application for incor- poration

2.

Subject to this Act, five or more persons may have a society incorporated under this Act for any benevolent, philanthropic, charitable, religious, provident, scientific, artistic, literary, social, educational, sporting or other useful purpose other than the carrying on of a trade or business, if they

(a) make and subscribe to an application, in the prescribed form, setting out the intended name of the society and the purpose or purposes for which incorporation is desired;

(b) subscribe to bylaws agreed upon by them for the government of the society containing provisions for all the matters set out in section 5; and

(c) transmit to the Registrar the application and bylaws, together with the prescribed fee.

S.N.W.T. 1998,c.5, s.32(2); S.N.W.T. 2009,c.12, s.16(2).

Determination whether purposes within Act

3.

Subject to subsection 29(2), the Registrar is the sole judge of whether the purposes set out in the application, or any of them, are purposes for which the society can be incorporated under this Act, and the Registrar may direct that the intended name or any of the purposes set out in the application or any of the bylaws accompanying it be modified in accordance with directions given by the Registrar. S.N.W.T. 2003,c.5,Sch.I,s.2; S.N.W.T. 2004, c.11,s.20(3); S.N.W.T. 2009,c.12,s.16(2),(3).

Certificate of incorporation

4.

(1) The Registrar may, in the discretion of the Registrar, issue a certificate stating that the society is incorporated

(a) on receiving the application and bylaws; and

(b) on compliance with any directions given by the Registrar with respect to the application or bylaws.

Incorporation

(2) On and after the date of issue of the certificate of incorporation of a society, the subscribers to the application and any other persons who become members of the society, are a corporation under the name set out in the certificate of incorporation and have all the powers, rights and immunities vested by law in a corporation.

Certificate as evidence

(3) A certificate of incorporation issued by the Registrar in respect of a society constitutes conclusive evidence that

(a) the requirements of this Act in respect of the incorporation of the society have been complied with; and

(b) the society is duly incorporated in accordance with this Act.

Publication of notice of incorporation

(4) Where the Registrar issues a certificate of incorporation under subsection (1), the Registrar shall publish notice of the incorporation in the Northwest Territories Gazette. S.N.W.T. 2003,c.5,Sch.I,s.3; S.N.W.T. 2004,c.11,s.20(4); S.N.W.T. 2009,c.12, s.16(2),(3).

BYLAWS

S.N.W.T. 2009,c.12,s.16(2)

Bylaws

5.

The bylaws of a society shall make provisions for

(a) the terms of admission of members and their rights and obligations;

(b) the conditions of withdrawal of members and the manner, if any, in which a member may be expelled;

(c) the mode and time of calling general and special meetings of the society, the number of members constituting a quorum and the rights of voting at such meetings;

(d) the appointment and removal of directors and other officers and their duties, powers and remuneration;

(e) the exercise of borrowing powers;

(f) the audit of accounts;

(g) Repealed, S.N.W.T. 2003,c.5,Sch.I,s.4;

(h) Repealed, S.N.W.T. 1998,c.5,s.32(3);

(i) the preparation and custody of minutes of proceedings of meetings of the society and of the directors and other books and records of the society;

(j) the time and place, if any, at which the books and records of the society may be inspected by its members; and

(k) the date on which the fiscal year of the society ends, which date must be at least 30 days before the calling of the annual general meeting.

S.N.W.T. 1998, c.5,s.32(3); S.N.W.T. 2003, c.5,Sch.I, s.4; S.N.W.T. 2009,c.12,s.16(2).

Alteration of bylaws

6.

(1) The bylaws of a society may be rescinded, altered or added to at the annual general meeting or by extraordinary resolution of the society and not otherwise.

Effect

(2) No rescission, alteration or addition referred to in subsection (1) has any effect until it has been registered by the Registrar.

Refusal to register alteration

(3) The Registrar shall refuse to register a rescission or alteration of, or addition to the bylaws of a society where the Registrar is of the opinion that the rescission or alteration of, or addition to, the bylaws of the society is inconsistent with the objects of the society or contains anything contrary to law. S.N.W.T. 2009,c.12,s.16(2).

Corporate seal

6.1.

(1) The bylaws of a society may provide for the adoption of a corporate seal and for the custody and use of the seal.

Seal to include name of society

(2) If a society adopts a corporate seal, the seal must contain the name of the society.

Seal need not be affixed

(3) A document executed on behalf of a society by a director, an officer or an agent of the society is not invalid merely because a corporate seal is not affixed to the document.

Authentication of documents

(4) A document requiring authentication by a society may be signed by a director, secretary or other officer authorized by the society and need not be under a corporate seal. S.N.W.T. 2003,c.5,Sch.I,s.5; S.N.W.T. 2009,c.12,s.16(2).

Arbitration

7.

(1) The bylaws of a society may provide that any dispute arising out of the affairs of the society between any members of the society or between a member or any person aggrieved who has for not more than six months ceased to be a member or any person claiming through that member or person aggrieved or claiming under the bylaws and the society or a director or officer of the society shall be decided by arbitration under the Arbitration Act or in any other manner that the bylaws establish.

Decision

(2) A decision made under subsection (1) is binding on all parties and may be enforced on application to the Court in the same manner as a judgment of the Court.

Appeal

(3) There is no appeal from a decision made under subsection (1) unless the bylaws provide otherwise. S.N.W.T. 2003,c.5,Sch.I,s.6; S.N.W.T. 2009,c.12,s.16(2).

8.

Repealed, S.N.W.T. 2009,c.12,s.16(6).

POWERS

Property

9.

(1) A society may

(a) acquire and take real and personal property by purchase, gift, devise or otherwise;

(b) sell, exchange, mortgage, lease, license, improve and develop real or personal property; and

(c) erect and maintain any necessary buildings.

Use of property

(2) The funds and property of a society must be used and dealt with for its objects only and in accordance with its bylaws. S.N.W.T. 2009,c.12, s.16(2).

Negotiable instruments

10.

For the purpose of carrying out its objects, a society may, subject to its bylaws, draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange and other negotiable instruments. S.N.W.T. 2009,c.12,s.16(2).

Borrowing powers

11.

For the purpose of carrying out its objects, a society may borrow, raise or secure the payment of money in the manner that it considers appropriate, including the issue of debentures, but this power may be exercised only under the authority of the bylaws of the society, and in no case shall debentures be issued except pursuant to an extraordinary resolution of the society. S.N.W.T. 2009,c.12,s.16(2); S.N.W.T. 2018, c.18,s.20(2).

Shares and dividends

12.

No society shall

(a) have a capital divided into shares;

(b) declare any dividend; or

(c) distribute its property among its members during the existence of the society.

MEMBERS

Liability of members

13.

A member of a society is not liable in his or her individual capacity for any debt or liability of the society.

Interest of member

14.

The interest of a member in a society is not transferable.

Minor

15.

A member of a society who is under the age of 19 years is liable for the payment of fees and is subject to all other bylaws of the society as if the member had attained the age of 19 years. S.N.W.T. 2009,c.12, s.16(2).

Money payable to members

16.

(1) Where money of a society becomes payable under the bylaws of the society to or for the use or benefit of a member of the society, the money is free from all claims by the creditors of the member.

Money payable on death of member

(2) Where, on the death of a member, any sum of money becomes payable under the bylaws of the society, it shall

(a) be paid by the treasurer or other officer of the society to the person or persons entitled under the bylaws of the society, or

(b) be applied by the society in the manner provided by the bylaws,

and the money is, to the extent of $2,000, free from all claims by the personal representative or creditors of the deceased.

Protection of society and treasurer

(3) Where money is

(a) paid in good faith to a person who appears to the treasurer or other officer of the society to be entitled to receive it under the bylaws, or

(b) applied in good faith for the purposes provided by the bylaws,

no action is maintainable against the society or the treasurer or other officer in respect of the payment or application of the money, but if it subsequently appears that the money has been paid to the wrong person, the person entitled to the money may recover the amount with interest from the person who has wrongfully received it. S.N.W.T. 2009,c.12,s.16(2); S.N.W.T. 2018, c.18,s.20(3).

Meetings by telephone

16.1.

A member or any other person entitled to attend a meeting of members may, unless the bylaws provide otherwise, participate in the meeting by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and a person participating in such a meeting by those means is deemed to be present in person at the meeting for the purposes of this Act. S.N.W.T. 2003, c.5,Sch.I,s.7; S.N.W.T. 2009,c.12,s.16(2).

Unanimous resolution in writing

16.2.

A resolution in writing signed by all members of a society entitled to vote on the resolution at a meeting of members is as valid as if it had been passed at a meeting of the members. S.N.W.T. 2003,c.5,Sch.I,s.7.

DUTIES

Annual meeting and financial statement

17.

Every society shall hold an annual general meeting in the Northwest Territories at which shall be presented an annual financial statement signed by the auditor of the society or by two directors if there is no auditor and containing

(a) the assets and liabilities of the society in the form of a balance sheet;

(b) the receipts and disbursements of the society since the date of incorporation or the date of the previous financial statement; and

(c) any further information that the bylaws may require.

S.N.W.T. 2009,c.12,s.16(2),(4).

Filing financial statement

18.

(1) Every society shall, within 14 days after its annual meeting, file with the Registrar the financial statement referred to in section 17.

Directors

(2) Every society shall file with the financial statement referred to in section 17, a list of its directors with their addresses and occupations and on request of the Registrar, at any time, provide the Registrar with other particulars of its directors.

Further information

(3) The Registrar, on receipt of the financial statement referred to in subsection (1), may request the society to supply further information that the Registrar may require and the society shall supply that further information within a reasonable time as an addendum to the financial statement. S.N.W.T. 2009,c.12, s.16(5).

Address of society

19.

(1) Every society shall have an address in the Northwest Territories to which all communications and notices may be sent and at which all processes may be served.

Change of address

(2) A society shall file with the Registrar notice of every change of address of the society. S.N.W.T. 2009,c.12,s.16(4).

Filing extraordinary resolutions

20.

Every society shall file with the Registrar, in duplicate, every extraordinary resolution passed for any purpose referred to in this Act, and the Registrar shall register one copy and return the other to the society, certified as having been filed. S.N.W.T. 2009, c.12,s.16(5).

Authentication

21.

Every notice, return or resolution required to be filed with the Registrar must be authenticated by a director, secretary or other officer authorized by the society.

Copy of application and bylaws

22.

At the request of a member, a society shall provide the member with a copy of its application and bylaws. S.N.W.T. 2003,c.5,Sch.I,s.8; S.N.W.T. 2009,c.12, s.16(2).

CHANGES IN CONSTITUTION

Change in name, objects and locality of

23.

(1) Subject to this section, a society may, by extraordinary resolution, change

(a) the name of the society;

(b) the objects of the society, to include objects that may advantageously be combined with or added to the existing objects of the society or to abandon, restrict or more accurately express existing objects; and

(c) the locality in which the operations of the society are chiefly carried on.

S.N.W.T. 1998,c.5,s.32(4).

Resolution ineffective unless approved

(2) No extraordinary resolution made under subsection (1) takes effect unless it is approved by the Registrar.

Certificate of changes

(3) The Registrar shall issue a certificate setting out particulars of the change where the Registrar has approved an extraordinary resolution made under subsection (1), and in the case of a change of name under paragraph (1)(a), shall publish notice in the Northwest Territories Gazette.

Publication of notice

(4) The Registrar may, if the Registrar considers it advisable, publish a notice of any alteration under this section, at the cost of the society, in a newspaper or an electronic publication in general circulation in the Northwest Territories, or on the Registrar’s website or on another publicly available website commonly accessed in the Northwest Territories.

Refusal to issue certificate

(5) The Registrar may refuse to issue a certificate under this section where a society is in default in respect of any requirement of this Act.

Certificate as evidence

(6) A certificate issued by the Registrar pursuant to this section constitutes conclusive evidence that the requirements of this section have been complied with. S.N.W.T. 2003,c.5,Sch.I,s.9; S.N.W.T. 2009,c.12, s.16(4); S.N.W.T. 2018,c.15,s.23(2).

Effect of change of name

24.

A change of name does not affect any rights or obligations of a society or render defective any legal proceedings by or against it, and any legal proceedings that might have been continued or commenced against the society by its former name may be continued or commenced against it by its new name.

AMALGAMATION

Societies may amalgamate

25.

(1) Two or more societies may amalgamate and continue as one society.

Requirements of amalgamation agreement

(2) Each society proposing to amalgamate shall enter into an amalgamation agreement setting out the means of effecting the amalgamation and the applicable terms, and setting out in particular,

(a) the name of the amalgamated society;

(b) the objects of the amalgamated society;

(c) the name and address of each proposed director of the amalgamated society; and

(d) the proposed bylaws of the amalgamated society.

Adoption of amalgamation agreement by extraordinary resolution

(3) The amalgamation agreement must be approved by extraordinary resolution of each amalgamating society.

Application for amalgamation

(4) After an amalgamation agreement has been approved under subsection (3), an application for amalgamation in a form approved by the Registrar, must be filed with the Registrar together with the following:

(a) a certified true copy of the extraordinary resolution of each amalgamating society approving the amalgamation agreement;

(b) the amalgamation agreement;

(c) any other information required by the Registrar;

(d) the prescribed fee.

Certificate of amalgamation and publication of notice

(5) On receipt of the application under subsection (4), the Registrar may issue a certificate of amalgamation and publish notice of the amalgamation in the Northwest Territories Gazette.

Effect of amalgamation

(6) On the date shown in the certificate of amalgamation issued under subsection (5),

(a) the amalgamating societies are amalgamated and continued as one society;

(b) the property of each amalgamating society is the property of the amalgamated society;

(c) the amalgamated society is liable for all debts and obligations of each amalgamating society;

(d) a civil, criminal or administrative action or proceeding pending in respect of an amalgamating society may be continued by or against the amalgamated society;

(e) a conviction against, or a ruling, order or judgment in respect of an amalgamating society, may be enforced by or against the amalgamated society; and

(f) the certificate of amalgamation is deemed to be the certificate of incorporation of the amalgamated society.

S.N.W.T. 2003,c.5,Sch.I,s.10; S.N.W.T. 2009,c.12, s.16(2).

LIQUIDATION AND DISSOLUTION

Dissolution by extraordinary resolution

26.

(1) A society may be dissolved by extraordinary resolution.

Approval of resolution by Registrar

(2) No extraordinary resolution made under subsection (1) takes effect unless it is approved by the Registrar.

Certificate of dissolution and publication of notice

(3) Where the Registrar approves an extraordinary resolution made under subsection (1), the Registrar shall issue a certificate of dissolution and publish notice of the dissolution in the Northwest Territories Gazette.

Registrar’s refusal to issue certificate

(4) The Registrar shall not issue a certificate under this section unless the Registrar is satisfied that sufficient notice of the society’s intention has been given and that no debts or liabilities of the society are outstanding.

Society ceases to exist

(5) A society ceases to exist on the date shown in a certificate of dissolution issued under subsection (4). S.N.W.T. 2003,c.5,Sch.I,s.10.

Registrar may dissolve society

27.

(1) The Registrar may dissolve a society under this section if

(a) the Registrar reasonably believes that the society is not in operation;

(b) the society does not have an address for service in the Northwest Territories;

(c) the Registrar does not receive a notice or document required by this Act to be sent to the Registrar, within two years after the date on which the notice or document is required to be sent to the Registrar;

(d) the society does not have any directors according to the most recent list filed under subsection 18(2); or

(e) the society has failed to pay any fee required to be paid to the Registrar under this Act.

Procedure for dissolution

(2) The Registrar shall not dissolve a society under this section until he or she has

(a) except in the case of a dissolution under paragraph (1)(b), given 90 days notice of the intention to dissolve the society, by mail addressed to the society at the address referred to in subsection 19(1);

(b) except in the case of a dissolution under paragraph (1)(d), given 90 days notice of the intention to dissolve the society to two directors of the society named in the most recent list filed with the Registrar under subsection 18(2), or to one director if the society has only one director; and

(c) published notice of the intention to dissolve the society in a newspaper or an electronic publication in general circulation in the area in which the operations of the society are chiefly carried on, or on one or more publicly available websites that are commonly accessed in the area in which the operations of the society are chiefly carried on, provided the Registrar considers it advisable to do so.

Certificate of dissolution and publication of notice

(3) Unless cause to the contrary has been shown, the Registrar may, after expiry of the period referred to in subsection (2), issue a certificate of dissolution and publish notice of the dissolution in the Northwest Territories Gazette.

Society ceases to exist

(4) A society ceases to exist on the date shown in a certificate of dissolution issued under subsection (3). S.N.W.T. 2003,c.5,Sch.I,s.10; S.N.W.T. 2009,c.12, s.16(4); S.N.W.T. 2018,c.15,s.23(3).

Application for liquidation and dissolution

28.

(1) The Registrar or any interested person may apply to the Court for an order to dissolve a society, to appoint a liquidator of a society that has been dissolved, or to liquidate and dissolve a society.

Notice to Registrar

(2) An applicant under this section shall give the Registrar notice of the application, and the Registrar is entitled to appear and be heard in person or by counsel.

Court orders for liquidation and dissolution

(3) On an application under this section, the Court may make any order it considers appropriate including, without limiting the generality of the foregoing,

(a) an order that the society be dissolved or that the society be liquidated and dissolved;

(b) an order appointing a liquidator;

(c) an order determining the validity of any claims made against the society;

(d) an order disposing of any property belonging to creditors or members who cannot be found;

(e) an order staying the liquidation;

(f) an order continuing or discontinuing the liquidation proceedings;

(g) an order directing a liquidator to restore to a society all its remaining property; and

(h) an order that the society be dissolved upon approval of the final accounts of the liquidator under subsection 28.1(4).

Certificate of dissolution and publication of notice

(4) On receipt of an order to dissolve a society under this section, the Registrar shall, subject to the order, issue a certificate of dissolution and publish notice of the dissolution in the Northwest Territories Gazette.

Society ceases to exist

(5) The society ceases to exist on the date shown in the certificate of dissolution issued under subsection (4).

Transitional

(6) A liquidator who is appointed to wind up the affairs of a society under subsection 28(1) as it read immediately before March 13, 2003, shall continue, subject to the order of the Court, as though the appointment had been made by the Court under this section, and as though the winding-up were a liquidation under this section and sections 28.1 to 28.3. S.N.W.T. 2003,c.5,Sch.I,s.10; S.N.W.T. 2009,c.12, s.16(7).

Powers of liquidator

28.1.

(1) A liquidator appointed under paragraph 28(3)(b) has and may exercise, subject to any order made under subsection 28(3), all the powers of the society or of the directors or any other officials of the society, for the purpose of selling or otherwise disposing of the assets of the society and distributing the proceeds among the persons entitled by law to the proceeds.

Duties of liquidator

(2) The liquidator shall, subject to any order made under subsection 28(3),

(a) give notice of his or her appointment to the Registrar and to each claimant and creditor known to the liquidator;

(b) publish notice in the Northwest Territories Gazette and once a week for two consecutive weeks in a newspaper in general circulation in the locality in which the operations of the society are chiefly carried on, and take reasonable steps to give notice in each jurisdiction where the society operates, requiring any person

(i) indebted to the society, to pay to the liquidator any amount owing,

(ii) possessing property of the society, to deliver it to the liquidator, and

(iii) having a claim against the society, to present particulars of the claim in writing to the liquidator not later than 60 days after the first publication of the notice in the newspaper;

(c) take into his or her custody and control the property of the society;

(d) open and maintain a trust account for the money of the society;

(e) keep accounts of the money of the society received and paid out by him or her;

(f) maintain separate lists of the members, creditors and other persons having claims against the society;

(g) apply to the Court for directions if he or she determines that the society is unable to pay or adequately provide for the discharge of its obligations;

(h) deliver to the Court and to the Registrar, at least once in every 12-month period after his or her appointment, financial statements in the form required by section 17 or in any other form that the Court may require;

(i) apply to the Court for approval of his or her accounts; and

(j) after his or her final accounts are approved by the Court,

(i) distribute any remaining property of the society among the persons entitled by law to the proceeds,

(ii) apply to the Court for an order dissolving the society, and

(iii) submit the order of dissolution to the Registrar.

Cost of liquidation

(3) A liquidator shall pay the costs of liquidation out of the property of the society and shall pay or make adequate provision for all claims against the society.

Final order

(4) On approving the final accounts rendered by the liquidator, the Court shall make an order

(a) permitting the liquidator to distribute the remaining property of the society to the members or to other persons entitled by law to share in the distribution, according to their respective rights;

(b) directing the custody or disposal of the documents and records of the society; and

(c) discharging the liquidator upon fulfillment of his or her duties under paragraph 28.1(2)(j).

S.N.W.T. 2003, c.5,Sch.I,s.10.

Unknown claimants

28.2.

(1) On the liquidation of a society under this Act, if the identity of a person entitled by law to share in the distribution cannot be determined, or if a portion of the property is distributable to a person who cannot be found, the liquidator may, if so permitted by the Court, distribute the property to a society or other non-profit corporation having objects similar or consistent with the objects of the dissolved society.

Constructive satisfaction

(2) A distribution under subsection (1) is deemed to be in full satisfaction of a debt or claim of a person entitled by law to share in the distribution. S.N.W.T. 2003, c.5,Sch.I,s.10.

Continuation of actions after dissolution

28.3.

(1) Notwithstanding the dissolution of a society under this Act,

(a) a civil, criminal or administrative action or proceeding commenced by or against the society before its dissolution may be continued as if the society had not been dissolved;

(b) a civil, criminal or administrative action or proceeding may be brought against the society within two years after its dissolution as if the society had not been dissolved; and

(c) any property that would have been available to satisfy any judgment or order if the society had not been dissolved remains available for that purpose.

Service

(2) Service of a document on a society after its dissolution may be made by serving the document on the liquidator or, if a liquidator had not been appointed, on a person shown in the most recent list filed under subsection 18(2).

Reimburse- ment

(3) Notwithstanding the dissolution of a society under this Act, a member to whom any of its property has been distributed in the liquidation is liable to any person claiming under subsection (1) to the extent of the amount received by that member on the distribution, and an action to enforce that liability may be brought within two years after the date of the dissolution of the society. S.N.W.T. 2003, c.5, Sch.I, s.10.

REVIVAL

Application for revival by Court

28.4.

(1) Any interested person may apply to the Court for an order reviving a society that has been dissolved under this Act.

Notice of application

(2) An applicant under subsection (1) shall give notice of the application to the Registrar and the Registrar is entitled to appear and be heard in person or by counsel.

Effect of Court order

(3) An order under subsection (1) may revive the society for the purpose of carrying out particular acts specified in the order, and such order shall state that the revival remains in effect for a specific time limited by the order.

Powers of Court

(4) In an order under subsection (1), the Court may give such directions as it considers necessary in respect of the revival of the society.

Term of order

(5) A society revived by an order referred to in subsection (3) is dissolved on the expiration of the time limited by the order unless a further order is given extending that time.

Order to be sent to Registrar

(6) If an order is made under this section, the applicant shall promptly send a certified copy of the order to the Registrar, who shall restore the society to the register and publish notice of the revival in the Northwest Territories Gazette.

Revival of society

(7) A society is revived on the making of an order under this section and, subject to the terms imposed by the order and to rights acquired by any person prior to the revival, the society is deemed to have continued in existence as if it had not been dissolved. S.N.W.T. 2003, c.5,Sch.I,s.10.

REGISTRAR

Appointment of Registrar and Deputy Registrars

29.

(1) The Minister may appoint a Registrar of Societies and may appoint one or more Deputy Registrars of Societies to carry out the duties and exercise the powers of the Registrar under this Act.

Appeal

(2) An appeal may be taken to the Minister from any decision given by the Registrar within six months after the date of the decision and the Minister may affirm, set aside or modify any such decision. S.N.W.T. 2000,c.15,s.5(3); S.N.W.T. 2004,c.11, s.20(5).

OFFENCES AND PUNISHMENT

Specific offence and punishment

30.

Every person who by himself or herself or in association with others carries on or attempts to carry on the affairs of a society that has been dissolved is guilty of an offence and liable on summary conviction to a fine not exceeding $500.

General offence and punishment

31.

Every society that contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $100.

REGULATIONS

Regulations

32.

The Commissioner, on the recommendation of the Minister, may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of this power to make regulations, may make regulations

(a) fixing the fees payable to the Registrar for any services rendered under this Act;

(b) prescribing the form of an application referred to in paragraph 2(a) and any other forms for the purposes of this Act; and

(c) prescribing returns to be made by societies in addition to those required by this Act.

S.N.W.T. 2009,c.12,s.16(8).

33.

Repealed, S.N.W.T. 2003,c.5,Sch.I,s.11.

34.

Repealed, S.N.W.T. 2003,c.5,Sch.I,s.12.