Federal Co-operatives

To Whom Does This Apply?

Summary

The Canada Cooperatives Act governs the incorporation of federal co-operatives. Co-operatives are business organizations owned by the members who use their services. They are a separate legal entity which may enter into contracts in their corporate name. Generally, each member of a co-operative is entitled to one vote. Surpluses are shared by members in proportion to the degree they use the services. The members elect the board of directors and decide what should be done with any profit that is generated in the co-op.

To apply for incorporation, at least three persons, or one or more cooperative entity, must send the Director, appointed under the Canada Cooperatives Act, the following:

• Articles of Incorporation, Form 3001
• Notice of Registered Office, Form 3003
• Notice of Directors, Form 3006
• A declaration signed by all the applicants that, after incorporation, the co-operative will be organized and operated and will carry on business on a co-operative basis, and that forms 3003 and 3006 filed with articles of incorporation indicate that the cooperative, when it comes into existence, will be in compliance with the Act.
• If the proposed co-operative is a non-profit housing co-operative or a worker co-operative, a declaration signed by all the applicants that the co-operative will be in compliance with either Part 20 or 21 of the Canada Cooperative Act. Part 20 includes specific provisions applicable to non-profit housing co-operatives and Part 21 includes specific provisions applicable to worker co-operatives.
• A name search report, specifically a Canada-biased NUANS report. The name must not be confusing with other names, including corporate names, and it must include the word "co-operative", "cooperative", "co-op", "coop", "coopérative", "united" or "pool" or another grammatical form of any of those words.

Anyone wishing to form a co-operative association under federal law must complete certain forms. The following fees are required for document filings and services rendered.

Schedule of Fees

Incorporation of a co-operative can be a very complex matter and you may require legal assistance.

*Note: "non-profit" also known as nonprofit organizations, non profit organizations, not-for-profit organizations, voluntary organizations and volunteer organizations.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Saskatchewan Contact(s):
See National Contact.