Difference between revisions of "Non-Profit Member Rights and Participation (Societies Act FAQs)"

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{{Societies Act FAQs TOC}}
{{Societies Act FAQs TOC}}
{{REVIEWED | reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in May 2021}}
{{REVIEWED | reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in January 2024}}
==Member Rights==
==Member Rights==
===What are the rights of non-profit members?===
===What are the rights of non-profit members?===
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All members have the right to receive written notice and reasons for their expulsion and the right to make reasonable representations to the non-profit regarding their expulsion. Members have the right to request the attendance of the non-profit’s auditor at a meeting during which the financial statements or the appointment or removal of the auditor will be considered, provided the non-profit receives a written request at least 7 days before the meeting. Finally, members have the right to inspect records listed under [https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section20 s. 20] of the ''Societies Act'', though the non-profit may impose a notice period and time restrictions.
All members have the right to receive written notice and reasons for their expulsion and the right to make reasonable representations to the non-profit regarding their expulsion. Members have the right to request the attendance of the non-profit’s auditor at a meeting during which the financial statements or the appointment or removal of the auditor will be considered, provided the non-profit receives a written request at least 7 days before the meeting. Finally, members have the right to inspect records listed under [https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section20 s. 20] of the ''Societies Act'', though the non-profit may impose a notice period and time restrictions.
===How many votes can a member have? Can family memberships get two votes? Can we use weighted voting?===
Under [https://canlii.ca/t/8v16#sec84 s. 84] of the ''Societies Act'', a voting member has only one vote.


===What can a member or director do if the non-profit isn't following its bylaws or the ''Societies Act''?===
===What can a member or director do if the non-profit isn't following its bylaws or the ''Societies Act''?===
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==Member Participation==
==Member Participation==
===Can anyone become a member of the non-profit?===
===Can anyone become a member of the non-profit?===
No person has a right to membership in a non-profit, unless the bylaws say otherwise. Under the ''Societies Act'', it is up to the directors of the non-profit to accept or deny memberships for any reason and without giving reasons, subject to the non-profit’s bylaws. However, once a person is a member, there is a process that must be followed ([https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section70 s. 70]) to discipline or remove that person as a member.
No person has a right to membership in a non-profit, unless the bylaws say otherwise. Under the ''Societies Act'', it is up to the directors of the non-profit to accept or deny memberships, subject to the non-profit’s bylaws. However, courts have decided that if the non-profit wants to be selective about memberships, then criteria for rejecting members must be included in the bylaws. The directors cannot reject applicants based on criteria they themselves determine [https://canlii.ca/t/j8fbl#par52 (''Farrish'' at paras 52-63)]. In addition, once a person is a member, there is a process that must be followed ([https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section70 s. 70]) to discipline or remove that person as a member.


In addition, the ''Societies Act'' requires that individuals be 19 or older to become members, unless the bylaws state otherwise.
Finally, the ''Societies Act'' requires that individuals be 19 or older to become members, unless the bylaws state otherwise.
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