C-23 - Amusement Clubs Act

Updated to 1 April 2007

This document has official status.

chapter C-23

Amusement Clubs Act

DIVISION I CONSTITUTION AS A LEGAL PERSON

1999, c. 40, s. 54.

1. Ten or more persons, domiciled in any part of Canada, who wish to form an association or club with a view of recreation, instruction and amusement, or with a view to developing and encouraging tourist traffic, or a musical association or an automobile club, may be constituted as a legal person by proceeding as follows:

(1)  by obtaining for that purpose the consent and authorization of the municipal council of the place of their domicile if it be in Québec, or of the place in which such association shall have its head office in Québec;

(2)  by signing a memorandum in duplicate, in which they shall set forth the name of the association, the object for which they wish to be constituted as a legal person, and the place in which the association shall have its head office;

(3)  by transmitting the memorandum and the certificate of approval of the municipal council to the enterprise registrar. The enterprise registrar shall deposit one copy of the memorandum and the certificate in the register instituted in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45) and give the second copy of the memorandum to the association.

R. S. 1964, c. 298, s. 1; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 113; 1993, c. 48, s. 211; 1999, c. 40, s. 54; 2002, c. 45, s. 265.

1.1. The name of a club shall be in conformity with section 9.1 of the Companies Act (chapter C‐38).

1993, c. 48, s. 212; 1999, c. 40, s. 54.

1.2. The enterprise registrar shall refuse to deposit in the register a memorandum containing a proposed name not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C-38).

1993, c. 48, s. 212; 2002, c. 45, s. 265.

2. (Repealed).

R. S. 1964, c. 298, s. 2; 1993, c. 48, s. 213.

3. Upon the completion of these formalities, the persons applying for constitution as a legal person, and such others as may thereafter become members of the association, shall constitute a legal person under the name set forth in the memorandum.

R. S. 1964, c. 298, s. 3; 1999, c. 40, s. 54.

4. The members of the association, in general meeting assembled, may, at any time, by resolution, change the name thereof, provided that a notice to that effect be transmitted to the enterprise registrar, who shall deposit it in the register, and that a notice of the change be published once in a French newspaper and once in an English newspaper published in the judicial district in which the association is established. The change has effect from the date of deposit of the notice in the register.

The association, under its new name, shall enjoy and possess all the privileges and be subject to all the duties and liabilities of the said association incurred under its former name.

R. S. 1964, c. 298, s. 4; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 113; 1993, c. 48, s. 214; 2002, c. 45, s. 265.

DIVISION II GENERAL POWERS

5. Every association may acquire and hold, in the territory of the local municipality that authorized its constitution as a legal person or in the adjacent local municipal territory in the same judicial district and registration division, any property it requires and whose rental value does not exceed $1,000 or $2,000, depending on whether the population of the municipality is less than 3,000 inhabitants, or is equal to or greater than that number.

R. S. 1964, c. 298, s. 5; 1996, c. 2, s. 211; 1999, c. 40, s. 54.

6. The association may, for the management of its affairs, adopt such by-laws, rules and regulations as it deems necessary respecting the admission and expulsion of its members, the contributions and fines which it deems advisable to impose, and generally for the administration and management of its affairs.

R. S. 1964, c. 298, s. 6.

DIVISION III MISCELLANEOUS

7. The members shall not be personally responsible for the debts of the association.

R. S. 1964, c. 298, s. 7.

8. In so far as applicable, the provisions of the Companies Act (chapter C-38) shall govern clubs and associations mentioned in section 1 and more particularly the provisions of Division IV of Part III of the said Companies Act shall apply to such clubs and associations.

The remedy provided for in section 123.27.1 of the said Act, adapted as required, may be exercised in respect of the name of an association.

R. S. 1964, c. 298, s. 8; 1993, c. 48, s. 215.

9. If required by a member of the Sûreté du Québec, or by a member of any municipal police force authorized by its chief, the association must produce a certified list of its members, and a certified copy of the by-laws, rules and regulations adopted under section 6 if the documents are required as evidence of an offence against an Act applicable in Québec.

Any person who has the custody of the documents of the association, or the president or manager thereof, who refuses to obey the demand above-mentioned, shall be liable to a fine of not less than $50 nor more than $100.

R. S. 1964, c. 298, s. 9; 1968, c. 17, s. 97; 1977, c. 5, s. 14; 1986, c. 95, s. 57; 1990, c. 4, s. 209.

10. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

11. The Government designates the Minister responsible for the administration of this Act except the provisions relating to the responsibilities of the enterprise registrar, which are administered by the Minister of Revenue.

2002, c. 45, s. 266; 2006, c. 38, s. 16.

The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 412-2016 dated 25 May 2016, (2016) 148 G.O. 2 (French), 2923.

Not in force

12. The Minister of Economic Development, Innovation and Export Trade is responsible for the application of this Act.

2002, c. 45, s. 266; 2003, c. 29, s. 170; 2006, c. 8, s. 31.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 298 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-23 of the Revised Statutes.