S-27 - Horticultural Societies Act

Updated to 14 February 2011

This document has official status.

chapter S-27

Horticultural Societies Act

1. The Minister of Agriculture, Fisheries and Food shall have charge of the carrying out of this Act.

R. S. 1964, c. 114, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION I CONSTITUTION OF SOCIETIES

1999, c. 40, s. 303.

2. Twenty-five persons at least may organize and constitute a horticultural society in the territory of one or more local municipalities by signing a memorandum according to form 1, and by subscribing not less than $40 annually to the funds thereof.

R. S. 1964, c. 114, s. 2; 1996, c. 2, s. 935; 1999, c. 40, s. 303.

2.1. The name of a society shall be in conformity with section 16 of the Business Corporations Act (chapter S-31.1).

1993, c. 48, s. 452; 1997, c. 70, s. 14; 2009, c. 52, s. 662.

3. Such memorandum shall be made in duplicate, and one duplicate thereof shall be written and signed on the first page or pages of a book to be kept by the said society for recording its first year’s proceedings, and the other duplicate shall be forthwith sent to the Minister of Agriculture, Fisheries and Food who shall, subject to the second paragraph, draw up a notice of the constitution of such society.

The Minister shall refuse to draw up the notice of the constitution of a society where the memorandum of the society contains a name not in conformity with one of paragraphs 1 to 6 or paragraph 8 of section 16 of the Business Corporations Act (chapter S-31.1).

R. S. 1964, c. 114, s. 3; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 453; 1997, c. 70, s. 15; 1999, c. 40, s. 303; 2009, c. 52, s. 663.

3.1. The Minister of Agriculture, Fisheries and Food shall transmit to the enterprise registrar a notice of the constitution of a society. The notice shall indicate the name and the address of the head office of the society. The enterprise registrar shall deposit the notice in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

1993, c. 48, s. 454; 1999, c. 40, s. 303; 2002, c. 45, s. 565; 2010, c. 7, s. 282.

4. From the date of deposit in the register of the notice of the constitution of such society, it shall become a legal person under the name given it in such notice.

R. S. 1964, c. 114, s. 4; 1993, c. 48, s. 455; 1999, c. 40, s. 303.

5. The name given to the society in the notice shall be the same as that in the memorandum transmitted by such society to the Minister.

R. S. 1964, c. 114, s. 5.

6. Every horticultural society constituted under this Act may make by-laws, not contrary to the laws of Québec or to this Act, for prescribing the mode of admission of new members and election of officers, and regulating generally the administration of its affairs and property.

R. S. 1964, c. 114, s. 6; 1999, c. 40, s. 303.

7. Every such society shall hold a meeting in the first week of February in each year, and at such other times as may be prescribed or provided for by its by-laws.

At such annual meeting, a president, a vice-president, a secretary-treasurer and not less than three nor more than nine directors shall be elected.

R. S. 1964, c. 114, s. 7.

8. The directors shall present to the annual meeting a detailed report of the activities of the society for the previous year. A copy of the report shall be sent to the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 114, s. 8; 1997, c. 70, s. 16.

DIVISION II POMOLOGICAL AND FRUIT-GROWING SOCIETY OF THE PROVINCE OF QUÉBEC

9. Forty persons at least may organize and constitute a provincial pomological and fruit-growing society by signing a memorandum according to constitute 2, and by subscribing at least $80 a year to the funds thereof.

R. S. 1964, c. 114, s. 9; 1999, c. 40, s. 303.

10. Such memorandum shall be made in duplicate, one of which duplicates shall be written and signed in a book to be kept carefully by the society and the other sent immediately to the Minister of Agriculture, Fisheries and Food, who shall,subject to the second paragraph, draw up a notice of the constitution of such society.

The Minister shall refuse to draw up the notice of the constitution of a society if the declaration contains a name that is not in conformity with section 11 of this Act or with one of paragraphs 1 to 6 or paragraph 8 of section 16 of the Business Corporations Act (chapter S-31.1).

R. S. 1964, c. 114, s. 10; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1993, c. 48, s. 456; 1997, c. 70, s. 17; 1999, c. 40, s. 303; 2009, c. 52, s. 664.

10.1. The Minister of Agriculture, Fisheries and Food shall transmit the notice of the constitution of the society to the enterprise registrar. The notice shall indicate the name and the address of the head office of the society. The enterprise registrar shall deposit the notice in the register.

1993, c. 48, s. 457; 1999, c. 40, s. 303; 2002, c. 45, s. 565.

11. From the date of deposit in the register of the notice of the constitution of such society, it shall become a legal person, under the name of “The Pomological and Fruit-growing Society of the Province of Québec”.

R. S. 1964, c. 114, s. 11; 1993, c. 48, s. 458; 1999, c. 40, s. 303.

12. The society may make by-laws, not contrary to the laws of Québec nor to this division, to prescribe the mode of admission of new members, to regulate the election of its officers and the administration of its affairs and property generally.

R. S. 1964, c. 114, s. 12.

13. Every such society shall hold a general meeting of its members each year in winter and another in summer, in the various districts of Québec, in order there to study the proper means of promoting pomology and fruit-growing in Québec, and of there exhibiting the varieties of fruit which it recommends.

At the winter meeting it shall elect a president, a vice-president, a secretary-treasurer and not less than three nor more than nine directors.

R. S. 1964, c. 114, s. 13.

14. The officers and directors shall prepare and submit to the winter meeting of the society a detailed report of their operations, giving the names and addresses of its members, and the amount paid and subscribed by each of them, together with such observations as may be calculated to promote pomology and fruit-growing in Québec.

R. S. 1964, c. 114, s. 14.

15. The principal place of business of the society shall be determined by the board of directors at its winter meeting.

R. S. 1964, c. 114, s. 15.

16. The society shall be entitled to a grant of not more than $500, on condition that its exhibitions be open to the whole Québec, and that it make an annual report to the Minister of Agriculture, Fisheries and Food.

R. S. 1964, c. 114, s. 16; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

DIVISION III

This Division ceased to have effect on 17 April 1987.

17. (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.

DIVISION IV CHANGE OF NAME

1993, c. 48, s. 459.

18. Proceedings under sections 5.1 to 5.10 of the Act respecting farmers’ and dairymen’s associations (chapter S-23), adapted as required, may be brought in respect of the name of a society.

1993, c. 48, s. 459; 1997, c. 70, s. 18.

FORMS

FORM 1

(Section 2)

Memorandum of Association of a Horticultural Society

We, the undersigned, agree to constitute a society, under the provisions of the Horticultural Societies Act, (chapter S-27), to be called the Horticultural Society of (name of the local municipality), the head office of which is to be situated at the following address: ..............; and we hereby severally agree to pay to the treasurer yearly, while we continue to be members of the society (any member being at liberty to retire therefrom upon giving notice in writing to the secretary, at any time before the annual meeting, of his wish so to do) the sums opposite our respective names, and we further agree to conform to the rules and by-laws of the said society.

===============================================================
                                               |               
                    Names                      |    $ cts.     
                                               |               
_______________________________________________|_______________
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
_______________________________________________|_______________                     

R. S. 1964, c. 114, form 1; 1993, c. 48, s. 460; 1996, c. 2, s. 936; 1999, c. 40, s. 303.

FORM 2

(Section 9)

Memorandum of Association of the Pomological and Fruit-growing Society of the Province of Québec

We, the undersigned, agree to constitute a society under the provisions of division II of the Horticultural Societies Act (chapter S-27), under the name of .............., our head office to be at the following address: .............., and we hereby undertake to pay respectively and annually the sums opposite our names, to the secretary-treasurer, so long as we remain members of the society, and we further undertake to comply with the rules and regulations of the society.

===============================================================
                                               |               
                    Names                      |    $ cts.     
                                               |               
_______________________________________________|_______________
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
                                               |               
_______________________________________________|_______________                     

R. S. 1964, c. 114, form 2; 1993, c. 48, s. 461; 1999, c. 40, s. 303.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 114 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-27 of the Revised Statutes.