GENERAL VOTING GUIDELINES
- Must be a member – one share one vote.
- Must be over the age of 18 years.
- Members who have a joint account at legacy Sunova or legacy Amaranth share a membership number so only one member from these joint accounts is eligible to vote.
VOTING ON BEHALF OF A CORPORATION OR ASSOCIATION
A member that is a corporation or association must appoint a representative to vote on its behalf by completing a resolution [refer to subsection 68(1) of the Act].
- Corporate resolutions must be submitted to Governance by November 24, 2023, at noon.
- For more information, visit the Corporate Resolutions page.
TYPES OF CORPORATIONS OR ASSOCIATIONS
- Registered corporations, for example:
- ABC Sewing Inc., ABC Sewing Ltd., ABC Sewing Corporation; ABC Sewing Corp.
- Non-profit organizations - active and organized sports teams
- Where there are several sub-accounts under the same org record (applies to corporations and non-profit organizations) that entity has one vote, for example:
- XYZ Church Ltd may have a separate missions account, youth group account, ladies group account or Sunday School account, they are deemed to be one entity – under the primary account holder, in this case XYZ Church Ltd. is allowed one vote.
Types of Businesses that are not allowed to vote as they are not considered a body corporate and are not an entity that can vote:
- Sole Proprietorship/Trading As Businesses, for example:
- Joe Smith operating or trading as Joe’s Hauling
- Access Credit Union’s by-laws do not allow voting by proxy
- Not eligible for voting
- The trustee cannot vote on behalf of the beneficial owner as that would be deemed to be voting by proxy (conclusion drawn in consultation with Financial Institutions Regulation Branch “FIRB”).
- Not eligible to vote – executors would be deemed to vote by proxy and the by-laws do not allow a proxy vote (conclusion drawn in consultation with FIRB).
POWERS OF ATTORNEY
- Not eligible to vote - It is the principal (the real owner) who has the only right to vote. A power of attorney is equivalent, in this respect, to a proxy, and is not permitted. The member alone has the right to vote, and if the member has ceased to have the capacity to cast a vote, the attorney cannot act on behalf of the member as proxies are not permitted.
NEW MEMBERSHIPS AND VOTING ELIGIBILITY
- The cut-off for voting eligibility is governed by Section 62 of the Act, which states that the record date for determining which members are entitled to receive notice of a meeting of members is the closing of business on the day immediately preceding the day on which notice is given.
- Notice will be posted in the local newspapers, therefore in order to be eligible to vote the membership must have been opened by the close of October 24, 2023.
MINORS’ VOTING RIGHTS
- No member who is under the age of 18 may vote [subsection 67(1)].