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Request Membership List Now
September 26, 2010 permalink
A reader suggests urgent action to request membership lists.
I looked at your site and noticed a fellow by the name of John Dunn has requested a copy of the the membership list of the Ottawa CAS but has been refused.
I also noticed that the law is about to change so that CAS's do not have to provide membership lists.
I suggest that you sent out an urgent alert to people and request that they request such membership lists before the law is changed. ie third reading I would suspect will be in a few weeks or so.
I suggest you provide a guide to the people on how exactly to do this. (Ie ask John Dunn) for while it may be simple it will probably appear complicated to most.
Source: email from reader who did not say whether he wants his name used.
You can reach John Dunn by eamil to [ johndunn at afterfostercare.ca ]. Our suggestions for carrying out the request are in the expand block.
Read section 307 of the Corporations Act which states:
307.(1) Any person, upon payment of a reasonable charge therefor and upon filing with the corporation or its agent the affidavit referred to in subsection (2), may require a corporation, other than a private company, or its transfer agent to furnish within ten days from the filing of such affidavit a list setting out the names alphabetically arranged of all persons who are shareholders or members of the corporation, the number of shares owned by each such person and the address of each such person as shown on the books of the corporation made up to a date not more than ten days prior to the date of filing the affidavit.
Prepare an affidavit in the form enclosed in the law. It should look like:
Province of Ontario In the matter of Children's Aid Society of Dufferin
County of Dufferin
I, Joseph Smith of the City of Shelburne in the County of Dufferin make oath and say (or affirm):
1. I hereby apply for a list of the members of the above-named corporation.
2. I require the list of members only for purposes connected with the above-named corporation.
3. The list of members and the information contained therein will be used only for purposes connected with the above-named corporation.
Sworn/Affirmed before me
date ___________________ .
The form does not require any special paper or typeface. In the form above replace the words in red with your own name and location. In the paragraph that begins Sworn, leave enough room for the notary to insert the location and date, and affix his seal.
Take the form to a notary public who will charge a small fee. Sign it in his presence and allow him to fill in the location and date, and stamp it with his seal. A lawyer can also do the notary function, but will charge more.
Take the form to your local children's aid society and hand-deliver it. If they request a few dollars as the reasonable charge, pay it. Since all they have to do is use their photocopier, any charge over a few dollars is unreasonable. Or you can send the request by registered mail, so there is a record of its receipt. If they refuse to accept the registered letter, keep it unopened when you get it back, and hand-deliver a copy in person. The refused letter is evidence of defiance of the law by CAS.
If you get a list, be careful to use it only for lawful purposes.
(6) Purposes connected with the corporation include any effort to influence the voting of shareholders or members at any meeting of the corporation, any offer to acquire shares in the corporation or any effort to effect an amalgamation or reorganization and any other purpose approved by the Minister. R.S.O. 1990, c. C.38, s. 307.
If you use it for other purposes, CAS will be merciless about prosecution.
(4) Every person who uses a list of shareholders or members of a corporation obtained under this section,
- for the purpose of delivering or sending to all or any of such shareholders or members advertising or other printed matter relating to shares or securities other than the shares or securities of the corporation; or
- for any purpose not connected with the corporation,
is guilty of an offence and on conviction is liable to a fine of not more than $1,000.