Common Questions - Cooperatives Act


Does the Cooperatives Act apply to all cooperatives?

No. The Cooperatives Act does not apply to cooperatives or like entities registered under their own act in Alberta, rural electrical, water and gas associations registered under the Rural Utilities Act and credit unions registered under the Credit Union Act. 

Why did the act change?

The Cooperative Associations Act hadn't been reviewed since 1946. The marketplace has changed and the new Cooperatives Act allows cooperatives to respond to the changes. It's designed to suit cooperatives' needs today and in the future.

The new act gives cooperatives the flexibility to grow as viable businesses, and identifies new, specific types of cooperatives - employment, new-generation, and multi stakeholder. Cooperatives can now sell investment shares to people outside the cooperative as a method of raising capital funding.

The new Cooperatives Act provides a modern governance framework much like the Business Corporations Act.

What do cooperatives need to do next?

a) Existing Cooperatives

Existing cooperatives that are incorporated or registered in Alberta have until March 31, 2005, to prepare, approve and file documents to continue as a cooperative under the new act. Cooperatives that have not been issued a Certificate of Continuance by March 31, 2005, will be dissolved, as the Co-operative Associations Act will be repealed on that date. Once dissolved, a former cooperative will have to incorporate as a new cooperative under the Cooperatives Act.

Additional Information: b) New Cooperatives

New cooperatives must apply under the Cooperatives Act. 

  • How to Incorporate an Alberta-based Cooperative or Register an Extra-provincial Cooperative

Why do existing cooperatives have to continue?

The Cooperatives Act is substantially different from the Co-operative Associations Act. The Cooperatives Act requires Articles of Incorporation rather than a Memorandum of Association. The act doesn't include standard bylaws. The act and the Cooperatives Regulation identify what must be and what may be included in both documents. By continuing, existing Alberta-based cooperatives will be able to prepare a consolidated package of Articles of Incorporation and bylaws that will meet the cooperative's needs as well as those of the legislation. A cooperative's current incorporation documents will not meet the new act's requirements.

How much will this cost?
  • Continuing an existing cooperative - no government filing fee

  • Incorporating an Alberta-based cooperative - $100 government filing fee

  • Registering an extra-provincial cooperative - $100 government filing fee  

A name-search company will charge for the NUANS report required for incorporating or registering cooperatives.

Cooperatives may have other legal and consultant costs.

Where do I get more information?

Service Alberta's website has information about: continuing, registering and incorporating a cooperative under the new act; Articles of Incorporation Requirements; bylaw requirements; and links to the Cooperatives Act and the Cooperatives Regulation (more information: Cooperatives.)

You can also contact the department by calling 780-427-5210 (Edmonton), or toll free in Alberta by dialing 310-000 and following the instructions. Our e-mail address is service.alberta@gov.ab.ca