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ARTICLE · 21 FEBRUARY 2014

May The 50% Rule Rest In Peace

The time has come to repeal the 50% Rule (the "Rule").

CanadaCorporate/Commercial Law

The time has come to repeal the 50% Rule (the "Rule").  The Ontario Legislature took a step in this direction by exempting renewable energy co-operatives from the application of the Rule.  In so doing the Legislature recognized that if they did not act, the Rule would effectively prevent renewable energy co-operatives from existing in the Province.

I believe the Rule is a major impediment to the growth of co-operatives in this Province and that its repeal would be beneficial to the sector, not just renewable energy co-operatives.  Here are some reasons why the Rule needs to go:

Why 50%? 

What makes a co-operative that does more than 50% of its business with members a co-operative?  Why not 100%?  How about 75%?  A percentage is arbitrary.  I submit the essence of being a co-operative is not who you do business with, but how you do business.  It is the desire of members to be governed by the one member, one vote, distribution of patronage and other principles

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