Shareholder as Occupant (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-27
CLNP Page ID:	1960
Page Categories:	[Land Leases (RTA)], [RTA Exempt Tenancies], [Personal Use Application (LTB)]
Citation:	Shareholder as Occupant (RTA), CLNP 1960, <>, retrieved on 2024-11-27
Editor:	Sharvey
Last Updated:	2022/07/26

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

2 (1) In this Act,

...

5 This Act does not apply with respect to,

...

“landlord” includes,

(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,

(b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (“locateur”)

...

“tenancy agreement” means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit; (“convention de location”)

“tenant” includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex; (“locataire”)

Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15

1 (1) In this Act,

...

“body corporate” means any body corporate, with or without share capital and whether or not this Act applies to it; (“personne morale”)

...

“corporation” means a body corporate without share capital to which this Act applies; (“organisation”)

...

(2) Despite the definition of “public benefit corporation” in subsection (1), if a non-charitable corporation that is not a public benefit corporation at the beginning of a financial year receives donations, gifts, grants or similar financial assistance as described in that definition in that financial year,

(a) the non-charitable corporation is deemed to not be a public benefit corporation in that financial year; and

(b) the non-charitable corporation is deemed to be a public benefit corporation in the next financial year, as of the date of the first annual meeting of members in that next financial year. 2010, c. 15, s. 1 (2).

(3) In this or any other Act, a reference to a predecessor of the Not-for-Profit Corporations Act, 2010 is a reference to the Corporations Act, and any predecessor of the Corporations Act, as they applied to a body corporate without share capital that was not governed by Part V of the Corporations Act or any predecessor of Part V of the Corporations Act. 2017, c. 20, Sched. 8, s. 1 (9).