Shareholder as Occupant (RTA)
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Caselaw.Ninja, Riverview Group Publishing 2021 © | |
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Date Retrieved: | 2024-10-31 |
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 2024-10-31 |
Editor: | Sharvey |
Last Updated: | 2022/07/27 |
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Residential Tenancies Act, 2006, S.O. 2006, c. 17
2 (1) In this Act,
- ...
- “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”)
- ...
5 This Act does not apply with respect to,
- ...
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”)
- ...
- (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).
- ...
4 (1) This Act applies, except where it is otherwise expressly provided, to,
- ...
- (2) This Act does not apply to,
- (a) a body corporate without share capital to which the Co-operative Corporations Act or Part V of the Corporations Act applies; or
- (b) a body corporate incorporated for the construction and working of a railway, an incline railway or a street railway. 2017, c. 20, Sched. 8, s. 2 (2).
- ...
89 (1) No part of a corporation’s profits or of its property or accretions to the value of the property may be distributed, directly or indirectly, to a member, a director or an officer of the corporation except in furtherance of its activities or as otherwise permitted by this Act. 2010, c. 15, s. 89 (1).
- (2) Despite subsection (1) and subject to the articles and the by-laws, a corporation that is not a public benefit corporation may distribute the fair value of a membership to a member upon termination of that member’s membership. 2010, c. 15, s. 89 (2).
References
- ↑ Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK5>, retrieved 2022-07-26
- ↑ Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15, <https://www.ontario.ca/laws/statute/10n15>, retrieved 2022-07-26