Hearing Process - Re: Notice to Appear (CCA)

Co-operative Corporations Act, R.S.O. 1990, c. C.35

21 Subject to this Act and the articles, the directors may pass by-laws that regulate the business and affairs of the co-operative.

60 (1) Subject to the provisions of this Act and the articles of the co-operative, membership therein is governed by the by-laws of the co-operative.

75 (1) Subject to subsection (2) and in the absence of other provisions in that behalf in the articles or by-laws of the co-operative,

(a) notice of the time and place for holding a meeting of the members shall be given to each person who is entitled to notice of meetings and who on the record date for notice appears on the records of the co-operative as a member by sending the notice to the person’s latest address as shown on the records of the co-operative ten days or more before the date of the meeting but in no case more than fifty days before the date of the meeting;

(b) all questions proposed for the consideration of the members at a meeting of members are to be determined by the majority of the votes cast, and the chair presiding at the meeting, other than a chair chosen under clause (d.1), has a second or casting vote in case of an equality of votes;

(c) the chair presiding at a meeting of members may, with the consent of the meeting and subject to such conditions as the meeting decides, adjourn the meeting from time to time and from place to place;

(d) the president or, in his or her absence, a vice-president who is a director shall preside as chair at a meeting of members, but, if there is no president or such a vice-president or if at a meeting neither of them is present within fifteen minutes after the time appointed for the holding of the meeting, the members present shall choose a person from their number to be the chair;

(d.1) the president, if present at the meeting of members, may choose a non-member instead of himself or herself to be the chair presiding at the meeting;

(e) unless a poll is demanded, an entry in the minutes of a meeting of members to the effect that the chair declared a motion to be carried is admissible in evidence as proof, in the absence of evidence to the contrary, of the fact without proof of the number or proportion of votes recorded in favour of or against the motion.

(2) The articles or by-laws of the co-operative shall not provide for fewer than ten days notice for meetings of members and in no case shall notice be given fifty days before the date of the meeting and the articles or by-laws shall not provide that notice may be given otherwise than individually.

171.0.1 (1) The articles of a co-operative to which this section applies are deemed to provide that the co-operative is a non-profit housing co-operative for the purposes of this Act. 1992, c. 19, s. 26 (1)

171.4 (1) Only a member of a non-profit housing co-operative has a right to occupy a member unit of the co-operative and, upon ceasing to be a member, a person ceases to have any occupancy rights.

171.8 (1) If a member of a non-profit housing co-operative does not have occupancy rights, his or her membership may be terminated in accordance with subsection 49 (3) or section 66 but, if the member has occupancy rights, his or her membership or occupancy rights may be terminated only if both are terminated concurrently in accordance with subsection (2).

(2) The following rules apply, instead of subsections 66 (1) to (3), with respect to the termination of the membership and occupancy rights of a member of a non-profit housing co-operative:

1. Membership and occupancy rights may be terminated only by a resolution of the board of directors.

2. Membership and occupancy rights may be terminated only if the member ceases to occupy a member unit or on a ground set out in the by-laws. Membership and occupancy rights may not be terminated on a ground in the by-laws that is unreasonable or arbitrary.

3. The member shall be given written notice that the board of directors will consider terminating the member’s membership and occupancy rights. The notice must be given at least ten days before the meeting of the board of directors at which the matter will be considered.

4. The notice must,

i. set out the time and place of the board’s meeting at which the matter will be considered,

ii. set out the grounds for the proposed termination,

iii. identify the member unit to which the member has occupancy rights,

iv. specify the date of the proposed termination,

v. advise the member that he or she may appear and make submissions at the board’s meeting, and

vi. advise the member that he or she may appeal the board’s decision to the members if the by-laws provide a right of appeal for a termination on the grounds set out in the notice.

4.1 The notice must advise the member that he or she need not vacate the member unit but that, after the termination of the member’s membership and occupancy rights, the co-operative may obtain possession of the member unit,

i. by obtaining an order of the Landlord and Tenant Board terminating the member’s occupancy of the member unit and evicting the member if Part V.1 of the Residential Tenancies Act, 2006 applies, or

ii. by obtaining a writ of possession from the court if Part V.1 of the Residential Tenancies Act, 2006 does not apply.

5. If a meeting is adjourned, no new notice is required if the time and place of the continuation of the meeting is announced at the original meeting.

6. The member has a right to appear, either personally or by a person authorized under the Law Society Act to represent the member, and to make submissions at the meeting of the board of directors.

7. In a decision to terminate the member’s membership and occupancy rights, the board of directors may specify a date for the termination that is later than the proposed date that was specified in the notice to the member.

8. The member shall be given written notice of the decision of the board of directors within 10 days after the board’s meeting.

9.-14. Repealed: 2013, c. 3, s. 3 (4).

178 Where a co-operative or a director, officer or employee of a co-operative does not comply with any provision of this Act or the articles or the by-laws of the co-operative, the Minister or a member or a creditor of the co-operative, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights the Minister, the member or the creditor may have, may apply to the court for an order directing the co-operative, director, officer or employee, as the case may be, to comply with such provision, and upon such an application the court may make such order or such other order as the court thinks fit. R.S.O. 1990, c. C.35, s. 178; 1997, c. 28, s. 44; 2017, c. 34, Sched. 9, s. 21; 2018, c. 17, Sched. 9, s. 6.

185 An appeal lies to the Court of Appeal from any order made by the court under this Act. R.S.O. 1990, c. C.35, s. 185.