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).  1992, c. 19, s. 23. Procedure for terminating membership, etc. (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, if applicable, place of the board’s meeting at which the matter will be considered, i.1  set out instructions for attending and participating in the meeting by the telephonic or electronic means that will be made available for the meeting, if the member may attend the meeting by such means, 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 all of the following are announced at the time of an adjournment: i.  The time of the continued meeting. ii.  If applicable, the place of the continued meeting. iii.  If applicable, instructions for attending and participating in the continued meeting by the telephonic or electronic means that will be made available for the 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). 1992, c. 19, s. 23; 2006, c. 21, Sched. C, s. 103 (2); 2013, c. 3, s. 3 (1-4); 2023, c. 9, Sched. 8, s. 20 (1, 2). Procedure for appealing termination of membership, etc. (3) The following rules apply, instead of subsections 66 (4) and (5), with respect to an appeal by a member of the termination of his or her membership and occupancy rights in a non-profit housing co-operative: 1.  If the by-laws provide a right of appeal for a termination on the grounds set out in the notice of termination required by paragraph 3 of subsection (2), the member may appeal the board’s decision to the members. The effect of the decision is suspended until the appeal is disposed of or abandoned. 2.  To appeal the decision to terminate his or her membership and occupancy rights, a member must give written notice to the co-operative within seven days, or such longer period as the by-laws provide, after the notice of the board’s decision has been given to the member under paragraph 8 of subsection (2). 3.  The appeal shall be considered at a meeting of the members held at least 14 days after the notice to appeal is received. 4.  If the co-operative receives written representations with the member’s notice of appeal, the board of directors shall, subject to paragraph 7, ensure that a copy of the representations is given, before the meeting at which the appeal will be considered, to each member entitled to receive notice of the meeting. The distribution of the representations shall be at the co-operative’s expense. This paragraph does not apply if the representations exceed 5,000 words. 5.  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 members. 6.  The appeal shall be decided by a majority vote of the members and the members may confirm, vary or set aside the board’s decision. If no decision is made by the members or if there is no quorum at the meeting or if there is no longer a quorum when the vote is to be taken, the board’s decision is deemed to have been confirmed. 7.  The board of directors is not bound under paragraph 4 with respect to a member’s representations if it clearly appears that the right of the member to have his or her representations distributed is being abused to secure needless publicity for matters that, i.  are not related to the appeal, and ii.  are not related, in a significant way, to the business or affairs of the co-operative. 8.  If the board of directors refuses to distribute copies of a member’s representations, the board shall ensure that written notice of its refusal together with written reasons for it are given to the member within 10 days after the representations were received by the co-operative. 9.  Upon application by a member whose representations the co-operative has refused to distribute, the court may restrain the holding of the meeting at which the appeal will be considered and may make any further order it thinks fit. 10.  The board of directors or any other person aggrieved by the member’s representations may apply to the court for an order permitting the board to refuse to distribute the representations and the court, if it is satisfied that paragraph 7 applies, may make any such order it thinks fit. 11.  If copies of a member’s representations are distributed under paragraph 4, the co-operative, the directors, officers and employees of the co-operative and persons acting on behalf of the co-operative, other than the member who makes the representations, do not incur any liability only by reason of distributing copies of the representations. 2013, c. 3, s. 3 (5). Transition (4) For clarity, paragraph 4 of subsection (2), as it read immediately before the day subsection 20 (3) of Schedule 8 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, continues to apply to a notice that was given before that day in respect of a board meeting to be held on or after that day. 2023, c. 9, Sched. 8, s. 20 (3). (5)-(8) Repealed: 2013, c. 3, s. 3 (5). Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006; 2006, c. 21, Sched. C, s. 103 (2) - 1/05/2007 2013, c. 3, s. 3 (1-5) - 1/06/2014 2023, c. 9, Sched. 8, s. 20 (1-3) - 01/10/2023 Termination by member of membership and occupancy rights