jswizzle3737/ontario_laws_and_regs huggingface dataset:
171.7 (1) The common law relating to landlord and tenant relationships and the Commercial Tenancies Act do not apply with respect to the member units of a non-profit housing co-operative. 2013, c. 3, s. 2. Same (1.1) The Residential Tenancies Act, 2006 does not apply with respect to the member units of a non-profit housing co-operative, except as otherwise provided in this Act or the
Residential Tenancies Act, 2006. 2013, c. 3, s. 2. Idem (2) A proceeding commenced under the Commercial Tenancies Act or the Residential Tenancies Act, 2006, by or against a co-operative, may be continued under that Act even if the co-operative becomes a non-profit housing co-operative.  1992, c. 19, s. 23; 1997, c. 24, s. 211 (2); 2006, c. 17, s. 250 (2). Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992; 1997, c. 24, s. 211 (1, 2) - 17/06/1998 2006, c. 17, s. 250 (1, 2) - 31/01/2007 2013, c. 3, s. 2 - 1/06/2014
171.8.1 (1) If a member of a non-profit housing co-operative does not have occupancy rights, the member may withdraw from membership in accordance with section 64 but, if the member has occupancy rights, his or her membership or occupancy rights may be terminated by the member only if both are terminated concurrently in accordance with subsection (2). 2013, c. 3, s. 4. Procedure for terminating membership, etc. (2) The following rules apply with respect to the termination of the membership and occupancy rights of a member of a non-profit housing co-operative who wishes to terminate his or her membership and occupancy rights: 1.  The member must give at least 60 days written notice to the co-operative of the member’s intention to terminate his or her membership and occupancy rights. 2.  The notice must specify the last day of a month as the date of the termination. 3.  The member may not withdraw the notice without the consent of the board of directors. 4.  Unless the notice is withdrawn with the consent of the board of directors, the member’s membership and occupancy rights are terminated on the termination date specified in the notice. 5.  If the member does not vacate the member unit on or before the termination date specified in the notice, the co-operative may obtain possession of the member unit by obtaining an order issued by the Landlord and Tenant Board under Part V.1 of the Residential Tenancies Act, 2006 terminating the member’s occupancy of the member unit and evicting the member. 2013, c. 3, s. 4. Period of notice, termination date end of February or March (3) A member who gives notice under this section specifying as the termination date the last day of February or the last day of March in any year is deemed to have given at least 60 days notice of the termination if the notice is given not later than January 1 of that year in respect of a termination date that is the last day of February, or February 1 of that year in respect of a termination date that is the last day of March. 2013, c. 3, s. 4. Repayment to member on withdrawal (4) Subsections 64 (3) to (6) apply with necessary modifications, and subject to section 67, to a termination of membership and occupancy rights under this section. 2013, c. 3, s. 4. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 4 - 1/06/2014
171.9 (1) If the membership and occupancy rights of a member of a non-profit housing co-operative would otherwise expire, the membership and occupancy rights shall, unless the person consents in writing to their expiry, be deemed to continue until they are terminated in accordance with this Act. Grounds required to terminate expired membership, etc. (2) Membership and occupancy rights that are deemed to continue under subsection (1) may not be terminated on the ground that their term has expired. Short fixed terms (3) If the membership and occupancy rights of a member of a non-profit housing co-operative are for a fixed term of less than one year and the co-operative gives the member written notice, in accordance with subsection (4), of the expiry of the term, the following apply instead of subsection (1): 1.  The membership and occupancy rights of the member expire unless the member gives the co-operative written notice, in accordance with paragraph 2, that the member wishes to continue his or her membership and occupancy rights. 2.  The notice described in paragraph 1 must be given within thirty days, or such longer period as may be set out in the by-laws, after the notice of the expiry of the term was given by the co-operative. 3.  If the member gives the notice described in paragraph 1, the member’s membership and occupancy rights are deemed to continue until they are terminated in accordance with this Act and they may not be terminated on the ground that their term has expired. 4.  Despite paragraph 3, the co-operative may require the member to move, at the end of the fixed term, to a comparable or superior member unit with comparable housing charges. Idem (4) The notice of expiry of the term given by the co-operative must be given at least thirty days, or such longer period as may be set out in the by-laws, before the end of the term.  1992, c. 19, s. 23. If member does not vacate by expiry date (5) If the member does not vacate the member unit on or before the expiry date set out in the notice given by the co-operative under subsection (3), the member’s membership and occupancy rights nevertheless expire on the expiry date and the co-operative may obtain possession of the member unit by obtaining an order issued by the Landlord and Tenant Board under Part V.1 of the Residential Tenancies Act, 2006 terminating the member’s occupancy of the member unit and evicting the member. 2013, c. 3, s. 5. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 5 - 1/06/2014 Student housing
171.9.1 (1) If a member who is a post-secondary student has membership and occupancy rights for a fixed term of less than one year in a non-profit housing co-operative that provides housing units primarily for post-secondary students, this section applies and section 171.9 does not apply to the member. 2013, c. 3, s. 6. Termination notice (2) A member described in subsection (1) may give notice to the co-operative to terminate his or her membership and occupancy rights on a fixed day, (a)  at the time he or she takes occupancy of the member unit or enters into an occupancy agreement with the co-operative; or (b)  as a condition of taking occupancy of the member unit or entering into an occupancy agreement with the co-operative. 2013, c. 3, s. 6. Agreement to terminate (3) If a member described in subsection (1) enters into an agreement, at the time he or she takes occupancy of the member unit or enters into an occupancy agreement with the co-operative or as a condition of taking occupancy or entering into an occupancy agreement with the co-operative, to terminate his or her membership and occupancy rights on a fixed day, he or she is deemed to have given the notice described in subsection (2). 2013, c. 3, s. 6. If student does not vacate by termination date (4) If the member does not vacate the member unit on or before the termination date set out in the notice described in subsection (2) or (3), the member’s membership and occupancy rights nevertheless terminate on the termination date and the co-operative may obtain possession of the member unit by obtaining an order issued by the Landlord and Tenant Board under Part V.1 of the Residential Tenancies Act, 2006
terminating the member’s occupancy of the member unit and evicting the member. 2013, c. 3, s. 6. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 6 - 1/06/2014
171.10 A non-profit housing co-operative is entitled to compensation for the use and occupation of a member unit by a member who does not vacate the member unit after his or her membership and occupancy rights are terminated or expire. 2013, c. 3, s. 7. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 7 - 1/06/2014
171.11 The acceptance by a non-profit housing co-operative of arrears of housing charges or compensation for occupation of a member unit does not operate as a waiver of any right the co-operative has, or any step the co-operative has taken, to terminate a person’s membership and occupancy rights or to take possession of the unit.  1992, c. 19, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992
171.12 (1) Unless a member unit is vacant, a non-profit housing co-operative may obtain possession of the member unit only after the member’s membership and occupancy rights are terminated under section 171.8, 171.8.1 or 171.9.1 or expire under section 171.9, and only by one of the following means: 1.  If Part V.1 of the Residential Tenancies Act, 2006 applies, by obtaining an order issued by the Landlord and Tenant Board terminating the member’s occupancy of the member unit and evicting the member, in accordance with that Act. 2.  If Part V.1 of the Residential Tenancies Act, 2006 does not apply, by obtaining a writ of possession from the court under this Act. 2013, c. 3, s. 8. Timing of service of notice of termination (2) If Part V.1 of the Residential Tenancies Act, 2006 applies in respect of a termination of a member’s membership and occupancy rights under section 171.8 of this Act, the co-operative shall not serve a notice of termination on the member under that Part until, (a)  the expiry of the appeal period under paragraph 2 of subsection 171.8 (3) if the member did not appeal the board’s decision to terminate his or her membership and occupancy rights; or (b)  the disposition or abandonment of the appeal if the member did appeal the board’s decision to terminate his or her membership and occupancy rights. 2013, c. 3, s. 8. Transition (3) If a non-profit housing co-operative has made an application for a writ of possession under this Act and the court has not made a determination on that application before the day this subsection comes into force, the co-operative may, (a)  continue the application; or (b)  if Part V.1 of the Residential Tenancies Act, 2006 applies, discontinue the application and follow the procedures under that Act to apply to the Landlord and Tenant Board for an order terminating the member’s occupancy of the member unit and evicting the member. 2013, c. 3, s. 8. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 8 - 1/06/2014 Membership, etc., reinstated
171.12.1 (1) If, after a person’s membership and occupancy rights are terminated under section 171.8, 171.8.1 or 171.9.1, or expire under section 171.9, an application is made under this Act for a writ of possession or under Part V.1 of the Residential Tenancies Act, 2006 for an order terminating the person’s occupancy of a member unit and evicting the person and, after final disposition of the application, no writ of possession or eviction order is issued and the person is still in possession of the member unit, the person’s membership and occupancy rights are deemed to have not terminated or expired. 2013, c. 3, s. 8. Termination notice or eviction order void (2) If, after a person’s membership and occupancy rights are terminated under section 171.8, 171.8.1 or 171.9.1, or expire under section 171.9, a notice of termination is given or an application is made under Part V.1 of the Residential Tenancies Act, 2006 for an order terminating the person’s occupancy of a member unit and evicting the person and the notice of termination or eviction order becomes void, or the eviction order expires, and the person is still in possession of the member unit, the person’s membership and occupancy rights are deemed to have not terminated or expired. 2013, c. 3, s. 8. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 8 - 1/06/2014
171.15 (1) An application under section 171.13 relating to a member unit shall be made, heard and determined in the county or district in which the unit is located. 1992, c. 19, s. 23; 2013, c. 3, s. 11 (1). Idem (2) An application under section 171.13 shall be heard and determined in a summary way. 1992, c. 19, s. 23; 2013, c. 3, s. 11 (2). Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 11 (1, 2)
- 01/06/2014
171.16 (1) An appeal lies to the Divisional Court from a final order of a judge under section 171.13. 1992, c. 19, s. 23; 2013, c. 3, s. 12 (1). Payment of housing charges, etc. (2) If a payment of arrears of housing charges or compensation under section 171.10 has been made under subsection 171.13 (7) in respect of a ground of dispute that is a subject of appeal, no notice of appeal may be filed, other than by the co-operative, until any additional housing charges or compensation accruing to the date of the filing of the notice has been paid to the local registrar of the court and evidence of payments made under this subsection and subsection 171.13 (7) shall accompany the notice. 1992, c. 19, s. 23; 2006, c. 19, Sched. C, s. 1 (1); 2013, c. 3, s. 12 (2). 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 2013, c. 3, s. 12 (1, 2) - 1/06/2014
171.17 The judge of the court may, if the order has become final, on the application of any of the parties, direct the local registrar to pay money held by him or her under subsection 171.13 (7) or 171.16 (2) to the person entitled to it. 1992, c. 19, s. 23; 2006, c. 19, Sched. C, s. 1 (1); 2013, c. 3, s. 13. 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 2013, c. 3, s. 13
- 1/06/2014
171.18 (1) A party to an application under section 171.13 may be represented by a person authorized under the Law Society Act to represent the party. 2006, c. 21, Sched. C, s. 103 (3); 2013, c. 3, s. 14 (1). Exclusion of representatives (2) A judge of the court may exclude from a hearing anyone, other than a person who is licensed under the Law Society Act, appearing on behalf of a party if the judge finds that such person is not competent properly to represent or to advise the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate or adviser. 2006, c. 21, Sched. C, s. 103 (3); 2013, c. 3, s. 14 (2). 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 (3) - 1/05/2007 2013, c. 3, s. 14 (1, 2) - 1/06/2014
171.19 If more than one person has a common interest in respect of an application under this Part, one or more of those persons may be authorized by a judge of the court to make or defend an application on behalf of or for the benefit of all. 1992, c. 19, s. 23; 2006, c. 19, Sched. C, s. 1 (1); 2013, c. 3, s. 15. 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 2013, c. 3, s. 15 - 1/06/2014
171.20 (1) Subject to subsections (2), (4) and (5), a judge of the court may admit any oral testimony or any document or thing as evidence at a hearing under section 171.13 and may act on such evidence. 2013, c. 3, s. 16. Idem (2) The evidence need not be given or proven under oath or affirmation or admissible as evidence in a court as long as it is relevant to the subject-matter of the proceeding.  1992, c. 19, s. 23. Repetitious evidence (3) The judge may exclude anything unduly repetitious.  1992, c. 19, s. 23. What evidence is inadmissible (4) Nothing is admissible in evidence at a hearing, (a)  that would be inadmissible in a court by reason of any privilege under the law of evidence; or (b)  that is inadmissible by any statute.  1992, c. 19, s. 23. Conflicts (5) Nothing in subsection (1) or (2) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding.  1992, c. 19, s. 23. Copies (6) If a judge is satisfied as to their authenticity, a copy of a document or other thing may be admitted as evidence at a hearing.  1992, c. 19, s. 23. Photocopies (7) If a document has been filed in evidence at a hearing, the judge may, or the person producing it or entitled to it may with the leave of the judge, cause the document to be photocopied and the judge may authorize the photocopy to be filed in evidence in the place of the document filed and release the document filed, or may furnish to the person producing it or the person entitled to it a photocopy of the document filed certified by the judge.  1992, c. 19, s. 23. Certified copy admissible in evidence (8) A document purporting to be a copy of a document filed in evidence at a hearing, certified to be a true copy of it by the judge, is admissible in evidence in a proceeding in which the document is admissible as evidence of the document.  1992, c. 19, s. 23. 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 2013, c. 3, s. 16 - 1/06/2014
171.20.1 Where grounds for terminating a member’s membership and occupancy rights have otherwise been established, the court shall not set aside or otherwise invalidate the decision of a non-profit housing co-operative to terminate the member’s membership and occupancy rights on the ground that a procedural irregularity has occurred if, (a)  the irregularity is, (i)  an irregularity in the content or service of any form, notice or other document, (ii)  an irregularity in the conduct of the meeting of the co-operative’s board of directors held pursuant to subsection 171.8 (2), (iii)  an irregularity in the conduct of the meeting of the members of the co-operative held pursuant to subsection 171.8 (3), or (iv)  an inadvertent failure to comply with any time requirements; (b)  the irregularity is not shown to have affected the decision of the co-operative in a material way; and (c)  the interests of any person were not adversely affected in a material way by the irregularity. 2013, c. 3, s. 17. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 17 - 1/06/2014
171.21 (1) Upon an application by a co-operative for a writ of possession relating to a member unit, a judge may, despite any other provision of this Act or the co-operative’s by-laws, (a)  refuse to grant the application if he or she is satisfied, having regard to all the circumstances, that it would be unfair to grant it; (b)  order that the enforcement of the writ of possession be postponed for a period not exceeding one week. Idem (2) If the member who had occupancy rights to the member unit has died or has left the unit and none of the persons who are occupying the unit are members or have occupied the unit continuously for the three years preceding the day the application for a writ of possession was made, the judge may refuse to grant the application under clause (1) (a) only as required by subsection (3). Idem (3) Without restricting the generality of subsection (1), the judge shall refuse to grant the application if he or she is satisfied that, (a)  the co-operative has contravened the Act or its articles or by-laws and the contravention is material and relevant to the application; (b)  a reason for the application being brought is that the person against whom an order is sought has complained to any governmental authority of the co-operative’s violation of any statute or municipal by-law dealing with health or safety standards including any housing standard or by-law; (c)  a reason for the application being brought is that the person against whom an order is sought has attempted to secure or enforce his or her legal rights; or (d)  a reason for the application being brought is that the member unit is occupied by children, provided that the occupation by the children does not constitute overcrowding and the unit is suitable for children.  1992, c. 19, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992
171.22 A non-profit housing co-operative shall not, (a)  withhold reasonable supply of any vital services, such as heat, fuel, electricity, gas, water, food or other vital service, that it is the co-operative’s obligation to supply under the by-laws, or deliberately interfere with the supply of any such vital service whether or not it is the co-operative’s obligation to supply such service, during the occupation of the member unit and until the date on which a writ of possession under this Act or an eviction order under Part V.1 of the Residential Tenancies Act, 2006
is executed; or (b)  substantially interfere with the reasonable enjoyment of the member unit for all usual purposes by a member or former member or by members of his or her household with intent to cause the member or former member to give up possession of the premises or to refrain from asserting any of the rights provided by this Act or provided by the by-laws. 1992, c. 19, s. 23; 2013, c. 3, s. 18. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 18 - 1/06/2014 Service re termination, expiry of membership and occupancy rights
171.23 (1) A notice or other document required to be given to or served on a person in relation to the termination or expiry of the membership and occupancy rights of a member of a non-profit housing co-operative or in relation to the obtaining of a writ of possession under this Act is sufficiently given or served, (a)  by handing it to the person; (b)  by handing it to an apparently adult person in the member unit; (c)  by leaving it in the mail box where mail is ordinarily delivered to the person; (d)  if there is no mail box, by sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the person; or (e)  by sending it by mail to the last known address where the person resides or carries on business. 2013, c. 3, s. 19. Service on the co-operative (2) A notice or other document required to be given to or served on a non-profit housing co-operative in relation to the termination or expiry of the membership and occupancy rights of a member of the co-operative or in relation to the obtaining of a writ of possession under this Act is sufficiently given or served, (a)  by delivering it personally or sending it by mail to, (i)  the head office of the co-operative as shown on the records of the Ministry, or (ii)  the co-operative’s business office; or (b)  by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex to which the notice or document relates. 2013, c. 3, s. 19. Deemed delivery (3) If a document is given or served by mail, it is deemed to have been given or served on the fifth day after the date of mailing. 2013, c. 3, s. 19. Other methods of service (4) A judge may order any other method of service in respect of any matter before him or her. 2013, c. 3, s. 19. When notice deemed valid (5) A notice or other document that is not given or served in accordance with this section is deemed to have been validly given or served if it is proven that its contents actually came to the attention of the co-operative, the member or the other person or entity for whom it was intended within the required time period. 2013, c. 3, s. 19. Non-application of s. 172 (6) Section 172 does not apply if this section applies. 2013, c. 3, s. 19. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2013, c. 3, s. 19 - 1/06/2014
171.24 No non-profit housing co-operative or servant or agent of such a co-operative shall restrict reasonable access to the housing units of the co-operative by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly, any office in a municipal government or a school board for the purpose of canvassing or distributing election material.  1992, c. 19, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992
171.25 No non-profit co-operative shall distrain for non-payment of housing charges or compensation under section 171.10 even if a right of distress was acquired before this section comes into force.  1992, c. 19, s. 23. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 General Notices
172.1 (1) If a notice or other document is required to be sent to the Minister under this Act, the Minister may accept a copy of it if it meets the Director’s requirements established under this Act. 2020, c. 7, Sched. 6, s. 3. Copy deemed original (2) A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Minister. 2020, c. 7, Sched. 6, s. 3. Endorsement or issuance (3) An endorsement or issuance by the Minister under this Act in respect of a notice or other document, including articles and applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents. 2020, c. 7, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 3 - 12/05/2020
172.2 For greater certainty, in respect of requirements under this Act respecting the signing of articles, applications and other documents filed with the Minister, any articles, applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act. 2020, c. 7, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 3 - 12/05/2020 Note: On the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force, the Act is amended by adding the following section: (See: 2020, c. 7, Sched. 6, s. 4) Documents filed under Alternative Filing Methods for Business Act, 2020 172.3 Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act. 2020, c. 7, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 4 - not in force
173 (1) Every person who makes or assists in making a statement in any document required by or for the purposes of this Act or the regulations that, at the time and in the light of the circumstances under which it was made, is false or misleading in respect of any material fact or that omits to state any material fact the omission of which makes the statement false or misleading is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both. Defence (2) No person is guilty of an offence under subsection (1) if the person did not know that the statement was false or misleading and in the exercise of reasonable diligence could not have known that the statement was false or misleading.  R.S.O. 1990, c. C.35, s. 173.
174 (1) Every person who fails to file with the Minister any document that this Act requires to be filed with the Minister is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or, if such person is a corporation, to a fine of not more than $50,000.  1997, c. 28, s. 42; 2018, c. 17, Sched. 9, s. 5, 12. Idem (2) Where a corporation is guilty of an offence under subsection (1), every director or officer thereof who authorized, permitted or acquiesced in such offence is also guilty of an offence and on conviction is liable to a fine of not more than $10,000.  R.S.O. 1990, c. C.35, s. 174 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 42 - 1/07/1998 2018, c. 17, Sched. 9, s. 5, 12 - 08/06/2019 175 Repealed:  1997, c. 28, s. 43. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 43 - 1/01/1998
176 (1) Except where otherwise provided, every person who commits an act contrary to or fails or neglects to comply with any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or, if such person is a corporation, to a fine of not more than $100,000. Idem (2) Where a corporation is guilty of an offence under subsection (1), every director or officer thereof who authorized, permitted or acquiesced in the offence is also guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. C.35, s. 176.
177 No proceeding for an offence under this Act shall be started more than two years after the facts on which the proceedings are based first came to the knowledge of the Minister. 1999, c. 12, Sched. I, s. 1 (15); 2017, c. 34, Sched. 9, s. 20; 2018, c. 17, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 1 (15) - 22/12/1999 2017, c. 34, Sched. 9, s. 20 - 29/10/2018 2018, c. 17, Sched. 9, s. 12 - 08/06/2019
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. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 44 - 1/07/1998 2017, c. 34, Sched. 9, s. 21 (1, 2) - 29/10/2018 2018, c. 17, Sched. 9, s. 6 - 08/06/2019
179 (1) The Minister may require that any fact relevant to the performance of the duties of the Minister under this Act or the regulations be verified by affidavit or otherwise. 2018, c. 17, Sched. 9, s. 7 (1). Oaths at hearings (2) For the purpose of holding a hearing under this Act, the Minister may administer oaths to witnesses and require them to give evidence under oath.  R.S.O. 1990, c. C.35, s. 179 (2); 1997, c. 28, s. 45 (2); 2018, c. 17, Sched. 9, s. 7 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 45 (1, 2) - 1/07/1998 2018, c. 17, Sched. 9, s. 7 (1, 2) - 08/06/2019
180 (1) The Minister shall cause notice to be published forthwith in The Ontario Gazette, (a)  of the issue of every certificate under section 6, 9, 154, 155, 157, 158 or 165; (b)  of the issue of every order under section 166 or 167; (c)  of the filing of a certified copy of an order under subsection 205 (6) or subsection 218 (2) of the Business Corporations Act; (d)  of the filing of a notice by a liquidator under subsection 205 (2) of the Business Corporations Act.  R.S.O. 1990, c. C.35, s. 180; 1997, c. 28, s. 46 (1). Same, by Minister (2) The Minister shall cause to be published forthwith in The Ontario Gazette notice of the issue of every order under section 118.  1997, c. 28, s. 46 (2) ; 2018, c. 17, Sched. 9, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 46 (1, 2) - 1/07/1998 2018, c. 17, Sched. 9, s. 13 - 08/06/2019
181 (1) Upon payment of the fee established by the Minister, any person is entitled to examine any document filed or issued under this Act or any predecessor thereof, and to make extracts from the document. 2018, c. 17, Sched. 9, s. 8. Certifications by Minister (2) Upon payment of the fee established by the Minister, the Minister shall furnish any person with a certificate as to whether or not a document has been filed with or issued by the Minister under this Act or any predecessor thereof or with a certified copy of any such document.  R.S.O. 1990, c. C.35, s. 181 (2); 1997, c. 19, s. 3 (20). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 3 (20) - 10/10/1997; 1997, c. 28, s. 47 - 1/07/1998 2018, c. 17, Sched. 9, s. 8
- 08/06/2019
182 (1) Where this Act requires or authorizes the Minister to issue a certificate or certify any fact, the certificate shall be signed by the Minister or by a public servant who is employed under Part III of the Public Service of Ontario Act, 2006 and who is designated by the regulations.  R.S.O. 1990, c. C.35, s. 182 (1); 1997, c. 28, s. 48 (1); 2017, c. 34, Sched. 9, s. 22. Certificates of evidence (2) Any certificate issued by the Minister and signed by a person authorized by or under subsection (1), or any certified copy, is receivable in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts so certified without proof of the signature or the official position of the person appearing to have signed the certificate.  R.S.O. 1990, c. C.35, s. 182 (2); 1997, c. 28, s. 48 (2). Reproduction of signature (3) For the purposes of this section, any signature of the Minister or of a public servant designated by the regulations may be printed or otherwise mechanically or electronically reproduced. 2019, c. 15, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 48 (1, 2) - 1/01/1998 2017, c. 34, Sched. 9, s. 22 - 29/10/2018 2019, c. 15, Sched. 8, s. 15 - 10/12/2019
183 (1) Where the Minister refuses to file any articles or any other document required by this Act to be filed by the Minister before it becomes effective, he or she shall give written notice to the person who delivered the articles or other document of his or her refusal, specifying the reasons therefor. Failure to act deemed refusal (2) Where, within six months after the delivery to the Minister of articles or other document referred to in subsection (1), the Minister has not filed or refused to file such articles or other document, the Minister shall be deemed for the purposes of section 184 to have refused to file it.  R.S.O. 1990, c. C.35, s. 183.
184 (1) Any person who feels aggrieved by a decision of the Minister to, (a)  refuse to file articles or any other document or to issue any certificate required by this Act to be filed or issued; (b)  issue or refuse to issue a certificate of amendment under subsection 9 (2), (3) or (4); (c)  issue a certificate of amendment under section 143 or 152; (d)  issue an order under section 166, may appeal the decision to the Divisional Court. R.S.O. 1990, c. C.35, s. 184 (1); 2017, c. 34, Sched. 9, s. 23; 2019, c. 15, Sched. 8, s. 16. Certificate of Minister (2) The Minister shall certify to the Divisional Court, (a)  the decision of the Minister, together with a statement of the reasons therefor; (b)  the record of any hearing; and (c)  all written submissions to the Minister or other material that is relevant to the appeal. R.S.O. 1990, c. C.35, s. 184 (2). Representation (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. C.35, s. 184 (3). Order of court (4) Where an appeal is taken under this section, the Divisional Court may by its order direct the Minister to make such decision or to do such other act as the Minister is authorized and empowered to do under this Act and as the court thinks proper, having regard to the material and submissions before it and to this Act, and the Minister shall make such decision or do such act accordingly. R.S.O. 1990, c. C.35, s. 184 (4). Minister may make further decision (5) Despite an order of the Divisional Court, the Minister has power to make any further decision upon new material or where there is a material change in the circumstances, and every such decision is subject to this section. R.S.O. 1990, c. C.35, s. 184 (5). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 9, s. 23 - 29/10/2018 2019, c. 15, Sched. 8, s. 16 - 10/12/2019
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.
185.1 (1) Proceedings and other activities that, on the day section 12 of Schedule 9 to the Restoring Trust, Transparency and Accountability Act, 2018
comes into force, are commenced or conducted by the Superintendent, or to which the Superintendent is a party, and that are ongoing are deemed to be proceedings and other activities commenced or conducted by the Minister, or to which the Minister is a party, and shall be continued as such. 2018, c. 17, Sched. 9, s. 9. Definition of Superintendent (2) In subsection (1), “Superintendent” is a reference to the former position of Superintendent of Financial Services under the repealed Financial Services Commission of Ontario Act, 1997. 2020, c. 36, Sched. 14, s. 5 (2). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 9, s. 9 - 08/06/2019 2020, c. 36, Sched. 14, s. 5 (2) - 08/12/2020
185.2 (1) The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020, Note: On the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force, subsection 185.2 (1) of the Act is amended by striking out “in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020” at the end of the portion before clause (a). (See: 2020, c. 7, Sched. 6, s. 5 (2)) (a)  specifying whether and which articles, applications, other forms approved under section 187 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures; (b)  specifying and governing methods of executing articles, applications, other forms approved under section 187, supporting documents and statements, other than by signing them, and establishing rules respecting those methods; (c)  if this Act specifies requirements respecting the signing of articles, applications and other documents filed with the Minister, specifying and governing alternative requirements for their signing or providing that signing is not required; (d)  specifying requirements for co-operatives filing articles, applications and other forms approved under section 187, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Minister within the time period set out in the notice; (e)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Minister. 2020, c. 7, Sched. 6, s. 5 (1). Non-application of Legislation Act, 2006 (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1). 2020, c. 7, Sched. 6, s. 5 (1). Conflict (3) If there is a conflict between a requirement established under this section and a regulation made under this Act, the regulation prevails to the extent of the conflict. 2020, c. 7, Sched. 6, s. 5 (1). Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 5 (1) - 12/05/2020; 2020, c. 7, Sched. 6, s. 5 (2) - not in force
187 (1) The Minister may require that forms approved by the Minister be used for any purpose under this Act. 2018, c. 17, Sched. 9, s. 11. Fees (2) The Minister may, by order, establish and charge fees, and provide for the waiver or refund of all or any part of any of those fees, (a)  for anything that the Minister is required or authorized to do under this Act; and (b)  for search reports, copies of documents or information, filing of documents or other services under this Act. 2018, c. 17, Sched. 9, s. 11. Non-application of Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made by the Minister under subsection (2). 2018, c. 17, Sched. 9, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 19, s. 3 (23) - 10/10/1997; 1999, c. 12, Sched. I, s. 1 (16, 17) - 22/12/1999 2015, c. 20, Sched. 7, s. 2 - no effect - see 2018, c. 17, Sched. 9, s. 14 - 06/12/2018 2017, c. 34, Sched. 9, s. 24 - 29/10/2018 2018, c. 17, Sched. 9, s. 11 - 06/12/2018 188-190 Repealed: 2023, c. 9, Sched. 8, s. 23. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 6 - 17/03/2020; 2020, c. 7, Sched. 6, s. 8 - no effect - see 2023, c. 9, Sched. 8, s. 24 - 08/06/2023 2023, c. 9, Sched. 8, s. 23 - 01/10/2023 Schedule Repealed: 2023, c. 9, Sched. 8, s. 23. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 6, s. 7 - 17/03/2020; 2020, c. 7, Sched. 6, s. 8 - no effect - see 2023, c. 9, Sched. 8, s. 24 - 08/06/2023 2023, c. 9, Sched. 8, s. 23 - 01/10/2023 ______________  Français
but this Act does not apply to a corporation to which the Credit Unions and Caisses Populaires Act, 2020 applies. R.S.O. 1990, c. C.35, s. 3; 2015, c. 20, Sched. 7, s. 1; 2020, c. 36, Sched. 7, s. 304 (1). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 7, s. 304 (1) - 01/03/2022 Incorporation
but the articles may confine the manner of selection to one or more of the methods referred to in clause (a), (b), (c) or (d).  2004, c. 31, Sched. 8, s. 9. Redemption of shares of a series of preference shares (1.1) If the articles provide that the shares of a series of preference shares are redeemable without the consent of the holders of the shares and if only part of the series of preference shares are to be redeemed, the shares to be redeemed shall be selected in such manner as may be prescribed by regulation.  2004, c. 31, Sched. 8, s. 9. Insolvency (2) A co-operative shall not redeem shares under subsection (1) if the co-operative is insolvent or if the redemption would render the co-operative insolvent.  R.S.O. 1990, c. C.35, s. 31 (2). Method of redemption (3) Where shares of a class of preference shares are selected in the manner referred to in clause (1) (c), the selection shall be consented to in writing by, (a)  all the holders of the preference shares of the class; or (b)  at least 95 per cent of the holders of the preference shares of the class holding at least 95 per cent of the issued shares of that class if, after twenty-one days notice has been given by sending notice to each of the holders of shares of that class addressed to the holder at the holder’s latest address as shown on the records of the co-operative, none of the holders of shares of that class dissents in writing to the co-operative.  R.S.O. 1990, c. C.35, s. 31 (3). Idem (4) Where a holder of redeemable preference shares of a co-operative dies or leaves its employment, despite subsection (1), it may within one year of such event redeem all or any of the preference shares held by the holder.  R.S.O. 1990, c. C.35, s. 31 (4). Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 8, s. 9 - 31/08/2007
except only as evidence of the rights of the parties thereto towards each other.  R.S.O. 1990, c. C.35, s. 40; 1994, c. 17, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 17, s. 2 - 23/06/1994
except only as evidence of the rights of the parties thereto towards each other.  R.S.O. 1990, c. C.35, s. 62.
any member who has voted against the confirmation of the resolution may within ten days after the date of the meeting give notice in writing to the co-operative requiring it to purchase the member’s shares or refund the amount outstanding on loans made to the co-operative by the member together with any interest accrued thereon. Co-operative bound to purchase shares (2) Within ninety days from, (a)  the date of the completion of the sale, lease, exchange or other disposition; (b)  the date set forth in the certificate of amendment or amalgamation; or (c)  the date of delivery to the Minister of a request in writing for the Minister’s authorization under section 159, the co-operative, or amalgamated co-operative, shall purchase the shares of, or refund the amount outstanding on loans made to the co-operative by, every member who has given notice under subsection (1), and every such member shall sell or deliver up the member’s securities to the co-operative.  R.S.O. 1990, c. C.35, s. 69 (1, 2). Purchase price (3) The amount and terms of the purchase of a member’s shares shall be at their fair value, as determined by regulation, or at a lesser amount agreed to by the co-operative and the member, together with the payment of all amounts held to the member’s credit together with interest accrued thereon.  1994, c. 17, s. 22. Idem (4) The amount and terms of the repayment of any loans made by the member to the co-operative shall be at the full amount outstanding together with any interest accrued thereon and unpaid. Saving (5) The co-operative shall not purchase any shares or repay any member’s loans under subsection (2) or (3) if it is insolvent or if the purchase or repayment would render it insolvent. Idem (6) If the sale, lease, exchange or other disposition is not completed, the certificate of amendment or amalgamation is not issued, or the authorization of the Minister is not given, the rights of the dissenting member under this section cease and the co-operative shall not purchase the shares of the member nor refund the amount outstanding on loans made to the co-operative by the member under this section. Idem (7) Nothing in this section shall be construed to require a co-operative to repay a member’s term loan before the date of maturity.  R.S.O. 1990, c. C.35, s. 69 (4-7). Section Amendments with date in force (d/m/y) 1994, c. 17, s. 22 - 23/06/1994
shall be deemed to have consented thereto unless, (d)  his or her dissent is entered in the minutes of the meeting; (e)  the director files his or her written dissent with the person acting as secretary of the meeting before its adjournment; or (f)  the director delivers or sends his or her dissent by registered mail to the co-operative immediately after the adjournment of the meeting, and within seven days after complying with clause (d), (e) or (f) the director sends a copy of his or her dissent by registered mail to the Minister.  R.S.O. 1990, c. C.35, s. 101 (1); 1997, c. 28, s. 37; 2018, c. 17, Sched. 9, s. 13. Idem (2) A director who voted in favour of a matter referred to in subsection (1) is not entitled to dissent under subsection (1).  R.S.O. 1990, c. C.35, s. 101 (2). Consent of director not at meeting (3) A director who was not present at a meeting of the board of directors or any executive committee thereof when, (a)  the redemption or purchase of shares of the co-operative is authorized; (b)  the declaration and payment of a dividend is authorized; or (c)  the repayment of loans to members is authorized, shall be deemed to have consented thereto unless, (d)  the director delivers or sends to the co-operative by registered mail his or her dissent; or (e)  the director causes his or her dissent to be filed with the minutes of the meeting, within seven days after the director becomes aware of the authorization referred to in clause (a), (b) or (c) and unless, within seven days after complying with clause (d) or (e), the director sends a copy of his or her dissent by registered mail to the Minister.  R.S.O. 1990, c. C.35, s. 101 (3); 1997, c. 28, s. 37; 2018, c. 17, Sched. 9, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 37 - 1/07/1998 2018, c. 17, Sched. 9, s. 13 - 08/06/2019