Bill 65, Non-profit Housing Co-operatives Statute Law Amendment Act, 2012

Bill 65 2012

An Act to amend the Co-operative Corporations Act and the Residential Tenancies Act, 2006 in respect of non-profit housing co-operatives and to make consequential amendments to other Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Co-operative Corporations Act

   1.  The French version of clauses 50 (1) (a), (b) and (c) of the Co-operative Corporations Act is repealed and the following substituted:

    a)  contracter des emprunts sur le crédit de la coopérative;

    b)  émettre, vendre ou mettre en gage les titres de créance de la coopérative;

    c)  afin de garantir un titre de créance, un emprunt ou une autre dette ou obligation de la coopérative, grever, hypothéquer, nantir ou mettre en gage la totalité ou une partie des biens meubles ou immeubles présents ou futurs de la coopérative, y compris des comptes clients, des droits, des pouvoirs, des concessions et des engagements.

   2.  Subsection 171.7 (1) of the Act is repealed and the following substituted:

Application of landlord and tenant law

   (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.

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. 

   3.  (1)  Subsection 171.8 (2) of the Act is amended by striking out "instead of subsections 66 (1) to (5)" in the portion before paragraph 1 and substituting "instead of subsections 66 (1) to (3)".

   (2)  Paragraph 1 of subsection 171.8 (2) of the Act is repealed and the following substituted:

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

   (3)  Paragraph 4 of subsection 171.8 (2) of the Act is repealed and the following substituted:

    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.

   (4)  Paragraphs 8 to 14 of subsection 171.8 (2) of the Act are repealed and the following substituted:

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

   (5)  Subsections 171.8 (3) to (8) of the Act are repealed and the following substituted:

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. 

   4.  The Act is amended by adding the following section:

Termination by member of membership and occupancy rights

Withdrawal from membership

   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).

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.

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.

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.

   5.  Section 171.9 of the Act is amended by adding the following subsection:

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.

   6.  The Act is amended by adding the following section:

Student housing

Non-application of s. 171.9

   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.

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.

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).

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.

   7.  Section 171.10 of the Act is repealed and the following substituted:

Compensation if member unit not vacated

   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. 

   8.  Section 171.12 of the Act is repealed and the following substituted:

Repossession of a member unit

   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.

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.

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.

Membership, etc., reinstated

Writ or eviction order not issued

   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.

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.

   9.  (1)  Subsection 171.13 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Application for writ of possession

   (1)  After a person's membership and occupancy rights are terminated under section 171.8, or if there is no member occupying a member unit, the non-profit housing co-operative may apply to the court for an order,

.     .     .     .     .

   (2)  Section 171.13 of the Act is amended by adding the following subsection: 

Application for eviction order

   (1.1)  Subsection (1) does not apply in the circumstances in which Part V.1 of the Residential Tenancies Act, 2006 applies.

   (3)  Subsection 171.13 (13) of the Act is repealed.

   10.  Section 171.14 of the Act is repealed. 

   11.  (1)  Subsection 171.15 (1) of the Act is amended by striking out "or 171.14".   

   (2)  Subsection 171.15 (2) of the Act is amended by striking out "or 171.14".  

   12.  (1)  Subsection 171.16 (1) of the Act is amended by striking out "or 171.14" at the end.

   (2)  Subsection 171.16 (2) of the Act is amended by striking out "the Superior Court of Justice" and substituting "the court".

   13.  Section 171.17 of the Act is amended by striking out "the Superior Court of Justice" and substituting "the court".

   14.  (1)  Subsection 171.18 (1) of the Act is amended by striking out "or 171.14".  

   (2)  Subsection 171.18 (2) of the Act is amended by striking out "the Superior Court of Justice" and substituting "the court".

   15.  Section 171.19 of the Act is amended by striking out "the Superior Court of Justice" and substituting "the court".

   16.  Subsection 171.20 (1) of the Act is repealed and the following substituted:

What evidence is admissible

   (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. 

   17.  The Act is amended by adding the following section:  

Effect of procedural irregularities

   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.

   18.  Clause 171.22 (a) of the Act is amended by striking out "until the date on which a writ of possession is executed" and substituting "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".

   19.  Section 171.23 of the Act is repealed and the following substituted:

Service re termination, expiry of membership and occupancy rights

Service on a person

   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.

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.

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.

Other methods of service

   (4)  A judge may order any other method of service in respect of any matter before him or her.

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.

Non-application of s. 172

   (6)  Section 172 does not apply if this section applies.

Residential Tenancies Act, 2006

   20.  Section 1 of the Residential Tenancies Act, 2006 is amended by adding the following subsection:

Exception, Part V.1

   (2)  Subsection (1) does not apply to Part V.1.  The purpose of Part V.1 is to provide protection to members of non-profit housing co-operatives from unlawful evictions under this Act and to allow non-profit housing co-operatives and their members access to the framework established under this Act for the adjudication of disputes related to the termination of occupancy in a member unit of a non-profit housing co-operative.  

   21.  (1)  Subsection 2 (1) of the Act is amended by adding the following definition:

"member unit" has the same meaning as in the Co-operative Corporations Act; ("logement réservé aux membres)

   (2)  The definitions of "Minister" and "Ministry" in subsection 2 (1) of the Act are repealed and the following substituted:

"Minister" means the Minister of Municipal Affairs and Housing or such other member of the Executive Council to whom responsibility for the administration of this Act, or any Part or provision of this Act, may be assigned or transferred under the Executive Council Act; ("ministre")

"Ministry" means the ministry of the Minister; ("ministère")

   (3)  The definition of "non-profit housing co-operative" in subsection 2 (1) of the Act is repealed and the following substituted:

"non-profit housing co-operative" means a non-profit housing co-operative under the Co-operative Corporations Act, and "co-operative" has the same meaning; ("coopérative de logement sans but lucratif", "coopérative")

   (4)  The definition of "residential complex" in subsection 2 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

"residential complex", except in Part V.1, means,

.     .     .     .     .

   22.  (1)  Subsection 3 (1) of the Act is repealed and the following substituted:

Application of Act

   (1)  This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 

   (2)  Section 3 of the Act is amended by adding the following subsection:

Conflicts, non-profit housing co-operatives

   (1.1)  In interpreting a provision of this Act with respect to a member unit of a non-profit housing co-operative, if a provision in Part V.1 conflicts with a provision in another Part of this Act, the provision in Part V.1 applies.

   23.  Section 4 of the Act is amended by adding the following subsection:

Same, Part V.1

   (2)  Subject to section 194, in any proceeding under Part V.1, a provision in an occupancy agreement in respect of a member unit or a provision in a by-law of a non-profit housing co-operative that is inconsistent with Part V.1, or with a provision in another Part of this Act that applies to non-profit housing co-operatives and member units, does not apply, and the provision in this Act applies.

   24.  Clause 5 (c) of the Act is repealed and the following substituted:

   (c)  living accommodation that is a member unit of a non-profit housing co-operative, except for Part V.1, and except for those provisions in other Parts that are needed to give effect to Part V.1;

   25.  Subsection 37 (6) of the Act is repealed and the following substituted:

Application of subss. (4) and (5)

   (6)  Subsections (4) and (5) do not apply to rental units occupied by students of one or more post-secondary educational institutions,

  (a)  in a residential complex owned, operated or administered by or on behalf of the post-secondary educational institutions; or

  (b)  in a residential complex where a non-profit housing co-operative provides housing units primarily for post-secondary students.

   26.  Subsection 60 (1) of the Act is amended by striking out "his or her family occupying the rental unit" at the end and substituting "his or her household".

   27.  (1)  Subsection 74 (5) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   (2)  Clause 74 (15) (b) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   (3)  Subsection 74 (16) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   28.  Section 75 of the Act is amended by striking out "an application referred to under section 69" and substituting "an application under section 69".

   29.  The French version of subsection 89 (1) of the Act is amended by striking out "cause des dommages injustifiés, soit intentionnellement ou par sa négligence, au logement" and substituting "cause intentionnellement ou par sa négligence des dommages injustifiés au logement".

   30.  Section 90 of the Act is amended by striking out "his or her family" and substituting "his or her household".

   31.  The Act is amended by adding the following Part:

PART V.1
termination of occupancy - NON-PROFIT HOUSING CO-OPERATIVES

Interpretation

Interpretation

Definitions

   94.1  (1)  In this Part,

"housing charges" has the same meaning as in the Co-operative Corporations Act; ("frais de logement")

"member", except in the phrase, "members of his or her household", means a member as defined in the Co-operative Corporations Act or a person whose membership and occupancy rights in a co-operative have terminated or expired in accordance with that Act; ("membre")

"regular monthly housing charges" includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a member to a co-operative or the co-operative's agent for the right to occupy a member unit and for any services and facilities and any privilege, accommodation or thing that the co-operative provides for the member in respect of the occupancy of the member unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but does not include one-time, occasional or irregular charges, deposits, penalties or fines; ("frais de logement mensuels ordinaires")

"residential complex" means a building or related group of buildings in which one or more member units are located and includes all common areas and services and facilities available for the use of its residents. ("ensemble d'habitation")

Non-profit housing co-operative and member not a landlord-tenant relationship

   (2)  Nothing in this Part, and nothing elsewhere in this Act, shall be construed as altering the relationship between a non-profit housing co-operative and a member and, in particular, the relationship shall not be construed as being one of a landlord and tenant.

Notice of Termination of Occupancy by Co-operative

Notice of termination of occupancy

   94.2  (1)  After terminating a member's membership and occupancy rights in a non-profit housing co-operative under section 171.8 of the Co-operative Corporations Act, the co-operative may give the member notice of termination of the member's occupancy of a member unit under this Act in any of the following circumstances:

    1.  The member has persistently failed to pay the regular monthly housing charges on the date they became due and payable.

    2.  The member unit is in a residential complex described in paragraph 1, 2 or 3 of subsection 7 (1) and the member has ceased to meet the qualifications required for occupancy of the member unit.

    3.  The member fails to pay the regular monthly housing charges lawfully owing with respect to the member unit. 

    4.  The member unit is in a residential complex described in paragraph 1, 2 or 3 of subsection 7 (1) and the member has knowingly and materially misrepresented his or her income or that of other members of his or her household. 

    5.  The member or another occupant of the member unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the member unit or the residential complex.

    6.  The member, another occupant of the member unit or a person whom the member permits in the member unit or the residential complex wilfully or negligently causes undue damage to the member unit or the residential complex.

    7.  The member, another occupant of the member unit or a person whom the member permits in the member unit or the residential complex,

            i.  wilfully causes undue damage to the member unit or the residential complex, or

           ii.  uses the member unit or the residential complex in a manner that is inconsistent with use as residential premises and that causes or can reasonably be expected to cause damage that is significantly greater than the damage that is required in order to give a notice of termination under subparagraph i or paragraph 6. 

    8.  The conduct of the member, another occupant of the member unit or a person permitted in the residential complex by the member is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the co-operative or another member of the co-operative or occupant of the residential complex or substantially interferes with another lawful right, privilege or interest of the co-operative or another such member or occupant. 

    9.  An act or omission of the member, another occupant of the member unit or a person permitted in the residential complex by the member seriously impairs or has seriously impaired the safety of any person and the act or omission occurs in the residential complex.

  10.  The number of persons occupying the member unit on a continuing basis results in a contravention of health, safety or housing standards required by law.

  11.  A notice of termination given for a circumstance described in paragraph 6, 8 or 10 has become void as a result of the member's compliance with the terms of the notice and, within six months after the notice was given, an activity takes place, conduct occurs or a situation arises that constitutes the same circumstance under which the previous notice of termination was given.

Deemed termination of membership and occupancy rights

   (2)  Despite subsections 171.8 (1) and 171.12.1 (2) of the Co-operative Corporations Act, where the circumstance described in paragraph 11 of subsection (1) exists, the member's membership and occupancy rights are deemed to have been terminated for the purpose of giving a notice of termination of the member's occupancy of a member unit under this section.  

Form, contents of notice of termination

   94.3  (1)  A notice of termination under section 94.2 shall be in a form approved by the Board and shall,

  (a)  identify the member unit for which the notice is given;

  (b)  state the date on which the occupancy is to terminate; and

   (c)  be signed by a director of the co-operative giving the notice, a person authorized to act for the co-operative or the co-operative's agent.

Same

   (2)  The notice shall also set out the reasons for and details respecting the termination and inform the member that,

  (a)  if the member vacates the member unit in accordance with the notice, the occupancy terminates on the date set out in clause (1) (b);

  (b)  if the member does not vacate the member unit, the co-operative may apply to the Board for an order terminating the occupancy of the member unit and evicting the member; and

   (c)  if the co-operative applies for an order, the member is entitled to dispute the application.

Termination date and other requirements in notice

Persistent non-payment or ceasing to meet qualifications

   94.4  (1)  In a circumstance described in paragraph 1 or 2 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than the 60th day after the notice is given and the termination date shall be on the last day of a period of occupancy.

Non-payment of regular monthly housing charges

   (2)  In a circumstance described in paragraph 3 of subsection 94.2 (1), the notice of termination shall,

  (a)  provide a termination date not earlier than the 14th day after the notice is given;

  (b)  set out the amount of the regular monthly housing charges that is due; and

   (c)  specify that the member may avoid the termination of the occupancy by paying, on or before the termination date specified in the notice, the amount as set out in the notice and any additional regular monthly housing charges that have become due as at the date of payment by the member.  

Misrepresentation of income

   (3)  In a circumstance described in paragraph 4 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than the 20th day after the notice is given.

Illegal act, etc.

   (4)  In a circumstance described in paragraph 5 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than,

  (a)  the 10th day after the notice is given, in the case of a notice grounded on an illegal act, trade, business or occupation involving,

           (i)  the production of an illegal drug,

          (ii)  the trafficking in an illegal drug, or

         (iii)  the possession of an illegal drug for the purposes of trafficking; or

  (b)  the 20th day after the notice is given, in all other cases.

Damage

   (5)  In a circumstance described in paragraph 6 of subsection 94.2 (1), the notice of termination shall,

  (a)  provide a termination date not earlier than the 20th day after the notice is given; and

  (b)  require the member, within seven days,

           (i)  to repair the damaged property or pay to the co-operative the reasonable costs of repairing the damaged property, or

          (ii)  to replace the damaged property or pay to the co-operative the reasonable costs of replacing the damaged property, if it is not reasonable to repair the damaged property.

Damage, shorter notice period

   (6)  Despite subsection (5), in a circumstance described in paragraph 7 of subsection 94.2 (1), the notice of termination may provide a termination date not earlier than the 10th day after the notice is given and clause (5) (b) and subsection 94.5 (3) do not apply to this notice.

Interfering with reasonable enjoyment

   (7)  A notice of termination for a circumstance described in paragraph 8 of subsection 94.2 (1) shall,

  (a)  provide a termination date not earlier than the 20th day after the notice is given; and

  (b)  require the member, within seven days, to stop the conduct or activity or correct the omission set out in the notice.

Impairing safety

   (8)  In a circumstance described in paragraph 9 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than the 10th day after the notice is given.

Too many occupants

   (9)  In a circumstance described in paragraph 10 of subsection 94.2 (1), the notice of termination shall,

  (a)  provide a termination date not earlier than the 20th day after the notice is given; and

  (b)  require the member, within seven days, to reduce the number of persons occupying the member unit to comply with health, safety or housing standards required by law.

Further contravention

   (10)  In a circumstance described in paragraph 11 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than the 14th day after the notice is given.

Definitions

   (11)  In subsection (4),

"illegal drug" means a controlled substance or precursor as those terms are defined in the Controlled Drugs and Substances Act (Canada); ("drogue illicite")

"possession" has the same meaning as in the Controlled Drugs and Substances Act (Canada); ("possession")

"production" means, with respect to an illegal drug, to produce the drug within the meaning of the Controlled Drugs and Substances Act (Canada); ("production")

"trafficking" means, with respect to an illegal drug, to traffic in the drug within the meaning of the Controlled Drugs and Substances Act (Canada). ("trafic")

Where notice void

   94.5  (1)  A notice of termination under subsection 94.2 (1), other than a notice of termination for a circumstance described in paragraph 3 of that subsection, becomes void 30 days after the termination date specified in the notice unless,

  (a)  the member vacates the member unit before that time; or

  (b)  the co-operative applies for an order terminating the occupancy of the member unit and evicting the member before that time.

Same, if member pays regular monthly housing charges

   (2)  The notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1) is void if, before the day the co-operative applies to the Board for an order terminating the occupancy of the member unit and evicting the member based on the notice, the member pays,

  (a)  the regular monthly housing charges that are in arrears; and

  (b)  the additional regular monthly housing charges that would have been due as at the date of payment by the member had notice of termination not been given.

Same, if member repairs, replaces or pays for damaged property

   (3)  The notice of termination for a circumstance described in paragraph 6 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, complies with the requirement referred to in clause 94.4 (5) (b) or makes arrangements satisfactory to the co-operative to comply with that requirement.

Same, if member stops conduct, etc.

   (4)  The notice of termination for a circumstance described in paragraph 8 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, stops the conduct or activity or corrects the omission.

Same, if member reduces number of persons in member unit

   (5)  The notice of termination for a circumstance described in paragraph 10 of subsection 94.2 (1) is void if the member, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the member unit.

Effect of payment

   94.6  Unless a non-profit housing co-operative and member agree otherwise, the co-operative does not waive a notice of termination or reinstate a member's membership and occupancy rights by accepting arrears of the regular monthly housing charges or compensation for the use or occupation of a member unit after,

  (a)  the co-operative gives a notice of termination of the occupancy under section 94.2; or

  (b)  the Board makes an order terminating the member's occupancy and evicting the member.

Application by Co-operative - After Notice of Termination

Application to Board, after notice is given to member

   94.7  (1)  If a non-profit housing co-operative gives a member notice of termination of occupancy of the member unit under section 94.2, the co-operative may apply to the Board for an order terminating the member's occupancy of the member unit and evicting the member.

Same

   (2)  An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice, except where the application is based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1).

No application during remedy period

   (3)  A co-operative may not apply to the Board for an order terminating the occupancy of a member unit and evicting the member based on a notice of termination for a circumstance described in paragraph 6, 8 or 10 of subsection 94.2 (1) before the seven-day remedy period specified in the notice expires.

When application can be made for non-payment of housing charges

   (4)  A co-operative may not apply to the Board for an order terminating an occupancy and evicting the member based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1) before the day following the termination date specified in the notice. 

Immediate application

   94.8  Subject to subsections 94.7 (3) and (4), a co-operative that has given a member a notice of termination under section 94.2 may apply immediately to the Board under section 94.7 for an order terminating the occupancy of the member unit and evicting the member.

No jurisdiction re Co-operative Corporations Act

   94.9  In an application to the Board made under section 94.7 or 94.8, the Board shall not inquire into or make any determination as to whether the member's membership and occupancy rights were properly terminated under section 171.8 of the Co-operative Corporations Act.

Application by Co-operative - No Notice of Termination

Application to Board, without notice, based on member's withdrawal, consent or notice

   94.10  (1)  A co-operative may, without notice to the member, apply to the Board for an order terminating the member's occupancy of a member unit and evicting the member in any of the following circumstances:

    1.  The member gave written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act and the member has not withdrawn the notice under that section.

    2.  The member has consented in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act.

    3.  The member has not given a written notice under paragraph 1 of subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights.

    4.  The member gave notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act.

Affidavit

   (2)  The co-operative shall include with the application an affidavit verifying,

  (a)  the member's notice of intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act and his or her failure to withdraw the notice under that section;

  (b)  the member's consent in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act or his or her failure to give a written notice under paragraph 1 of subsection 171.9 (3) of that Act that he or she wishes to continue his or her membership and occupancy rights; or

   (c)  the member's notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act.

Same

   (3)  An application under subsection (1) shall not be made later than 30 days after the date on which the membership and occupancy rights terminated or expired under section 171.8.1, 171.9 or 171.9.1 of the Co-operative Corporations Act, as the case may be.    

Order

   (4)  On receipt of the application, the Board may make an order terminating the member's occupancy of the member unit and evicting the member.

Same

   (5)  An order under subsection (4) is not effective before the later of,  

  (a)  the date on which the co-operative applied to the Board under subsection (1); and

  (b)  the date on which the membership and occupancy rights terminated or expired under section 171.8.1, 171.9 or 171.9.1 of the Co-operative Corporations Act, as the case may be.

Motion to set aside order

   (6)  The member may make a motion to the Board, on notice to the co-operative, to have the order under subsection (4) set aside within 10 days after the order is issued.

Motion stays order

   (7)  An order under subsection (4) is stayed when a motion to have the order set aside is received by the Board and shall not be enforced under this Act or as an order of the Superior Court of Justice during the stay.

Order of Board

   (8)  If the member makes a motion under subsection (6), the Board shall, after a hearing,

  (a)  make an order setting aside the order under subsection (4), if,

           (i)  the member did not give written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act or the member withdrew the notice of intention to terminate with the consent of the board of directors,

          (ii)  the member did not consent in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act,

         (iii)  the member gave a written notice under subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights, or

         (iv)  the member did not give notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act;

  (b)  make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or

   (c)  make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order.

Application to Board, without notice, based on previous order, mediated settlement

   94.11  (1)  A non-profit housing co-operative may, without notice to the member, apply to the Board for an order terminating a member's occupancy of a member unit and evicting the member if the following criteria are satisfied:

    1.  The co-operative previously applied to the Board for an order terminating the member's occupancy of the member unit and evicting the member.

    2.  A settlement mediated under section 194 or an order made with respect to the previous application,

            i.  imposed conditions on the member that, if not met by the member, would give rise to the same grounds for terminating the member's occupancy of the member unit as were claimed in the previous application, and

           ii.  provided that the co-operative could apply under this section if the member did not meet one or more of the conditions described in subparagraph i.

    3.  The member has not met one or more of the conditions described in subparagraph 2 i.

Deemed termination of membership and occupancy rights

   (2)  Despite subsections 171.8 (1) and 171.12.1 (2) of the Co-operative Corporations Act, where the criteria described in subsection (1) are satisfied, the member's membership and occupancy rights under that Act are deemed to have been terminated for the purpose of this section. 

Application of s. 78 (2) to (12)

   (3)  Subsections 78 (2) to (12) apply with necessary modifications to an application under subsection (1), and for that purpose,

  (a)  "tenant" shall be read as "member";

  (b)  "landlord" shall be read as "non-profit housing co-operative";

   (c)  "rental unit" shall be read as "member unit";

  (d)  "tenancy" shall be read as "occupancy";

  (e)  "rent",

           (i)  in paragraphs 1 and 2 of subsection 78 (3) and in paragraph 1 of subsection 78 (4) shall be read as "the regular monthly housing charges",

          (ii)  in subparagraph 4 ii of subsection 78 (4) and in paragraph 2 and subparagraph 5 i of subsection 78 (7) shall be read as "the regular monthly housing charges and other housing charges, other than any refundable amounts";

    (f)  subsection 78 (4) shall be read as including the following paragraph:

         3.1  The amount of any additional other housing charges, other than any refundable amounts, arising after the date of the settlement or order.

  (g)  paragraph 5 of subsection 78 (4) shall be read as follows:

           5.  The amount of any damage deposit and other refundable amounts.

   (h)  "section 86" in paragraph 1 of subsection 78 (7) shall be read as "section 94.13";

    (i)  paragraph 4 and subparagraph 5 iii of subsection 78 (7) shall be read without "not exceeding the amount per cheque that is prescribed as a specified amount exempt from the operation of section 134" at the end;

    (j)  "rent deposit and interest on the deposit that would be owing to the tenant on the termination of the tenancy" in subsection 78 (8) shall be read as "damage deposit and other refundable amounts owing to the member on the termination of the member's occupancy of the member unit"; and

   (k)  the words and expressions that are the modifications in clauses (a) to (j) shall have the meanings given to them in this Part.

Refusal to Grant or Postponement of Termination of Occupancy and Eviction Orders

Power of Board to refuse order

   94.12  (1)  Upon an application under section 94.7, 94.8, 94.10 or 94.11 for an order terminating a member's occupancy of a member unit and evicting a member, the Board may, despite any other provision of this Act, the Co-operative Corporations Act, the by-laws of the co-operative or the occupancy agreement,

  (a)  refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

  (b)  order that the enforcement of the order be postponed for a period of time.

Mandatory review

   (2)  If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).

Circumstances where refusal required

   (3)  Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,

  (a)  the reason for the application being brought is that the member has attempted to secure or enforce his or her legal rights;

  (b)  the reason for the application being brought is that the member belongs to or participates in a members' association or is attempting to organize such an association; or

   (c)  the reason for the application being brought is that the member unit is occupied by children and the occupation by the children does not constitute overcrowding.

Compensation for Co-operative 

Compensation, member unit not vacated

   94.13  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 under the Co-operative Corporations Act.

Application for arrears, compensation

Arrears

   94.14  (1)  If a non-profit housing co-operative makes an application under section 94.7 based on a notice of termination for a circumstance described in paragraph 3 of subsection 94.2 (1), the co-operative may at the same time also apply to the Board for an order for the payment of arrears of the regular monthly housing charges if,

  (a)  the member has not paid the regular monthly housing charges lawfully owing by the member; and

  (b)  the member is in possession of the member unit.

Compensation, overholding member

   (2)  If a non-profit housing co-operative makes an application under section 94.7, 94.8, 94.10 or 94.11, and the member is in possession of the member unit after the member's membership and occupancy rights have terminated or expired under the Co-operative Corporations Act, the co-operative may at the same time also apply to the Board for an order for the payment of compensation for the use and occupation of the member unit after that termination or expiry.

Amount of arrears of regular monthly housing charges or compensation

   (3)  In determining the amount of arrears of the regular monthly housing charges, compensation or both owing in an order for termination of a member's occupancy of a member unit and the payment of arrears of regular monthly housing charges, compensation or both, the Board shall subtract from the amount owing the amount of any damage deposit and other refundable amounts that would be owing to the member on termination.

NSF cheque and other charges

   (4)  On an application by a co-operative under subsection (1), the Board may include the following amounts in determining the total amount owing to the co-operative by a member in respect of a member unit:

    1.  The amount of NSF cheque charges claimed by the co-operative and charged by financial institutions in respect of cheques tendered to the co-operative by or on behalf of the member, to the extent the co-operative has not been reimbursed for the charges.

    2.  The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the co-operative.

    3.  The amount of other unpaid housing charges, other than any refundable amounts, lawfully owing by the member.

Same

   (5)  On an application by a co-operative under subsection (2), the Board may include the following amounts in determining the total amount owing to the co-operative by a member in respect of a member unit:

    1.  The amount of NSF cheque charges claimed by the co-operative and charged by financial institutions in respect of cheques tendered to the co-operative by or on behalf of the member, to the extent the co-operative has not been reimbursed for the charges.

    2.  The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the co-operative.

Compensation for damage

   94.15  (1)  If a non-profit housing co-operative makes an application under section 94.7 or 94.8 based on a notice of termination for a circumstance described in paragraph 6 or 7 of subsection 94.2 (1), the co-operative may at the same time also apply to the Board for an order requiring the member to pay reasonable costs that the co-operative has incurred or will incur for the repair or, where repairing is not reasonable, the replacement of damaged property, if the member is in possession of the member unit and if the member, another occupant of the member unit or a person whom the member permitted in the residential complex,

  (a)  wilfully or negligently caused undue damage to the member unit or the residential complex where the notice of termination is based on a circumstance described in paragraph 6 of subsection 94.2 (1); or

  (b)  wilfully caused undue damage to the member unit or the residential complex where the notice of termination is based on a circumstance described in paragraph 7 of subsection 94.2 (1).

Same

   (2)  If the Board makes an order requiring payment under subsection (1) and for the termination of the member's occupancy of the member unit and the eviction of the member, the Board shall set off against the amount required to be paid the amount of any damage deposit and other refundable amounts that would be owing to the member on termination.

Board Proceedings

Application of ss. 74 to 90

   94.16  (1)  Subsections 74 (2) to (18) and sections 75, 76, 79 to 81, 84, 85 and 90 apply with necessary modifications to an application to and an order by the Board under this Part and for that purpose,

  (a)  "tenant" shall be read as "member";

  (b)  "landlord" shall be read as "non-profit housing co-operative";

   (c)  "rental unit" shall be read as "member unit";

  (d)  "residential complex" shall be read as it is defined in this Part;

  (e)  "tenancy" shall be read as "occupancy" and "a tenancy" shall be read as "an occupancy";

    (f)  "rent" shall be read as "the regular monthly housing charges";

  (g)  "during the period of the tenant's tenancy agreement with the landlord" shall be read as "during the period of the member's membership in the co-operative" and "during the period of the agreement" shall be read as "during that period".

Same

   (2)  In addition to the necessary modifications in subsection (1),

  (a)  subsection 74 (4) shall be read as if "and" at the end of clause (d) were struck out, and with the following additional clause:

      (d.1)  the amount of unpaid housing charges, other than any refundable amounts, payable by the member as allowed by the Board in an application by the co-operative under section 94.14; and

  (b)  subsection 74 (11) shall be read as including the following paragraph:

         4.1  The amount of unpaid housing charges, other than any refundable amounts, payable by the member as allowed by the Board in an application by the co-operative under section 94.14.

   (c)  a reference in subsection 76 (1) to the landlord or other tenants shall be read as referring to the co-operative or other members or occupants;

  (d)  section 90 shall be read as follows:

          Compensation, misrepresentation of income

   90.  If a co-operative has given a notice of termination under paragraph 4 of subsection 94.2 (1), the co-operative may, at the same time as it makes an application to the Board to terminate the occupancy of the member unit and evict the member, also apply to the Board for an order for the payment of money the member would have been required to pay if the member had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the member is in possession of the member unit.

  (e)  a reference to section 69, 78, 83, 86 or 87 shall be read as referring, respectively, to section 94.7, 94.11, 94.12, 94.13 or 94.14;

    (f)  a reference to a notice of termination under section 59, 60 or 61, clause 61 (2) (a), section 62, clause 63 (1) (a) or (b) or section 64, 66 or 67 shall be read as referring to a notice of termination for a circumstance described in paragraph 3, 4 or 5 of subsection 94.2 (1), clause 94.4 (4) (a), or paragraph 6, subparagraph 7 i or ii or paragraph 8, 9 or 10 of subsection 94.2 (1), respectively; and  

  (g)  the words and expressions that are the modifications in subsection (1) and in clauses (a) to (f) shall have the meanings given to them in this Part.

Offences

Offences

Offences requiring knowledge

   94.17  (1)  A person is guilty of an offence if the person knowingly,

  (a)  harasses, hinders, obstructs or interferes with a member in the exercise of,

           (i)  securing a right or seeking relief under this Act in respect of a matter governed by this Part,

          (ii)  participating in a proceeding under this Act in respect of a matter governed by this Part, or

         (iii)  belonging to or participating in a members' association or attempting to organize a members' association;

  (b)  harasses, hinders, obstructs or interferes with a non-profit housing co-operative in the exercise of,

           (i)  securing a right or seeking relief under this Act in respect of a matter governed by this Part, or

          (ii)  participating in a proceeding under this Act in respect of a matter governed by this Part; or

   (c)  obtains possession of a member unit improperly by giving a notice under this Act to terminate in bad faith.

Other offences

   (2)  A person is guilty of an offence if the person recovers possession of a member unit in a manner not authorized or permitted under this Act or the Co-operative Corporations Act.

Attempts

   (3)  Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. 

   32.  (1)  The French version of subsection 106 (3) of the Act is amended by striking out "Si le loyer légal augmente après que le locateur a versé l'avance de loyer" at the beginning and substituting "Si le loyer légal augmente après que le locataire a versé l'avance de loyer".

   (2)  The French version of subsection 106 (5) of the Act is amended by striking out "qu'il a reçue du produit de la vente" at the end and substituting "que le locataire a reçue du produit de la vente".

   33.  Section 172 of the Act is repealed and the following substituted:

Conflict of interest

   172.  The members of the Board shall file with the Board a written declaration of any interests they have in residential rental property or in a non-profit housing co-operative, and shall be required to comply with any conflict of interest guidelines or rules of conduct established by the Chair. 

   34.  Section 177 of the Act is repealed and the following substituted:

Information on rights and obligations

   177.  (1)  The Board shall provide information to landlords, tenants, non-profit housing co-operatives and members of non-profit housing co-operatives about their rights and obligations under this Act. 

Definition

   (2)  In subsection (1),

"member" has the same meaning as in Part V.1.

   35.  Sections 178 and 179 of the Act are repealed and the following substituted:

Employees

   178.  Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006.

Professional assistance

   179.  The Minister may engage persons other than members of or employees in the Board to provide professional, technical, administrative or other assistance to the Board and may establish the duties and terms of engagement and provide for the payment of the remuneration and expenses of those persons.

   36.  Section 182 of the Act is repealed and the following substituted:

Fee refunded, review

   182.  A fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act may be refunded if, on considering the request, the Board varies, suspends or cancels the original order.

   37.  Part XI of the Act is amended by adding the following sections:

Money appropriated by Legislature

   182.1  The money required for the purposes of the Board shall be paid out of the money appropriated for that purpose by the Legislature.

Status of money paid to Board

Revenues paid into CRF

   182.2  (1)  The revenues of the Board, other than money that is paid to the Board in trust under this Act, shall be paid into the Consolidated Revenue Fund.

Trust money to Board paid to Minister

   (2)  Despite Part I of the Financial Administration Act,

  (a)  the Board shall pay to the Minister money paid to the Board in trust under this Act; and

  (b)  the Minister may maintain in his or her name one or more accounts with an entity referred to in subsection 2 (2) of the Financial Administration Act, and place the money paid to the Minister under clause (a) into any of those accounts, subject to the same trusts on which the money was paid to the Board.

Payment out of money held in trust

   (3)  Where money has been paid to the Board in trust and no provision is made for paying it out elsewhere in this Act, it shall be paid out to the person entitled to receive it, together with interest at the prescribed rate.

Surplus interest

   (4)  Interest earned on money paid to the Board in trust that exceeds the interest earned at the prescribed rate vests in the Crown and shall be deposited in the Consolidated Revenue Fund.

No liability re interest above prescribed rate

   (5)  No claim shall be made for or on account of interest earned on money paid to the Board in trust under this Act that exceeds the interest earned on that money at the prescribed rate.

Definition

   (6)  In this section,

"money paid to the Board in trust" does not include fines, fees or costs paid to the Board.

Delegation of powers

   182.3  (1)  Any power conferred on the Minister under section 179 or 182.2 may be delegated by the Minister to the Chair or to a public servant employed under Part III of the Public Service of Ontario Act, 2006 and, when purporting to exercise a delegated power, the delegate shall be presumed conclusively to act in accordance with the delegation.

Subject to conditions, etc.

   (2)  A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.

Subdelegation

   (3)  In a delegation under subsection (1), the Minister may authorize a person to whom a power is delegated to delegate to others the exercise of the delegated power, subject to such limitations, conditions and requirements as the person may impose.

Deeds and contracts

   (4)  Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if signed by the Minister.

   38.  Part XII of the Act is amended by adding the following section: 

Definitions

   182.4  In this Part, "housing charges", "member" and "regular monthly housing charges" have the same meanings as in Part V.1. 

   39.  Subsection 186 (3) of the Act is repealed and the following substituted:

Same

   (3)  A landlord or a non-profit housing co-operative may combine several applications relating to a given tenant or member into one application, but a landlord may not combine an application for a rent increase with any other application. 

   40.  Section 187 of the Act is repealed and the following substituted:

Parties

   187.  (1)  The parties to an application are the landlord, or the non-profit housing co-operative, and any tenants, or members of the non-profit housing co-operative, or other persons directly affected by the application. 

Add or remove parties

   (2)  The Board may add or remove parties as the Board considers appropriate. 

   41.  Section 191 of the Act is amended by adding the following subsection: 

Same, Part V.1

   (1.1)  Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board,

  (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;

  (e)  by sending it by mail to the last known address where the person resides or carries on business;

    (f)  if the person is a non-profit housing co-operative,

           (i)  by delivering it personally or sending it by mail to,

                 (A)  the head office of the co-operative as shown on the records of the Ministry of Finance, or

                 (B)  the co-operative's business office, or

          (ii)  by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex, as defined in Part V.1, to which the notice or document relates; or

  (g)  by any other means allowed in the Rules.

   42.  (1)  Clause 196 (1) (a) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   (2)  Subsection 196 (2) of the Act is repealed and the following substituted:

Definition

   (2)  In subsection (1),

"fine, fee or costs" does not include money that is paid in trust to the Board pursuant to an order of the Board and that may be paid out to any party when the application is disposed of. 

   43.  (1)  Clause 201 (1) (a) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   (2)  Clause 201 (1) (b) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   (3)  Clause 201 (1) (c) of the Act is amended by striking out "an employee of the Board" and substituting "an employee in the Board".

   44.  Section 202 of the Act is amended by adding the following subsection:

Exception

   (2)  Subsection (1) does not apply to an application made under Part V.1.

   45.  Part XII of the Act is amended by adding the following section:

Determinations related to non-profit housing co-operative housing charges

   203.1  The Board shall not make determinations or review decisions in respect of non-profit housing co-operatives concerning,

  (a)  housing charges that have been established by a resolution of the members of a non-profit housing co-operative or, where authorized by the by-laws of the co-operative, by the board of directors of the co-operative;

  (b)  eligibility for, or the amount of, any subsidy established for the regular monthly housing charges; or

   (c)  eligibility for, or the amount of, any subsidy awarded to a member.

   46.  Subsection 205 (1) of the Act is repealed and the following substituted:

Order payment

   (1)  The Board may include in an order one of the following provisions:

    1.  "The landlord or the tenant shall pay to the other any sum of money that is owed as a result of this order."

    2.  "The non-profit housing co-operative or the member shall pay to the other any sum of money that is owed as a result of this order."

   47.  Section 206 of the Act is amended by adding the following subsections:

Application to non-profit housing co-operatives

   (10)  Where a non-profit housing co-operative has made an application under section 94.7 for an order terminating the occupancy of a member unit and evicting the member based on a notice of termination under paragraph 3 of subsection 94.2 (1) or has made that application and has also applied at the same time for payment of arrears of regular monthly housing charges, the Board may make an order including terms of payment without holding a hearing if,

  (a)  the parties have reached a written agreement resolving the subject matter of the application;

  (b)  the agreement has been signed by all parties; and 

   (c)  the agreement is filed with the Board before the hearing has commenced.

Same

   (11)  Subsections (2) to (9) apply with necessary modifications to an application under subsection (10) and for that purpose,

  (a)  "tenant" shall be read as "member";

  (b)  "landlord" shall be read as "non-profit housing co-operative";

   (c)  "tenancy" shall be read as "occupancy" and "a tenancy" shall be read as "an occupancy";

  (d)  "rent" shall be read as "the regular monthly housing charges"; and

  (e)  "section 78" shall be read as "section 94.11".

   48.  Subsection 206.1 (1) of the Act is amended by striking out "employees of the Board" and substituting "employees in the Board".

   49.  (1)  Subsections 207 (5) and (6) of the Act are repealed and the following substituted:

Order may provide deduction from rent or regular monthly housing charges

   (5)  If a landlord or non-profit housing co-operative is ordered to pay a sum of money to a person who is a tenant of the landlord or a member of the co-operative at the time of the order, the order may provide that if the landlord or co-operative fails to pay the amount owing, the tenant or member may recover that amount plus interest by deducting a specified sum from the tenant's rent or the member's regular monthly housing charges paid to the landlord or co-operative for a specified number of rental periods or, in the case of a member, months.

Same

   (6)  Nothing in subsection (5) limits the right of the tenant or member to collect at any time the full amount owing or any balance outstanding under the order. 

   (2)  Section 207 of the Act is amended by adding the following subsection:

Definition - "member"

   (8)  In subsections (5) and (6),

"member" means a member as defined in the Co-operative Corporations Act.

   50.  Subsection 214 (1) of the Act is repealed and the following substituted:

Contingency fees, limitation

   (1)  No agent who represents a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a proceeding under this Act or who assists a landlord, tenant, non-profit housing co-operative or member of a non-profit housing co-operative in a matter arising under this Act shall charge or take a fee based on a proportion of any amount which has been or may be recovered, gained or saved, in whole or in part, through the efforts of the agent, where the proportion exceeds the prescribed amount.

   51.  Section 230 of the Act is amended by adding the following subsection:

Not applicable to non-profit housing co-operatives

   (7)  This section does not authorize an inspection in respect of the rights and duties of non-profit housing co-operatives or members of non-profit housing co-operatives.

   52.  Subsection 232 (1) of the Act is repealed and the following substituted:

Protection from personal liability

   (1)  No proceeding for damages shall be commenced against an investigator, an inspector, a member of the Board or a public servant employed under Part III of the Public Service of Ontario Act, 2006 for any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or for any neglect or default in the performance or exercise in good faith of such a duty or power. 

   53.  Clause 234 (v) of the Act is amended by striking out "an employee or official of the Board" and substituting "an employee in the Board, an official of the Board".

   54.  Subsection 240 (3) of the Act is amended by striking out "an employee of the Board or an employee of the Ministry" and substituting "an employee in the Board or an employee in the Ministry".

   55.  (1)  Paragraph 4 of subsection 241 (1) of the Act is amended by striking out "the Act" and substituting "this Act".

   (2)  Paragraphs 8 and 9 of subsection 241 (1) of the Act are repealed and the following substituted:

    8.  providing that specified provisions of this Act apply with respect to any specified housing project, housing program, rental unit, residential complex, member unit of a non-profit housing co-operative or other residential accommodation or any class of them;

    9.  exempting any housing project, housing program, rental unit, residential complex as defined under Part I or V.1, member unit of a non-profit housing co-operative or other residential accommodation or any class of them from any provision of this Act;

   (3)  Subsection 241 (1) of the Act is amended by adding the following paragraph:

13.1 prescribing persons that are to be included or are not to be included in the definition of "member" in section 94.1 and exempting any such persons from any provision of this Act specified in the regulation;

   (4)  Paragraph 61 of subsection 241 (1) of the Act is repealed.

   (5)  Paragraph 67 of subsection 241 (1) of the Act is repealed and the following substituted:

  67.  fixing the rate of interest to be paid on money paid to the Board in trust;

Consequential Amendments

Energy Consumer Protection Act, 2010

   56.  Clause (b) of the definition of "multi-unit complex" in section 31 of the Energy Consumer Protection Act, 2010 is repealed and the following substituted:

  (b)  a residential complex as such term is defined in subsection 2 (1) of the Residential Tenancies Act, 2006,

Ontario Clean Energy Benefit Act, 2010

   57.  Subclause (d) (iii) of the definition of "eligible account" in subsection 2 (1) of the Ontario Clean Energy Benefit Act, 2010 is repealed and the following substituted:

         (iii)  a residential complex, within the meaning of subsection 2 (1) of the Residential Tenancies Act, 2006,

Commencement and Short Title

Commencement

   58.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   59.  The short title of this Act is the Non-profit Housing Co-operatives Statute Law Amendment Act, 2012.

 

EXPLANATORY NOTE

The Bill amends the Co-operative Corporations Act and the Residential Tenancies Act, 2006 and makes consequential amendments to the Energy Consumer Protection Act, 2010 and the Ontario Clean Energy Benefit Act, 2010.   

Most of the amendments are for the purpose of creating a procedure in the Residential Tenancies Act, 2006 for non-profit housing co-operatives to regain possession of a member unit occupied by a person after his or her membership and occupancy rights in the co-operative terminate or expire.  Currently, non-profit housing co-operatives can regain possession of a member unit only by obtaining a writ of possession from the Superior Court of Justice. 

The Bill makes some additional amendments to both the Co-operative Corporations Act and the Residential Tenancies Act, 2006 that are unrelated to the major amendment described above. 

Following are details of the Bill.

Termination of Occupancy and Eviction of Former Members from Member Units of Non-profit Housing Co-operatives

Amendments to the Residential Tenancies Act, 2006

The key amendment is the addition of Part V.1 to the Residential Tenancies Act, 2006.  The new Part sets out the circumstances under which a non-profit housing co-operative may apply to the Landlord and Tenant Board (the Board) for an order terminating a former member's occupancy of a member unit and evicting the former member.  These provisions parallel provisions in Part V of the Residential Tenancies Act, 2006, which deal with the eviction of tenants.  Once an application is made to the Board under Part V.1, the procedures under Part V for dealing with landlord and tenant applications apply.

Under Part V.1 of the Act, there are two routes by which a co-operative can get an order from the Board terminating a former member's occupancy of a member unit and evicting the former member:  one with prior notice to the former member and one without. 

Notice is required in 11 listed circumstances that mirror the circumstances under Part V where a landlord is required to give a tenant notice before applying to the Board for an eviction order:  for example, non-payment of regular monthly housing charges, causing damage to the member unit or residential complex, carrying on an illegal trade in the member unit.  This route applies after the person's membership and occupancy rights have been terminated by the board of the co-operative under section 171.8 of the Co-operative Corporations Act.  The Board has no jurisdiction, however, to review the termination of the member's rights under the Co-operative Corporations Act.

Notice is not required, and the co-operative can apply directly to the Board for an order terminating a former member's occupancy of a member unit and evicting the former member in the following circumstances:  the former member has terminated his or her membership and occupancy rights; the former member's membership and occupancy rights have expired as of a pre-determined date; the former member is a post-secondary student living in a student housing co-operative and has given notice of termination.  Notice is also not required where a member fails to meet a condition of an order made by the Board in a previous application or of a settlement negotiated in response to a previous application to the Board.  In these circumstances, the Board does have jurisdiction to review the termination or expiry of the member's rights under the Co-operative Corporations Act.

Other provisions of the Residential Tenancies Act, 2006 are amended to reflect the fact that new Part V.1 of the Act deals with non-profit housing co-operatives.  Section 1, the purpose section of the Act, is amended to state that the general purpose of the Act does not apply to Part V.1; the purpose of Part V.1 of the Act is set out expressly in new subsection 1 (2).  Subsection 3 (1) of the Act is amended to provide that the Act, except Part V.1, applies with respect to rental units in residential complexes. Clause 5 (c) of the Act currently states that the Act does not apply with respect to member units of non-profit housing co-operatives; this is amended to provide that Part V.1, and the rest of the Act as needed to give effect to Part V.1, do apply to those units.  New section 203.1 is added to provide that the Board is not authorized to make determinations or review decisions in respect of non-profit housing co-operative housing charges or co-operative members' eligibility for subsidies.  New subsection 94.1 (2) states that nothing in Part V.1, or in the rest of the Act, shall be construed as altering the relationship between a non-profit housing co-operative and a member and, in particular, the relationship shall not be construed as being one of landlord and tenant.

Amendments to the Co-operative Corporations Act

Amendments are made to the Co-operative Corporations Act to complement the addition of Part V.1 to the Residential Tenancies Act, 2006.  Following are details of these amendments.

Current section 171.7 of the Act provides that the Residential Tenancies Act, 2006, the Commercial Tenancies Act and the common law relating to landlord and tenants do not apply with respect to member units of non-profit housing co-operatives.  This is amended to allow that the Residential Tenancies Act, 2006 does apply with respect to those member units as provided in the Co-operative Corporations Act or the Residential Tenancies Act, 2006. 

Section 171.8 of the Act is amended to provide that when the board of a non-profit housing co-operative terminates a person's membership and occupancy rights in the co-operative, it can regain possession of the member unit either by obtaining a writ of possession from the Superior Court of Justice or, if Part V.1 of the Residential Tenancies Act, 2006 applies, by obtaining an order from the Board. 

Amendments are made to section 171.9 of the Act and sections 171.8.1 and 171.9.1 are added to provide that when a person's rights in a co-operative have expired, when a person has terminated his or her rights in a co-operative or when a person's short-term rights in a student housing co-operative have terminated, the co-operative can regain possession of the member unit only by obtaining an order of the Board under Part V.1 of the Residential Tenancies Act, 2006.

Section 171.12 of the Act is amended to address the timing of service of a notice of termination by a non-profit housing co-operative and also to address transition matters: in cases where a co-operative could bring an application to the Board under the amendments in the Bill, it can discontinue an application to court for a writ of possession that was begun before the amendments came into force and instead apply for an order from the Board.

New section 171.12.1 of the Act provides that, where an application for a writ of possession or for an order from the Board results in the writ or order not being issued, or where a notice of termination or order terminating the member's occupancy and evicting the member under the Residential Tenancies Act, 2006 becomes void, and the member is still in possession of the member unit, his or her membership and occupancy rights are deemed to have not terminated or expired.

Other Amendments

Amendments to the Co-operative Corporations Act

Section 171.8 of the current Act sets out rules governing the termination of a member's membership and occupancy rights by the board of a non-profit housing co-operative.  This is amended in a few ways.  The current provision says that membership and occupancy rights may be terminated only by a majority of the board of directors at a meeting of the board.  This is amended to state that these rights may be terminated only by a resolution of the board.  Where the section currently gives members the right to appeal the co-operative's decision to terminate their membership and occupancy rights, it is amended to provide that a member may appeal only if the co-operative's by-laws provide a right of appeal.  The requirement that notices given by the board must be signed is removed.  Notice of the board's decision to terminate a member's rights is to be delivered to the member within 10 days after it is made, instead of the current five days. 

New section 171.20.1 is added to the Act.  It provides that procedural irregularities should not result in a co-operative's decision to terminate a member's membership and occupancy rights being set aside or otherwise invalidated by a court.

Section 171.23 of the Act, governing rules of service respecting the termination of a member's membership and occupancy rights, is re-enacted to allow for additional methods of service.

Various provisions are amended to replace "the Superior Court of Justice" with "the court" for consistency with the rest of the Act; "court" is defined in subsection 1 (1) of the Act to mean the Superior Court of Justice.  Section 50 of the Act is amended to correct errors in the French version.

Amendments to the Residential Tenancies Act, 2006

Section 178 of the Act is re-enacted to provide that employees in the Board must be appointed under Part III of the Public Service of Ontario Act, 2006.  Section 179 of the Act is re-enacted to transfer the power to hire persons to assist the Board from the Board to the Minister.  (The Minister referred to in section 179 is the Attorney General as a result of an order in council made under the Executive Council Act.)  Section 182 of the Act, governing the refund of fees, is re-enacted; it no longer specifies that it is the Board that pays the refund.

Part XI of the Act (The Landlord and Tenant Board) is amended by the addition of the following sections:  section 182.1, providing that the money for the Board's purposes comes from appropriations by the Legislature; section 182.2, which governs the status of money paid to the Board under the Act; section 182.3, which provides for the delegation of the Minister's powers under sections 179 and 182.2.

Terminology is changed throughout the Act:  the phrases "his or her family" and "his or her family occupying the rental unit" are changed to "his or her household"; the phrases "an employee of the Board" and "an employee of the Ministry" are changed to "an employee in the Board" and "an employee in the Ministry". 

Sections 89 and 106 of the Act are amended to correct errors in the French version.

Amendments to the Energy Consumer Protection Act, 2010 and the Ontario Clean Energy Benefit Act, 2010 

Both these Acts are amended to clarify that the term "residential complex" has the general meaning assigned to it by subsection 2 (1) of the Residential Tenancies Act, 2006, and not the specific meaning applicable to non-profit housing co-operatives that is set out in Part V.1 of that Act.