No, a non-profit housing co-operative in Ontario cannot physically evict a member without an order from the Landlord and Tenant Board (LTB). While the Co-op Board of Directors must first vote to terminate your membership, they must still apply to the LTB to legally end your occupancy and enforce the eviction.
Non-profit housing co-operatives offer a unique and community-focused way to live. Unlike a standard apartment building, you are not just a tenant; you are a voting member of the co-op corporation. You pay “housing charges” instead of rent, and you help make decisions about how the building is run. Because of this unique structure, the eviction process in a co-op is a hybrid of corporate law and residential tenancy law.
In the past, co-ops had to go to the Superior Court of Justice to evict someone, which was incredibly expensive. 📍 Today, the rules have changed. Whether you live in a large co-op in Mississauga, a townhouse complex in London, or a high-rise in Windsor, the co-op must use the Landlord and Tenant Board (LTB) to remove you. However, the Board of Directors must follow strict internal procedures under the Co-operative Corporations Act before they are even allowed to file paperwork with the LTB.
Step-by-Step Process for a Co-op Eviction in Ontario
The eviction of a co-op member is a two-part process: terminating the membership internally, and then applying to the province for an eviction order. If the Board makes a mistake during the internal steps, the LTB will throw out the entire eviction application.
Step 1: Issuing a Notice to Appear
If a member fails to pay their housing charges, damages property, or breaks co-op bylaws, the Board cannot simply hand them an LTB notice. 📧 First, they must give the member a formal “Notice to Appear” before the Board of Directors. This written notice must clearly state exactly what rules were broken and give the member at least 10 days’ warning before the scheduled meeting.
Step 2: The Board of Directors Meeting
At the meeting, the member has the legal right to defend themselves. They can bring a lawyer or a paralegal, present evidence, and explain their side of the story. The Board listens to the evidence and then votes in private on whether to terminate the membership and occupancy rights.
Step 3: Notice of Termination
If the Board votes to end the membership, they must issue a formal Notice of Termination to the member. 📝 This letter must include the exact reasons for the decision, the date they expect the member to move out, and information on how the member can appeal the decision to the general membership (if the co-op’s specific bylaws allow for an appeal).
Step 4: Applying to the Landlord and Tenant Board
If the member refuses to move out by the deadline, the co-op cannot change the locks. Instead, the co-op must file a Form C2 (Application to End the Occupancy of the Member Unit and Evict the Member) with the LTB. The co-op must prove to the LTB that they followed all their internal bylaws perfectly.
Step 5: The LTB Hearing and Enforcement
An LTB adjudicator will hold a hearing. ⚖️ Unlike regular tenant hearings, the adjudicator will heavily review the co-op’s internal paperwork. If the LTB finds the eviction is justified, they issue an order. Only the Court Enforcement Office (the Sheriff) can physically enforce this LTB order to remove the member.
How Much Does it Cost in Ontario?
Co-op evictions can be financially draining for both the housing provider and the member.
- Unpaid Housing Charges: Similar to rent arrears, missed monthly housing charges (often $800 to $1,800+ CAD) must be repaid, and the LTB will order the member to pay them.
- LTB Filing Fees: The co-op must pay a $201 CAD fee to file the C2 application, which is usually added to the member’s final debt.
- Legal Representation: Co-ops often hire specialized lawyers to ensure the corporate bylaws are followed, costing the co-op $1,000 to $3,000 CAD per eviction. Members can hire a paralegal for roughly $500 to $1,500 CAD to defend themselves.
| Phase | Governing Law | Decision Maker |
|---|---|---|
| Terminating Membership | Co-operative Corporations Act & Internal Bylaws | The Co-op Board of Directors |
| Eviction / Removing Occupancy | Residential Tenancies Act (Part V.1) | The Landlord and Tenant Board (LTB) |
| Physical Removal | Provincial Enforcement Laws | The Local Sheriff |
How Long Does the Process Take?
Evicting a co-op member usually takes longer than a standard private rental eviction. The internal Board process (issuing the notice, holding the meeting, and waiting out the appeal period) takes about 3 to 6 weeks. Once the co-op files with the LTB, waiting for a hearing date and receiving the final eviction order currently takes an additional 5 to 8 months due to provincial tribunal backlogs.
Frequently Asked Questions (FAQ)
Is a co-op member considered a tenant?
Legally, a co-op member is an owner-member of the corporation, not a traditional tenant. However, under Part V.1 of the Residential Tenancies Act, the LTB handles their evictions using very similar rules to standard landlord-tenant disputes.
What is an Occupancy Agreement?
Instead of a standard lease, co-op members sign an Occupancy Agreement. It outlines your right to live in the unit as long as you follow the corporate bylaws and pay your monthly housing charges.
Can I appeal the Board’s decision before going to the LTB?
Yes, in most co-ops, you can appeal a Board eviction decision to the general membership. A meeting of all the co-op residents is called, and they will vote on whether to uphold or overturn the Board’s decision to terminate your membership.
Can the LTB cancel the Co-op Board’s decision?
Yes. Even if the Board voted to evict you perfectly according to their bylaws, the LTB adjudicator has the power to grant ‘relief from eviction’ if they believe the eviction is unfair under the Residential Tenancies Act.
What happens to my initial member deposit if I am evicted?
When you join a co-op, you usually pay a member loan or deposit. If you are evicted, the co-op will use that deposit to pay off any outstanding housing charges or property damage. Any remaining balance must be refunded to you.
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