6 PART V.1 TERMINATION OF OCCUPANCY — NON-PROFIT HOUSING CO-OPERATIVES

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”) 2013, c. 3 s. 31.

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

94.1 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Deemed termination of membership and occupancy rights

94.2 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Same

94.3 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Non-payment of regular monthly housing charges

94.4 (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. 2013, c. 3 s. 31.

Misrepresentation of income

94.4 (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. 2013, c. 3 s. 31.

Illegal act, etc.

94.4 (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. 2013, c. 3 s. 31.

Damage

94.4 (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. 2013, c. 3 s. 31.

Damage, shorter notice period

94.4 (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. 2013, c. 3 s. 31.

Interfering with reasonable enjoyment

94.4 (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. 2013, c. 3 s. 31.

Impairing safety

94.4 (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. 2013, c. 3 s. 31.

Too many occupants

94.4 (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. 2013, c. 3 s. 31.

Further contravention

94.4 (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. 2013, c. 3 s. 31.

Definitions

94.4 (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”) 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Same, if member pays regular monthly housing charges

94.5 (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. 2013, c. 3 s. 31.

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

94.5 (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. 2013, c. 3 s. 31.

Same, if member stops conduct, etc.

94.5 (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. 2013, c. 3 s. 31.

Same, if member reduces number of persons in member unit

94.5 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Same

94.7 (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). 2013, c. 3 s. 31.

No application during remedy period

94.7 (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. 2013, c. 3 s. 31.

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

94.7 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Affidavit

94.10 (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. 2013, c. 3 s. 31.

Same

94.10 (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. 2013, c. 3 s. 31.

Order

94.10 (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. 2013, c. 3 s. 31.

Same

94.10 (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. 2013, c. 3 s. 31.

Motion to set aside order

94.10 (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. 2013, c. 3 s. 31.

Motion stays order

94.10 (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. 2013, c. 3 s. 31.

Order of Board

94.10 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Deemed termination of membership and occupancy rights

94.11 (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. 2013, c. 3 s. 31.

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

94.11 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Mandatory review

94.12 (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). 2013, c. 3 s. 31.

Circumstances where refusal required

94.12 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Compensation, overholding member

94.14 (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. 2013, c. 3 s. 31.

Amount of arrears of regular monthly housing charges or compensation

94.14 (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. 2013, c. 3 s. 31.

NSF cheque and other charges

94.14 (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. 2013, c. 3 s. 31.

Same

94.14 (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. 2013, c. 3 s. 31.

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). 2013, c. 3 s. 31.

Same

94.15 (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. 2013, c. 3 s. 31.

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”. 2013, c. 3 s. 31.

Same

94.16 (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. 2013, c. 3 s. 31.

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. 2013, c. 3 s. 31.

Other offences

94.17 (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. 2013, c. 3 s. 31.

Attempts

94.17 (3) Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. 2013, c. 3 s. 31.