Canada Cooperatives Act (S.C. 1998, c. 1)

Marginal note:By-laws

• 355 (1) The by-laws of a non-profit housing cooperative must include

  • (a) any obligation of a member to provide capital to the cooperative and the manner in which the capital is to be contributed;

  • (b) any obligation of a member to contribute to charges of the cooperative and the manner in which the charges are to be determined and paid;

  • (c) the procedure for determining disputes between members and between members and the cooperative;

  • (d) subject to subsection (2), the manner in which the membership of a member may be terminated;

  • (e) the manner in which a member’s equity is to be determined on the member’s withdrawal from the cooperative, or on the termination of their membership and on a dissolution of the cooperative and the manner in which that equity is to be repaid;

  • (f) a provision for the establishment of adequate reserves and the maintenance of adequate insurance to protect the cooperative from loss; and

  • (g) a provision for the establishment of the rules governing charges by the cooperative for the occupation, leasing, subletting and subleasing of housing units of the cooperative.

• Marginal note:Termination of membership

  (2) If the by-laws provide that membership is to be terminated by the directors, the by-laws must include a right of appeal to the members. Despite section 40, the by-laws may require that an appeal from the decision of the directors may only be launched within seven days after the member receives notice of the termination of membership.

• Marginal note:Other provisions in by-laws

  (3) The by-laws of a non-profit housing cooperative may provide

  • (a) the rules by which the directors may establish a system of providing subsidies to members for housing charges, provided that the administration of the rules by the directors is fair as among the members; and

  • (b) any rules in addition to those specified in paragraph (1)(g) relating to the occupancy of a housing unit of the cooperative.