CanadaCan a housing co-op evict a member?
Yes, a housing co-op can evict a member, but only for specific reasons and following strict procedural rules under provincial co-op legislation.
What the Law Says
In Canada, housing co-operatives are governed primarily by provincial legislation. The most comprehensive framework is Ontario’s *Co-operative Corporations Act*, which sets out the conditions and procedures for terminating a member’s occupancy agreement.
A housing co-op cannot evict a member like a landlord evicts a tenant. Instead, it must terminate the member’s occupancy agreement — a process that requires both substantive grounds (e.g., non-payment of housing charges, serious breach of bylaws, or conduct interfering with other members’ quiet enjoyment) and strict adherence to procedural fairness.
The co-op’s board must give written notice of intent to terminate, hold a fair hearing where the member may respond, and obtain a two-thirds vote of the board (or membership, depending on bylaws) before issuing a final termination notice. Only after exhausting these steps may the co-op apply to the Superior Court of Justice for an order requiring the member to vacate.
Statutory TextThe board may terminate a member’s occupancy agreement only if the member has failed to comply with a material term of the occupancy agreement or the by-laws, or has engaged in conduct that substantially interferes with the reasonable enjoyment of the premises by other members.
— Co-operative Corporations Act, R.S.O. 1990, c. C.35, s. 142(1)
Statutory TextNo termination is effective unless the member has been given at least thirty days’ written notice of the board’s intention to terminate and an opportunity to be heard by the board.
— Co-operative Corporations Act, R.S.O. 1990, c. C.35, s. 142(2)
What Courts Have Said
Courts have consistently emphasized that co-op eviction processes must uphold natural justice — especially the right to be heard and to know the case against you.
The court set aside an eviction because the co-op failed to provide the member with adequate notice of the specific allegations and denied them a meaningful opportunity to respond at the hearing.
While not a co-op case, this decision reinforced that housing providers exercising quasi-judicial powers must meet heightened procedural fairness standards — a principle applied directly to co-op eviction hearings.
What to Do
Review your co-op’s occupancy agreement and bylaws carefully — they must align with the provincial Co-operative Corporations Act.
If served with a notice of intent to terminate, request written details of the allegations and prepare written submissions for the hearing.
Attend the board hearing and present evidence or witnesses; consider seeking legal advice from a community legal clinic.
If eviction is approved, you may challenge it in court within 30 days — but only on grounds of procedural unfairness or lack of legal basis.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.