Yukon

Name of Act/Regulations

Cooperative Associations Act, RSY 2002, c. C-43
canlii.ca/en/yk/laws/stat/rsy-2002-c-43/71392/rsy-2002-c-43.html

Cooperative Associations Regulations, YOIC 1980/301
canlii.ca/en/yk/laws/regu/yoic-1980-301/72353/yoic-1980-301.html

Incidental and Ancillary Powers of an Association, Y.O.I.C. 1988/192
canlii.ca/en/yk/laws/regu/yoic-1988-192/72022/yoic-1988-192.html

Landlord/tenant legislation does not apply to housing coops.

Admitting New Members

The process for admitting new members is set out in the coop's bylaws.

Unless the bylaws provide otherwise, a person who has reached the age of 16 years may be a member.

A person becomes a member of the coop once:

  • his or her application for membership is approved by the board
  • he or she has complied with the bylaws governing admission of members.

Obligations of the Members to the Coop and of the Coop to its Members

Cooperative Basis

The Coop Act does not require housing coops to be run on a cooperative basis.

Memorandum of Association

The memorandum of association ("memorandum") is the originating document that creates a housing coop. The memorandum includes the name of the housing coop (including the word "co-operative/cooperative" in its name) and the address of the coop.

Members must comply with the memorandum of the coop. Members can vote to make changes to the memorandum by passing an extraordinary resolution, subject to the approval of the Registrar of Cooperative Associations.

Bylaws

Before the coop is incorporated, the incorporators must submit a copy of the bylaws (together with the memorandum of association) to the Registrar for his or her examination and approval. The bylaws set out rules dealing with the governance of the coop. The standard bylaws contained in the Cooperative Associations Regulations, YOIC 1980/301, are deemed to be the bylaws of the coop. The bylaws deal with such matters as meetings, voting, duties and election of directors and officers, and reserve funds. However, the coop is free to make additional bylaws for the governance of the coop containing provisions for any matter the coop considers advisable.

Meetings

A housing co-op must hold an annual general meeting every year (AGM) at a time and place specified in the coop’s bylaws.

Board of Directors

The Coop Act sets out who can sit on the board of directors. Essentially, legislation specifies that, to be a director, the member must:

  • be at least 18 years of age.

The board of directors meets at least once every 3 months.

Access to Information

A housing coop must allow its members to examine its membership records, excluding confidential documents and in-camera minutes of meetings, at a place and times designated by the coop.

Offences

An individual who is guilty of an offence under the Coop Act can be fined up to $500 or jailed for no more than 2 months, or both.

A coop that is guilty of an offence under the Coop Act can be fined up to $1,000 for each offence. 

Eviction/Expulsion of Members

Grounds for Terminating (Evicting) a Member

A member can be evicted from a coop for failing to comply with the Coop Act or the bylaws.

The Termination Process

The coop makes its own bylaws, which set out how a member can be evicted from a coop. Typically, the termination process starts with a written complaint to the coop about an individual member, his or her family member or guest. A special general meeting of the members is called to consider the termination.

The individual whose membership is being considered for termination must have an opportunity to respond to the allegations made against him or her. The coop must give the member notice of the meeting being held to consider his or her termination, and an opportunity to attend the meeting to respond to the proposed termination.

The member can attend the meeting alone or with a lawyer or other representative, to respond to the resolution. Although the Act does not specifically state that a member has the right to be represented by a lawyer, if the member wishes to be represented by a lawyer, it is advisable that the coop permit this. If the coop refuses to permit the member to be represented by a lawyer, a court may overturn a decision to evict on the basis that the member was denied natural justice.

In order for the resolution to terminate to be carried, at least 2/3 of the members present at the special general meeting must vote for it.

Member's Right to Appeal

The bylaws state:

  • whether the member has the right to appeal
  • how he or she may appeal the members' decision to evict.

Obtaining a Writ of Possession to Remove the Terminated Member

The Yukon Act does not contain specific provisions related to writs of possession. If the coop wishes to obtain possession of a unit after evicting a member, the coop must bring an action in the Supreme Court of Yukon for a writ to recover land.

Collecting Money Owed

Allowed claim amounts for Provincial (small claims) Court:

  • up to and including $25,000.
The coop can recover unpaid housing charges from a current or past member.

Accepting payment of arrears does not stop the coop from terminating membership or taking back the unit.

For an overview of the small claims court process for each province and territory, see the section: An Overview of the Small Claims Court System.

If the amount claimed is greater than $25,000, the claimant must take the claim to the Supreme Court and follow the Rules of Court applicable to that court. The Rules of Court tend to be very complex and it is suggested that the claimant consult a lawyer.

Related Links

Yukon Human Rights Commission
101 – 9010 Quartz Road
Whitehorse, YT
Y1A 2Z5
Tel.: 867-667-6226
Toll free: 1-800-661-0535
Email: humanrights@yhrc.yk.ca
http://www.yhrc.yk.ca/

Canada

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