s.94.11 — 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 agreed to 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. ; (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. (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 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 If the settlement or order requires the member to pay some or all of the arrears of the regular monthly housing charges, 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”; (h.1) paragraph 2 of subsection 78 (7) shall be read as follows: 2. If the settlement or order requires the member to pay some or all of the arrears of the regular monthly housing charges, the amount of arrears of the regular monthly housing charges and other housing charges, other than any refundable amounts, that arose after the date of the settlement or order; (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. ; (4) This section, as it reads immediately before the day subsection 19 (4) of the Rental Fairness Act, 2017 comes into force, continues to apply if the previous application referred to in paragraph 1 of subsection (1) is made before that day, regardless of whether the resulting settlement or order is mediated or made before, on or after that day. Refusal to Grant or Postponement of Termination of Occupancy and Eviction Orders