s.94.4 — 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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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”)