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CMHC for Consumers November 2006

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Governing Legislation

 
 

Landlords and tenants are governed by the tenancy legislation in their province or territory, but this is rarely the case for co-ops. While tenancy legislation places strict requirements on things like allowable deposits, in most co-ops the members are free to determine the rights and obligations of members as long as they comply with applicable legislation.

Most co-ops are registered provincially and are governed by three components of legislation:

  1. The co-op act for their province or territory;
  2. The human rights legislation for their province or territory; and
  3. The principals of natural justice.

In addition, tenancy legislation may apply in specific provinces or territories.

Note: The "rules" or "bylaws" of a co-op are policies and procedures that outline the purpose of the co-op and describe how it is run. These are important legal documents as they outline the rules and policies that members, the board and staff must follow. For this reason, it is important for members to familiarize themselves with their co-op's bylaws or rules. This is an important step in understanding and enforcing your rights as a member of the co-op.