Combined PDF Neill-Wycik By-Laws and Historical Documents Feb 11 2013

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HISTORY OF OFFICIAL DOCUMENTS- .
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Table of Contents
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Letters Patent, Supplementary Letters Articles of
Amendment
1.1 Short History of Documents
1. 2 Original Letters Patent -I',:.,. .
1.3 Supplementary Letters Patent;.i Dated Dece;mber
1.4 Articles of Amendment; Dated september':-:,15 , 198:0-:, ,:,.J
1.5 Articles of Amendment i Dated FebruqFY ?-,3, 1984 ,,-
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Bylaw 1/24
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Bylaw 2
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Bylaw 4
Bylaw 9/20
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BY-LAW NO.1
AS AMENDED BY BY-LAWS NO.3 and NO.5
A by-law relating generally to the
transaction of the affairs of
NEILL-WYCIK COLLEGE, INC.
BE IT ENACTED as a by-law of NEILL-WYCIK COLLEGE, INC. (hereinafter called the "College" as
follows:
HEAD OFFICE
1. The head office of the College shall be in the City of Toronto, in the Province of Ontario, and at such
place therein as the Board of Directors may from time to time determine.
SEAL
2. The seal, an impression of which is stamped in the margin hereof, shall be the corporate seal of the
College.
MEMBERS
3. There shall be two classifications of membership in the College, namely, Resident Membership and
External membership.
4. Resident members shall be those students of higher learning and their spouses, if any, who reside in the
College and who have been admitted as members thereof in accordance with the regulations of the College.
5. External members shall be such persons as may be accepted for membership in accordance with the
regulations of the College.
6. There shall be no political, religious, or racial discrimination in the selection of the members of the
College.
7. The membership fee and all other requirements of membership shall be determined from time to time
. by regulation.
8. Termination of membership shall be pursuant to the regulations.
9. The affairs of the College shall be managed by a Board of Directors of 12 Directors each of whom at
the time of his election shall be a prior and continuing member in good standing of the College. All
Directors of the College shall be elected and shall have a term of office of two years, six of whom will be
elected and shall retire in rotation every other year, the annual election to be held on the first Wednesday
of November in each year. The election shall be by ballot.
10. The College may, by resolution passed by at least two-thirds of the votes cast at a general meeting of
which notice specifying the intention to pass such a resolution has been given, remove any Director before
the expiration of his term of office, and may, by a majority of the votes cast at that meeting, elect any
person in his stead for the remainder of his term.
11. Vacancies. Vacancies on the Board of Directors, however caused, may so long as a quorum of Directors
remain in office, be filled by the Directors from among the qualified members of the College, if they shall
see fit to do so, until such vacancy shall be filled at the next election or by-election, said by-elections to be
held at the discretion of the Board, but if there is not a quorum of Directors, the remaining Directors shall
forthwith call a meeting of the Members to fill the vacancies.
12. Quorum and Meetings. A majority of the Directors shall form a quorum for the transaction of business.
Except as otherwise required by law, the Board of Directors may hold its meetings at such place or places as
it may from time to time determine. No formal notice of any such meeting shall be necessary if all the
directors are present, or if those absent have signified their consent to the meeting being held in their
absence. Directors' meetings may be formally called by the President, or Vice-President or by the Secretary
on direction in writing by two Directors. Notice of such meetings shall be delivered, telephoned or tele-
graphed to each Director not less than one day belore the meeting is to take place or shall be mailed to each
Director not less than two days before the meeting is to take place. The statutory declaration of the
Secretary or President that notice has been given pursuant to this by-law shall be sufficient and conclusive
evidence of the giving of such notice. The Board may appoint a day or days in any month or months for
regular meetings at an hour to be named and of such regular meeting no notice need be sent. A Directors'
meeting may also be held, without notice, immediately following the General Meeting of the ~ o l l e g e . The
Directors may consider or transact any business either special or general at any meeting of the Board.
13. Errors in Notice. No error or omission in giving such notice for a meeting of Directors shall invalidate such
meeting or invalidate or make void any proceedings taken or had at such meeting and any Director may at any
time waive notice of such meeting and may ratify and approve of any or all proceedings taken or had thereat.
14. Voting. Questions arising at any meeting of Directors shall be decided by a majority of votes. In a case
of an equality of votes, the Chairman, in addition to his original vote, shall have a second or casting vote.
All votes at any meeting shall be taken by ballot on demand by any Director present, but if no demand be
made, the vote shall be taken in the usual way by assent or dissent. A declaration by the Chairman that a
resolution has been carried and an entry indicating the number of assents and dissents and abstentions in
the Minutes shall be admissable as prima facie proof of the fact. If so demanded by any director present,
the vote shall be recorded in the Minutes indicating the names of the Directors present and the manner in
which each Director voted on a particular item. The right to a secret ballot on demand by a Director shall at
all times take precedence. In the absence of the President, his duties may be performed by the Vice-
President or such Director as the Board may from time to time appoint for such purpose.
15. (a) Powers. The Directors of the College may administer the affairs of the College in all things and
make or cause to be made for the College, in its name, any kind of contract which the College, may
lawfully enter into, and save as hereinafter provided, generally, may exercise all such other powers and do
all such other acts and things as the College is by its charter or otherwise authorized to exercise and do.
(b) The Directors of the College shall be responsible for carrying on the educational program of the
College and shall approve an Education Committee to assist them to this end.
(c) The Directors may pass by-laws not contrary to The Corporations Act or the letters patent to regulate
the conduct of the affairs of the College. Such by-law and any repeal, amendment or re-enactment thereof, un-
less in the meantime confirmed at the general meeting of the members of the College duly called for that pur-
pose, will be only effective until the next annual meeting of the members unless confirmed thereat and in
default of such confirmation thereat ceases to have effect at and from that time, and, in that case, no new
by-law of the same or like substitution has any effect until confirmed at a general meeting of the members.
16. Remuneration. The Directors shall receive no remuneration for acting as such.
17. Liability. No Director or officer of the College shall be liable for the acts, receipt, neglects or defaults
of any other Director or officer, or for any loss of expense happening to the College through the insuf-
ficiency or deficiency of title to any property acquired by order of the Board for or on behalf of the
College or for the insufficiency or deficiency of any security in or upon which any of the monies of the
College shall be invested, or for any loss or damage arising from the bankruptcy, insolvency, or tortious act
of any person with whom any of the monies, securities or effects of the College shall be deposited, or for
any loss occasioned by any error of judgment or oversight on his part, or for any other loss, damage,
misfortune whatever which shall happen in the execution of the duties of his office or in relation thereto
unless the same shall happen through his own dishonesty, except as otherwise provided by law.
18. Indemnity. Every Director or officer of the College and his heirs, executors and administrators, and
estate and effects respectively shall, from time to time, and at all times, be indemnified and saved harmless
out of the funds of the College, from and against:
(a) All costs and charges and expenses whatsoever which such Director or officer sustains or incurs in
or about any action, suit or proceeding which is brought, commenced or prosecuted against him,
for or in respect of any deed, act, matter or thing whatsoever made, done or permitted by him, in
or about the execution of the duties of his office;
(b) All other costs, charges and expenses which he sustains or incurs in or about or in relation to the
affairs thereof, except such costs, charges or expenses as are occasioned by his own wilful neglect
or default.
OFFICERS
19. There shall be a President, a Vice-President, a Secretary, a Treasurer and a General Manager, and such
other officers as the Board of Directors may determine by by-law from time to time. The President, the Vice-
President, the Secretary and the Treasurer shall be elected by the Board of Directors from among their number
at the first meeting of the Board after the election of such Board of Directors, provided that in default of such
election the then incumbents being members of the Board, shall hold office until their successors are elected.
The General Manager shall be approved by the Board of Directors and will not himselfbe a Director nor voting
member of the Management Committee and shall hold office at the pleasure of the Board.
20. Duties of the President and Vice-President. The President, shall, when present, preside at all meetings
of the members of the College and of the Board of Directors. The President shall also be charged with the
general management and supervision of the affairs and operations of the College. The President with the
Secretary or other officer appointed by the Board for the purpose shall sign all by-laws and membership
certificates. During the absence or inability of the President, his duties and powers may be exercised by the
Vice-President, and if the Vice-President, or such other Director as the Board may from time to time ap-
point for the purpose, exercises any such duty or power, the absence of inability of the President shall be
presumed with reference thereto.
21. Duties of Secretary. The Secretary shall be ex officio clerk of the Board of Directors. He shall attend
all meetings of the Board of Directors and record all facts and minutes of all proceedings in the books kept
for that purpose. He shall give all notices required to be given to members and to Directors. He shall be the
custodian of the seal of the College and of all books, papers, records, correspondence, contracts and all
other documents belonging to the College which he shall deliver up only when authorized by a resolution of
the Board of Directors to do so and to such person or persons as may be named in the resolution and he
shall perform such other duties as may from time to time be determined by the Board of Directors.
22. Duties of Treasurer. The Treasurer, or person performing the usual duties of a Treasurer, shall keep full
and accurate accounts of all receipts and disbursements of the College in proper books of account and shall
deposit all monies or other valuable effects in the name and to the credit of the College in such banks or
bank as may from time to time be designated by the Board of Directors. He shall disburse the funds of the
College under the direction of the Board of Directors, taking proper vouchers therefor and shall render to
the Board of Directors at the regular meetings thereof or whenever required of him, an account of all his
transactions as Treasurer, and of the financial position of the College. He shall also perform such other
duties as may from time to time be determined by the Board of Directors.
23. Duties of General Manager. The Board may delegate to the General Manager such power and authority
to manage and direct the affairs of the College (except such matters as must be law be dealt with by the
Board or by the members in general meeting) and to discharge agents and employees of the College as the
Board considers desirable. The General Manager shall conform to all lawful orders given to him by the
Board and shall give to the Directors or any of them all information they may require regarding the affairs
of the College. Any agent or employee appointed by the General Manager shall be subject to discharge by
the Board.
EDUCA nON COMMmEE
24. There shall be an Education Committee whose constitution and duties shall be outlined in the regula-
tions. Subject to the regulations all members of the College shall be entitled to participate in the education-
al programme. The Committee shall be entitled to permit such persons who are not members of the College
to participate in the educational programme as it shall from time to time deem fit.
COMMITTEES
25. The Board may from time to time establish such committees, as in the opinion of the Board, are neces-
sary to administer the affairs of the College..
26. The constitution, duties and functions of all committees shall be determined from time to time by
regulation.
27. In addition to such other committees as the Board may establish, there shall be the following committees:
(i) Membership Committee
(ii) House Committee
(iii) Management Committee
(iv) Education Committee
MEETINGS
28. The ann ual or any other general meeting of the members of the College shall be held a t the head office
of the College or elsewhere in Ontario as the Board of Directors may determine and on such day as the said
Directors shall appoint. The Annual Meeting shall be held in the month of October on such day as the said
Directors shall appoint, said day to be within fifteen (15) days after a regularly scheduled meeting of the
Board of Directors.
29. The annual meeting shall be held for the purpose of receiving the report of the Directors, the financial
statements, and the report of the Auditors, electing Directors, appointing Auditors and fixing or author-
izing the Board to fix their remuneration and for the transaction of such other business as may properly be
brought before the meeting. The members may consider and transact any business, either special or general,
that has been submitted to the Chairman at least three weeks prior to the date appointed for the meeting.
Said agenda, along with all motions, must be posted and circulated twenty-one days before the Annual
Meeting. Appeals for inclusion of agenda items can be submitted to the last Board meeting held before the
Annual Meeting, appeals needing a simple majority to pass to be included. Appeals after said Board Meeting
may be submitted to the floor at the Annual Meeting and may be placed on the Agenda if passed by 50% +
1 majority of the eligible votes.
30. Quorum. A quorum for the transaction of business at any meeting of members shall consist of not less
than twenty-five per cent of the membership present in person or represented by proxy. If, at any general
meeting of the College, a quorum is not present, within the time determined at the discretion of the Chair-
man following the hour for which the meeting is called, the Chairman shall adjourn the meeting to a date
not less than twelve days thereafter and no more than fifteen days thereafter and the decision of the said
adjourned meeting shall be binding upon the College regardless of the number of members present. Notice
shall be provided as in paragraph 29.
31. Errors in Notice. No error or omission in giving notice of any annual or general meeting of the mem-
bers of the College shall invalidate such meeting or make void any proceedings taken or had thereat and any
member may at any time waive notice of any such meeting and may ratify, approve and confirm any or all
proceedings taken or had thereat.
32. Requisition of Meetings. The Board shall, upon requisition in writing, signed by not less than one-tenth of
the members of the College, which requisition shall state the general nature of the business to be presented at
the meeting, requisition a general meeting of the members of the College in accordance with the requirement of
notice in paragraph 29. If the Board of Directors does not, within twenty-one days from the date of the requisi-
tion which was received, proceed to call a general meeting of the members of the College, then not less than
one-tenth of the members themselves may call a general meeting in accordance with the requirements for
notice in paragraph 29, which meeting shall be held within sixty days from the date the requisition was received.
33. Voting. Each member of the College shall at all meetings of members be entitled to one vote and he
may vote by proxy. Such proxy need not himself be a member but before voting shall produce and deposit
with the Secretary sufficient appointment in writing from a member. No persons shaH act as proxy for
more than one member at anyone meeting. At all meetings of members every question shall be decided by
a majority of the votes of the members present in person or represented by proxy unless otherwise required
by the by-laws or the College, or hy law.
34. Amendment of By-Iaws_ The members may at a general meeting duly called for the purpose, or at an
annual meeting confirm, reject, amend or otherwise deal with any by-law passed by the Directors and sub-
mitted to the meeting for confirmation, but no act done or right acquired under any such by-law is preju-
diciaHy affected by any such rejection. amendment, or other dealing.
FINANCE
35. Fiscal Year. The fiscal year of the College shall terminate on the 30th day of April, in each year.
36. Borrowing Powers. The Directors may from time to time:
(a) borrow money on the credit of the College;
(b) issue, sell, or pledge securities of the College;
(c) charge, mortgage, hypothecate or pledge all or any of the real property or personal property of the
College including book debts, rights, powers, franchises and undertaking. to secure any securities
or any money borrowed, or any other debt. or any other obligation or Iiahility of the College.
From time to time the Directors may authorize any Director. officer or employee of the College or any
other person to make arrangements with reference to the monies borrowed or to be borrowed as aforesaid
and as to the terms and conditions of the loan thereof, and as to the securities to be given therefor, with
power to vary or modify such arrangements. terms and conditions and to give such additional securities for
any monies borrowed or remaining due by the College as the Directors may authorize, and generally to
manage, transact, and settle the borrowing of money by the College.
37. Reserve Fund. The Board shall, at its discretion, allocate such amount as it deems fit at the end of each
year toward a reserve known as the contingency reserve, to take care of unexpected expenses.
38. Insurance. The Directors shall insure against fire at all times all buildings and other assets of the College
to their full insurable value.
39. Bond. Every officer or employee of the College who has charge of or handles money or securities
belonging to the College shall be bonded with a surety company selected by the Board for such an amount
as may from time to time he prescribed by the Board, but in no case for any amount less than One Thou-
sand Dollars ($1,000.00). The Board may prescribe that any other ell)ployees of the College shall be
honded in such an amount as t he Directors may determine.
40. Execution of Documents. Contracts, documents or any other instrument in writing requiring the Signature
of the College may be signed by the President or Vice-President and the Secretary. or the Treasurer, and all
documents, contracts and instruments in writing so signed shall be binding upon the College without any
further authorization or formality. The Directors shall have the power from time to time by resolution to ap-
point any officer or officers, person or persons, on behalf of the College either to sign contracts, documents
and instruments in writing generally or to sign specific contracts, documents or instruments in writing.
41. Cheques, etc_ All cheques, bills of exchange or other orders for the payment of money. notes or other
evidences of indebtedness issued in the name of the College, shal1 be signed by such officer or officers.
agent or agents of the College and in such manner as shall from time to time be determined by resolution of
the Board and anyone of such officers or agents may alone endorse notes and drafts for collection on
account of the College through its bankers, and endorse notes and cheques for deposit with 'the College's
bankers for the credit of tile College, or the same may be endorsed "for collection" or "for deposit" with
the bankers of the College by using the College's rubber stamp for the purpose. Anyone of such officers or
agents so appointed may arrange, settle, balance and certify all books and accounts between the College and
the College's bankers and may receive all paid cheques and vouchers and sign all the bank's forms or settle-
ment of balances and release or verification slips.
42. Deposit of Securities for Safekeeping. The securities of the College shall be deposited for safekeeping
with one or more bankers, trust companies or other financial institutions to be selected by the Board. Any
and all securities so deposited may be withdrawn, from time to time, only upon the written order of the
College signed by such officer or officers, agent or agents, of the College and in such manner, as shall from
time to time be determined by resolution of the Board and such authority may be general or confined to
specific instances. The institutions which may be so selected as custodians of the Board shall be fully pro-
tected in acting in accordance with the directions of the Board and shall in no event be liable for the due
application of the securities so withdrawn from deposit or the proceeds thereof.
REGULATIONS
43. The Board, in the interest of the membership, may prescribe Regulations not inconsistent with the
by-laws relating to the management and operation of the College and may amend or suspend such
Regulations.
BOOKS AND RECORDS
44. The Directors shall see that all necessary books and records of the College required by the by-laws of
the College or by law are regularly and properly kept.
DISPOSING ASSETS ON DISSOLUTION
45. In the event of the dissolution of the College all assets remaining after the payment of all bonds, deben-
tures and mortgages and all other liabilities outstanding, shall be disposed of by a Board of Trustees to such
charitable organization or organizations as the said Board of Trustees may determine, provided only that
such organization or organizations must carryon their work solely in Ontario and must at the time of such
disposition be exempt from tax or duty under the provisions of any federal and/or Ontario statues which
may levy taxes or income, gifts, successions, devolutions or estates at the respective times when such dis-
positions are made. The said Board of Trustees shall be composed of one representative appointed by the
President of the Students Administrative Council of Ryerson Poly technical Institute, and one representative
appointed by the President of Ryerson Poly technical Institute, and one representative appointed by the
Board of Directors of the College immediately prior to its dissolution.
INTERPRETATION
46. In these by-laws and in all other by-laws of the College hereafter passed unless the context otherwise
requires, words importing the singular number of the masculine gender shall include the plural number or
the feminine gender, as the case may be, and vice versa.
47. All records may be kept in either French or English but need not be kept in both. Either language may
be used in any College matters.
ENACTED AND PASSED by the Directors, the 22nd day of April, 1970 and as amended by by-law
No.3 passed the 22nd day of April, 1970 and by-law No.5 the 24th day of October 1973.
B)LAW NO.2
.'\ re,pccting the borruwing of
Inone\ and tile issue lJr securities by
NEILLWYCIK COLLEGE, INC.
BE IT ENACTED by the Directors oj Neill-Wycik College Inc. as a Bylaw of the said College as follows:
The Directors of the College muy rrom time to time:
(a) Borrow money upon the credit of the College in such umounts and upon such terms as may be
deemed necessary;
(b) Issue bonds. debentures. debenture stock or other securities of the College for its lawful purposes,
for such amounts and upon such terms as may be deemed expedient and pledge or sell the same
for such sums and at such prices as the Directors shall determine;
(c) Hypothecate. mortgage, charge or pledge all or any of the real and personal. moveable or immove-
able. property undertaking and rights of the College, present or future, to secure any such bonds,
debentures, debenture stock or other securities or any money borrowed or any other liability of
the College;
(d) Delegate to such one or more of the officers and Directors of the College as may be designated by
the Directors all or any of. the powers conferred by the foregoing clauses of this By-law to such
extent and in such manner as the Directors shall determine at the time of each such delegation;
(e) Give indemnities to any Director or other person who has undertaken or is about to undertake any lia-
bility on behalf of the College. and to secure such Director or other person against loss by giving him a
mortgage or charge upon the whole or any part of the real or personal property of the College.
PASSED by the Directors and sealed by the College's seal, the 22nd day of April, 1970.
BY-LAW NO.4
A by-law creating an Executive Committee of
BE IT ENACTED as a by-law of Neill-Wycik College. Inc. as follows:
I. During the intervals between the meetings of the Board of Directors, the affairs of the College shall be
managed by an Executive Committee of three Directors consisting of the President. the Secretary and the
Treasurer of the College. The Executive Committee shall possess and may exercise (subject to any regulations
which the Directors may from time to time impose) all the powers of the Board of Directors in the management
and direction of the affairs of the College (save and except only such acts as mllst by law be performed by the
Directors themselves) in such manner as the Executive Committee shall deem best for the interest of the
College in all cases in which specific directions shall not have been given by the Board of Directors.
2. Subject to any regulations imposed from time to time by the Board of Directors. the Executive Com-
mittee shall have power to fix its quorum at not less than a majority of its members and may fix its own
rules of procedure from time to time.
3. Meetings of the Executive Committee may be held at the head office of the College or at any other place in
or outside of Ontario. The Executive Committee shall keep minutes of its meetings in which shall be recorded
all action taken by it, which minutes shall be submitted as soon as practicable to the Board of Directors.
ENACTED AND PASSED by the Directors the 22nd day of April, 1970.
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1. LETTERS PATENT, SUPPLEMENTARY LETTERS PATENT AND ARTICLES OF
AMENDMENT
Table of Contents
1.1 Short History of Documents 1
1.2 Original Letters Patent 3
1.3 Supplementary Letters Patent; Dated December 31, 1976. 7
1.4 Articles of Amendment; Dated September 15, 1980 9
1.5 Articles of Amendment; Dated February 23, 1984 .... 12
1
1.0 LETTERS PATENT, SUPPLEMENTARY LETTERS PATENT AND ARTICLES OF
AMENDMENT
1.1 Short History of Documents
1. Letters Patent incorporating Neill-Wycik College, Incorporated.
Effective: July 24, 1968
2. Special Resolution to increase the number of Board members to
12.
Approved by Members: April 22, 1970
3. Supplementary Letters Patent changing its name to Neill-Wycik
Co-operative College, Incorporated.
Effective: December 31, 1976
4. Supplementary Letters Patent to increase the membership fee to
$30.00.
Approved by Members: November 17, 1979
Note that this change is not effective as it was not
filed with the Minister of Consumer and Commercial
Relations within the required six month period.
5. Special Resolution to Amend the Articles of Incorporation to
change the objects of the College (to satisfy C.H.M.C.
requirements for financing).
Approved by Members: March 12, 1980
Effective: September 15, 1980
add the educational obj ects found in the original Letters
Patent to the Articles of Amendment
Approved by Members: November 1980
increase the membership fee to $30.00.
HIS 1-1 August 31, 1988
8. Special Resolution to Amend the Letters Patent I Articles of
Incorporation to set the annual membership fee at $0.00.
Incorporation to set the annual membership fee at nil.
Approved by Directors: November 2, 1982
Incorporation to set the annual membership fee at nil.
Filed with the Ministry: February 23, 1984
HIS 1-2 August 31, 1988
1.2 Original Letters Patent
Dated July 24, A.D. 1968
PROVINCE OF ONTARIO
LETTERS PATENT
Incorporating
Recorded this 19th
day of June A.D. 1969
as Number 25
in Liber 1826
M.R. Terry
E.F. Morton
Recording Officer
PROVINCIAL SECRETARY'S OFFICE
TORONTO, ONTARIO
HIS 1-3 November 11, 1987
PROVINCE OF ONTARIO
BY THE HONOURABLE
ROBERT WELCH
PROVINCIAL SECRETARY AND MINISTER OF CITIZENSHIP
TO ALL TO WHOM THESE PRESENTS SHALL COME GREETING
WHEREAS The Corporations Act provides that with the exceptions
therein mentioned the Lieutenant Governor may in his discretion,
by Letters Patent, issue a Charter to any number of persons, not
fewer than three, of twenty-one or more years of age, who apply
therefor, constituting them and any others who become shareholders
or members of the corporation thereby created a corporation for any
of the objects to which the authority of the Legislature extends;
AND WHEREAS by the said Act it is further provided that the
Provincial Secretary may in his discretion and under the Seal of
his office have, use, exercise and enjoy any power, right or
authority conferred by the said Act on the Lieutenant Governor;
AND WHEREAS by their Application in that behalf the persons herein
named have applied for the issue of a Charter constituting them a
corporation for the due carrying out of the undertaking hereinafter
set forth;
AND WHEREAS it has been made to appear that the said persons have
complied with the conditions precedent to the issue of the desired
Charter and that the said undertaking is within the scope of the
said Act;
AND WHEREAS by The Department of the Provincial Secretary and
Citizenship Act, 1960-61 it is provided that the Provincial
Secretary and Minister of Citizenship may exercise the powers that
were conferred on the Provincial Secretary at the time the said Act
came into force;
HIS 1-4 November 11, 1987
NOW THEREFORE KNOW YE that under the authority of the hereinbefore
in part recited Acts I DO BY THESE LETTERS PATENT issue a charter
to the Persons hereinafter named that is to say:
Kathleen Rose Whalen, Barry William Hales and David George Maxwell,
Students, Robert Gordon Fullerton, Director of Athletics, John
Jordan, Managing Director, and William Alfred Newman, Architectural
Technologist, all of The Municipality of Metropolitan Toronto, in
the County of York and Province of ontario; and Stanley Melvin
Adelman, of the city of Ottawa, in the Regional Area of The
Regional Municipality of Ottawa-Carlton and Province of Ontario,
Housing Field Worker, Canadian Union of Students; constituting them
and any others who become members of the Corporation hereby created
a corporation without share capital under the name of
NEILL-WYCIK COLLEGE, INCORPORATED
for the following objects, that is to say:
(a) TO promote the advancement of learning and the dissemination
of knowledge;
(b) TO promote the intellectual, social, moral and physical
development of its members and the betterment of society;
(c) TO establish and carryon scholarship and research programmes;
(d) TO establish and maintain a library;
(e) TO develop and conduct seminars, lectures and correspondence
courses, and to publish a journal and such other scholarly material
as shall be relevant to the educational purposes of the College,
but not academic credits shall be given by the College with regard
to participation in any such activities;
(f) TO construct, maintain and operate a building for the College
to provide dwelling accommodation and meals for the members of the
College and otherwise complementing the functions and facilities
of post-secondary institutions of learning and co-operating
therewith to the end that the members of the College will receive
a wider and fuller education than would otherwise be possible; and
HIS 1-5 August 31, 1988
(g) For the further attainment of the above objects, to take by
gift, devise, lease or purchase and to hold real and personal
property, including all such land, buildings, herditaments and
possessions as may from time to time be acquired or erected by
the College, and subject to The Charitable Gifts Act and The
Mortmain and Charitable Uses Act, to accept on behalf of the
College any gifts, devises or bequests of any property, real or
personal, and to invest the proceeds thereof or the income
therefrom in acquiring and maintaining residences for the purpose
of providing accommodation for the members of the College;
THE HEAD OFFICE of the corporation to be situated at the city of
Toronto, in the said County of York; and
THE FIRST DIRECTORS of the Corporation to be Kathleen Rose Whalen,
Barry William Hales, David George Maxwell, Robert Gordon Fullerton,
Stanley Melvin Adelman, John Jordan and William Alfred Newman,
hereinbefore mentioned;
AND IT IS HEREBY ORDAINED AND DECLARED that the corporation shall
be carried on without the purpose of gain for its members and any
profits or other accretions to the Corporation shall be used in
promoting its objects.
GIVEN under my hand and Seal of office at the city of Toronto in
the said Province of ontario this twenty-fourth day of July in the
year of Our Lord one thousand nine hundred and sixty-eight.
Robert Welch
Provincial Secretary
HIS 1-6 August 31, 1988
1.3 supplementary Letters Patent; Dated December 31, 1976
The Supplementary Letters Patent
1. converted the corporation into a Co-operative Corporation,
2. changed the corporate name,
3. inserted the word "co-operatively" into the objects of the
corporation, and
4. added provisions listed.
The Supplementary Letters Patent are reproduced here in their
entirety.
PROVINCE OF ONTARIO
BY THE HONOURABLE SIDNEY B. HANDLEMAN,
MINISTER OF CONSUMER AND COMMERCIAL RELATIONS
WHEREAS the Corporations Act provides that the Lieutenant Governor
may in his discretion issue Supplementary Letters Patent to any
corporation that applies therefor amending or otherwise altering
or modifying its Letters Patent or prior Supplementary Letters
Patent;
AND WHEREAS by the said Act it is further provided that the Member
of the Executive Council to who the administration of this Act is
assigned may in his discretion and under the seal of his office
have, use, exercise and enjoy any power, right or authority
conferred by the said Act on the Lieutenant Governor;
AND WHEREAS it has been made to appear that the Corporation herein
named has complied with the conditions precedent to the issue of
the desired Supplementary Letters Patent;
NOW THEREFORE KNOW YE that, being the Member of the Executive
Council to whom the administration of this Act is assigned,
HIS 1-7 August 31, 1988
I DO BY THESE SUPPLEMENTARY LETTERS PATENT TO
incorporate by Letters Patent date the
twenty-fourth day of July, 1968
(a) CONVERT the Corporation into a co-operative corporation without
share capital subject to The Co-operative Corporations Act, 1973;
(b) PROVIDE that the name of the corporation shall be
NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED;
(c) VARY the objects of the corporation by inserting immediately
preceding the objects the word "Co-operatively:"; and
(d) PROVIDE that:
(1) The authorized loan capital shall be unlimited;
(2) The amount of the minimum member loan shall be nil;
(3) The restrictions on transfer of member loans shall be
that no member loans shall be transferred without the express
consent of a majority of the directors to be signified by a
resolution passed by the board;
(4) The designation, terms and conditions attaching to each
class of membership shall not be applicable;
(5) The amount of the membership fee shall. be Twenty-five
dollars ($25) and may be changed by Articles of Amendment of
the Corporation; and
(6) Upon the dissolution of the Co-operative and after the
payment of all debts and liabilities, its remaining assets
shall be distributed or disposed of to charitable organizations
carrying on their activities solely within Canada.
GIVEN under my hand and seal of office at the City of Toronto in
the said Province of ontario this thirty-first day of December one
thousand nine hundred and seventy-six.
S.B. Handleman
Minister of Consumer and Commercial Relations
HIS 1-8 August 31, 1988
1.4 Articles of Amendment; Dated september 15, 1980
These articles delete the original objects from the Letters Patent,
and SUbstitute new obj ects more appropriate to Wycik' s co-op
status.
CERTIFICATE
OF
AMENDMENT OF ARTICLES
This is to certify that
NEILL-WYCIK CO-OPERATIVE COLLEGE INCQRPORATED
incorporated or amalgamated on July 24, 1968 has, under section
153 of the Co-operative Corporations Act, 1973, delivered the
attached Articles of Amendment.
These Articles of Amendment are effective on September 15, 1980.
Joseph M. Best
Director
Credit unions and Co-operatives Services Branch
HIS 1-9 August 31, 1988
THE CO-OPERATIVE CORPORATIONS ACT, 1973
ARTICLES OF AMENDMENT
OF
'NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED
INCORPORATED ON JULY 24, 1968
1. The following is a certified copy of the resolution amending
the articles of the co-operative:
BE IT RESOLVED that the Articles of Incorporation of Neill-
wycik Co-operative College be amended as follows:
(A) by deleting the present objects of the co-operative,
and replacing them by the following:
A. To own or lease and operate land and buildings for
the purpose of providing residential accommodation
to person,s the majority of whom shall be members
of the co-operative and who shall occupy the housing
units otherwise than as owners.
B. To hold, maintain, repair, alter, demolish,
reconstruct, manage, collect or receive revenue from
such dwellings, buildings and lands.
C. To enter into occupancy agreements with its members
upon such terms as it may deem advisable.
D. To encourage better understanding of the
operative principles and to contribute to
betterment of the community and to do all
things as are incidental or conducive to
attainment of the above objectives.
co-
the
such
the
E. The become a member of any association or
corporation having objectives altogether or in part
similar to those of the Co-operative or carrying on
any business activity capable of being conducted so
as to directly or indirectly benefit the co-
operative.
F. To sponsor and promote recreational, educations and
community activities of all kinds for the benefit
of its members and families.
HIS 1-10 August 31, 1988
G. For the further attainment of the above objects, to
take by gift, devise, leave or purchase and to hold
real and personal property, including all such land,
buildings , hereditaments and possessions as may from
time to time be acquired or erected by the College,
and subject to The Charitable Gifts Act and The
Mortmain and Charitable Uses Act, to accept on
behalf of the College any gifts, devises or bequests
or any property, real or personal, and to invest the
proceeds thereof or the income therefrom in
acquiring and maintaining residences for the purpose
of providing dwelling accommodation for the members
of the College;
(B) to provide that the directors shall serve as such without
remuneration, and no director shall directly or
indirectly receive any profit from his position as such,
provided that a director may be paid reasonable expenses
incurred by him in the performance of his duties.
2. The amendments has been duly authorized as required by
sUbsection 2 of section 151 of The Co-operative Corporations Act,
1973.
3. The resolution authorizing the amendment was confirmed by the
members of the co-operative on the 12th day of March, 1980.
4. These articles are executed in duplicate for delivery to the
Minister.
CERTIFIED
NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED
BY: Fred Malin, Secretary
Bruce Agar, Vice-President
HIS 1-11 August 31, 1988
1.5 Articles of Amendment; Dated February 23, 1984
These articles change the annual membership fee (Social Activity
Fee) to nil.
CO-OPERATIVE CORPORATIONS ACT
ARTICLES OF AMENDMENT
OF
INCORPORATED ON JULY 24, 1968
1. The following is a certified copy of the resolution amending
the articles of the co-operative:
BE IT HEREBY RESOLVED that the Articles of Incorporation
of Neill-Wycik Co-operative College be amended by varying
the annual membership fee to nil.
2. The amendment has been duly authorized as required by
subsection 2 of section 151 of the Co-operative Corporations
Act.
3. The resolution authorizing the amendment was confirmed by the
members of the co-operative on the 17th day of November, 1983.
4. These articles are executed in duplicate for delivery to the
Minister.
CERTIFIED
BY: Anna Marie Kowalchuk, President
Thea F. McCrea, Corporate Secretary
HIS 1-12 August 31, 1988
2 . BYLAW 1 AND AMENDING BYLAWS
Table of contents
2.1 List of Bylaws and Amending Bylaws . .

. 2
2.2 Original Bylaw 1 .

.

5
2.3 Bylaw 3, Amending Bylaw 1

.

. 15
2.4 Unnumbered Bylaw, Amending Bylaw 1

. .

16
2.5 Unnumbered Bylaw, Amending Bylaw 1 16
2.6 Bylaw 1 - April 22, 1970 to October 24, 1973 17

. .

27
2.8 Bylaw 1 - October 24, 1973 to November 13, 1974

. . 30

.

40
2.10 Bylaw 1 - November 13, 1974 to November 15, 1978 43

.

.

53

68
2.14 Bylaw 10, Amending Bylaw 1 .

. . 69
2.15 Bylaw 1 - November 12, 1980 to March 3 , 1982

.

71

. .

80
2.17 Bylaw 1 - March 3, 1982 to November 7, 1984 81
2.18 Bylaw 19, Amending, Bylaw 1

90
2.19 Bylaw 1
-
November 7, 1984 to November 4, 1987 91
2.20 AGM87 Motions, Amending Bylaw 1

. 100
2.22 Bylaw 21, Amending Bylaw 1 . . .

. .

110
2.23 Bylaw 1 - November 9, 1988 to March 7 , 1990 112
2.24 Bylaw 23, Amending Bylaw 1 . .

. . 121
2.25 Bylaw 1 - March 7, 1990 to November 14, 1990

. . 122
2 BYLAW 1 AND AMENDING BYLAWS
2.1 List of Bylaws and Amending Bylaws
Bylaw 1: a Bylaw relating generally to the affairs of Neill-
Wycik College Incorporated
Approved by Directors
Approved by Members
April 22, 1970
April 22, 1970
Bylaw 2: a Bylaw respecting the borrowing of money and the issue
of securities by Neill-Wycik College Incorporated
Approved by Members
April 22, 1970
April 22, 1970
Bylaw 3: to amend Bylaw 1 to establish a rotating system of
Directors.
Approved by Members
April 22, 1970
April 22, 1970
Bylaw 4: a Bylaw creating an Executive Committee
Approved by Members
April 22, 1970
April 22, 1970
no number to amend Bylaw 1 to establish ex-officio Board members
Approved by Directors March 11, 1971
Approved by Members November 10, 1970
(November 10 minutes of General Meeting cannot be
located. This amendment was apparently never entered
into the bylaws.)
no number to amend Bylaw 1 to assign signing officers
Approved by Directors December 9, 1971
Approved by Members October 11, 1972
(This amendment was apparently never entered into the
bylaws. )
Bylaw 5: to amend Bylaw 1 to update existing Bylaws.
Approved by Members
2
September 26, 1973
October 24, 1973
Bylaw 14: to amend Bylaw 9 by inclusion of the Payment and
Arrears Policy
Approved by Members
February 17 & 24 1982
March 3, 1982
Bylaw 15: to amend Bylaw 9 with respect to participation
Approved by Members
February 17, 1982
March 3, 1982
Bylaw 16: to amend Bylaw 1 to establish an Education and Social
Activity Fee
Approved by Member
February 24, 1982
March 3, 1982
Bylaw 17: to amend Bylaw 9 with respect to termination of
occupancy by member.
Approved by Members
November 2, 1982
November 17, 1982
Bylaw 18: to amend Bylaw 9 with respect to the Payment and
Arrears Policy
Approved by Members
February 16, 1983
March 23, 1983
Bylaw 19: to amend Bylaw 1 with respect to quorum at General
Members' meetings
Approved by Members
November 7, 1984
November 7, 1984
Bylaw 20: to amend Bylaw 9 with respect to Schedules A, Band C
and wordings in numerous sections
Approved by Members
october 12, 1988
November 9, 1988
Bylaw 21: to amend Bylaw 1 with respect to the number of members
required to call a general meeting
Approved by Members
october 12, 1988
November 9, 1988
Bylaw 22: to amend Bylaw 20, deleting provision for separate
school support
Approved by Members
4
August 2, 1989
Novmeber 15, 1989
2.2 Original Bylaw 1
Approved by Members
April 22, 1970
April 22, 1970
BYLAW NO. 1
A bylaw relating generally to the
BE IT ENACTED as a bylaw of NEILL-WYCIK COLLEGE, INC.
(hereinafter called the "College" as follows:
HEAD OFFICE
1. The head office of the College shall be in the city of
Toronto, in the Province of Ontario, and at such place therein as
the Board of Directors may from time to time determine.
2. The seal, an impression of which is stamped in the margin
hereof, shall be the corporate seal of the College.
MEMBERS
3. There shall be two classifications of membership in the
College, namely, Resident Membership and External membership.
4. Resident members shall be those students of higher learning
and their spouses, if any, who reside in the College and who have
been admitted as members thereof in accordance with the
5. External members shall be such persons as may be accepted
for membership in accordance with the regulations of the College.
6. There shall be no political, religious, or racial
discrimination in the selection of the members of the College.
7. The membership fee and all other requirements of membership
shall be determined from time to time by regulation.
8. Termination of membership shall be pursuant to the
regulations.
9. The affairs of the College shall be managed by a Board of
seven Directors each of whom at the time of his election or
within ten days thereafter and throughout his term of office
5
taken or had thereat.
14. voting. Questions arising at any meeting of Directors shall
be decided by a majority of votes. In a case of an equality of
votes, the Chairman, in addition to his original vote, shall have
a second or casting vote. All votes at any such meeting shall be
taken by ballot if so demanded by any Director present, but if no
demand be made, the vote shall be taken in the usual way by
assent or dissent. A declaration by the Chairman that a
resolution has been carried and an entry to that effect in the
Minutes shall be admissible in evidence as prima facie proof of
the fact without proof of the number or proportion of the votes
recorded in favour of or against such resolution. In the absence
of the President, his duties may be performed by the Vice-
President or such Director as the Board may from time to time
appoint for the purpose.
15. (a) Powers. The Directors of the College may administer the
affairs of the College in all things and make or cause to be made
for the college, in its name, any kind of contract which the
College, may lawfully enter into, and save as hereinafter
provided, generally, may exercise all such other powers and do
all such other acts and things as the College is by its charter
or otherwise authorized to exercise and do.
(b) The Directors of the College shall be responsible for
carrying on the educational program of the College and shall
appoint an Education committee to assist them to this end.
(c) The Directors may pass bylaws not contrary to The
Corporations Act or the letters patent to regulate the conduct of
the affairs of the College. Such bylaw and any repeal, amendment
or re-enactment thereof, unless in the meantime confirmed at the
general meeting of the members of the College duly called for
that purpose, will be only effective until the next annual
meeting of the members unless confirmed thereat and in default of
such confirmation thereat ceases to have effect at and from that
time, and, if that case, no new bylaw of the same or like
sUbstitution has any effect until confirmed at a general meeting
of the members.
16. Remuneration. The Directors shall receive no remuneration
for acting as such.
17. Liability. No Director or officer of the College shall be
liable for the acts, receipt, neglects or defaults of any other
Directors or officer, or for any loss of expense happening to the
College through the insufficiency or deficiency of title to any
p ~ o p e r t y acquired by order of the Board for or on behalf of the
College or for the insufficiency or deficiency of any security in
or upon which any of the monies of the College shall be invested,
or for any loss or damage arising from the bankruptcy,
insolvency, or tortious act of any person with whom any of the
monies, securities or effects of the College shall be deposited,
7
reference thereto.
21. Duties of Secretary. The secretary shall be ex officio
clerk of the Board of Directors. He shall attend all meetings of
the Board of Directors and record all facts and minutes of all
proceedings in the books kept for that purpose. He shall give
all notices required to be given to members and to Directors. He
shall be the custodian of the seal of the College and of all
books, papers, records, correspondence, contracts and all other
documents belonging to the College which he shall deliver up only
when authorized by a resolution of the Board of Directors to do
so and to such person or persons as may be named in the
resolution and he shall perform such other duties as may from
time to time be determined by the Board of Directors.
22. Duties of the Treasurer. The Treasurer, or person
performing the usual duties of a Treasurer, shall keep full and
accurate accounts of all receipts and disbursements of the
College in proper books of account and shall deposit all monies
or other valuable effects in the name and to the credit of the
College in such banks or bank as may from time to time be
designated by the Board of Directors. He shall disburse the
funds of the College under the direction of the Board of
Directors, taking proper vouchers therefor and shall render to
the Board of Directors at the regular meetings thereof or
whenever required of him, an account of all his transactions as
Treasurer, and of the financial position of the College. He shall
also perform such other duties as may from time to time be
determined by the Board of Directors.
23. Duties of Executive Director. The Board may delegate to the
Executive Director such power and authority to manage and direct
the affairs of the College (except such matters as must by law be
dealt with by the Board or by the members in general meeting)
and to discharge agents and employees of the College as the Board
considers desirable. The Executive Director shall conform to all
lawful orders given to him by the Board and shall give to the
Directors or any of them all information they may require
regarding the affairs of the College. Any agent or employee
appointed by the Executive Director shall be subject to discharge
by the Board.
EDUCATION COMMITTEE
24. There shall be an Education Committee whose constitution and
duties shall be outlines in the regulations. Subject to the
regulations all members of the College shall be entitled to
participate in the educational programme. The Committee shall be
entitled to permit such persons who are not members of the
College to participate in the educational programme as it shall
from time to time deem fit.
9
30. Quorum. A quorum for the transaction of business at any
meeting of members shall consist of not less than twenty-five per
cent of the membership present in person or represented by proxy.
If, at any general meeting of the College, a quorum is not
present, within the time determined at the discretion of the
Chairman following the hour for which the meeting is called, the
Chairman shall adjourn the meeting to a date not less than twelve
days there after and no more than fifteen days thereafter and the
decision of the said adjourned meeting shall be binding upon the
College regardless of the number of members present. Notice
31. Errors in Notice. No error or omission in giving notice of
any annual or general meeting of the members of the College shall
invalidate such meeting or make void any proceedings taken or had
thereat and any member may at any time waive notice of any such
meeting and may ratify, approve and confirm any or all
32. Requisition of Meetings. The Board shall, upon requisition
in writing, signed by not less than one-tenth of the members of
the College, which requisition shall state the general nature of
the business to be presented at the meeting, requisition a
general meeting of the members of the College in accordance with
the requirement of notice in paragraph 29. If the Board of
Directors does not, within twenty-one days from the date of the
requisition which was received, proceed to call a general meeting
of the members of the College, then not less than one-tenth of
the members themselves may call a general meeting in accordance
with the requirements for notice in paragraph 29, which meeting
shall be held within sixty days from the date the requisition was
received.
33. voting. Each member of the College shall at all meetings of
members be entitled to one vote and he may vote by proxy. Such
proxy need not himself be a member but before voting shall
produce and deposit with the Secretary sufficient appointment in
writing from a member. No persons shall act as proxy for more
than one member at anyone meeting. At all meetings of members
every question shall be decided by a majority of the votes of the
members present in person or represented by proxy unless
otherwise required by the By-laws of the college, or by law.
34. Amendment of Bylaws. The members may at a general meeting
duly called for the purpose, or at an annual meeting confirm,
reject, amend or otherwise deal with any bylaw passed by the
Directors and submitted to the meeting for confirmation but no
act done or right acquired under any such bylaw is prejudicially
affected by any such rejection, amendment, or other dealing.
FINANCE
11
41. cheques, etc. All cheques, bills of exchange or other
orders for the payment of money, notes or other evidences of
indebtedness issued in the name of the College, shall be signed
by such officer or officers, agent or agents of the College and
in such a manner as shall from time to time be determined by
resolution of the Board and anyone of the officers or agents may
alone endorse notes and drafts for collection on account of the
College through its bankers, and endorse notes and cheques for
deposit with the College's bankers for the credit of the College,
or the same may be endorsed "for collection" or "for deposit"
with the bankers of the College by using the College's rubber
stamp for the purpose. Anyone of such officers or agents so
appointed may arrange, settle, balance and certify all books and
accounts between the College and the College's bankers and may
receive all paid cheques and vouchers and sign all the bank's
forms or settlement of balances and release or verification
slips.
42. Deposit of securities for safekeeping. The securities of
the college shall be deposited for safekeeping with one or more
bankers, trust companies or other financial institutions to be
selected by the Board. Any and all securities so deposited may
be withdrawn, from time to time, only upon the written order of
the College signed by such officer or officers, agent or agents,
of the College and in such manner, as shall from time to time be
determined by resolution of the Board and such authority may be
general or confined to specific instances. The institutions
which may be so selected as custodians of the Board shall be
fully protected in acting in accordance with the directions of
the Board and shall in no event be liable for the due application
of the securities so withdrawn from deposit or the proceeds
thereof.
REGULATIONS
43. The Board, in the interest of the membership, may prescribe
Regulations not inconsistent with the by-laws relating to the
management and operation of the College and may amend or suspend
such Regulations.
BOOKS AND RECORDS
44. The Directors shall see that all necessary books and records
of the College required by the by-laws of the college or by law
are regularly and properly kept.
45. In the event of the dissolution of the College all assets
remaining after the payment of all bonds, debentures and
mortgages and all other liabilities outstanding, shall be
13
Bylaw 3 Approved by Directors
Approved by Members
April 22, 1970
April 22, 1970
BYLAW NO. 3
A bylaw establishing a rotating system of Directors for
BE IT ENACTED as a bylaw of Neill-Wycik College, Inc. as follows:
Paragraphs 9 and 10 of Bylaw No. 1 be deleted and that new
paragraphs 9 and 10 be added as follows:
Directors of 12 Directors, each of whom at the time of his
election or within ten days thereafter and throughout his term of
office shall be a member of the College. The Directors of the
College shall be elected and shall retire in rotation and at the
first meeting of the members for the election of Directors, six
Directors shall be elected to hold office for a term of two years
from the date of their election or until the second annual
meeting of the members after such date, whichever occurs first,
and six for a term of one year from the date of their election or
until the next annual meeting after such date, whichever first
occurs, and thereafter at each annual meeting, Directors shall be
elected to fill the positions of those Directors whose term of
office has expired and each Director so elected shall hold office
for a term of two years or until the second annual meeting after
his election, whichever occurs first. The election shall be by
ballot.
10. The College may, by resolution passed by at least two-thirds
of the votes cast at a general meeting of which notice specifying
the intention to pass such a resolution has been given, remove
any Director before the expiration of his term of office, any
may, by a majority of the votes cast at that meeting, elect any
ENACTED AND PASSED by the Directors this 22nd day of April, 1970.
15
2.6 Bylaw 1 - April 22, 1970 to October 24, 1973
BYLAW NO. 1
as amended by Bylaw No. 3
HEAD OFFICE
1. The head office of the College shall be in the City of
Toronto, in the Province of ontario, and at such place therein as
MEMBERS
regulations.
Directors of 12 Directors, each of whom at the time of his
election or within ten days thereafter and throughout his term of
office shall be a member of the College. The Directors of the
17
13. Errors in Notice. No error or omission in giving such
notice for a meeting of Directors shall invalidate such meeting
or invalidate or make void any proceedings taken or"had at such
meeting and any Director may at any time waive notice of such
meeting and may ratify and approve of any or all proceedings
a second or casting vote. All votes at any such meeting shall be
taken by ballot if so demanded by any Director present, but if no
resolution has been carried and an entry to that effect in the
Minutes shall be admissible in evidence as prima facie proof of
the fact without proof of the number or proportion of the votes
recorded in favour of or against such resolution. In the absence
of the President, his duties may be performed by the Vice-
President or such Director as the Board may from time to time
appoint for the purpose.
for the College, in its name, any kind of contract which the
appoint an Education Committee to assist them to this end.
the affairs of the college. Such bylaw and any repeal, amendment
of the members.
for acting as such.
19
purpose shall sign all by-laws and membership certificates.
During the absence or inability of the President, his duties and
powers may be exercised by the Vice-President, and if the Vice-
President, or such other Directors as the Board may from time to
time appoint for the purpose, exercises any such duty or power,
the absence of inability of the President shall be presumed with
reference thereto.
21. Duties of Secretary. The Secretary shall be ex officio
23. Duties of Executive Director. The Board may delegate to the
Executive Director such power and authority to manage and direct
the affairs of the College (except such matters as must by law be
considers desirable. The Executive Director shall conform to all
appointed by the Executive Director shall be subject to discharge
by the Board.
EDUCATION COMMITTEE
21
that any meetings of members may be held at any time and place
. without such notice if all the members of the College are present
thereat or represented by proxy duly appointed, and at such
meeting any business may be transacted which the College at
annual or general meetings may transact.
If, at any general meeting of the college, a quorum is not
received.
33. voting. Each member of the College shall at all meetings of
every question shall be decided by a majority of the votes of the
otherwise required by the By-laws of the College, or by law.
23
writing so signed shall be binding upon the College without any
further authorization or formality. The Directors shall have the
power from time to time by resolution to appoint any officer or
officers, person or persons, on behalf of the College either to
sign contracts, documents and instruments in writing generally or
to sign specific documents, contracts or instruments in writing.
forms or settlement of balances and release or verifica'tion
slips.
the College shall be deposited for safekeeping with one or more
thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
of the College required by the by-laws of the College or by law
25
Approved by Members
September 26, 1973 (Motion #3)
October 24, 1973 (Motion #1)
amends paragraph 9 to make rotating system of directors
permanent
amends paragraph 11 to allow directors to call a by-election
to fill Board vacancy(s)
amends paragraph 12 to allow a Board meeting to take place
without notice following any general meeting of the College
amends paragraph 14 to require recording of Board motions to
include the vote for, against, and abstentions; allows any
director to demand a recorded vote
amends paragraph 15b to have Board "approve", rather than
"appoint" the Education Committee
changes all occurrences of "Executive Director" to "General
Manager"
amend$ paragraph 19 to exclude the General Manager from
membership on the Board, and from any vote on the Management
Committee
amends paragraph 27 to remove the requirement for a
Regulations Committee and Audit Committee, and adds a
requirement for a permanent House Committee and Membership
Committee
amends paragraph 28 to move the annual general meeting from
February to October
amends paragraph 29 removing the absolute right for any
member to bring up any topic at a general meeting, even
without the permission of the members present; sUbstitutes a
procedure for placing items on the agenda of a general
meeting, or for appealing to the Board and the Meeting as
alternative measures
BYLAW NO. 5
A bylaw to update the existing bylaws
BE IT ENACTED as a bylaw of Neill-Wycik College, Inc. as follows:
Paragraph 9 of bylaw 1 (as amended by bylaw 3) be deleted and
that new paragraph 9 be added as follows:
Directors of 12 Directors each of whom at the time of his
election shall be a prior and continuing member in good standing
of the College. All Directors of the College shall be elected
27
sentence three of paragraph 19 of Bylaw 1 to be changed to read
as follows:
19 ..... The General Manager shall be approved by the Board of
Directors and will not himself be a Director nor voting member of
the Management Committee and shall hold office at the pleasure of
the Board.
Paragraph 27 of Bylaw 1 to be deleted and that new paragraph 27
be added as follows:
27. In addition to such other committees as the Board may
establish, there shall be the following committees:
(i) Membership Committee
(ii) House Committee
(iii) Management Committee
(iv) Education Committee
sentence two of paragraph 28 of Bylaw 1 be changed to read as
follows:
28. The Annual Meeting shall be held in the month of
October on such day as the said Directors shall appoint, said day
to be within fifteen (15) days after a regularly scheduled
meeting of the Board of Directors.
sentence two of paragraph 29 of Bylaw 1 to be deleted and new
sentence two to be added, along with three new sentences in
succession, to read as follows:
29 ..... The members may consider and transact any business,
either special or general, that has been submitted to the
Chairman at least three weeks prior to the date appointed for the
meeting. said agenda, along with all motions, must be posted and
circulated twenty-one days before the Annual Meeting. Appeals
for inclusion of agenda items can be submitted to the last Board
meeting held before the Annual Meeting, appeals needing a simple
majority to pass to be included. Appeals after said Board
Meeting may be submitted to the floor at the Annual Meeting and
may be placed on the Agenda if passed by 50% + 1 majority of the
eligible votes.
ENACTED AND PASSED by the Directors this 24th day of October,
1973.
29
and shall have a term of office of two years, six of whom will be
elected and shall retire in rotation every other year, the annual
election to be held on the first Wednesday of November in each
year. The election shall be by ballot.
11. vacancies. vacancies on the Board of Directors, however
caused, may so long as a quorum of Directors remain in office, be
filled by the Directors from among the qualified members of the
College, if they shall see fit to do so, until such vacancy shall
be filled at the next election or by-election, said by-elections
to be held at the discretion of the Board, but if there is not a
quorum of Directors, the remaining Directors shall forthwith call
a meeting of the Members to fill the vacancies.
12. Quorum and Meetings. A majority of the Directors shall form
a quorum for the transaction of business. Except as otherwise
required by law, the Board of Directors may hold its meetings at
such place or places as it may from time to time determine. No
formal notice of any such meeting shall be necessary if all the
directors are present, or if those absent have signified their
consent to the meeting being held in their absence. Directors'
meetings may be formally called by the President, or Vice-
President, or by the Secretary on direction in writing by two
Directors. Notice of such meetings shall be delivered,
telephoned or telegraphed to each Director not less than one day
before the meeting is to take place or shall be mailed to each
Director not less than two days before the meeting is to take
place. The statutory declaration of the Secretary or President
that notice has been given pursuant to this by-law shall be
sufficient and conclusive evidence of the giving of such notice.
The Board may appoint a day or days in any month or months for
regular meetings at an hour to be named and of such regular
meeting no notice need be sent. A Directors' meeting may also be
held, without notice, immediately following the General Meeting
of the College. The Directors may consider or transact any
business either special or general at any meeting of the Board.
or invalidate or make void any proceedings taken or had at such
31
or for any loss occasioned by any error of judgment or oversight
on his part, or for any other loss, damage, misfortune whatever
which shall happen in the execution of the duties of his office
or in relation thereto unless the same shall happen through his
own dishonesty, except as otherwise provided by law.
18. Indemnity. Every Director or officer of the College and his
heirs, executors and administrators, and estate and effects
respectively shall, from time to time, and at all times, be
indemnified and saved harmless out of the funds of the College,
from and against:
(a) All costs and charges and expenses whatsoever which
such Director or officer sustains or incurs in or about
any action, suit or proceeding which is brought,
commenced or prosecuted against him, for or in respect
of any deed, act, matter or thing whatsoever made, done
or permitted by him, in or about the execution of the
duties of his office;
(b) All other costs, charges and expenses which he sustains
or incurs in or about or in relation to the affairs
thereof, except such costs, charges or expenses as are
occasioned by his own wilful neglect or default.
OFFICERS
19. There shall be a President, a Vice-President, a Secretary, a
Treasurer and a General Manager, and such other officers as the
Board of Directors may determine by by-law from time to time.
The President, the Vice-President, the Secretary and the
Treasurer shall be elected by the Board of Directors from among
their number at the first meeting of the Board after the election
of such Board of Directors, provided that in default of such
election the then incumbents being members of the Board, shall
hold office until their successors are elected. The General
Manager shall be approved by the Board of Directors and will not
himself be a Director nor voting member of the Management
Committee and shall hold office at the pleasure of the Board.
20. Duties of the President and Vice-President. The president,
shall, when present, preside at all meetings of the members of
the College and of the Board of Directors. The President shall
also be charged with the general management and supervision of
the affairs and operations of the College. The President with
the Secretary or other officer appointed by the Board for the
33
COMMITTEES
25. The Board may from time to time establish such committees,
as in the opinion of the Board, are necessary to administer the
affairs of the College.
26. The constitution, duties and functions of all committees
i) Membership Committee
ii) House Committee .
iii) Management Committee
iv) Education Committee
The members of such committees shall be appointed by the Board
following the annual meeting of members.
MEETINGS
28. The annual or any other general meeting of the members of
the College be held at the head office of the College or
elsewhere in ontario as the Board of Directors may determine and
on such day as the said Directors shall appoint. The Annual
Meeting shall be held in the month of October on such day as the
said Directors shall appoint, said day to be within fifteen (15)
days after a regularly scheduled meeting of the Board of
Directors.
29. The annual meeting shall be held for the purpose of
receiving the report of the Directors, the financial statements,
and the report of the Auditors, electing Directors, appointing
Auditors and fixing or authorizing the Board to fix their
remuneration and for the transaction of such other business as
may properly be brought before the meeting. The members may
consider and transact any business, either special or general,
that has been submitted to the Chairman at least three weeks
prior to the date appointed for the meeting. Said agenda, along
with all motions, must be posted and circulated twenty-one days
before the Annual Meeting. Appeals for inclusion of agenda items
can be submitted to the last Board meeting held before the Annual
Meeting, appeals needing a simple majority to pass to be
included. Appeals after said Board Meeting may be submitted to
the floor at the Annual Meeting and may be placed on the Agenda
if passed by 50% + 1 majority of the eligible votes. The Board
of Directors or the President or Vice-President shall have power
to call at any time a general meeting of the of the
College. Notice of the time and place of every members' meeting,
annual and general, shall, unless all the members entitled to
notice of the meeting have waived in writing the notice, be given
either by sending the notice to each member by prepaid mail or
telegraph, ten days before the time fixed for the holding of such
35
FINANCE
35. Fiscal Year. The fiscal year of the College shall terminate
on the 30th day of April, in each year.
(c) charge, mortgage, hypothecate, or pledge all or any of
the real property or personal property of the College
including book debts, rights, powers, franchises, and
undertaking, to secure any securities or any money
borrowed, or any other debt, or any other obligation or
liability of the College.
From time to time the Directors may authorize any Director,
officer or employee of the College or any other person to make
arrangements with reference to the monies borrowed or to be
borrowed as aforesaid and as to the terms and conditions of the
loan thereof, and as to the securities to be given therefor, with
power to vary or modify such arrangements, terms and conditions
and to give such additional securities for any monies borrowed or
remaining due by the College as the Directors may authorize, and
generally to manage, transact, and settle the borrowing of money
by the College.
37. Reserve Fund. The Board shall, at its discretion, allocate
such amount as it deems fit at the end of each year toward a
reserve known as the contingency reserve, to take care of
unexpected expenses.
38. Insurance. The Directors shall insure against fire at all
times all buildings and other assets of the College to their full
insurable value.
39. Bond. Every officer or employee of the College who has
charge of or handles money or securities belonging to the College
shall be bonded with a surety company selected by the Board for
such an amount as may from time to time be prescribed by the
Board, but in no case for any amount less than One Thousand
Dollars ($1000.00). The Board may prescribe that any other
employee of the College shall be bonded in such an amount as the
Directors may determine.
37
disposed of by a Board of Trustees to such charitable
organization or organizations as the said Board of Trustees may
determine, provided only that such organization or organizations
must carryon their work solely in ontario and must at the time
of such disposition be exempt from tax or duty under the
provisions of any federal and/or ontario statutes which may levy
taxes or income, gifts, successions, devolutions or estates at
the respective times when such dispositions are made. The said
Board of Trustees shall be composed of one representative
appointed by the President of the Students Administrative Council
of Ryerson Poly technical Institute, and one representative
appointed by the President of Ryerson Poly technical Institute,
and one representative appointed by the Board of Directors of the
College immediately prior to its dissolution.
INTERPRETATION
46. In these by-laws and in all other by-laws of the College
hereafter passed unless the context otherwise requires, words
importing the singular number of the masculine gender shall
include the plural number or the feminine gender, as the case may
be, and vice versa.
47. All records may be kept in either French or English but need
not be kept in both. Either language may be used in any College
matters.
ENACTED AND PASSED by the Directors, this 22nd day of April,
1970.
39
every other year. The annual election of Directors to be held
coincidentally with the annual general meeting or failing that,
to be held on the first Wednesday of December of each year. The
Board of Directors must announce the date(s) of the Annual
General Meeting and the election of Directors at least 21 days
prior to the date of the Annual General Meeting. The election
shall be by ballot. No full-time staff member may be elected to,
appointed to, or sit on the Board as a voting member.
Paragraph 29 of Bylaw 1 (as amended by Bylaw 5) be deleted and
that a new paragraph 29 be added as follows:
and the report of the Auditors, electing Directors (in accordance
with paragraph 9 and 10), appointing Auditors and fixing or
authorizing the Board to fix their remuneration and for the
transaction of such other business as may properly be brought
before the meeting. The members may consider and transact any
business, either special or general, that has been submitted to
the Chairman at least three weeks prior to the date appointed for
the meeting. Said agenda, along with all motions, must be posted
and circulated twenty-one days before the Annual Meeting.
Appeals for inclusion of agenda items can be submitted to the
last Board meeting held before the Annual Meeting, appeals
needing a simple majority to pass to be included. Appeals after
said Board Meeting may be submitted to the floor at the Annual
Meeting and may be placed on the Agenda if passed by 50% + 1
majority of the members present. Notice of the time and place of
every members' meeting, annual and general, shall, unless all the
members entitled to notice of the meeting have waived in writing
the notice, be given either by sending the notice to each member
by prepaid mail or telegraph, or by posting on each residential
floor of the College building at 96 Gerrard Street East at least
ten days before the time fixed for the holding of such meeting or
by publishing the notice at least once a week for two consecutive
weeks next preceding the meeting in a newspaper or newspapers
circulated in the municipality of municipalities in which the
majority of the members of the College reside; provided that any
meetings of members may be held at any time and place without
such notice if all the members of the College are present thereat
or represented by proxy duly appointed, and at such meeting any
business may be transacted which the College at annual or general
meetings may transact.
Paragraph 30 of Bylaw 1 be deleted and that a new paragraph 30 be
added as follows:
30. Quorum. A quorum for the transaction of business of the
annual meeting of members shall consist of not less than ten per
cent of the total College membership present in person. If, at
any annual meeting of the College, a quorum is not present,
41
2.10 Bylaw 1 - November 13, 1974 to November 15, 1978
BYLAW NO. 1
as amended by Bylaws No.3, 5 and 6
HEAD OFFICE
MEMBERS
regulations.
9. The affairs of the College shall be managed by a Board of 12
Directors each of whom at the time of election shall be a prior
and continuing member in good standing of the College. All
Directors of the College shall have a term of office of two
43
votes, the Chairman, in additional to his original vote, shall
have a second or casting vote. All votes at any meeting shall be
taken by ballot on demand by any Director present, but if no
resolution has been carried and an entry indicating the number of
assents and dissents and abstentions in the Minutes shall be
admissible as prima facie proof of the fact. If so demanded by
any director present, the cote shall be recorded in the Minutes
indicating the names of the Directors present and the manner in
which each Director voted on a particular item. The right to a
secret ballot on demand by a Director shall at all ties take
precedence. In the absence of the President, his duties may be
performed by the Vice-President of such Director as the Board may
from time to time appoint for such purpose.
for the College, in its n a m ~ , any kind of contract which the
approve an Education Committee to assist them to this end.
the affairs of the College. Such bylaw and any repeal, amendment
of the members.
for acting as such.
property acquired by order of the Board for or on behalf of the
45
reference thereto.
21. Duties of Seoretary. The Secretary shall be ex officio
'performing the usual duties of a Treasurer, shall keep full and
whenever required of him, an account ;of all his transactions as
Treasurer, and of the financial position of the college. He shall
23. Duties of General Manager. The Board may delegate to the
General Manager such power and authority to manage and direct the
affairs of the College (except such matters as must by law be
considers desirable. The General Manager shall conform to all
appointed by the General Manager shall be subject to discharge by
the Board.
EDUCATION COMMITTEE
regulations all members of the college shall be entitled to
47
the notice, be given either by sending the notice to each member
by prepaid mail or telegraph, or by posting on each residential
floor of the College building at 96 Gerrard street East at least
ten days before the time fixed for the holding of such meeting or
by publishing the notice at least once a week for two consecutive
weeks next preceding the meeting in a newspaper or newspapers
circulated in the municipality of municipalities in which the
majority of the members of the College reside; provided that any
meetings of members may be held at any time and place without
such notice if all the members of the College are present thereat
or represented by proxy duly appointed, and at such meeting any
business may be transacted which the College at annual or general
meetings may transact.
cent of the total College membership present in person. If, at
any annual meeting of the College, a quorum is not present,
within the time determined at the discretion of the Chairman
following the hour for which the meeting is called, the Chairman
shall adjourn the meeting to a date not less than twelve days
thereafter and no more than fifteen days thereafter and the
shall be provided as in paragraph 29. A quorum for the
transaction of business of a general meeting of , members (not
being the annual meeting) shall consist of not less than fifteen
(15) per cent of the total College membership present in person.
If, at any general meeting of the College a quorum is not
Chairman may adjourn the meeting to a date not less than twelve
days thereafter and no more than fifteen days thereafter and the
College regardless of the number of members present, or the
Chairman may choose to cancel the meeting at his discretion.
49
insurable value.
40. Execution of Documents. Contracts, documents or any other
instrument in writing requiring the signature of the College may
be signed by the President or Vice-President and the Secretary,
or the Treasurer, and all documents, contracts and instruments in
41. Cheques, etc. All cheques, bills of exchange or other
slips.
51
Approved,by Directors
Approved by Members
November 15, 1978 (Motion #1)
November 15, 1978 (Motion #4)
deletes paragraph 2, regarding the seal, as it is unnecessary
deletes paragraphs 3, 4 and 5, abolishing classifications of
membership, and replaces them with a statement regarding
qualification for membership
amends paragraph 7 setting out procedure for setting rents
amends paragraph 8 setting out the procedure for termination
of occupancy and membership
deletes paragraph 10, which gave the procedure for a director
to be removed from the Board by a meeting of members (now
covered by Co-operative Corporations Act)
deletes paragraph 15c, regarding the passing of bylaws (now
amends paragraph 29 by deleting the provisions for giving
notice of a general members meeting through posting of notices
on the floors and through publication in newspapers
editorial amendment paragraph 30 (Quorum at members
meetings) .
deletes paragraph 34 regarding amendment of bylaws (now
amends paragraph 37 by the additions of paragraph "b",
concerning use of reserve funds
deletes paragraph 45 (Disposing Assets on Dissolution) (now
all paragraphs renumbered
Amended Draft of Bylaw number 7
of Neill-Wycik Co-operative College, Inc.,
to amend Bylaw number 1 in order to conform
to superseding Acts of the Province of ontario.
Be it enacted as a Bylaw of Neill-Wycik Co-operative College, Inc.,
hereinafter referred to as "the College", as follows:
That Bylaw number 1, hereinafter to at "the bylaw", of
the college, be amended as set forth below:
1. Paragraph 2 of the bylaw shall be deleted since it is
unnecessary.
2. (a) Paragraphs 3, 4, and 5 of the bylaw shall be deleted,
thereby abolishing classifications of membership.
(b) Classifications of membership shall be replaced by the
following statement:
(a) Membership is opened to call applicants deemed acceptable
53
on the member, or left at the unit, two days following
the meeting. The Notice may be in Form 2 attached
hereto.
(vi) If the member fails to vacate in accordance with
the Notice, the College may apply for a writ of
Possession against the member and take such other
action to recover possession as it may deem
appropriate.
(b) Provisions relating to the Landlord and Tenant Act:
(i) None of the goods and chattels of any member shall
be subject to levy by distress for arrears or rent or
housing charges or other charges owing or default under
an Occupancy Agreement and the College shall not have
any right of distress in any circumstances.
(ii) Unless a member conserits, or abandons his unit,
the College shall not re-enter or regain possession of
the unit except under the authority of a writ of
Possession or other judicial process.
(iii) Notwithstanding the provisions of section 18(1)
of the Landlord and Tenant Act, R.S.O. 1970 ch236 the
College shall have no right to terminate Occupancy
Rights or to re-enter the unit unless the provisions of
its bylaws have been adhered to.
(iv) No member may assign, sublet, underlet, or part
with possession of his unit except in accordance with
the Articles, Rules and Regulations, or his Occupancy
Agreement, without consent of the College.
(v) Notwithstanding anything contained in the Articles,
Bylaws, Rules and Regulations, or any Occupancy
Agreement of the College, in the event of default only
Occupancy Rights shall be terminated initially and the
member's status and rights as a member, other than his
right to occupy, shall remain in full force and effect.
(c) Termination of Membership:
Termination of membership shall be pursuant to sections
64 (by the member) and 66 (by the College) of The Co-
operative Corporations Act.
5. Paragraph 10 of the bylaw shall be deleted.
6. Paragraph 15(c) of the bylaw shall be deleted.
7. Paragraph 29 of the bylaw shall be amended in the following
manner:
(a)
(b)
The phrase "or by posting on each residential floor of
the College building at 96 Gerrard street East" shall
be deleted.
The phrase "or by publishing the notice at least once a
week for two consecutive weeks next preceding the
meeting in a newspaper of newspapers circulated in the
municipality or municipalities in which the majority of
the members of the College reside" shall be deleted.
55
BYLAW NO. 1
as amended by Bylaws No.3, 5, 6 and 7
HEAD OFFICE
MEMBERS
2. (a) Membership is opened to all applicants deemed
acceptable as outlined in the Bylaws and Regulations of the
College, and will be granted, by procedure decided by a vote of
the members, or a body duly elected or appointed by the members,
or a committee thereof.
(b) Members thus accepted may be offered the right to
occupy residential space within the College by Occupancy
Agreement, where such space is requested and available.
4. Housing charges and other charges similar to rent, or any
other charges payable by members, shall be decided by a vote of
the members or of a body duly elected or appointed by the
members, or a committee thereof.
5. Not withstanding anything contained in the Bylaws of the
College or in any Occupancy Agreement, the following provisions
shall apply:
(a) Termination of Occupancy Rights:
(i) Termination of Occupancy Rights shall take place
separately from termination of membership rights and
may be brought about only by a vote of the members or a
57
(iii) Notwithstanding the provisions of section 18(1)
of the Landlord and Tenant Act, R.S.O. 1970 ch236 the
College shall have no right to terminate Occupancy
Rights or to re-enter the unit unless the provisions of
its bylaws have been adhered .to.
(iv) No member may assign, sublet, underlet, or part
with possession of his unit except in accordance with
the Articles, Rules and Regulations, or his Occupancy
Agreement, without consent of the College.
(v) Notwithstanding anything contained in the Articles,
Bylaws, Rules and Regulations, or any Occupancy
Agreement of the College, in the event of default only
Occupancy Rights shall be terminated initially and the
member's status and rights as a member, other than his
right to occupy, shall remain in full force and effect.
(c) Termination of Membership:
Termination of membership shall be pursuant to sections
64 (by the member) and 66 (by the College) of The Co-
years, six of whom will be elected and shall retire in rotation
7. Vacancies. vacancies on the Board of Directors, however
59
for acting as such.
from and against:
of any deed, act, matter'or thing whatsoever made, done
OFFICERS
61
the Board.
EDUCATION COMMITTEE
COMMITTEES
ii) House Committee
MEETINGS
the College shall be held at the head office of the College or
Directors.
63
received.
29. voting. Each member of the College shall at all annual or
general meetings of the members be entitled to one vote. At all
annual or general meetings every question shall be decided by the
majority of the votes of the members present unless otherwise
required by the bylaws of the College, or by law.
FINANCE
30. The fiscal year of the College shall terminate on the Sunday
preceding Labour Day, effective September 3, 1978.
by the College.
32. Reserve Fund. (a) The Board shall, at its discretion,
allocate such amount as it deems fit at the end of each year
toward a reserve known as the contingency reserve, to take care
of unexpected expenses.
(b) Any surplus arising from the business of the College
in each fiscal year shall be set aside by the College as a
reserve fund. Such reserve shall not be paid or in any way
65
selected by t h ~ Board. Any and all securities so deposited may
thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
INTERPRETATION
be, and vice versa.
matters.
1970.
67
Approved by Members
?
November 12, 1980
deletes paragraph 4 concerning the procedure for establishing
housing charges (moved to bylaw 9)
deletes paragraphs 5a and 5b concerning termination of
occupancy rights (moved to bylaw 9)
amends paragraph 6, deleting provision for an election after
the annual general meeting and revising the procedure for
giving notice of the elections; editorial changes
deletes paragraph lIb, charging the directors with carrying
on the educational program of the College
deletes paragraph 20, which required an education committee
to exist
renumbers all paragraphs as necessary
BYLAW NO. 10
A Bylaw to amend Bylaw No. 1 of Neill-Wycik Co-operative College.
BE IT ENACTED AS A BYLAW of Neill-Wycik Co-operative College, Inc.
(hereinafter called "The College") as follows:
1. Paragraph 4 of Bylaw No. 1 shall be deleted.
2. Paragraph
Subsection (c)
number.
5, subsection (a)
shall be retained,
and (b) shall be deleted.
designated only by paragraph
3. Paragraph 6 of Bylaw No.1 shall be amended to read:
"The affairs of the College shall be managed by a Board of 12
Directors each of whom at the time of election shall be a
prior and continuing member in good standing of the College.
All directors of the College shall have a term of office of
two years, six of whom are elected in rotation every other
year. The annual election of Directors shall be held co-
incidentally with the Annual General Meeting. The Board of
Directors must announce the date of the election in the same
manner and under the same conditions as for serving notice of
the Annual General Meeting. The election shall be by ballot.
No full-time permanent staff member may be elected to,
appointed to, or sit on the Board of Directors."
4. Paragraph 11, SUbsection (b) of Bylaw No.1 shall be deleted.
69
2.15 Bylaw 1 - November 12, 1980 to March 3, 1982
BYLAW NO. 1
as amended by Bylaws No.3, 5, 6, 7, 8 and 10
HEAD OFFICE
MEMBERS
4. Termination of membership shall be pursuant to sections 64
(by the member) and 66 (by the College) of The Co-operative
Corporations Act.
years, six of whom are elected in rotation every other year. The
annual election of Directors shall be held coincidentally with
the Annual General Meeting. The Board of Directors must announce
the date of the election in the same manner and under the same
conditions as for serving notice of the Annual General Meeting.
The election shall be by ballot. No full-time staff member may
71
10. Powers. The Directors of the college may administer the
for acting as such.
from and against:
73
the Board.
COMMITTEES
ii) House Committee
MEETINGS
Directors.
75
received.
FINANCE
by the College.
(b) Any surplus arising from the business of the college
77
thereof.
REGULATIONS
management and operation of the college and may amend or suspend
such Regulations.
BOOKS AND RECORDS
INTERPRETATION
be, and vice versa.
matters.
1970.
79
BYLAW NO. 1
as amended by Bylaws No.3, 5, 6, 7, 8, 10 and 16
HEAD OFFICE
MEMBERS
4. Each member shall pay annually an Education and Social
Activities Fee. The amount of this fee shall be determined from
time to time by the membership on the recommendation of the Board
of Directors. This bylaw shall be effective as of September,
1982.
Corporations Act.
81
11. Powers. The Directors of the College may administer the
for acting as such.
from and against:
83
the Board.
COMMITTEES
ii) House committee
MEETINGS
elsewhere in Ontario as the Board of Directors may determine and
Directors.
85
received.
FINANCE
officer or employee of the college or any other person to make
by the College.
87
slips.
thereof.
REGULATIONS
such Regulattons.
BOOKS AND RECORDS
INTERPRETATION
be, and vice versa.
matters.
1970.
89
BYLAW NO. 1
as amended by Bylaws No.3, 5, 6, 7, 8, la, 16 and 19
HEAD OFFICE
MEMBERS
of Directors. This bylaw shall be effective as of September,
1982.
Corporations Act.
Directors each of whom at the time of election shall bea prior
91
for acting as such.
from and against:
93
and the report of-the Auditors, electing Directors (in accordance
majority of the members present. Notice of the time and p l a c ~ of
the notice, be given by sending the notice to each member by
prepaid mail or telegraph at least ten days before the time fixed
for the holding of such meeting; provided that any meetings of
members may be held at any time and place without such notice if
all the members of the College are present thereat or represented
by proxy duly appointed, and at such meeting any business may be
transacted which the College at annual or general meetings may
transact.
25. Quorum. A quorum for the transaction of business of any
general meeting of members shall consist of not less than ten per
cent of the total College membership. If, at any general meeting
of the College, a quorum is not present, within the time
determined at the discretion of the Chairman following the hour
for which the meeting is called, the Chairman shall adjourn the
meeting to a date not less than twelve days thereafter and no
more than fifteen days thereafter and the decision of the said
adjourned meeting shall be binding upon the College regardless of
the number of members present. For general meetings other than
the annual meeting the chairman may cancel the general meeting
rather than adjourning it to a later date. Notice shall be
provided as in paragraph 24.
26. Errors in Notice. No error or omission in glvlng notice of
96
the members themselves may call a general "meeting in accordance
received.
FINANCE
liability of the College. .
and to give such additional securities for "any monies borrowed or
by the College.
distributed to the members, but shall be applied for such
97
thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
INTERPRETATION
be, and vice versa.
not be kept in both. Either l a n g u a g ~ may be used in any College
matters.
1970.
99
BYLAW NO. 1
as amended by Bylaws No.3, 5, 6, 7, 8, 10, 16 and 19
and AGM87
BE IT ENACTED as a bylaw of NEILL-WYCIK COLLEGE, INC. (hereinafter
called the "College" as follows:
HEAD OFFICE
MEMBERS
2. (a) Membership is opened to all applicants deemed acceptable
as outlined in the Bylaws and Regulations of the College, and will
be granted, by procedure decided by a vote of the members, or a
body duly elected or appointed by the members, or a committee
thereof.
(b) Members thus accepted may be offered the right to occupy
residential space within the College by Occupancy Agreement, where
such space is requested and available.
of Directors. This bylaw shall be effective as of September, 1982.
Corporations Act.
6. The affairs of the Cooperative shall be managed by a Board of
12 Directors each of whom at the time of election shall be a prior
and continuing member in good standing of the cooperative. The
annual election of Directors shall be held at the Annual General
101
votes, the Chairman, in additional to his original vote, shall have
a second or casting vote. All votes at any meeting shall be taken
by ballot on demand by any Director present, but if no demand be
made, the vote shall be taken in the usual way by assent or
dissent. A declaration by the Chairman that a resolution has been
carried and an entry indicating the number of assents and dissents
and abstentions in the Minutes shall be admissible as prima facie
proof of the fact. If so demanded by any director present, the
cote shall be recorded in the Minutes indicating the names of the
Directors present and the manner in which each Director voted on
a particular item. The right to a secret ballot on demand by a
Director shall at all ties take precedence. In the absence of the
President, his duties may be performed by the Vice-President of
such Director as the Board may from time to time appoint for such
purpose.
College, may lawfully enter into, and save as hereinafter provided,
generally, may exercise all such other powers and do all such other
acts and things as the College is by its charter or otherwise
authorized to exercise and do.
for acting as such.
College through the insUfficiency or deficiency of title to any
or for any loss or damage arising from the bankruptcy, insolvency,
or tortious act of any person with whom any of the monies,
securities or effects of the College shall be deposited, or for any
loss occasioned by any error of judgment or oversight on his part,
or for any other loss, damage, misfortune whatever which shall
happen in the execution of the duties of his office or in relation
thereto unless the same shall happen through his own dishonesty,
except as otherwise provided by law.
from and against:
103
shall perform such other duties as may from time to time be
18. Duties of the Treasurer. The Treasurer, or person performing
the usual duties of a Treasurer, shall keep full and accurate
accounts of all receipts and disbursements of the College in proper
books of account and shall deposit all monies or other valuable
effects in the name and to the credit of the College in such banks
or bank as may from time to time be designated by the Board of
Directors. He shall disburse the funds of the College under the
direction of the Board of Directors, taking proper vouchers
therefor and shall render to the Board of Directors at the regular
meetings thereof or whenever required of him, an account of all his
transactions as Treasurer, and of the financial position of the
College. He shall also perform such other duties as may from time
to time be determined by the Board of Directors.
affairs of the College (except such matters as must by law be dealt
with by the Board or by the members in general meeting) and to
discharge agents and employees of the College as the Board
Directors or any of them all information they may require regarding
the affairs of the College. Any agent or employee appointed by the
General Manager shall be subject to discharge by the Board.
COMMITTEES
20. The Board may from time to time establish such committees, as
in the opinion of the Board, are necessary to administer the
21. The constitution, duties and functions of all committees shall
be determined from time to time by regulation.
ii) House Committee
MEETINGS
23. The annual or any other general meeting of the members of the
College shall be held at the head office of the College or
on such day as the said Directors shall appoint.
105
meeting of the members of the College in accordance with the
requirement of notice in paragraph 24. If the Board of Directors
does not, within twenty-one days from the date of the requisition
which was received, proceed to call a general meeting of the
members of the College, then not less than one-tenth of the members
themselves may call a general meeting in accordance with the
requirements for notice in paragraph 24, which meeting shall be
held within sixty days from the date the requisition was received.
maj ori ty of the votes of the members present unless otherwise
FINANCE
29. The fiscal year of the College shall terminate on August 31.
From time to time the Directors may authorize any Director, officer
or employee of the College or any other person to make arrangements
with reference to the monies borrowed or to be borrowed as
aforesaid and as to the terms and conditions of the loan thereof,
and as to the securities to be given therefor, with power to vary
or modify such arrangements, terms and conditions and to give such
additional securities for any monies borrowed or remaining due by
the College as the Directors may authorize, and generally to
manage, transact, and settle the borrowing of money by the College.
allocate such amount as it deems fit at the end of each year toward
a reserve known as the contingency reserve, to take care of
(b) Any surplus arising from the business of the College in
each fiscal year shall be set aside by the College as a reserve
fund. Such reserve shall not be paid or in any way distributed to
the members, but shall be applied for such purposes as are not
inconsistent with the Letters Patent as amended. The College may
invest all or part of the reserve fund in such investments as it
thinks fit from time to time, deal with and vary such investments
and dispose of all or part thereof for the benefit of the College.
107
securities so withdrawn from deposit or the proceeds thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
INTERPRETATION
importing the singular number of the masculine gender shall include
the plural number or the feminine gender, as the case may be, and
vice versa.
matters.
ENACTED AND PASSED by the Directors, this 22nd day of April, 1970.
109
Passed by the Board and sealed with the corporate seal of the Co-
operative this 12th day of October, 1988.
Confirmed by two-thirds of the vote cast at a meeting of members,
this 9th day of November, 1988.
111
and continuing member in good standing of the College. The annual
election of Directors shall be held at the Annual General Meeting.
The election shall be by ballot. The Board of Directors may open
nominations prior to the Annual General Meeting. Candidates
nominated prior to the Annual General Meeting must be nominated in
writing by 10 members of the cooperative. Candidates nominated at
the meeting will be write-in candidates on the ballot. The six
candidates who receive the highest vote totals will have two year
terms. No full-time permanent staff member may be elected to,
appointed to, or sit on the board as a Director.
7. (a) Vacancies. Vacancies on the Board of Directors, however
to be held at the discretion of the Board, but if there is not
(b) Removal of Directors. All members of the Board of
Directors are obligated to attend meetings of the Board. Failure
by a Director to attend three consecutive meetings of the Board
disqualifies the Director from continuing as a Director unless the
Board excuses such absence by resolution.
Directors. Notice of such meetings shall be delivered, telephoned
or telegraphed to each Director not less than one day before the
meeting is to take place or shall be mailed to each Director not
less than two days before the meeting is to take place. The
statutory declaration of the Secretary or President that notice has
been given pursuant to this by-law shall be sufficient and
conclusive evidence of the giving of such notice. The Board may
appoint a day or days in any month or months for regular meetings
at an hour to be named and of such regular meeting no notice need
be sent. A Directors' meeting may also be held, without notice,
immediately following the General Meeting of the College. The
Directors may consider or transact any business either special or
general at any meeting of the Board.
113
heirs, executors and administrators; and estate and effects
from and against:
(a) All costs and charges and expenses whatsoever which such
Director or officer sustains or incurs in or about any action, suit
or proceeding which is brought, commenced or prosecuted against
him, for or in respect of any deed, act, matter or thing whatsoever
made, done or permitted by him, in or about the execution of the
(b) All other costs, charges and expenses which he sustains or
incurs in or about or in relation to the affairs thereof, except
such costs, charges or expenses as are occasioned by his own wilful
neglect or default.
OFFICERS
Board of Directors may determine by by-law from time to time. The
President, the Vice-President, the Secretary and the Treasurer
shall be elected by the Board of Directors from among their number
at the first meeting of the Board after the election of such Board
of Directors, provided that in default of such election the then
incumbents being members of the Board, shall hold office until
their successors are elected. The General Manager shall be
approved by the Board of Directors and will not himself be a
Director nor voting member of the Management Committee and shall
hold office at the pleasure of the Board.
16. Duties of the President and Vice-President. The President,
shall, when present, p r ~ s i d e at all meetings of the members of the
College and of the Board of Directors. The President shall also
be charged with the general management and supervision of the
affairs and operations of the College. The President with the
Secretary or other officer appointed by the Board for the purpose
shall sign all by-laws and membership certificates. During the
absence or inability of the President, his duties and powers may
be exercised by the Vice-President, and if the Vice-President, or
such other Directors as the Board may from time to time appoint for
the purpose, exercises any such duty or power, the absence of
inability of the President shall be presumed with reference
thereto.
17. Duties of Secretary. The Secretary shall be ex officio clerk
of the Board of Directors. He shall attend all meetings of the
Board of Directors and record all facts and minutes of all
proceedings in the books kept for that purpose. He shall give all
notices required to be given to members and to Directors. He shall
115
statements, and the report of the auditors, electing Directors (in
accordance with paragraph 6 and 7), appointing Auditors and fixing
or authorizing the Board to fix their remuneration and for the
business, either special or general, that has been submitted to the
meeting. Said agenda, along with all motions, must be posted and
circulated twenty-one days before the annual meeting. Appeals for
inc 1 us ion of agenda items can be submitted to the last Board
Meeting held before the annual meeting, appeals needing a simple
majority to pass to be included. Appeals after said Board meeting
may be submitted to the floor at the annual meeting and may be
placed on the agenda if passed by 50% + 1 majority of the members
present.
24. Notice for Meetings. Notice of the time and place of every
member's meeting, annual or general, shall unless all the members
enti tIed to notice of the meeting have waived in writing the
notice, be given either by sending the notice to each member by
mail or telegraph, provided that any meeting of members may be held
at any time and place without such notice if all the members of the
College are present thereat and at such meeting any business may
be transacted which the College at annual or general meetings may
transact. Notice for meetings other than the general meeting may
be ten days or more, at the discretion of the Board, as set out in
the Co-operative Corporations Act, section 75.
of the College, a quorum is not present, within the time determined
at the discretion of the Chairman following the hour for which the
meeting is called, the Chairman shall adjourn the meeting to a date
not less than twelve days there after and no more than fifteen days
thereafter and the decision of the said adjourned meeting shall be
binding upon the College regardless of the number of members
present. For general meetings other than the annual meeting the
Chairman may cancel the general meeting rather than adjourning it
to a later date. Notice shall be provided as in paragraph 24.
any annual or general meeting to the members of the College shall
meeting and may ratify, approve and confirm any or all proceedings
in writing, signed by not less than five per cent of the members
of the College, which requisition shall state the general nature
of the business to be presented at the meeting, requisition a
117
insurable value.
33. Bond. Every officer or employee of the College who has charge
of or handles money or securities belonging to the College shall
be bonded with a surety company selected by the Board for such an
amount as may from time to time be prescribed by the Board, but in
no case for any amount less than One Thousand Dollars ($1000.00).
The Board may prescribe that any other employee of the College
shall be bonded in such an amount as the Directors may determine.
be signed by the President or Vice-President and the Secretary, or
the Treasurer, and all documents, contracts and instruments in
35. Cheques, etc. All cheques, bills of exchange or other orders
for the payment of money, notes or other evidences of indebtedness
issued in the name of the College, shall be signed by such an
officer or officers, agent or agents of the College and in such a
manner as shall from time to time be determined by resolution of
the Board and anyone of the officers or agents may alone endorse
notes and drafts for collection on account of the College through
its bankers, and endorse notes and cheques for deposit with the
College's bankers for the credit of the College, or the same may
be endorsed "for collection" or "for deposit" with the bankers of
the College by using the College's rubber stamp for the purpose.
Anyone of such officers or agents so appointed may arrange,
settle, balance and certify all books and accounts between the
College and the College's bankers and may receive all paid cheques
and vouchers and sign all the bank's forms or settlement of
balances and release or verification slips.
36. Deposit of Securities for safekeeping. The securities of the
College shall be deposited for safekeeping with one or more banks,
trust companies or other financial institutions to be selected by
the Board. Any and all securities so deposited may be withdrawn,
from time to time, only upon the written order of the College
signed by such officer or officers, agent or agents, of the College
and in such manner, as shall from time to time be determined by
resolution of the Board and such authority may be general or
confined to specific instances. The institutions which may be so
selected as custodians of the Board shall be fully protected in
119
Approved by Members
technical error paragraph 24
February 28, 1990
March 7, 1990
insert paragraph 19, Duties of the Assistant Treasurer
BYLAW NO. 23
of
NEILL-WYCIK CO-OPERATIVE COLLEGE INC.
A Bylaw to amend Bylaw No. 1
BE IT ENACTED as a Bylaw of NEILL-WYCIK CO-OPERATIVE COLLEGE, INC.,
that Bylaw 1 be amended as follows:
1. Replace the last sentence of paragraph 24 with the following:
Notice for meetings other than the annual meeting may be
ten days or more, at the discretion of the Board, as set
out in the Co-operative Corporations Act, section 75.
2. Insert a new paragraph following paragraph 18 as follows:
19. Duties of the Assistant Treasurer. The Assistant
Treasurer shall assist the Treasurer in all of his/her
duties as set out in paragraph 18, and shall act on the
Treasurer's behalf when the Treasurer is unavailable to
perform those duties. When the Treasurer is absent from
a meeting of a committee to which s/he has been assigned
the Assistant Treasurer may attend on the Treaurer IS
behalf and shall possess all rights and responsibilities
of the Treasurer on the committee, including the right
to vote, if the Treasurer is a voting member of the
committee. On committees where both the Treasurer and
the Assistant Treasurer vote, the Assistant Treasurer
shall cast only one vote in the absence of the Treasurer.
3. Paragraphs shall be renumbered as necessary.
operative this 28th day of February, 1990.
this 7th day of March, 1990.
121
BOARD OF DIRECTORS
and continuing member in good standing of the College. The annual
election of Directors shall be held at the Annual General Meeting.
The election shall be by ballot. The Board of Directors may open
nominations prior to the Annual General Meeting. Candidates
nominated prior to the Annual General Meeting must be nominated in
writing by 10 members of the cooperative. Candidates nominated at
the meeting will be write-in candidates on the ballot. The six
candidates who receive the highest vote totals will have two year
terms. No full-time permanent staff member may be elected to,
appointed to, or sit on the board as a Director.
7. (a) Vacancies. Vacancies on the Board of Directors, however
to be held at the discretion of the Board, but if there is not
(b) Removal of Directors. All members of the Board of
Directors are obligated to attend meetings of the Board. Failure
by a Director to attend three consecutive meetings of the Board
123
from and against:
neglect or default.
OFFICERS
shall, when present, preside at all meetings of the members of the
thereto.
125
MEETINGS
24. Annual Meeting. The annual meeting shall be held for the
purpose of receiving the report of the Directors, the financial
inclusion of agenda items can be submitted to the last Board
may be submitted to the floor at the annual meeting and may be
present.
members' meeting, annual or general, shall unless all the members
enti tled to notice of the meeting have waived in writing the
College are present thereat and at such meeting any business may
be transacted which the College at annual or general meetings may
transact. Notice for meetings other than the annual meeting may
be ten days or more, at the discretion of the Board, as set out in
the Co-operative corporations Act, section 75.
not less than twelve days there after and no more than fifteen days
Chairman may cancel the general meeting rather than adjourning it
127
(b) Any surplus arising from the business of the College in each
fiscal year shall be set aside by the College as a reserve fund.
Such reserve shall not be paid or in any way distributed to
members, but shall be applied for such purposes as are not
insurable value.
issued in the name of the College, shall be signed by such an
officer or officers, agent or agents of the College and in such a
manner as shall from time to time be determined by resolution of
the Board and anyone of the officers or agents may alone endorse
notes and drafts for collection on account of the College through
its bankers, and endorse notes and cheques for deposit with the
be endorsed "for collection" or "for deposit" with the bankers of
129
2.26 Bylaw 24, Replacing Bylaw 1 and Bylaw 24 - November 14, 1990
to Present
Approved by Members
October 22, 1990
November 14, 1990
deletes paragraph requiring the co-op to have specific
committees
splits the paragraph on Annual Meetings into paragraphs 24 and
25 and names them
correct error in paragraph 28, which stated that 10% of the
membership was required to call a general meeting by
requisition
in the last sentence of paragraph 25, change "general meeting"
to "annual meeting"
add paragraph 19, "Duties of Assistant Treasurer"
change all occurrances of "College" to "Co-operative"
BYLAW NO. 24
of
A Bylaw to replace Bylaw No. 1
WHEREAS the motion at the 1988 Annual General Meeting intended to
pass Bylaw 21 amending Bylaw 1 was worded "To approve an amendment
to Bylaw 21", and Bylaw 21 may therefore not technically be in
force, and
WHEREAS Bylaw 23 (passed by membership March 7, 1990) amending
Bylaw 1 was worded under the assumption that changes implemented
by Bylaw 21 were in force, and may therefore not technically be in
force, and
WHEREAS other changes affecting many sections of Bylaw 1 are
desired at this time, therefore
that
Bylaws 21 and 23 are hereby repealed, and
Bylaw 1 and all other bylaws relating generally to the transaction
of the affairs of the Co-operative and its members (Bylaws
3,5,6,7,8,11,16 and 19, an unnumbered Bylaw approved my members
November 10, 1970 concerning ex-officio Board members, an
unnumbered Bylaw approved by members October 11, 1972 concerning
131
nominated at the meeting will be write-in candidates on the ballot.
The six candidates who receive the highest vote totals will have
two-year terms. No full-time permanent staff member may be elected
to, appointed to, or sit on the board as a Director.
7. (a) Vacancies. vacancies on the Board of Directors, however
Co-operative, if they shall see fit to do so, until such vacancy
shall be filled at the next election or by-election, said by-
elections to be held at the discretion of the Board, but if there
is not quorum of Directors, the remaining Directors shall forthwith
call a meeting of the Members to fill the vacancies.
(b) Removal of Directors. All members of the Board of Directors
are obligated to attend meetings of the Board. Failure by a
Director to attend three consecutive meetings of the Board
consent to the meeting being held in their Directors'
immediately following the General Meeting of the Co-operative. The
9. Attendance of Members. (a) Subject to subsections (b) and (c),
a meeting of the Board shall be open to the members and prior
notice shall be given to the members in such manner as the Board
shall determine and no person shall be excluded from a meeting
except for improper conduct as determined by the
(b) Where matters confidential to the Co-operative are to be
considered, the part of the meeting concerning such matters may be
held in camera.
133
oversight on his part, or for nay other loss, damage, misfortune
whatever which shall happen in the execution of the duties of his
office or in relation thereto unless the same shall happen through
his own dishonesty, except as otherwise provided by law.
15. Indemnity. Every Director or officer
his heirs, executors and administrators,
respectively shall, from time to time,
indemnified and saved harmless out of
operative, from and against:
of the Co-operative and
and estate and effects
and at all times, be
the funds of the co-
neglect or default.
OFFICERS
Treasurer, an Assistant Treasurer and a General Manager, and such
other officers as the Board of Directors may determine by by-law
from time to time. The President, the Vice-President, the
Secretary, the Treasurer and the Assistant Treasurer shall be
elected by the Board of Directors from among their number at the
first meeting of the Board after the election of such Board of
Directors, provided that in default of such election the then
Co-operative and of the Board of Directors. The President shall
also be charged with the general management and supervision of the
affairs and operations of the Co-operative. The President with the
thereto.
135
COMMITTEES
affairs of the Co-operative.
MEETINGS OF MEMBERS
Co-operative shall be held at the head office of the Co-operative
or elsewhere in ontario as the Board of Directors may determine and
inclusion of agenda items can be sUbmi'tted to the last Board
may be submitted to, the floor at the qnnual meeting and may be
present.
member's meeting, annual or g e n e r a l ~ shall unless all the members
entitled to notice of the meeting have waived in writing the
Co-operative are present thereat and at such meeting any business
may be transacted which the Co-operative at annual or general
meetings may transact. Notice for meetings other than the annual
meeting may be ten days or more, at the discretion of the Board,
as set out 'in the Co-operative Corporations Act, section 75.
cent of the total co-operative membership. If, at any general
meeting of the Co-operative, a quorum is not present, within the
time determined at the discretion of the Chairman following the
hour for which the meeting is called, the Chairman shall adjourn
137
or employee of the Co-operative or any other person to make
power to vary or modify such arrangements, terms and conditions and
to give such additional securities for any monies borrowed due to
the Co-operative as the Directors may authorize, and generally to
manage, transact, and settle the borrowing of money by the Co-
operative.
33. (a) Reserve Fund. The Board shall at its discretion, allocate
(b) Any surplus arising from the business of the Co-operative in
each fiscal year shall be set aside by the Co-operative as a
distributed to members, but shall be applied for such purposes as
are not inconsistent with the Letters Patent as amended. The Co-
operative may invest all or part of the reserve fund in such
investments as it thinks fit from time to time, deal with and vary
such investments and dispose of all or part thereof for the benefit
of the Co-operative.
times all buildings and other assets of the Co-operative to their
full insurable value.
35. Bond. Every officer or employee of the Co-operative who has
charge of or handles money or securities belonging to the Co-
operative shall be bonded with a surety company selected by the
Board for such an amount as may from time to time be prescribed by
the Board, but in no case for any amount less than One Thousand
Dollars ($1000.00). The Board may prescribe that any other employee
of the Co-operative shall be bonded in such an amount as the
instrument in writing requiring the signature of the Co-operative
may be signed by the President or Vice-President and the Secretary,
writing so signed shall be binding upon the Co-operative without
any further authorization or formality. The Directors shall have
the power from time to time by resolution to appoint any officer
or officers, person or persons, on behalf of the Co-operative
ei ther to sign contracts, documents and instruments in writing
generally or to sign specific documents, contracts or instruments
in writing.
139
not be kept in both. Ei ther language may be used in any Co-
operative matters.
PASSED by the Board of Directors and sealed with the corporate seal
of the co-operative this 22nd day of October, 1990.
President Secretary
CONFIRMED by two-thirds of the votes cast at a duly constituted
meeting of members this 14th day of November, 1990.
President Secretary
141
BY-LAW NO. 1
As Amended by By-Law No.'s 3, 5, 6, 7, 8,11, 16 & 19
BE IT ENACTED as a by-law of NEILL-WYCIK COLLEGE, INC. (hereinafter
called the "College" as follows:
HEAD OFFICE
1. The head office of the College shall be in the City of Toronto,
in the Province of Ontario, and at such place therein as the Board of
Directors may from time to time determine.
MEMBERS
2. (a) Membership is opened to all applicants deemed acceptable as
outlined in the By-Laws and Regulations of the College, and will be
granted by procedure decided by a vote of the members, or a body duly
elected or appointed by the members, or a committee thereof.
3. There shall be no political, religious, or racial discrimination in
the selection of the members of the College.
4. Each member shall pay annually an Education and Social Activities
Fee. The amount of this fee shall be determined from time to time by
the membership on the recommendation of the Board of Directors. This
By-law shall be effective as of September 1982.
5. Termination of membership shall be persuant to Sections 64 (by the
member) and 66 (by the College) of The Co-operative Co-operative
Corporations Act.
6. The affairs of the College shall be managed by a Board of 12 Directors
each of whom at the time of election shall be a prior and continuing
member in good standing of the Collegeo All directors of the College
shall have a term of office of two years, six of whom are elected in rotation
every other year. The annual election of Directors shall be held
co-incidentally with the Annual General Meeting. The Board of Directors
must announce the date of the election in the same manner and under
the same conditions as for serving notice of the Annual General Meeting.
The election shall be by balloto No full-time permanent staff member may
be elected to, appointed to, or sit on the Board as a
REGULATIONS
37.
BOOKS AND RECORDS
38.
INTERPRET ATION
39.
40.
11. Powers. The Directors of the College may administer the affairs
of the College in all things and make or cause to be made for the
College, in its name, any kind of contract which the College, may lawfully
enter into, and save as hereinafter provided, generally, may exercise
all such other powers and do all such other acts and things as the
College is by its charter or otherwise authorized to exercise and do.
12. Remuneration. The Directors shall receive no remuneration for
acting as such.
College or for the insufficiency or deficiency of any security in or
upon which any of the monies of the College shall be invested, or for
any loss or damage arising from the bankruptcy, insolvency, or
tortious act of any person with whom any of the monies, securities or
effects of the College shall be deposited, or for any loss
occasioned by any error of judgment or oversight on his part, or for
any other loss, damage, misfortune whatever which shall happen in
the execution of the duties of his office or in relation thereto
unless the same shall happen through his own dishonesty, except
as otherwise provided by law.
respectively shall, from time to time, and at all times, be indemnified
and saved harmless out of the funds of the College, from and against:
any action, suit or proceeding which is brought, commenced
or prosecuted against him,for or in respect of any deed,
act, matter or thing whatsoever made, done or permitted
by him, in or about the execution of the duties of his
office;
OFFICERS
15. There shall be a President, a Vice-president, a Secretary, a
Treasurer and a General Manager, and such other officers as the Board
of Directors may determine by by-law from time to time. The President,
the Vice-President, the Secretary and the Treasurer shall be elected
by the Board of Directors from among their number at the first
meeting of the Board after the election of such Board of Directors,
provided that in default of such election. the then incumbents being
members of the Board, shall hold office until their successors are
elected. The General Manager shall be approved by the Board of Directors
and will not himself be a Director nor voting member of the Management
COMMITTEES
20. The Board may from time to time establish such committees, as in
the opinion of the Board, are necessary to administer the affairs of
the College.
21. The constitution, duties and functions of .all committees shall be
determined from time to time by regulation.
22. In addition to such other committees as the Board may establish,
there shall be the following committees:
(i)
(ii)
(iii)
(iv)
Membership Committee
House Committee
Management Committee
Education Committee
MEETINGS
College shall be held at the head office of the College or else-
where in Ontario as the Board of Directors may determine and on
such day as the said Directors shall appoint. The Annual Meeting
shall be held in the month of November on such day as the said
Directors shall appoint, said day to be within fifteen (15) days
after a regularly scheduled meeting of the Board of Directors.
24. The annual meeting shall be held for the purpose of receiving
the report of the Directors, the financial statements, and the report
of the auditors, electing Directors (in accordance with paragraph
6' and 7 ), appointing Auditors and fixing or authorizing the Board
to fix their remuneration and for the transaction of such other
business as may properly be brought before the meeting. The members
may consider and transact any business, either special or general,
that has been submitted to the Chairman at least three weeks prior
to the date appointed for the meeting. Said agenda, along with
all motions, must be posted and circulated twenty-one days before
the annual meeting. Appeals for inclusion of agenda items can be
submitted to the last Board Meeting held before the annual meeting,
appeals needing a simple majority to pass to be included. Appeals
after said Board meeting may be submitted to the floor at the annual
meeting and may be placed on the agenda if passed by 50% + 1 majority
of the members present. Notice of the time and place of every members'
meeting, annual or general, shall unless all the members entitled to
either by sending the notice to each member by mail or telegraph :
pJ;ovided that any meetings of m.embers may be held at any time and place
without such notice if all the members of the College ~ r e present thereat
and at such meeting any business may be transacted which the College at
(a) issue, seal,or pledge securities of the College;
(b) borrow money on the credit of the College;
(c) charge, mortgage, hypothecate or pledge all or any of the
real property or personal property of the College,including
book debts, rights, powers, franchises and undertaking,
to secure any securities or any money borrowed, or any
other debt, or any other obligation or liability of the
College o
with reference to the monies borrowed or to be borrowed as aforesaid
and as to the terms and conditions of the loan thereof, and as to
the securities to be given therefor, with power to vary or modify
such arrangements, terms and conditions and to give suoh additional
securities for any monies borrowed or remaining due by the College
as the Directors may authorize, and generally to manage, transact,
and settle the borrowing of money by the College.
31. (a) Reserve Fund. The Board shall, at its discretion, allocate such
amount as it deems fit at the end of each year toward a
each fiscal year shall be set aside by the College as a
reserve fund. Such reserve shall not be paid or in any
way distributed to members, but shall be applied for such
purposes as are not inconsistent with the Letters Patent
as amended. The College may invest all or part of the
reserve fund in such investments as it thinks fit from
time to time, deal with and vary such investments and
dispose of all or part thereof for the benefit of the
College.
32. Insurance. The Directors shall insure against fire at all times
all buildings and other assets of the College to their full insurable
value.
of or: handles money or securities belonging to the College shall be
bonded with a surety company selected by the Board for such an
no case for any amount.less then One Thousand Dollars ($1,000.00).
The Board may prescribe that any other employees of the College shall
be bonded in such an amount as the Directors may determine.
BOOKS AND RECORDS
INTERPRETATION
be, and vice versa.
matters.
ENACTED AND PASSED by the Directors, the 22nd day of April 1970 and
as amended by by-law No. 3 passed the 22nd day of April, 1970 and
by-law No.5 the 24th day of October 1973.
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AS BY BY-IJ\;if and and and NO.7 and
A by-la't" rela
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d.ng geJ:J:n:-al1y to the
trr1.nsaction of the affairs of
CD-OPEAA'rIVE COLLI:;GE nJC.
BE IT i1FJ a lit-1m" of HEU.Jtt .. tflCIli: CO-Ol'.JJRl\'11!\1E CXltL1!:GE nK::.
hereinafter called tl1e "College" as follows:
rIE:AD OI?FIC:;
1. '!he head office of the College shall be in the City of Toronto,
in the Province of Ontari.o, and at SUGh place therein as the Board
of D:rrectors may from ti.rre to time determine.
2. (a) lb'ibership is opened t.o all deerood acceptable as
outlined in the By,wLm'ls imd rU3gulntions of the College
and will be gxant.ed, by ded.dcd by a vote of the
or a body duly clected or appo:i.nt.ed by the r!\3n'bers
or a ttee thew..of.
(b) rlarrbers tJms nccepb::.d he of.fered the right to occupy
residential the ('....ollcge by Occupancy AgreEmant,
where slich space is xaquasted aTJ.d available.
3. 'Ihere shall be no political I' religious, Or.' racial discrimination
in the selecti.on of tl'!E? rnf!ctl1)l?!rs of the College.
4. Housing a.n.d ot ..h:u:-: siru.lar to rent, or any other
chru.."<Jes payable by rn:mbe:rcs I' shall be ds'Cided by a vote of the
r.anbers or of it hody duly elected or appointed by the roortbers,
or a oontni. ttee
5. ''I7ithstandi.n.;J i.'.Uwthi.ng cant.ained in the By-Laws ,of the College
or in nny Oocupancy the fi.')llaTlng provisions shall
apply:
(a) '.L'en'.1jnatio:n, of Occupancy Riqhts:
(1) 'I'l:!l.'1rr.Lnatiol1. of Occupancy Iti.ghts nhall take plaCE
frcm t..er:m:Lnat:i.on of rights and may
be brol.lqht, about only by a 'llOte of the neIDer.3 or a body
duly eleL"t..ed or appointed by the m.errbers, or a cxmni ttee

(ii) Prior to such a vote a shall be served on the
ItErnlJe:r sped.fying partj,cular breac.l). or default catt>lained
of, and if tJm b:r.e<lrh is capablo or' remedy, requiring the
rre.mbe:t: "to ren1f:;c..ty tne and in any case I re::IUiring
the to ma.ke col:-pensation in'rroney for the breach,
if 81.1Ch a brE'-a.ch be ccrcrpensated for by m:meYr'and'setting
out the t.:lllY:':' and place fo:r. a to consider whether
the rrenber's occupancy l::ights should 00 terminated and that
the rrember shall have a right to appear and make representations
at tl1e neet:i.ng p.'t':ior t.o the vote.
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6. The affairE$ of the COllege be managed by a Board of 12
DirectOrs eadl of whom at the tima 6f election shall be a prior
and OOQtinuing narbElt-, ,gciot;i"sttmd1ng o1! College. All
,of 1;:he tenn of bffice gf two, years,
stk of will iihd x-et.i1'e ih mtaticn evetY
other ,"lhe ann" aJ.ijQtiCifl,of . Di:t'ectors to be held
ooinoicierlf.ai'iy'With'the zirintiai rteatinq or ;failing that,
to be held ,On :the fir$ti wi4nesclQM. of Deoeillber of i
r1l1e Board of Directots the dZlte (s) of tt.te AnpU,iU
Gm,ieltal, nee, ting, ' and the t>h pf DirectD:ts,',' at
prior to the dc;lte of th- MrtWU; General ffeetiihg. 6Il.ect:!on
shall be bY No Mi tine staff be
elected 1;0, appointed to, s1 to ort the 13QarQ M a Vbtirtg I!Iilruer.
7. vapan9ifQ:. Vacancies on :ebU'd of Uirecto;s,
may so ,ortg as quorum of Di;t'$otol'S xerrain !ll oftice, J.Je filled by
the Directors from tha trel'Ibers of the if
they shall see fit to do sQ, : lir1tdl suCh va6ancy sl'iail be filled
at the naxt election or bY'""tlletl.on, said to be held
at the discx:etion of the Boar9, bUt if ;i.s ndt it, quDr\:f.\ of
Directors, the remaining shall forth"iitli call a neet.l.nq
of 1:lle tt:!r.!bers to fill the '
8. QuaJ:un and Meetings: A majority of the Directors shall fom a
quorun for the transaction of business. Except as othetWise
required by lm'1, the Board of Di:mctors may hold its meetings at
such place or places at it may fran t:iJre to determine. ilo
fomal notice of art:! such meeting shall be tleCeSSary if all the
consent t:p the meeting being held in their absence. ' Director's
. m3etings may be fo:tma11y called by the President, or
Vice-President or by 1::he Secretary 011 direction in writing
by two Directors. Uotice of sum IIV3etings shall be delivered,
tel.eptpned or telegraphed to each Director not less than one day
befOre tl1e r.laet!ng is to take place or shall be rpailed to each
Director not less . than two days befom the llEeting' is to take
pl.ace. '!'Pe statoory declaration of the Secretary or President
that notice has been gj.ven purl3uant to tins tly-law shalll:>e sufficient
anq oonclusive evidence of the giving of suchnotioe. Ttle l!oaId
may appoint a clay or days' in art:! nonth or nonths for regular
rreetirigs at an hour to be namad and of suell regular neetings, no
notice need be sent. A directors' meeting n'lay 'also be held,
without notice, iImediately following the General ffeeting of
the College. 'n113 Directors wq 'consider or transact artJ business
either special or general a1;: a.nY peeting of the Doard.
9. Errom in i-lotioe: No error or anission in giving such notice for
a rleeting of Directors shall invalidate such nesting or invalidate
or make Void' any proceedings taken or had at such meeting and
artJ Oirector may at artJ time w.uve notice of such ,and may
ratify and approve of art:! or all proceedings taken"' or had thereat.
15. 'lbere shall be a Presidant, a Vice-President, a Secreta:ry, a
'1'reasurer and a General Hanager, and sucn other -officers as the
l30ard of Direotors nay determine by by-law from t.iJM 1:0 t:i.n-e.
The Pxesic1ent, the Vioe-Presic:lent, the Seoxetax:y and the Treasurer
shall be elected by the Board of Directors from anong their
numer at- the first neeting of the DoaJx1 after the Election of such
:aoard. -of Directors, provided that in default of such election the
then inctr.Ibents being members of the Board, shall hold office
until their successors are elected. The General f1anager shall be
approved the lJoard of Directors and will not h:i.n'Belf be a
Director nor voting rnember of the Hanagernent Coomittee and Sllall
hold office at pleasure of the 13oard. .
16. Duties of the President and Vice-Preside!' t: The President,
shall, when present, preside at all maetings of the nelbers of
.tl1e College and of the Board of Directors. The President
also be chqrged with the general management and supervision of tl-le
Secmtary or other officer appointed by the Doanl for the purpose
absence Or inability of the President, his duties and may be
exercised W the Vice-President, his duties and powers may be
exercised by the Vice-President, if the Vice-President, or
such other Director as the' Board may from tim;l to tirre appoint for
the purpose, exercises any such duty or pclWer, the absence or
inability of the President shall be' presurred wi tll reference
thereto. ,.
17. Duties of Secre1fU:Y: the Secretary shall be exi .,officio clerk of
the Doard of Directo:rs. He shall attend all m;etings of the
Board of Directors and reoord all facts and minutes of all om-
ceedings in the books kept for that purpose. He shall give- all
notices required to be given to nembers and to Directors. Ita
shall be the custodian or the of the College and of all
books, papers, records, coirespandence,contracts and all other
doetr.ents belonging to the College which he shall deliver up only
wIlen authorized by a resolution of the Doar<1 of Directors to do so
and to such person or persons as may be in the resolution
anq he shall perform such other duties as may fron tine to tl.Ioo
be detemd.ned by the Board of. Directors.
lB. Duties of Treasurer: '!he Treasurer, or person perfol:ming the usual
dUties of a Tmasurer, shall keep full and accurate accounts of
all mooipts and disbuxsenent of the College in properlJooks of
account and shall deposit all nonies or other valuable effects
in tIle i1arre and to the credit of the College in sum banks or
bank as may fron ti.ne to time bedisignateci' by the Board of
Directors. lIe shall disburse the funds of the College tinder the
direction of the Board of Directors, taking proper vouchers therefor
and shall render to the Doard. of Directors at the regular
rreetings thereof or whenever mquired of him, an aCCJel:Ult of all his
College. He shall also perform such other duties as rray fran
ti.rre to ti.ma be dete.tmi.ned by the Board of Directors.
25. 'llle anmwl meeting sllall be hald for thaplil.1JOSe of receiving
the report:. of tb.l\ :.)j,.r.eotors, the financiaJ. stat:.eri'ei1ts, and the
report of the at.t.l:.ltors, electing DilX-lctorn (L'1 accordance with
paragraph G) ap}tointing Audit.ors anc1 fh:::LnU or authorizing the
Joarcl to f::bc o.nJ :1!Ol.' 'l::,hQ trnosnotion of Buell
other a.f:1 may br.t.jught befol."C tho mooting.
'ih3 rt1(lY C(J113:i..dor and tranf.1r.ot nny bm::d.n<.;:r;m, oither special
or g(meral, haa been subm:U:::f:ed to the Cha:L;rr:liJn at least three
weeks prior to the elate appointed for ti."1e meeting. Said agcnqa,
along with all notions be posted and circulated twenty-one
days before anmr;\l I'!'I3etirl.g. hppeals for inclusion of agenda
:J.tems can .be to the last Board r'1eeting held before the annual
rLEet.ing, apPI?.als a siInpJ.e 1't?Ljo:r::it'l to pass to be included.
Appeals after said Joard rooeting may be submitted to the floor
at the annual meeting anu may be placed on the agenda :hf. passeQ by
+ I mmjor:t:l:.y of the nat"bers present. notico 'of the tiIoo and
place of anntlf"ll or shall unless
all ttic mclUbet-s to notice of looet:i.nu have waived in
writing me r:ot . .i.ce, 1)(:.1 either by omrding tlC notice to each
m.;>.r:iJer mail or tJ':lleqr':'l,ph: p;t'X)vidgd 'l:ita:t any m3etings of nr.nt>ers
may be at ('my t:i.:':1e E'u.1t1 place 'IIlithou': such noti.ce 5.! all the
mellibers of the Co] C:U:"C= p!7esont U:.c):er!t cmd at such neeting any
be 'f.he College i".t the Annual or
Ge
\'1er",1 '.a'l ",,..' .,.. ..... 1..
_ CoL..: li;;e I..M . \,;: , .. .. ,
26 .. UUCl."tl\\,l: A quorum fm: tile b:ansaction of bu::dness of the annual
rneetiIYJ of'''l:V::!l"iber.!3 shall consist of not less than ten percent of
tile tct.; ... l m::;!:fo,::;'rship. If, at any annml r.1OOting of the
3. quorvm is not prE.:1l3ent, th3 derer.miped at
the diccreticn of Cl1i:li1.1IIr."ln follo".t'Ting the hour for \l7hich thl:!
ng iG ci:!..lledr tha Chairm:ln shall acJ.joum the rooeting to a
elate not than 'ci<'l'elve days thereafter a11d no mre than
days thercaft.er and the decision of the said adjourned
meeting shall be b:Lp,oing upon the, .Collega regardless of the n1,.lC'ber
of lcanbe:::s J:JotiCYJ (,):11'111 be provided ilS in paragraph 25.
A quonr.i for the transaction of business of a general neeting of
(no':: beinq the m:mllal meeting) shall consist of pot less
than fifteen percent of the total College merroer<"'.1lip present.
If, at. any gC".neral raDeting of the College, a, quorum is not present,
wi thin the till19 determined at the discretion of the chainoan following
the hour for 'tv'hich the meeting io called,' the Chairman may adjourn
the meeting to uate not less than ul\Tel ve days thereafter and no
more'th;::m fif:t.3en uays thereafter and th(; decision of the said
adjourned roeeting shall be binding upon the College
of the nur:be.r of mewbers present, or the Chairman may choose to
cancel I the at. his di.screticn.
27. Brrct's In l.Jo error or omission in giving notice of
any aiinu'9,'1 oi:' geoorai rLEeting of the merrbers of the College shall
such l1le9ting or m.m.e void any rpoceedings take.'1 or had
thereat illlc.1 a.'1y flay at any t:i.ro-s nc:tice of any such
meeting and rtl:.."'ly ratify, approve and confirrn any or all f>rQCeeJings
taken or hau thereat.
33. Insurance: rrhe Directors shall insure against :fire at all times,
all buildings, and other assets of the College to their full insurable
. .
34. Bond: Evety officer or emp!qvee of the College who has char<je of
or handles noney or securit'ies belonging to the College, shall be
bonded wi th surety company selected by the Board for such an anDunt
as may fran tine to tinE be prescribed by the Board, but in no case
for any artPunt less than One Thousand Dollars ($I,OOO.(}O). The Board
may prescribe that any other enployees of the College sllall be bonded
in such an annwt as the Directors Ply:detennim.
35. Execution of Docunents: Contracts, dQC\lrel1ts or any otha- inst.r1Joont
in writing requiring the signature of the Collage may be signed by the
President, or Vice-President and the Secretary or the rl'reasurer, . and all
and inst.rurcents in writing
binding upon the College without any further authorization or
fOJ:mality. r.;,lle Directors shall have the pa.,er from tine to time by
:resolution to appoint any officer or officers, person or persons, on
behalf of the College either to sign contracts, Uocurrents and instrtmmts
in writing ':Jenerallyor to sign aontracts, docurcalts or
instrurrents in writing. '.
36. Cheques, etc: All cheques, bills of exchange or other m::ders for
the paynent of rroney, notes or other evidences of
the nane of the College, shall be signed by such officer or
officers, agent, or agents of the COllege and in such manner as
shall fran ti.Ire to t.ine be by :resolution of the Board and
anyone of such officers or agents may alone endorse notes and
drafts for aollect:i.on on account of the College ttll:OUgh its bankers,
and en<lorse notes and cheques for deposit with the . College s bankers
for the credit of the College, or the sane rr..,ay be endorsed n for
ooll,.ection" or "for deposit" with. the bankers of the College by using
the College's rubber stampt: for the purpose. Arri one of Quch officers
or so appointed may arrange, settle, balance and certify all
bqoks and acaowts between the College and the College' bankers and
flay receive all paid cheques and vouchers and sign all the bank's fm:ms
or settlement of balances and release or verification slips.
37. Lleposit of Securities for Safekeeping: The securities of the
COllege shall be deposited for safe)teeping with one or IIOI'e bankers,
trust canpanies or other financial instit.utions to be selected by the
Board. Any and all securities so deposited may be withdrawn, fran
tirre to tiire only upon the written order of the College signed by
such officer or officers, agent or agents, of the College and. in
such manner, as shall from time to time be detennined by resolution
of the Doard and such authority nay be general or confined to specific
instances. The institutions which may be so' selected as custodians
of the Board shall be fully protected in acting in acaoraance with
the directions of the Board and shall in no event be liable for the
due application of the securities so withdrawn f+cm 'the
proceeds thereof.
"
NOTICE 'IO QUIT
Te:
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Unit:
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Address:
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Take
held on the '. . ',. , the .
City of Toronto, notice of which was dUly served en you or' given to you,
your in the Co1:tege were teIIninated eff!1!ctive cn the
_____ day of , 19
And take notice that you are required to vacate the
premises on or before the said date.
Dated this _____ day of ____ ..a' 19 __ _
Co-q:>erative College, Inc.
Per:

BL:Fr-t 2:151178
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3. BYLAW 2 AND AMENDING BYLAWS
3.1 original Bylaw 2
Approved by Members
April 22, 1970
April 22, 1970
BY-LAW NO. 2
A by-law respecting the borrowing of
money and the issue of securities by
BE IT ENACTED by the Directors of Neill-Wycik College Inc. as a By-
law of the said College as follows:
The Directors of the College may from time to time:
(a) Borrow money upon the credit of the College in such amounts
and upon such terms as may be deemed necessary;
(b) Issue bonds, debentures, debenture stock or other securities
of the College for its lawful purposes, for such amounts and upon
such terms as may be deemed expedient and pledge or sell the same
for such sums and a such prices as the Directors shall determine.
(c) Hypothecate, mortgage, charge or pledge all or any of the real
and personal, moveable or immovable, property undertaking and
rights of the College, present or future, to secure any such bonds,
debentures, debenture stock or other securities or any money
borrowed or any other liability of the College;
(d) Delegate to such one or more of the officers and Directors of
the College as may be designated by the Directors or any of the
powers conferred by the foregoing clauses of the By-law to such
extent and in such manner as the Directors shall determine at the
time of each such delegation;
(e) Give indemnities to any Director or other person who has
undertaken or is about to undertake any liability on behalf of the
College, and to secure such Director or other person against loss
by giving him a mortgage or charge upon the whole or any part of
the real or personal property of the College.
PASSED by the Directors and sealed by the College's seal, the 22nd
day of April 1970.
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4 BYLAW 4 AND AMENDING BYLAWS
4.1 Original Bylaw 4
Approved by Members
April 22, 1970
April 22, 1970
BY-LAW NO. 4
A by-law creating an Executive committee of
BE IT ENACTED as a by-law of Neill-Wycik College, Inc. as follows:
1. During the intervals between the meetings of the Board of
Directors, the affairs of the College shall be managed by an
Executive Committee of three Directors consisting of the President,
the Secretary and the Treasurer of the College. The Executive
Committee shall possess and may exercise (subject to any
regulations which the Directors may from time to time impose) all
the powers of the Board of Directors in the management and
direction of the affairs of the College (save and except only such
acts as must by law be performed by the Directors themselves) in
such manner as the Executive Committee shall deem best for the
interest of the College in all cases in which specific directions
shall not have been given by the Board of Directors.
2. Subject to any regulations imposed from time to time by the
Board of Directors, the Executive Committee shall have power to fix
its quorum at not less than a majority of its members and may fix
its own rules of procedure from time to time.
3. Meetings of the Executive Committee may be held at the head
office of the College or at any other place in or outside of
ontario. The Executive Committee shall keep minutes of its
meetings in which shall be recorded all action taken by it, -which
minutes shall be submitted as soon as practicable to the Board of
Directors.
ENACTED AND PASSED by the Directors the 22nd day or April, 1970.
',-
4b3 Bylaw 4 - November 12, 1980 to Present
BY-LAW NO. 4
As amended by By-law No. 11
BE IT ENACTED as a by-law of Neill-Wycik College, Inc. as follows:
Executive committee of four Directors consisting of the President,
Vice-President, Secretary and the Treasurer of the College. The
Executive Committee shall possess and may exercise (subject to any
'interest of College in all cases in which specific directions shall
"not have been given by the Board of Directors.
'.2 Subj ect to any regulations imposed from time to time by the
'Board of Directors, the Executive Committee shall have power to fix
its quorum at not less than a majority of its members and may fix
its own rules of procedure from time to time.
office of the College or at any other place in or outside, of
meetings in which shall be recorded all ,action taken by it, which
minutes shall, be submitted as soon as practicable to the Board of
Directors.
ENACTED AND' PASSED by the Directors the 22nd day or April, 1970.
'No. 11 PASSED by the Board of Directors this 29th day October, 1980
and Confirmed at a general members' meeting this 12th day of
November 1980.
Richard Halford, President Fredrick Malin, Secretary
... J). BYLAWS
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5.1 original;:Bylaw g. - November 14, 1979 <to November 12, 1980 2
5.2 Bylaw 12; Amending Bylaw 9
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5.3 Bylaw 9 -"November 12, 1980
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5.4, Bylaw 13, Amend.ing Bylaw 9
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5.7 By raw 9 .. .March 3, 1982 to.
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to March 3, 1982
,17,' 1982
. . . . . . .
5.9 Bylaw 9 -':, Nov-entber 17, 1982 t,Q ,2,3".1983
5 .11 Bylaw 9 23, ,1983. .. .1988
5. 12 2'0, ,.Replacing Bylaw .. 20 -
Nqv'efuber 9',: '1988' to 1989
5.13 Bylaw 22, Amending Bylaw 20 '.
5.14 Bylaw 20,:- Nqvember 15, 19,89 to presept
1

. .

.

30

. .

.

32
60
62
64
65

. 95
. 97
127
129,
159
189
190
4. Admission of Members to Occupancy
Where a person has been accepted for membership and allocated a
unit of housing in the Co-operative, such person shall sign the
Occupancy Agreement and make all payments required by the By-laws.
The provision of this paragraph may be waived only in exceptional
circumstances, as determined by the Board.
5. Terms of Occupancy
The terms of occupancy of units of housing in the College by
members shall be those set out in the Charter, By-laws, Rules and
Regulations, and Occupancy Agreement of the College. The College,
its officers and members shall observe all the terms of the
Charter, By-laws, Rules and Regulations, and Occupancy Agreement
and be bound thereby (whether or not any particular member has
signed an Occupancy Agreement) .
6. Priority
This By-law shall have priority over any other By-law of the
College and any By-laws, resolutions, or policies previously passed
are hereby repealed or amended to give effect to the provisions of
this By-law. Wherever there is a conflict between this By-law and
any other By-law, Resolution, policy, agreement or oral statement
of the College, this By-law shall govern. No one has any authority
to commit the College to any term of occupancy or agreement
respecting occupancy, except in accordance with this By-law.
7. Non-Member Occupants
This By-law shall apply to all occupants of the College who are
members (herein after called "resident members"). If the College
has any commercial tenants, or residential tenants who are not
members, the relationship between the College and such persons
shall be on the basis of leases or contractual arrangements entered
into between them and the College, with the approval of the Board.
In granting such leases, dealing with such persons, or terminating
their relationship with the College, the Board shall act in
accordance with the applicable sections of the Landlord and Tenant
Act and shall not be obliged to follow the procedure set out in
this By-law with respect to resident members.
8. Exclusive Possession
A resident member of the College shall be entitled to exclusive
possession of his room together with any persons who are sharing
such room with him, and to the use in common with other members of
the common facilities applicable to his unit.
3
the applicable charge in the such manner and at such place as the
Board may direct.
13. Final Month's Housing Charge
Each member shall pay to the College prior to moving into his unit
an amount equal to his final month's housing charge. The final
month's housing charges may be applied to the last month of
residence of the member, providing the member has given the College
due notice in accordance with the By-law, and does not owe any
money to the College. otherwise, the final month's charges may be
set off by the College against any sum due to it from the member.
14. Adjustment of Final Month's Charges
If there is any change in the monthly housing charges, each member
shall pay any additional amount required to bring his final month's
charges up to the current amounts. If there has been a reduction
in charges, the College shall credit each member with the
difference or pay the difference to each member. The final month's
charges shall not bear interest.
15. Separate School Support
If there is any change in municipal taxes as a result of a member
being assess as a Separate School Supporter, there shall be a
corresponding change in the charges for that year with respect to
the member's unit.
16. Additional Charges
(a) If, as a result of the activities of any member, whether or
not there is a breach of this By-law, the College becomes liable
for any additional taxes, charges or expenses, the member shall
pay such taxes, charges or expenses to the College on demand. Such
charges shall include returned cheque charges, collection charges,
and legal fee, as between a solicitor and his own client. If such
tax, charge or expense is a regular recurring payment, the member's
monthly housing charge shall be adjusted accordingly.
(b) A member shall pay all fines which may be levied against him
in accordance with the By-laws or the Schedules to the By-laws.
Article IV
Determination of Housing Charges
17. Determined by Committee
Housing charges or other charges similar to rent, or any other
charges payable by members, shall be decided by a vote of the
members, or a body duly elected or appointed by the members or a
committee thereof.
5
Regulations set out in Schedule "B" hereto. They may be amended
from time to time by the Board of Directors to reflect the specific
needs and concerns of the College and its members. They shall be
observed by all members and the College.
24. Privacy
(a) The College or anyone on its behalf shall not enter any
member's unit without the member's permission except in the case
of emergency and except as set out in subparagraph (b).
(b) Persons designated by the Board shall be permitted to enter
each unit on twenty-four hours written notice for a regular
maintenance inspection, and for any special inspections for
maintenance and repair purposes that may be authorized by the
Board, or as may be required in connection with any insurance
policy or appraisal of the College property, or for such other
reason as the Board may determine. The delivery of the notice to
the unit via the unit mailbox shall be deemed sufficient method of
delivery.
25. Maintenance and Repair
(a) Each member shall maintain his unit in a reasonable state of
cleanliness at all times, and shall comply with all requirements
and standards of health authorities and other authorities
respecting standards of cleanliness and maintenance. Each member
shall repair or pay for the repair of damage caused by his wilful
or negligent conduct or that of persons permitted on the property
of the College by him or others occupying his unit.
(b) Each member shall observe the maintenance responsibilities
with respect to his unit and the common elements of the project as
set out in the Maintenance Policy attached to this By-law as
Schedule "C".
(c) No member shall make any alterations or improvement to his
room or unit, or alter or in any way change the locking system,
without the permission, in writing, of the Management Committee or
Board. At the end of a member's occupancy of a room or unit, he
may removed his fixtures, provided such removal may be and is done
without injury to the room or unit.
(d) Each member shall report to the College promptly any condition
in the unit or its equipment or in the building containing the
unit, which comes to the knowledge of the member, and which may
cause deterioration of the unit or building if not corrected.
(e) The College may perform any of the maintenance or other
obligations set out in this paragraph if the member responsible
does not perform them within a reasonable time in the
circumstances, and the member shall reimburse the College for the
7
(d) For a period of up to three months after the fire or casualty,
the member shall be able to occupy any vacant unit of housing of
the College on an emergency basis paying the lesser of the charges
applicable to such unit or the damaged unit.
(e) If any member loses his right to occupancy under this
paragraph, he shall have priority on the internal waiting list
until a suitable unit is offered to him. Thereafter he shall be
deleted from the list.
29. No strangers
Article VII
Occupancy by Members
When a unit has been allocated 'to a member or members, no person
other than the member or members may occupy the unit except as
provided in this Article.
30. Persons Under sixteen
Persons under sixteen years of age may occupy a unit as part of
a member's household. When any such person turns sixteen, he shall
apply for membership in the College, and if accepted, shall sign
an Occupancy Agreement. If not accepted, he may continue to reside
with his family and the members occupying such unit shall continue
to be responsible for his behaviour within the College.
31. Guests
No member shall have any guests in his room or unit for a period
greater than 10 days without the permission of the Board. If
permission is refused, the guest(s) shall cease to occupy the room
or unit on such a date as the Board or its delegate may determine
and any continued occupancy after that date shall be considered a
default by the members occupying the room and/or unit.
32. Roomers, Boarders, Etc.
No member shall have a roomer, boarder or other person sharing the
room with him unless such person has applied for membership in the
College and been accepted and allocated the room on a sharing
basis. If accepted, such person must sign an Occupancy Agreement.
If any such person occupies a unit without applying for membership,
or after having been refused membership, he shall cease to occupy
the unit on such date as the Board may determine. Any continued
occupancy after that date shall be considered a default by the
members occupying the unit.
33. No Assignment
Any member desiring to leave the College for more than twelve
9
shall remain in full force and effect. On the expiration of the one
month, if the member vacates the unit in accordance with the
notice, his obligations to the College shall end, but any
outstanding obligations to the College existing on that date shall
continue until paid or fulfilled.
Article IX
Termination of Occupancy by Co-op
38. Termination on Default
The Board may terminate a member's right to occupy his unit for
any of the following reasons:
(a) The member is in default of or has been repeatedly late in
payment of monthly charges or other charges payable under the By-
laws of the College.
(b) The member has, in the opinion of the Board substantially or
repeatedly failed to participate in the College in accordance with
paragraph 8 of this By-law. .
(c) The member has, in the opinion of the Board substantially or
repeatedly interfered with the enjoyment of other members of the
use of their units contrary to Paragraph 22 of this By-law.
(d) The member has, in the opinion of the Board, substantially or
repeatedly failed to observe his maintenance and repair
responsibilities as set out in Paragraph 25 and the Maintenance
Policy.
(e) The member has committed any other breach or breaches of his
obligations under this By-law or any of the Charter, By-laws or
Rules and Regulations of the College and the Board feels that such
breach or breaches is serious enough to warrant termination of
occupancy.
39. Procedure for Terminating Occupancy
(a) The Board may not terminate any member's occupancy rights
unless written notice has been delivered to the member's unit at
least five days prior to a meeting of the Board (except in the case
of emergency), which notice shall:
(i) specify the breach or default complained of,
(ii) require the member to remedy the breach if it is
capable of remedy,
(iii) require the member to make compensation in money for the
breach if it may be compensated for in money,
(i v) setting out the time and place for the meeting to
consider whether the member's occupancy rights shall be
terminated.
Such notice may be in the form hereto attached as Schedule "F".
The member may appear personally or by agent or counsel at the
meeting and may make representations to the Board prior to its
vote. .
11
(e) Notwithstanding an appeal launched in accordance with this
paragraph, the day of termination shall not be postponed.
(f) If the members' meeting is duly called and fails to pass a
resolution confirming or changing the decision of the Board, or if
a quorum is not present, the decision of the Board shall be deemed
to have been confirmed.
43. Legal proceedings
(a) If the member fails to vacate on the proper day of termination
determined in accordance with the previous paragraph, or if it
appears likely that the member will not so vacate, the College may
apply for a Writ of Possession against the member. The College may
also sue the member for any monies owing by the member to the
college.
(b) Unless a member consents, or abandons his unit, the College
shall not re-enter or regain possession of a unit, except under
the authority of a writ of Possession or other judicial process.
44. Abandonment
If any member abandons his unit, the College may enter the unit
and allot it to another member, or rent it, and any losses or costs
resul ting to the College shall be the" responsibility of the
abandoning member.
Article X
WITHDRAWAL FROM MEMBERSHIP
45. No withdrawal without Terminating Occupancy
A resident member may not withdraw from membership in the College
without terminating his occupancy in the College. If a member
serves notice of withdrawal from membership under section 64 of
the Co-operative Corporations Act, he shall be deemed to have given
two months notice to terminate occupancy in accordance with
paragraph 38 at the same time. If the member fails to vacate his
unit in accordance with paragraph 38, the College may apply for a
writ of Possession and take such other proceedings as the Board
sees fit against the member without the necessity of following the
provisions of paragraphs 40 and 41.
46. No Termination of Occupancy without withdrawal
(a) No member may terminate his occupancy rights in the College
under paragraph 38 without also withdrawing from membership in the
College and the delivery of a notice of termination under paragraph
38 of this By-law shall be deemed to be the delivery of a notice
of intention to withdraw from membership under Section 64 of The
13
53. Procedural Irregularities
No minor defect in the procedure or in the notice given with
respect to any matter dealt with in this By-law, including
termination of occupancy under paragraphs 41 and 42, shall
invalidate any decision made, if there has been sUbstantial
compliance with the provision of this By-law and if no injustice
results. Any member may waive, in writing or by conduct, any
defect in procedure with respect to any matter dealt with in this
By-law.
54., Partial Invalidity
If any clause or provision of this By-law or any By-law of the
College affecting the occupancy rights of members shall be adjudged
invalid, the same shall not affect the validity of any other clause
or provision of this By-law or any agreement with any member
pursuant to this By-law, or constitute any cause of action in
favour of the College or any member. No failure by the College to
enforce any of its rights, and no condoning or waiver of any
particular breach or default, shall operate to prevent the College
from insisting on its rights with respect to any other or continued
breach or default.
55. Policies
Wherever the By-law refers to a Policy of the College attached as
a schedule, or to the Rules and Regulations, such Policy or Rules
and Regulations shall be considered a part of this By-law. If at
the day of the passing thereof, or at any other time, any of the
Policies or Rules and Regulations referred to in this By-law is
not in existence or has not yet been adopted, any reference to such
Policy or Rules and Regulations in this By-law shall be taken as
a reference to the resolutions or decisions made by the Board, its
standing committees, or the members from time to time dealing with
the matters covered by such Policy or Rules and Regulations.
Passed by the Board and sealed with the corporate seal of the
College this 29th day of August, 1979.
Jim Lindenas Fred Malin
President secretary
Amended and confirmed by two-thirds of the vote cast at a meeting
of members, this 17th day of November, 1979.
President secretary
15
By-Law No. 9
Schedule "B"
RULES AND REGULATIONS
The College was founded on a principle of promoting the betterment
of society. At the time of its founding, the members of the
College felt that one method of achieving this objective was the
elimination of stringent control on the human being. The principle
of "reasonable freedom", that is the ability of one person to act
without controls, as long as such actions did not infringe on the
freedoms of others, was felt to be the alternative to what seemed
oppressive laws and controls.
Neill-Wycik, while a community on its own, is also a small part of
the outside world, and, therefore, the College is not a separate
entity, but still a part of Society.
As part of the co-operative movement, the College, through its
members, strives to change society for the better. There is a
belief that society can be more honest, just and humane. It is
hoped that through life in the College, the members will become
better people" toward these ends, and bring these attitudes to the
outside world.
While Neill-Wycik is different in some of its attitudes and ideas,
the common elements of living, law and society are required.
Definitions of the bounds of reasonable freedom, however, tend to
differ, therefore, definitions, as discovered through the exper-
ience of living, must be set. Jhey are not meant.to oppress, but
to inform.
The College is part of the outside world.
requirements also apply.
Society's laws and
Therefore, in an effort to protect and inform members, the fol-
lowing rules and regulations are hereby put into effect:
1. Violence toward and intimidation of a member, employee,
visitor, or guest is not tolerated.
2. The deliberate destruction or damage of the CoLlege's pro-
perty, or the property of any member, employee, visitor or
guest is not tolerated.
3. Theft is not tolerated.
4. The pushing, peddling, or trafficking of any drugs is not
tolerated.
5. The use of hard drugs is not tolerated.
17
a facility may be set by the committee(s) responsible for the
administration of a particular operation and/or facility, at
the discretion of the Board of Directors. A number of these
were in effect at the time this schedule was adopted and are
hereby deemed part of this schedule. Any documents which
amend or replace said rules and regulations shall be appended
to this document.
19
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
Sub-occupancy Agreement
Neill-Wycik Co-operative College, Inc.
hereinafter called the "College"
hereinafter called the "member"
hereinafter called the "sub-occupying member"
WHEREAS the Member is the occupant of , 96 Gerrard
Street East, in the city of Toronto, (hereinafter called the
"uni til), and the College is the owner of the property, and the
Member has requested permission to grant temporary sub-occupancy
rights to the Sub-occupying member, and the College has consented.
1. The Member hereby surrenders to the College his right to occupy
the unit for a term of ____ months commencing , 19 ____ _
and ending , 19 ____ _
2. The College hereby grants temporary sub-occupancy rights to
the sub-occupying member as occupant of the unit for a term of
_______ months commencing , 19 and ending
19
3 . The sub-occupying member agrees with the Member and the
College to observe all the terms of and to perform all the
obligations of the Member under the Member's Occupancy Agreement,
the Articles, By-laws, Rules and Regulations and Policies of the
College (insofar as they are applicable to him) and to pay to the
College the monthly housing charge of $ or such other
monthly housing charge as may be payable for the unit. A copy of
the said documents are available at the College office. The
housing charge set out above shall be payable by the Sub-occupying
Member directly to the College at its office monthly in advance by
cheque.
4. The Member agrees with the College that he shall remain fully
liable for the payment of the housing charge and the performance
of all the obligations of the Sub-occupying Member.
5. The sub-occupying Member agrees to terminate his occupancy
and vacate the unit at the end of term as set out above. No
extension of change in the term shall be permitted without the
consent in writing of the College.
21
By-law No. 9
Schedule "E"
Agreement to Terminate a Sub-Occupancy
Re: Sub-occupancy of unit
Neill-Wycik Co-operative College, Inc., herein referred to as the
"College", and
___ -:-____________ , herein referred to as the "sub-
occupying member", hereby agree to terminate the sub-occupancy with
respect to the premises known as unit 96 Gerrard
Street East, in the city of Toronto, on the of
_______________ , 19
I, , the Sub-occupying Member, understand that
I must deliver up vacant possession and occupation of the premises
on that date and that this Agreement may be enforced by writ of
possession (eviction order) if I fail to do so.
Dated this day of
______________ , 19 __ .
NEILL-WYCIK CO-OPERATIVE COLLEGE, INC.
Per:
Sub-occupying Member
23
Member(s) :
unit:
By-law No. 9
Schedule "G"
Board of Directors Resolution Terminating
Occupancy Rights
WHEREAS the Member(s) referred to above was given Notice under the
provisions of paragraph 40 of By-law No. 9 of the College;
AND WHEREAS the Member(s) has failed to comply with the terms of
the Notice; or
AND WHEREAS the Breach mentioned in the Notice is a repeated
breach;
AND WHEREAS the Board has determined that the following cause for
termination under paragraph 39 of By-law No. 9 exists:
AND WHEREAS the Member(s) appeared/did not appear personally or by
agent or counsel at this meeting.
Be it resolved that the occupancy rights of the Member(s) be
terminated effective , 19 ________ _
BE IT FURTHER RESOLVED that the said termination shall not take
effect if the Member(s) makes the following payments or performs
the following acts on or before such date:
CERTIFIED to be a true copy of a Resolution of the Board of
Directors of Neill-Wycik College, Inc. passed the
day of , 19 at a meeting of
the Board of Directors duly held, notice having been duly given to
the Member(s), which Resolution remains in full force and effect
unamended.
Neill-Wycik Co-operative College
Per ______________________________ _
25
By-law No .. 9
Schedule "I" (External)
Memorandum of Agreement
This is an agreement between Neill-Wycik Co-operative College Inc.
and the undersigned.
In this agreement, the undersigned gives formal notice that they
will be vacating their unit on the date stated below.
The agreement also outlines responsibilities which the undersigned
agrees to fulfil.
PART A: Notice of Intent to Terminate Occupancy
I the undersigned give formal notice that I will vacate my unit on
19
month day year
PART B: RESPONSIBILITIES
I the undersigned understand that I will be responsible for the
following and agree to fulfil these responsibilities:
1. continued payment of the housing charges for my unit until
such time as a suitable person is found to become a Member of the
Co-operative and assume the obligations of my Occupancy Agreement.
2. Payment of a fee of $ to cover the Co-operative's
administrative expense in connection with this transfer of
responsibility, as outlined in (1) above.
3. For advertising my unit's availability within the building by
posting notices in common area using masking tape only.
4. For leaving my unit in a clean and orderly condition for the
new occupant.
member's signature unit date
Accepted by Neill-Wycik Co-operative College, Inc.
Per:
date received
27
By-law No. 9
Schedule "K"
Request to Grant Temporary Sub-Occupancy Rights
I/We the undersigned member(s) request permission to grant temp-
orary sub-occupancy rights for the unit , for which I/we hold
the occupancy rights.
I/We understand that the granting of said temporary sub-occupancy
rights in no way relieves me/us of our responsibilities of my/our
Occupancy Agreement.
I/We further attest that my/our absence from residency in the
College will be no longer than four (4) months, and that such
absence will not extend past the period of expiration of the Lease
mentioned herein.
I/We also agree to complete a Sub-Occupancy agreement and to pay
to the College an administration fee of $ __ ____ _
It is also understood that if we post notices of an available sub-
occupancy, that such notices will be affixed to walls by masking
tape only.
It is also acknowledged that any sub-occupant must be a member of
the College, and in the case of temporary sub-occupancy of a tWD-
person or apartment unit, the member must be approved by the
Membership Committee for such occupancy.
Date temporary sub-occupancy will commence:
Date temporary sub-occupancy will cease:
members signature(s) date
I hereby grant permission for the temporary sub-occupancy requested
above, on behalf of Neill-Wycik Co-operative College, Inc.
name and position date
29
3. The changes herein contained are to take effect immediately
upon adoption of this Bylaw by the Membership of the College
and such changes shall be regarded as operative from the date
of adoption of the Bylaw.
College this 29th day of October, 1980.
Richard C. Halford
President
31
Frederick P. Malin
Secretary
6. Priority
9. Payments
Article III
Members' Contributions
Each member shall pay the following where applicable:
33
money to the college. Otherwise, the final month's charges may be
14. Adjustment of Final Month's charges
15. Separate School support
the member's unit.
Article IV
committee thereof.
18. Budget
The Board shall prepare a budget for the fiscal year, showing the
estimated total expenses of the College, including reserves and
contingencies, and showing all external income, and showing all
35
24. Privacy
delivery.
respecting standards of cleanliness and maintenance. Each member.
Schedule "C".
does not perform them wi thin a reasonable time in the
costs of such performance in accordance with paragraph 14.
(f) The College shall provide a stove and refrigerator in
reasonable working order to each unit.
37
29. No strangers
Article VII
When a unit has been allocated to a member or members, no person
31. Guests
33. No Assignment
months must surrender his occupancy rights to the College and
wi thdraw from membership. No member may assign his right to occupy
his unit.
39
Article IX
paragraph 8 of this By-law.
Policy. .
occupancy.
capable of remedy,
terminated.
vote.
(b) If the Board is of the opinion that one of the causes set out
41
43. Legal Proceedings
apply for a writ of Possession against the member. The College may
College.
44. Abandonment
resulting to the College shall be the responsibility of the
abandoning member.
Article X
the Co-operative corporations Act, he shall be deemed to have given
College and the delivery of a notice of termination'under paragraph
of intention to withdraw from membership under section 64 of The
43
By-law.
54. Partial Invalidity
breach or default.
55. Policies
the day of the passing thereof, or at any other ,time, any of the
President secretary
President secretary
45
By-Law No. 9
Schedule liB"
better people, toward these ends, and bring these attitudes to the
outside world.
ience of living, must be set. They are not meant to oppress, but
to inform.
Society's laws and
2. The deliberate destruction or damage of the College's pro-
tolerated.
47
(iii) The stay does not exceed 10 days.
13. Rules and regulations regarding the use and/or operation of
to this document.
49
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
"uni t"), and the College is the owner of the property, and the
the unit for a term of months commencing , 19 ____ _
the sUb-occupying member as occupant of the unit for a term of
months commencing , 19 , and ending
19
3. The sub-occupying member agrees wi th the Member and the
cheque.
51
By-law No. 9
Schedule "E"
Neill-Wycik co-operative College, Inc., herein referred to as the
"college", and
________________ , herein referred to as the "sub-
. occupying member", hereby agree to terminate the sub-occupancy with
__________ , 19
Dated this day of
______________ , 19 __ .
Per:
53
Member(s):
unit:
By-law No. 9
Schedule "G"
Occupancy Rights
the Notice; or
breach;
Be i t resolved that the occupancy rights of the Member (s) be
Directors of Neill-Wycik Co-operative College, Inc. passed the
unamended.
Per ______________________________ _
55
By-law No. 9
Schedule' "I" (External)
agrees to fulfil.
______________ , 19 __ __
month day year
new occupant.
Per:
date received
57
By-law No. 9
Schedule "K"
Reguest to Grant Temporary Sub-Occupancy Rights
mentioned herein.
to the College an administration fee of $ ________ _
tape only.
the College, and in the case of temporary sub-occupancy of a two-
59
the grounds.
(ix) Pets are not allowed in the back yard.
(x) The garbage chute is not to be used for the disposal of
animal wastes."
College this 17th day of February, 1982.
David L.A. Gordon
President
61
Andrew B. Coles
Secretary
(iii) Housing charges for two-person and apartment units
are payable monthly, and are due on the first day
of the month. For apartments, full payment will be
receipted to one member only.
(c) In accordance with Article III, Paragraph 13, the housing
charge covering the last month of the lease must always be on
deposit.
(d) In accordance with Schedules "I" and "K", administrative fees
for granting sub-occupancy rights and termination of occupancy
are due with the appropriate notice, which is one of the two
aforementioned Schedules.
(e) In accordance with Article III, Paragraph 12, parking payments
are payable by the term, and are due on the 15th of the
preceding month.
II Arrears
(a) Arrears are any amounts owed to the College that have not been
received when due. This includes, but is not limited to,
housing charges, social activity fees, parking charges, and
damage deposits.
(b) In accordance with Article III, Paragraph 16, all service
charges levied against the College as a result of a member's
cheque being returned by a financial institution will be paid
by the member. In addition, the member will be considered to
be in arrears until such time as the cheque is replaced and
the service charge is paid. When a member has had two cheques
returned, payments must be made by certified cheque, money
order, or cash.
(c) Room transfers are not allowed to members in arrears.
(d) Applications for continued occupancy will not be accepted from
members in arrears as of June 1st.
(e) Directors or members of Committee who are in arrears will be
considered to have a conflict of interest when voting on any
issues of arrears policy or individual arrears cases, includ-
ing evictions.
David L.A. Gordon
President
63
Andrew B. Coles
Secretary
BY-LAW NO. 9
as amended by Bylaw No. 12, 13 and 14
A by-law relating to the rights and
obligations of the College and its members.
Be it enacted as a By-law of Neill-Wycik Co-operative College Inc.,
(herein called the "College") as follows:
Whereas the Co-operative has been formed with one of its purposes
that of providing accommodation to its members, it is desired to
set out the terms on which such accommodation will be provided and
the rights and obligations of the Co-operative and the members.
And whereas by virtue of ontario Regulation 1008/76 Non-Profit Co-
operative Housing Corporations are exempt from part IV of the
Landlord and Tenant Act;
1. Meaning of Unit
Article I
Definitions
In this By-law "unit" shall mean the grouping of private single
and shared accommodation and the facilities shared in common by
the occupants of the private accommodations in this grouping.
2. Meaning of Room
In this By-law "room" shall refer to the private single or shared
accommo.dation component of a unit.
Article II
Co-operative's Relationship with Members
3 . Membership
The Board of Directors may accept persons having the qualifications
set forth in the Membership Policy attached hereto as Schedule "A"
for membership in the College. The membership of such persons shall
commence as soon as they are accepted by the Board and not earlier.
65
Monthly Housing Charge
Final Month's Housing Charge (Deposit on last month of
occupancy)
Damage Deposit
Parking charge
Pet Damage Deposit
Additional charges which may be payable because of the
member's Separate School support, or his breach of any
of his obligations under this B y ~ l a w .
10. Participation
(a) Each member is obligated to participate in the activities in
the College; and in particular, shall attend each meeting of
members unless he is reasonably unable to do so.
(b) Each member shall unless excused by the Board, give a minimum
of service to the College, choosing his own area of involvement
(other than the maintenance responsibilities relating to his own
unit) . If the College adopts general policy on participation
setting out relevant matters in detail, such policy shall be
attached to the By-law as a schedule.
11. Monthly Housing Charge
(a) The monthly housing charge shall be set in accordance with
paragraph 4 of By-law No.1, and Article IV of this By-law. It
shall be paid in such manner and at such place as the Board may
direct. The monthly housing charge shall include, but is not
limited to the following:
Mortgage payments, municipal taxes, electricity, gas, water and
sewage service, insurance on the buildings, and College assets
only, College administration, repairs and maintenance, reserves,
contingencies, and other items duly approved by the Board and its
standing committees.
(b) The monthly housing charge shall not include the following
and the member shall be responsible for paying them:
Telephone, cable television services, insurance on the member's
own personal property, personal liability insurance for members.
12. Monthly Parking Charge
If a parking space is allocated to a member, the member shall pay
Board may direct.
67
the charges proposed for each type of room.
19. Change in Budget
If, during a fiscal year, the Board feels that a change in housing
charge is desirable, it may call a special meeting of the members
for the purpose of considering such a change and give notice at
least 72 hours prior to the meeting, and there should be delivered
to each unit a copy of the proposed revised budget. Any change must
be approved by majority vote of the members at a general member
meeting and shall take effect only in the manner set out in
paragraph 20.
20. Commencement of Changed Rental Charges
Unless otherwise determined by the members by a two-thirds majority
of the votes cast at the special meeting, no change in charges
shall take effect until at least sixty days after such change is
approved by the members. Notice of the change applicable to the
room shall be delivered to each room as soon as possible after the
meeting. The delivery of the notice to the door of the unit or to
the unit mailbox shall be deemed sufficient method of delivery.
21. Private Residences
Article V
Use and Behaviour
units shall be used only as private residences for members and
their immediate families, and for other persons in accordance with
this By-law, and for no other purpose, saving only those uses the
Board specifically deems appropriate to the purposes of the
College.
22. Nuisance
Members shall not behave in any fashion that may unreasonably
interfere with the enj oyment of other members, nor shall they
commit or permit any nuisance or any noise or disturbance that
would unduly disturb other members, nor shall they commit or suffer
any illegal acts to be committed within the unit or on the common
elements. Guidelines for behaviour are found in the rules and
regulations, here to attached as schedule "B".
23. Rules and Regulations
The Rules and Regulations of the College shall be the Rules and
69
(g) At the end'of a member's occupancy of a unit, he shall leave
the unit in a clean and tidy condition.
Article VI
Allotment of Rooms and units
26. Internal Waiting List
The College shall maintain a waiting list of members occupying
units of the College who have indicated a desire to change their
units. As suitable units become available, priority shall normally
be given to persons on the internal waiting list in accordance with
the Membership Policy, but the Membership Committee may either
depart from the order on the internal waiting list or the external
waiting list or give a particular person on the external waiting
list priority over a member on the internal waiting list, if it
feels there is good reason to do so (subject to appeal, in the case
of a member, to the Board).
27. Membership Policy
In allotting units to new members and changing units within the
College, the Membership Committee shall act in accordance with the
membership policy attached hereto as Schedule "A".
28. Damage by Fire
(a) If any unit in the College is damaged by fire or other
casualty and such damage is minor, the unit shall be repaired by
the College and as quickly as possible and there will be no
reduction in housing charges.
(b) If the damage is serious so that in the opinion of the Board
it is not desirable to repair the unit or the building in which it
is situated, then the member's right to occupy the unit shall be
terminated and charges shall cease effective the day of the fire
or casualty.
(c) If the damage is such that the unit is no longer habitable,
but the College intends to repair the unit, then the member's right
to occupy the unit shall be terminated and charges shall cease
effective the day of the fire or casualty, and in addition to the
priority on the waiting list referred to in subparagraph (e), such
member shall have a further right to reoccupy the damaged unit when
it is repaired, unless in the meantime he has elected to accept
another unit.
71
34. Sub-Occupancy
(a) Any member who desires to leave the College temporarily for
a period of not more than twelve months may sublet his unit, but
only on the terms of the Sub-Occupancy Agreement attached hereto
as Schedule "0". Prior to the commencement of any term of sub-
occupancy, the member and all sub-occupants shall sign and deliver
to the college a Sub-Occupancy Agreement, in the form attached
hereto as Schedule "0" and an Agreement by the sub-occupants to
terminate in the form attached hereto as Schedule "E". A member
wishing to sublet must inform the College of his desire in writing,
in the form of Schedule (K).
(b) No term of sub-occupancy may be longer than the remaining term
of the original occupancy agreement. The sub-occupant must be
approved by the Membership Committee in< reference to the sub-
letting of Two-Person or Apartment units.' In addition, the sub-
occupant must become a member of the College.
35. No Profit
No member may profit on surrender of his occupancy rights or
subletting in accordance with paragraph 34. No member may charge
any sub-occupant any amount greater than the charge payable by a
member occupying the room. Any profit realized by a member out of
his right to occupy a room and unit in the College' shall be the
property of the College.
36. Consent to Assignment
Notwi thstanding section 23 of the Landlord and Tenant Act, the
College may unreasonably withhold its consent to any assigning,
underletting, parting with possession of or disposing of any unit.
Article VIII
Termination of Occupancy by Member
37. Notice Required
(a) A member may terminate his occupancy in the College by glvlng
one month's notice in writing with the one month ending on the day
preceding a day for payment of monthly charges. The member's right
to occupy his unit shall terminate at the end of the one month
notice period. For those members moving outside the College, such
notice will be in the form of Schedule (I). For members moving
within the College, notice will be in the form of Schedule (J).
(b) until the one month is up, the member's rights and obligations
73
in paragraph 39 exists, and the member has not remedied or
compensated for the breach in accordance with the notice, or it is
a repeated breach, the occupancy rights (but not the membership)
of the member may be terminated by resolution passed by a majority
of those present and voting at the meeting. Such resolution may
be in the form attached hereto as Schedule "Gil. Such termination
of occupancy rights shall be effective at a date specified in the
resolution, which date shall be a reasonable time after the meeting
but normally at least ten days after the meeting.
(c) The Board may adjourn the determination of whether to
terminate the member's occupancy to a consideration at a specific
future time. It shall not be necessary to give the member any
further notice of any such future consideration.
(d) If it sees fit, the Board may terminate a member's occupancy
rights on a specific date, but may resolve that such termination
shall not take effect, if the member makes such payments or
performs such acts as the Board may determine on or before such
date. If the member complies with such resolution, then the
resolution terminating his occupancy rights shall be of no further
force or effect.
(e) If the occupancy rights of the member are terminated, a notice
to vacate specifying the day of termination shall be delivered to
the member's unit normally within two days following the meeting
of the Board (and whether or not a resolution referred to in
subparagraph (d) has been passed). Such notice may be in the form
contained in Schedule "H" to this By-law.
42. Right of Appeal
(a) If the member or his agent or counsel was present at the
meeting of the Board, he may appeal the decision terminating his
occupancy rights by serving on any member of the Board, or leaving
at the office within five days of delivery of the notice referred
to in paragraph 41 (e), notice setting out the grounds on which he
appeals, unless his occupancy rights were terminated because he was
in default in the payment of charges.
(b) On receipt of such notice, the President shall call a meeting
of the members giving due notice thereof, or put the matter on the
agenda for the next members' meeting.
(c) At such meeting, the member whose occupancy rights have been
terminated may appear with or without counsel and may make
representations to the meeting.
(d) By a majority vote, the meeting may confirm the decision of
the Board, or s ~ b s t i t u t e for its decision any decision which could
have been make by the Board.
75
Co-operative Corporations Act.
47. Abandonment
Any member who has abandoned his unit will be deemed to have given
notice of intention to withdraw from membership in the College on
the day of abandonment unless written notice to the contrary is
given to the College.
48. When Occupancy Rights Terminated
(a) Any member whose occupancy rights have been terminated under
Article IX of this By-law shall be deemed to have given notice of
intention to withdraw from membership in the College on the day on
which possession is recovered by the College, unless written notice
to the contrary is given to the College.
(b) Any member who ceases to have the right to occupy, reoccupy,
or remain on the internal waiting list for a room or unit in the
College under paragraph 26 shall be deemed to have given notice of
which he ceases to have such right, or ceases to remain on the
internal waiting list as the case may be, unless written notice to
the contrary is given to the College.
49. Expulsion from Membership
Any member who is no longer resident in the College may be expelled
from membership in accordance with the procedure set out in Section
66 of the Co-operative corporations Act.
50. Subordination
(a) The rights granted to members in this By-law shall be subject
and subordinate to all mortgages or ground leases now existing on
the College's property or those which may be duly entered into in
the future by the College. The members shall execute any documents
which the College or any lender may deem necessary or desirable to
give effect to this paragraph.
(b) The College and each and every officer and future officer
shall be the irrevocable attorney on behalf of the members. The
members shall be deemed to have waived and shall not have any
rights to notice of any default or notice of foreclosure or other
legal action on any such ground lease or mortgage. The College
shall be the agent of each member to receive and accept such notice
on the member's behalf, if such notice is necessary.
52. Time
Time shall be of the essence of this By-law and the performance of
the duties of the College and its members.
77
By-law No. 9
Schedule "A"
Membership Policy
Neill-Wycik Co-operative College, Inc., (herein called the
"College" was founded with some of its objectives being:
To co-operatively promote the advancement of learning and the
dissemination of knowledge;
To co-operatively promote the intellectual, social, moral, and
physical development of its members and the betterment of society;
To co-operatively establish and carryon scholarship and research
programmes; and
To co-operatively construct, maintain, and operate a building for
the College to provide dwelling accommodation and meals for members
of the College and otherwise complementing the functions and
facilities of post-secondary institutions of learning and co-
operatively therewith to the end that the members of the College
will receive a wider and fuller education than would otherwise be
possible.
It is therefore desirable to herein set forth the qualifications
necessary for persons to become members of the College.
prospective members should demonstrate:
(a) A willingness to participate in the operation of the College,
its programmes and facilities;
(b) A commitment to co-operative principles and ideals;
(c) A willingness to participate in the on-going educational
programmes of the College;
(d) In the whole, an interest in promoting the growth of the
College and the fulfilment of its objectives.
Be it noted that the College being a co-operative corporation
adheres tothe internationally accepted principles of co-operation
as expressed by the 1966 Congress of the International Co-operative
Alliance, and the College's own Principles of Co-operation, as
passed by the Board of Directors on the seventh day of December,
1977.
Be it also noted that, contrary to any provlslon which is stated
herein, or any amendment which may be added later, that the pro-
visions of By-law No.1, Paragraph 3, namely: "There shall be no
political, religious, or racial discrimination in the selection of
m e ~ b e r s of the College", shall prevail and take precedence.
79
6. (a) No member, guest, or employee of the College shall bring
into, or cause to be brought into the building, or possess in
the building or on the grounds, or use while in the building
or on the grounds, or use while in the building or on the
grounds, any fire arms or restricted weapons.
(b) The use of any object as a weapon is not permitted.
7. (a) Screens shall not be removed from any window in the
building.
(b) Objects shall not be thrown out of any window in the
building, or from the roof of the building.
8. The introduction of pets into the College is allowed only
under the following conditions:
(i) Before a pet is brought into the building, the Pet Owners'
committee must be approached and permission granted.
(ii) Pets must be registered with the Pet Committee.
(iii) The pet owner assumes responsibility for damage caused
by his pet or related to the presence of his pet.
(iv) In granting permission, the Pet Committee shall be guided
by the following criteria:
a) Pets, excluding fish, are not allowed to be kept in
4-, 5-, or 6-person units. .
b) Pets are allowed to be kept in two-person and
apartment units. The written permission of the unit-mate
must be filed with the Pet Committee before the animal
is brought into the unit.
c) The only fur bearing animals allowed in the building
are cats, dogs, and caged domestic rodents.
d) No intimidating animals are allowed as pets. This
includes, but is not limited to, spiders, snakes, and
large dogs.
(v) Cats and dogs must be inoculated against enteritis. Dogs
must be inoculated against rabies. Inoculation must be kept
current, as necessary, for each pet. Proof of inoculation
must be filed with the Pet Committee.
(vi) Cats and dogs must be neutered or spayed, as appropriate,
at the proper age, in accordance with the policy of the Pet
Committee.
(vii) The pet owner must maintain his pet's living conditions
in a manner such that the pet does not interfere with the
quiet enjoyment of other members.
(viii) Pets are not allowed to wander in the building or on
the grounds.
animal wastes."
9. Damage must be reported to Maintenance or Security.
10. Smoking is not allowed in the Elevators, Photo Lab, Woodshop
81
By-law No. 9
Schedule "c"
Maintenance Policy
since the College is based on the principle of mutual responsibi-
lity for mutual growth and benefit, and, since the College's
largest asset is the building which houses the maj ori ty of its
members, it is to the members' benefit that the building be kept
in the best possible condition.
It is therefore in the interest of the members that the following
policy be put into effect.
(a) As stated in the Occupancy Agreement and the By-laws of the
College, upkeep of a member's room and unit is the responsibility
of the occupying member(s) .
(b) It is hereby deemed that the common elements of the building,
in respect to By-law No.9, Paragraph 25, sUbsection (b), incl\lde:
(i) The washrooms, semi-private hallway, and common kitchen-
lounge of a unit, for which the occupants of the unit share
responsibility under this policy; and
(ii) The hallway, elevator lobby, and stairway landings of a
floor, which shall be the aggregate responsibility of the
occupants of the units on a floor.
(c) Specific requirements for the upkeep of the areas mentioned
above shall be set out by the Management committee, or a
maintenance sub-committee thereof, or by a Maintenance-Standing
Committee appointed by the Board of Directors, as directed by the
Board.
(d) Regulations regarding room decoration shall be set from time
to time by the Management Committee subject to approval by the
Board. The "Paint policy" in effect at the time of adoption of this
policy shall be deemed to be part of this policy, and these
regulations will remain in effect until such time as they are
amended or replaced.
83
6. If the Occupancy rights of the Member in the College are
terminated, or if the Member resigns from membership or his
membership rights are terminated, the term of his Sub-Occupancy
Agreement shall be deemed to end on the day of such termination as
shall the Occupancy rights of the Sub-occupying Member. No such
termination shall relieve the Member of his obligations during the
original term of this Agreement or so long as the Sub-occupying
Member remains in possession of the unit.
7. The Sub-occupying Member agrees to sign an Agreement to
Terminate so that the College may regain possession at the end of
the term.
Dated At
____________________ , this
day of
_________ , 19 ___ .
Per:
Member
85
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
Take notice that it has been alleged that you have committed the
following breach of the Articles, By-laws, Regulations or
Resolutions of the College and/or of your Occupancy Agreement:
contrary of Paragraph of By-law 9.
And take notice that a meeting of the Board of Directors has been
set for the day of , 19 ____ at
in the City of Toronto at which
to consider a motion to terminate your occupancy rights with
respect to unit at 96 Gerrard Street East, in the city of
Toronto.
And take notice that you may appear at such meeting and make
representations prior to such a vote either personally or by agent
or counselor both.
And take notice that you are hereby required to remedy the breach
or default aforesaid if it is capable of remedy, or to make
compensations in money for the breach, if such a breach may be
compensated for by money, prior to such meeting or your oCcupancy
rights may be terminated at such meeting.
Dated this day of
_____________ , 19 __ __
Neill-Wycik Co-operative College Inc.
Per:
87
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
Take notice that at a meeting of the Board of Directors held on
the
day of , 19 ____ , in the city of Toronto,
notice of which was duly served on you or given to you, your
occupancy rights in the College were terminated effective on the
day of , 19 ____ .
And take notice that you are required to vacate the premises on or
before the said date.
Dated this day of 19
Per:
(see attached Schedule "G")
89
By-law No. 9
Schedule "J" (Internal)
This is an agreement between Neill-Wycik Co-operative College Inc.,
In this agreement, the undersigned gives formal notice that he/they
will be vacating his/their unit on the date stated below.
This agreement also outlines the responsibilities which the
undersigned agrees to fulfil.
I the undersigned member give formal notice that I will vacate my
unit on , 19 ___ .
month day year
And do hereby surrender my Occupancy rights as of that time.
PART B: Responsibilities
I the undersigned member understand that I will be responsible for
the following and agree to fulfil these responsibilities:
1. Payment of the housing charge for the unit I will be moving
into, as stated on the Occupancy Agreement.
2. continued payment of the housing charges for my present unit
until such time as a suitable person is found to become a member
of the College and assume the obligations of my Occupancy
Agreement.
posting notices in common areas using masking tape only.
new occupant.
member unit date
Per:
date received
91
By-law No. 9
Schedule "L"
Payments and Arrears policy
In the interests of ensuring prompt payment of housing charges and
the other payments required under Article III, Paragraph 9, and
ensuring proper collection of arrears, the following policy is
hereby put into effect:
I Payments
(a) Payments should be made by cheque or money order where pos-
sible, although cash will be accepted. Deposits must be made
by certified cheque or money order.
(b) In accordance with Article III, Paragraph 11, housing
charges will be paid in the following manner:
(i) Housing charges for four-, five-, and six-persons units
are payable by the term, and are due on the first day of
September for the fall term and the first day of January
for the winter term. Payments for the months of May,
June, July, and August are due on the first day of each
month.
(ii) With the special permission of the Rental Arrears
Committee, fully employed members who have suppl ied
information as to their employer's identity may pay
housing charges for a four-, five-, or six-person unit
monthly, but if such members fall into arrears, the
balance of the term housing charges may be considered due
immediately. .
deposit.
preceding month.
II Arrears
93
Approved by Members
November 2, 1982
November 17, 1982
amends paragraph 37, Schedule I and Schedule J reducing the
members' obligations for housing charges to two months
following delivery of notice of lease breaking
BYLAW NO. 17
of
as follows:
1. Paragraph 37 of Bylaw No. 9 is hereby repealed and the
following substituted therefor:
37. Notice Reguired
(a) A member may terminate his occupancy in the College by
giving not less than two month's notice before the date the
termination is specified to be effective and shall be
specified to be effective on the last day of a month of
occupancy. The member's right to occupy his unit shall
terminate at the end of the notice period. For those members
moving outside the College, such notice will be in the form
of Schedule (I). For members moving within the College,
notice will be in the form of Schedule (J).
(b) until the notice period expires, the member's rights
shall remain in full force and effect. Upon the expiration
of the notice period, if the member vacates the unit in
accordance with the notice, his obligations to the College
shall end, but any outstanding obligations to the College
existing on that date shall continue until paid or fulfilled.
2. Part B, Paragraph 1 of Schedule (I) to Bylaw No.9 is repealed
and the following substituted therefor:
1. continued payment of the housing charges for my unit
until the date upon which I vacate my unit, or the date
specified above, whichever occurs last.
3. Part B, Paragraph 2 of Schedule (J) to Bylaw No.9 is repealed
2. continued payment of the housing charges for my present
unit until the date upon which I vacate my unit, or the date
95
BY-LAW NO. 9
as amended by Bylaw No. 12, 13 14 and 17
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
accommodation component of a unit.
Article II
3 . Membership
97
occupancy)
Damage Deposit
Parking charge
Pet Damage Deposit
of his obligations under this By-law.
10. Participation
the College i and in particular, shall attend each meeting of
Board may direct.
99
paragraph 20.
Unless otherwise determined by the members by a two-thirds maj ori ty
Article V
Use and Behaviour
College.
22. Nuisance
Members shall not behave. in any fashion that may unreasonably
regulations, here to attached as schedule UBU.
101
(g) At the end of a member's occupancy of a unit, he shall leave
Article VI
28. Damage by Fire
or casualty.
another unit.
103
34. Sub-Occupancy
as Schedule "D". Prior to the commencement of any term of sub-
to the College a Sub-Occupancy Agreement, in the form attached
hereto as Schedule "D" and an Agreement by the sub-occupants to
approved by the Membership Committee in reference to the sub-
letting of Two-Person or Apartment units. In addition, the sub-
35. No Profit
his right to occupy a room and unit in the College shall be the
Notwithstanding section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Reguired
(a) A member may terminate his occupancy in the College by giving
not less than two month's notice before the date the termination
is specified to be effective and shall be specified to be effective
on the last day of a month of occupancy. The member's right to
occupy his unit shall terminate at the end of the notice period.
For those members moving outside the College, such notice will be
in the form of Schedule (I). For members moving within the
College, notice will be in the form of Schedule (J).
(b) until the notice period expires, the member's rights shall
remain in full force and effect. Upon the expiration of the notice
period, if the member vacates the unit in accordance with the
105
be in the form attClched hereto as Schedule "G". Such termination
force or effect.
42. Right of Appeal
occupancy rights by serving on any member of the Board, or ieaving
the Board, or sUbstitute for its decision any decision which could
have been make by the Board .
107
47. Abandonment
given to the college.
which he' ceases to have such right, or ceases to remain on the
from membership in accordance with the procedure set out in section
66 of the Co-operative Corporations Act.
50. Subordination
52. Time
,
109
,I
By-law No. 9
Schedule "A"
Membership Policy
To co-operatively promote the intellectual, social f moral, and
programmes; and
the college to provide dwelling accommodation and meals for members
possible.
Prospective members should demonstrate:
(d) . In the whole, an interest in promoting the growth of the
adheres to the internationally accepted principles of co-operation
1977.
Be it also noted that, contrary to any provision which is stated
members of the College", shall prevail and take precedence.
111
building.
4-, 5-, or 6-person units.
large dogs.
Committee.
the grounds.
animal wastes."
113
By-law No. 9
Schedule "c"
Maintenance Policy
largest asset is the building which houses the majority of its
in respect to By-law No.9, Paragraph 25, sUbsection (b), include:
above shall be set out by the Management committee, or a
maintenance sub-committee thereof, or by a Maintenance Standing
Board.
to time by the Management Committee subj ect to approval by the
Board. The "Paint Policy" in effect at the time of adoption of this
115
the term.
Dated At
____________________ , this
day of
_________ , 19 ___ .
Per:
Member
117
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
respect to unit at 96 Gerrard Street East, in the City of
Toronto.
or counselor both.
compensated for by money, prior to such meeting or your occupancy
Dated this day of
_____________ , 19 __ __
Per:
119
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
day of , 19 ____ .
Dated this day of
_______ , 19
Per:
(see attached Schedule "Gil)
121
By-law No. 9
Schedule IIJII (Internal)
unit on , 19 ___ .
month day year
until the date upon which I vacate my unit, or the date specified
above, whichever occurs last.
new occupant.
member unit date
Accepted by Neill-Wycik co-operative College, Inc.
Per:
date received
123
By-law No. 9
Schedule "L"
Payments and Arrears Policy
I Payments
month.
(ii) with the special permission of the Rental Arrears
Committee, fully employed members who have supplied
immediately.
deposit.
preceding month.
II Arrears
125
Approved by Members
February 16, 1983 (B83-027)
March 23, 1983 (B83-038)
amends Schedule "L", the Payment and Arrears policy, to allow
regular cheques as fall term deposits for members living in
wycik over the summer
changes "membership fee" to "social activity fee"
restricts requirement to pay by certified cheque for repeated
late payers to the remainder of the current lease, rather than
indefinitely
BYLAW NO. 18
of
as follows:
1. Paragraph I(a) of Schedule (L) to Bylaw 9 is hereby repealed
(a) Payments should be made by cheque or money order
where possible, although cash will be accepted. Deposits
must be made by certified cheque or money order, except
for fall deposits from members living in the College over
the summer, and maintenance deposits.
2. Paragraph II (a) of Schedule (L) to Byla.w 9 is repealed and the
(a) Arrears are any amounts owed to the College that
have not been received when due. This includes, but is
not l i m i t ~ d to, housing charges, social activity fees,
parking charges, and damage deposits.
3. Paragraph II(b) of Schedule (L) to Bylaw 9 is repealed and the
following SUbstituted therefor:
(b) In accordance with Article III, Paragraph 16, all
service charges levied against the College as a result
of a member's cheque being returned by a financial
institution will be paid by the member. In addition, the
member will be considered to be in arrears until such
time as the cheque is replaced and the service charge is
paid. When a member has had two cheques returned,
payments must be made by certified cheque, money order
or cash for the balance of the lease.
127
BY-LAW NO. 9
as amended by Bylaw No. 12, 13, 14, 17 and 18
operative Housing corporations are exempt from part IV of the
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
Article II
3 . Membership
129
occupancy)
Damage Deposit
Parking charge
Pet Damage Deposit
10. Participation
Board may direct.
131
paragraph 20.
Article V
Use and Behaviour
College.
22. Nuisance
133
Article VI
28. Damage by Fire
or casualty.
another unit.
135
34. Sub-Occupancy
35. No Profit
sUbletting in accordance with paragraph 34. No member may charge
Notwithstanding Section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Required
137
be in the form attached hereto as Schedule "G". Such termination
force or effect.
42. Right of Appeal
139
47. Abandonment
given to the College. .
50. Subordination
the College's property.or those which may be duly entered into in
shall be the irrevo6ableattorney on behalf of the members. The
52. Time
141
By-law No. 9
Schedule "A"
Membership Policy
programmes; and
possible.
Alliance, and the College I s own Principles of Co-operation, as
1977.
143
building.
large dogs.
Committee.
the grounds.
animal wastes."
145
By-law No. 9
Schedule "C"
Maintenance Policy
Since the College is based on the principle
lity for mutual growth and benefit, and,
largest asset is the building which houses
members, it is to the members' benefit that
of mutual responsibi-
since the College's
the majority of its
the building be kept
of the occupying member(s).
occupants of the units on a floor. .
above shall be set out by the Management Committee, or a
Board.
to time by the Management committee subject to approval by the
147
termination shall relieve the Member of his.obligations during the
the term.
Dated At
_____________________ , this
day of
__________ , 19 ___ .
Per:
Member
149
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
set for the day of , 19____ at
in the city of Toronto at which
Toronto.
or counselor both.
Dated this day of
_____________ , 19 __ __
Per:
151
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
day of , 19 ____ , in the City of Toronto,
day of , 19 ____
And take notice that you are required to vacate the premises, on ,or
Dated this day of
_____________ , 19
Per:
153
By-law No. 9
unit on , 19_. __
month day year
new occupant.
member unit date
Per:
date received
155
By-law No. 9
Schedule "L"
I Payments
by certified cheque or money order, except for fall deposits
from members living in the College over the summer, and
maintenance deposits.
September for the fall term and the first day of January for
the winter term. Payments for the months of May, June, July,
and August are due on the first day of each month.
information as to their employer's identity may pay housing
charges for a .four-, five-, or six-person unit monthly, but
if such members fall into arrears, the balance of the term
housing charges may be considered due immediately.
(iii) Housing charges for two-person and apartment units are
payable monthly, and are due on the first day of the month.
For apartments, full payment will be receipted to one member
only.

preceding month.
II Arrears
157
5.12 Bylaw 20, Replacing Bylaw 9 and Bylaw 20 - November 9, 1988
to Present
Approved by Members
october 12, 1988
November 9, 1988
amends a variety of wordings based on the advice of the
corporate lawyer
Schedule A (Membership Policy) rewritten
Schedule B (Rules and Regulations) rewritten
Schedule C (Maintenance Policy) rewritten
Schedule J (Internal Transfer) deleted
BYLAW NO. 20
of
that Bylaw 9 be repealed in its entirety and the following
substituted therefore:
BY-LAW NO. 9
As Amended by By-law No. 's 12,13,14,17,18 & 20
obligations of the Co-operative and its members.
(herein called the "Co-operative" as follows:
the rights and obligations of the Co-operative and its members.
And whereas by virtue of ontario Regulation 547 R.R.O. 1980 Non-
Profit Co-operative Housing Corporations are exempt from part IV
of the Landlord and Tenant Act;
1. Meaning of Unit
Article I
Definitions
159
persons shall be on the basis of leases or contractual arrangements
entered into between them and the Co-operative, with the approval
of the Board. In granting such leases, dealing with such persons,
or terminating their relationship with the Co-operative, the Board
shall act in accordance with the applicable sections of the
Landlord and Tenant Act and shall not be obliged to follow the
procedure set out in this By-law with respect to resident members.
A resident member of the Co-operative shall be entitled to
exclusive possession of his/her room together with any persons who
are sharing such room with him/her, and to the use in common with
other members of the common facilities applicable to his/her unit.
9. Payments
Article III
Members' contributions
Final Month's Housing Charge
Education and Social Activity Fee
Maintenance Deposit
Parking charge
Additional charges which may be payable because of the member's
Separate School support, or his/her breach of any of his/her
obligations under this By-law.
All payments shall be made in accordance with Schedule "K " -
Payments and Arrears Policy.
10. Participation
the Co-operative; and in particular, shall attend each meeting of
members unless s/he is reasonably unable to do so.
of service to the Co-operative, choosing his/her own area of
involvement (other than the maintenance responsibilities relating
to his/her own unit). If the Co-operative adopts general policy
on participation setting out relevant matters in detail, such
policy shall be attached to this By-law as a schedule.
paragraphs 23 through 28 of By-law No.1, and Article IV of this
By-law. It shall be paid in such manner and at such place as the
161
not there is a breach of this By-law, the Co-operative becomes
liable for any additional taxes, charges or expenses, the member
shall pay such taxes, charges or expenses to the Co-operative on
demand. Such charges shall incl ude . returned cheque charges,
collection charges, and legal fees, as between a solicitor and
his/her own client. If such tax, charge or expense is a regular
recurring payment, the member's monthly housing charge shall be
adjusted accordingly.
Article IV
Housing charges, or any other charges payable by members, shall
be decided by a vote of the members, or a body duly elected or
appointed by the members or a committee thereof.
19. Budget
estimated total expenses of the Co-operative, including reserves
and contingencies, and showing all external income, and showing
all the charges proposed for each type of room.
paragraph 21.
21. Commencement of Changed Housing Charges
163
Article VI
The Co-operative shall maintain a waiting list of members occupying
units of the Co-operative who have indicated a desire to change
their units. As suitable units become available, priority shall
normally be given to persons on the internal waiting list in
accordance with the Membership Policy, (attached as Schedule "A")
but the Board or its delegate may either depart from the order on
the internal waiting list or the external waiting list or give a
particular person on the external waiting list priority over a
member on the internal waiting list, if sjhe feels there is good
reason to do so (subject to appeal, in the case of a member, to the
Board) .
Co-operative, the Board or its designate shall act in accordance
with the membership policy attached hereto as Schedule "A".
28. Damage by Fire
(a) If any unit in the Co-operative is damaged by fire or other
the Co-operative and as quickly as possible and there will be no
(b) If the damage is serious so that in the oplnlon of the Board
or casualty.
but the Co-operative intends to repair the unit, then the member's
right to occupy the unit shall be terminated and charges shall
cease effective the day of the fire or casualty, and in addition
to the priority on the waiting list referred to in subparagraph
(e), such member shall have a further right to reoccupy the damaged
unit when it is repaired, unless in the meantime sjhe has elected
to accept another unit.
(d) For a period of up to three months afte,r the fire or casualty,
the Co-operative on an emergency basis paying the lesser of the
charges applicable to such unit or the damaged unit.
165
34. Sub-Occupancy
(a) Any member who desires to leave the Co-operative temporarily
for a period of not more than four months may sublet his/her unit,
but only on the terms of the Sub-Occupancy Agreement attached
hereto as Schedule "0". Prior to the commencement of any term of
sub-occupancy, the member and all sub-occupants shall sign and
deliver to the Co-operative a Sub-Occupancy Agreement, in the form
attached hereto as Schedule "0" and an Agreement by the sub-
occupants to terminate in the form attached hereto as Schedule "E".
A member wishing to sublet must inform the Co-operative of his/her
desire in writing, in the form of Schedule "J".
of the original occupancy agreement or four months, whichever comes
first. The sub-occupant must be approved by the Board of Directors
or its delegate. The sub-occupant must become a member of the Co-
operative.
35. No Profit
No member may profit on surrender of 'his/her occupancy rights or
member occupying the room.
Notwithstanding section 23 of the Landlord and Tenant Act, the Co-
operative may unreasonably withhold its consent to any assigning,
underletting, parting with possession of or disposing of any Unit.
Article VIII
37. Notice Required
(a) A member may terminate his/her occupancy in the Co-operative
by giving not less than two months notice before the date the
termination is specified to be effective and shall be specified to
be effective on the last day of the month of the occupancy. The
member's right to occupy his/her unit shall terminate at the end
of the notice period. For all members moving outside the Co-
operative, such notice will be in the form of Schedule (I).
notice, his/her obligations to the Co-operative shall end,
excepting any outstanding obligations to the Co-operative existing
on that date which shall continue until paid or fulfilled.
167
of those present and voting at the meeting. Such resolution may be
in the form attached hereto as Schedule "G". Such termination of
occupancy rights shall be effective at a date specified in the
resolution terminating his/her occupancy rights shall be of no
further force or effect.
40. Right of Appeal
(a) If the member or his/her agent or counsel was present at the
meeting of the Board, s/he may appeal the decision terminating
his/her occupancy rights by serving on the President or any member
of the Board, or leaving at the office within five days of delivery
of the notice referred to in paragraph 39(e), notice setting out
the grounds on which s/he appeals, unless his/her occupancy rights
were terminated because s/he was in default in the payment of
charges.
of the members giving due notice thereof, which notice may be ten
days or more as set out in the Co-operative Corporations Act,
section 75, or put the matter on the agenda for the next members'
meeting.
169
44. No Termination of Occupancy without Withdrawal
(a) No member may terminate his/her occupancy rights in the Co-
operative under paragraph 37 without also withdrawing from
membership in the Co-operative and the delivery of a notice of
termination under paragraph 37 of this By-law shall be deemed to
be the delivery of a notice of intention to withdraw from
membership under section 64 of The Co-operative Corporations Act.
(b) A member who surrenders his/her occupancy rights (under this
paragraph) but wishes to remain a member, must re-apply in writing
at the time of giving notice, without additional charge for the
membership year.
45. Abandonment
Any member who has abandoned his/her unit will be deemed to have
given notice of intention to withdraw from membership in the Co-
operative on the day of abandonment unless written notice to the
contrary is given to the Co-operative.
intention to withdraw from membership in the Co-operative on the
day on which possession is recovered by the Co-operative, unless
written notice to the contrary is given to the Co-operative.
Co-operative under paragraph 26 shall be deemed to have given
notice of intention to withdraw from membership in the Co-operative
on the day on which s/he ceases to have such right, or ceases to
remain on the internal waiting list as the case may be, unless
Any member who is no longer resident in the Co-operative may be
expelled from membership in accordance with the procedure set out
in section 66 of the Co-operative corporations Act.
48. Subordination
the co-operative's property or those which may be duly entered into
in the future by the Co-operative. The members shall execute any
documents which the Co-operative or any lender may deem necessary
or desirable to give effect to this paragraph.
171
President secretary
President secretary
173
selection may be done by the Board's delegate.
Apartment units
will be
1-
2.
3.
4.
5.
6.
allocated on the following basis:
Internal student couple
External couple (at least one of them a
student)
Two internal students sharing apartment
Internal single student
Two external students sharing apartment
External single student
full time
External waiting List
priority on the external waiting list is determined by:
Returning Member (full time student)
1. Length of absence from co-op. The most recent
resident of a room has first option to renew the
lease.
2. Date of application. Applications for September
must be received by the date determined by the Board
to maintain priority status as a returning member.
New Members (full time student)
1. Date of application. First come, first serve.
2. Out of province students may be given preference
based on direction of the Board.
Members without Occupancy Rights
Only members who have previously had occupancy rights in the co-op
will be eligible. At its discretion, the Board may from time to
time make exceptions.
To retain membership status, the member must make application
annually to the co-op, no later than the designated deadline.
In accordance with Paragraph 34 or 44b a member who surrenders
his/her occupancy rights must state in writing at the time of
giving notice his/her intention to maintain membership for that
membership year, if so desired by the member.
Be it noted that, contrary to any provision which is stated here
or any amendment which may be added later, that the provisions of
By-law No.1, Paragraph 3, namely: "There shall be no political,
religious, or racial discrimination in the selection of members of
the co-operative", shall prevail and take precedence.
175
(f) Cats must be inoculated against enteritis. Inoculation
must be kept current as necessary for each pet and proof must
be available to the office.
(g) The pet owner must maintain his/her pet's living condi-
tions in a manner such that the pet does not interfere with
the quiet enjoyment of other members.
(h) Pets are not allowed to wander unattended in the build-
ing or on the grounds.
(i) The garbage chute is not to be used for the disposal of
animal wastes.
8. City bylaws relating to smoking in public areas shall apply.
From time to time, the Board may designate other non-smoking
areas.
9. No open alcoholic beverages are permitted in public areas.
10. Visitors of members may stay only under the conditions
outlined in paragraph 3i of this bylaw.
11. Any action by a member or his/her guest which impedes fire
safety in the building, including tampering with or
obstructing fire alarm speakers, discharging a fire
extinguisher for reasons other than extinguishing. a fire,
deliberately starting a fire, blocking fire exits or impeding
building fire procedures will not be tolerated, and criminal
charges may be laid.
177
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
SUB-OCCUPANCY AGREEMENT
hereinafter called the "Co-operative"
"uni t"), and the Co-operative is .the owner of the property, and
the Member has requested permission to grant temporary sub-
occupancy rights to the sub-occupying member, and the Co-operative
has consented.
1. The Member hereby surrenders to the Co-operative his/her right
to occupy the unit for a term of months commencing
19 ____ , and ending , 19 ____ .
2. The Co-operative hereby grants temporary sub-occupancy rights
to the sub-occupying member as occupant of the unit for a term of
months commencing , 19 ____ , and ending
19
3. The sub-occupying member agrees with the Member and the Co-
operative to observe all the terms of and to perform all the
obligations of the member under the member's occupancy agreement,
Co-operative (insofar as they are applicable to him/her) and to
pay to the Co-operative the monthly housing charge of $ or
such other monthly housing charge as may be payable for the unit.
A copy of the said documents are available at the Co-operative
office. The housing charge set out above shall be payable by the
sub-occupying member directly to the Co-operative at its office
monthly in advance by cheque or money order.
4. The member agrees with the Co-operative that s/he shall remain
fully liable for' the payment of the housing charge and the
performance of all the obligations of the sUb-occupying member.
5. The sUb-occupying Member agrees to terminate his/her occupancy
179
By-law No. 9
Schedule "E"
AGREEMENT TO TERMINATE A SUB-OCCUPANCY
"Co-operative", and
___ _____________ --:--_, herein referred to as the "sub-
respect to the premises known as unit 96 Gerrard Street
East, in the city of Toronto, on the of
19 __
Dated this day of
________ , 19 __ ."
Per:
181
By-law No. 9
Schedule "G"
BOARD OF DIRECTORS RESOLUTION TERMINATING OCCUPANCY RIGHTS
Member(s) :
unit:
WHEREAS the Member(s) referred to above was.given Notice under the
provisions of paragraph 39 of By-law No. 9 of the Co-operative;
the Notice;or
breach;
......
terminated effective , 19 _____ _
the following acts on or before, such date: '
day of _________ , 19 at a meeting of the
Board of Directors duly held, notice having been duly given to the
Member(s), which Resolution remains in full force and effect
unamended.
Per
183
By-law No. 9
MEMORANDUM OF AGREEMENT
agrees to fulfil.
19
month day year
I the undersigned, understand that I will be responsible for the
following agree to fulfil these responsibilities:
1. continued payment of the housing charges for my unit until the
date upon which I vacate my unit, or the date specified above,
whichever occurs last.
new occupant.
member unit date
Per: __________________________________ __
date received
185
By-law No. 9
Schedule "K"
PAYMENTS AND ARREARS POLICY
I Payments
(a) Payments must be made by cheque or money order. Cash will not
be accepted for payment of occupancy charges. Deposits must
be made by certified cheque or money order, except for fall
deposits from members living in the Co-operative over the
summer, and maintenance deposits. Fall term payments from all
members not resident in the summer must be by certified cheque
or money order.
respective month.
(ii) with the special permission of the Rental Arrears Com-
mittee, members who are employed full-time who have
supplied information as to their employers identity may
pay housing charges for a four-, five-, or six-person
unit monthly, but if such members fall into arrears, the
immediately.
payable monthly, and are due on. the first day of the
month. For apartments, full payment will be receipted
to one member only.
(c) In accordance with. Article III, Paragraph 13, the housing
deposit.
(d) In accordance with Schedules "D" and "I", administrative fees
(e) In accordance with Article III, Paragraph 12, parking
payments are payable by the term, and are due on the 15th of
the preceding month.
187
Approved by Members
August 2, 1989 (B89-091)
November 15, 1989 (AGM-008)
delete paragraph 16, provision for rent variation for separate
school support
remove superfluous wording by condensing 44a, 44b, 45 and 46a
into 44a and renumbering 46b to 44b
remove superfluous wording in 48b
BYLAW NO. 22
of
1. Paragraph 16 to be deleted.
2. Paragraphs 44a, 44b, 45 and 46a to be deleted and replaced
with the following:
(a) When occupancy is terminated by the Co-operative or
the member, the member shall be deemed to have given
notice of intention to withdraw from membership on the
day on which possession of the member's room or unit is
recovered by the Co-operative, unless written notice to
the contrary is given to the Co-operative prior to the
Co-operative recovering possession.
3. Renumber 46b to 44b.
4. Replace 48b with the following:
The Co-operative and each and every officer and future
officer are hereby appointed the irrevocable attorney of
each member for the purposes of executing any document
necessary or desirable under Paragraph 48(a).
5. Paragraphs shall be renumbered as necessary. PASSED by the
Board and sealed with the corporate seal of the College this
16th day of February, 1983.
PASSED by the Board and sealed with the corporate seal of the co-
operative this 2nd day of August, 1989.
189
occupancy agreement and make all required by the By-laws.
The terms of occupancy of units of housing in the Co-operative by
Regulations, and occupancy agreement of the Co-operative. The Co-
operative, its officers and members shall observe all the terms of
the Charter, By-laws, Rules and Regulations, and occupancy
agreement and be bound thereby (whether or not any particular
member has signed an occupancy agreement) .
6. priority
This By-law shall have priority over any other By-law of the Co-
operative and any By-laws, resolutions, or policies previously
passed are hereby repealed or amended to give effect to the
provisions of this By-law. Wherever there is a conflict between
this By-law and any other By-law, resolution, policy, agreement or
oral statement of the Co-operative, this By-law shall govern. No
one has any authority to commit the Co-operative to any term of
occupancy or agreement respecting occupancy, except in accordance
with this By-law. .
This By-law shall apply to all occupants of the Co-operative who
are members (hereinafter called "resident members"). If the Co-
operative has any commercial tenants, or residential tenants who
are not members, the relationship between the Co-operative and such
entered into between them and the Co-operative, with the approval
or terminating their relationship with the co-operative, the Board
procedure set out in this By-law with respect to members.
191
12. Parking Charge
the applicable charge as specified in Schedule "K" - Payment and
Arrears Policy.
Each member shall pay to the Co-operative prior to moving into
his/her unit an amount equal to his/her final month's housing
charge. The final month's housing charges may be applied to the
last month of residence of the member, providing the member has
given the Co-operative due notice in accordance with the By-law,
and does not owe any money to the Co-operative. otherwise, the
final month's charges may be set off by the Co-operative against
any sum due to it from the member.
shall pay any additional amount required to bring his/her final
month's charges up to the current amounts. If there has been a
reduction in charges, the Co-operative shall credit each member
with the difference or pay the difference to each member. The
final month's charges shall not bear interest.
15. Education and Social Activity Fee
Each member shall pay annually an Education and Social Activity
Fee in accordance with By-law No.1, paragraph 4.
demand. Such charges shall include returned cheque charges,
193
acts to be committed within the unit or on the common elements.
The Rules and Regulations of the co-operative are hereto attached
as Schedule "B". The Rules and Regulations of the co-operative may
be amended from time to time by the Board of Directors to reflect
the specific needs and concerns of the Co-operative and its
members. They shall be observed by all members and the Co-
operative. Failure to comply may result in termination and/or non-
renewal of occupancy rights.
23. Privacy
(a) The Co-operative or anyone on its behalf shall not enter any
member's room or unfurnished unit without the member's permission
except in the case of emergency or except as set out in
subparagraph (b).
each room or unfurnished unit on twenty-four hours written notice
for a regular maintenance inspection, and for any special
inspections for maintenance and repair purposes that may be
authorized by the Board, or as may be required in connection with
any insurance policy or appraisal of the co-operative property, or
for such other reason as the Board may determine. The delivery of
the notice to the room of unfurnished unit via the room or
unfurnished unit mailbox shall be deemed sufficient method of
delivery.
Each member shall observe the maintenance responsibilities with
respect to his unit and the common elements of the co-operative as
Schedule "C".
Article VI
25. Internal waiting List
member on the internal waiting list, if s/he feels there is good
Board) .
195
accepted, shall sign an occupancy agreement. If not accepted, s/he
may continue to reside with his/her family and the members
occupying such unit shall continue to be responsible for his/her
behaviour within the Co-operative.
30. Guests
No member shall have any guests in his/her room or unit, or in any
common area, without consent of the unit mates, such consent not
to be unreasonably withheld. No guest shall stay for more than an
aggregate of 10 days without the permission of the Board or its
delegate. If permission is refused, the guest(s) shall cease to
occupy the room or unit on such a date as the Board or its delegate
may determine and any continued occupancy after that date shall be
considered a default by the members occupying the room and/or unit.
31. Roomer, Boarders, Etc.
room with him/her unless such person has applied for membership in
the Co-operative and been accepted and allocated the room on a
sharing basis. If accepted, such person must sign the occupancy
agreement.
32. No Assignment
No member may assign his/her right to occupy his/her'unit.
33. Sub-Occupancy
hereto as Schedule "0". Prior to the commencement of any term of
attached hereto as Schedule "0" and an Agreement by the sub-
desire in writing, in the form of Schedule "J".
operative.
197
repeatedly failed to observe his/her maintenance and repair
responsibilities as setout in paragraph 24 and the Maintenance
Policy, hereto attached as Schedule "C".
(d) The member has committed any breach or breaches of his/her
Rules and Regulations of the Co-operative and the Board feels that
such breach or breaches is serious enough to warrant termination
of occupancy.
capable of remedy,
(iv) setting out the time and place for the meeting to
terminated.
vote.
in the form attached hereto as Schedule "Gil. Such termination of
future time. It' shall not be necessary to give the member any
further notice of any such future
rights on aspecific date, but may resolve that such termination
199
(b) Unless a member consents, or abandons his/her unit, the Co-
operative shall not re-enter or regain possession of a unit, except
under the authority of a writ of Possession or other judicial
process.
41. Abandonment
If any member abandons his/her unit, the Co-operative may enter
the unit and allot it to another member, or rent it, and any losses
or costs to the Co-operative shall be the responsibility
of the abandoning member.
Article X
A resident ,member may not withdraw from membership in the Co-
operative without terminating his/her occupancy in the co-
operative. If a member serves notice of withdrawal from membership
under section 64 of the Co-operative Corporations Act, s/he shall
be deemed to have given two months notice to terminate occupancy
in accordance with paragraph 36 at the same time. If the member
fails to vacate his/her unit in accordance with paragraph 36, the
Co-operative may apply for a writ of Possession and take such other
proceedings as the Board sees fit against the member without the
necessity of following the provisions of paragraph 38.
(a) When occupancy is terminated by the Co-operative or the
member, the' member shall be deemed to have given notice of
intention to withdraw from membership on the day on which
possession of the member's room or unit is recovered by the Co-
operative, unless written notice to the contrary is given to the
Co-operative prior to the Co-operative recovering possession.
201
its standing committees, or the members from time to time dealing
with the matters covered by such Policy or Rules and Regulations.
this 9th day of November, 1988. (
203
By-law No. 20
Schedule "A"
MEMBERSHIP POLICY
Definition of Member in Good Standing
1. Member is not in arrears and is prompt in making payments as
due (in accordance with Schedule "K").
2. Member must participate in the activities of the co-operative,
in accordance with paragraph 10, By-law 20.
3. Member ,must conduct him/herself in accordance with paragraph
23 and! the Rules and Regulations as prescribed in Schedule
"B", By-law 20.
A member's status in relation to the above definition of a "member
in good standing" may affect his/her options in regards to lease
renewal and 'priority on internal waiting list for unit transfer.
Internal Waiting List
In accordance with paragraph 25, the Board's delegate shall
maintain a waiting list of members occupying units of the co-op who
have indicated a desire to change their units. As suitable units
become available priority shall normally be given to persons on the
internal waiting list in accordance with the Membership Policy, but
the Board or its delegate may either depart from the order on the
internal waiting list or the external waiting list or give a
Board) .
Furnished Units
Requests for room transfers in the furnished units. will be dealt
with according to:
1. Date of Request
2. Gender
3. Smoking versus non-smoking
and unitmate compatibility as determined by the Board's delegate,
who makes the selection.
In allocating the 2-person units, the following guidelines may be
used to select the most appropriate member from the internal
waiting list:
1. Gender
3. Pets
4. Personal compatibility
204
By-Law No. 20
Schedule "B"
The following rules and regulations are put into effect to keep
Neill-Wycik a safe and comfortable place to live, work and visit.
The laws of the land also apply.
1. (a) Violence toward members, employees or visitors is not
tolerated.
(b) Threats or threatening behaviour or language toward
members, employees or visitors is not tolerated.
(c) Abusive behaviour or language toward members, employees
or visitors is not tolerated.
2. The deliberate destruction or damage of the Co-operative's
property, or the property of any member, employee or visitor
is not tolerated.
4. Any abuse of drugs including alcohol that impedes a member
from carrying out his or her responsibilities is not
tolerated.
5. (a) No member, visitor, or employee of the Co-operative shall
bring into, or cause to be brought into or possess in the
building or on the grounds, any fire arms or restricted
weapons, including collector's or historical pieces, bows and
arrows and hunting knives.
building.
(b) Obj ects shall not be thrown out of any window in the
7. The introduction of pets into the Co-operative is allowed only
(a) Pets, excluding fish and caged domestic animals, are not
allowed to be kept in the multiple units.
(b) Before a pet is brought into a two-person or apartment
unit, the permission of the unitmate must be secured.
(c) The only fur bearing animals allowed in the building are
cats and caged domestic rodents.
(d) No intimidating animals are allowed as pets. This
includes, but is not limited to, spiders and snakes.
(e) The pet owner assumes responsibility for damage caused
by his/her pet or related to the presence of his/her pet.
206
By-law No. 20
Schedule "c"
MAINTENANCE POLICY
1. Each member shall maintain his/her unit in a reasonable state
of cleanliness at all times and shall comply with all
requirements and standards of health authorities and other
authorities respecting standards of cleanliness, maintenance
and safety.
2. Each member shall pay for the repair of damage caused by
his/her wilful or negligent conduct or that of persons
permitted on the property of the co-operative by him/her or
others ioccupying his/her unit.
I
!
3. No mem;ber shall make any alterations or improvements to
his/her room or unit or alter or in any way change the locking
system, without the permission in writing of the Board of
Directors or it's designated committee. At the end of a
member's occupancy of a room or unit, s/he may remove his/her
fixtures provided such removal does not cause a requirement
for repair work to be done on the room or unit.
4. Each member shall report to the Co-operative promptly any
condition in the unit or in its equipment or in the building
which comes to the knowledge of the member and which may cause
deterioration of the unit or building if not corrected.
5. The Co-operative may perform any of the cleaning or other
obligations set out in this schedule if the member responsible
circumstances, and the member shall reimburse the Co-operative
for the costs of such performance.
6. A member may paint their unit provided s/he uses paint
supplied by or purchased from the Co-operative. The Co-
operative reserves the right to designate whether the area to
be is eligible for the paint to be supplied free.
7. Members shall not behave in any way which obstructs the fire
safety:procedures of the building, including insuring that no
object ,in their unit blocks any fire exit.
8. The may restrict the keeping of owned
fridges, stoves or hotplates in rooms or units. The Co-oper-
ative may also restrict where these appliances are located.
9. Each member shall pay a maintenance deposit as stated in
paragraph 9 of this By-law. The Co-operative may deduct money
from this deposit for unreturned keys, rooms or units left in
a dirty condition, damage as stated in section 2 of this
208
BETWEEN:
-and-
-and-
By-law No. 20
Schedule "D"
"unit"), and the Co-operative is the owner of the property, and
occupancy rights to the sUb-occupying member, and the Co-operative
has consented.
19 ____ , and ending , 19 ____ .
2. The co-operative hereby grants temporary sub-occupancy rights
months commencing , 19 ____ , and ending
19
pay to the Co-operative the monthly housing charge of $ or
fully liable for the payment of the housing charge and the
performance of all the obligations of the sub-occupying member.
210
By-law No. 20
Schedule "E"
"Co-operative", and
___ ---:-_______________ , herein referred to as the "sub-
respect to the premises known as unit 96 Gerrard street
19 __
Dated this day of
________ , 19 ___
Per:
212
By-law No. 20
Schedule "G"
Member(s) :
unit:
the Notice;or
breach;
terminated effective , 19 __________ _
day of _________________ , 19 at a meeting of the
Member(s), which Resolution remains in full force and effect
unamended.
Per
214
By-law No. 20
Schedule "I"
agrees to fulfil.
19 __
month day year
1. continued payment of the housing charges for my unit until the
new occupant.
member unit date
Per:
------------------------------------
date received
216
By-law No. 20
Schedule "K"
I Payments
or money order.
respective month.
mi ttee, members who are employed full-time who have
immediately.
payable monthly, and are due on the first day of the
to one member only.
deposit.
(d) In accordance with Schedules "D" and lilli, administrative fees
218
College Inc.
q6 GerrdrJ Street Ont. Ill'lb Ig7
Suzanne Strange
17A2
Thursday, September 22, 1988
To:
From:
About:
Board of Directors
Dave Sterback
Bylaw 9 Revisions
Bylaw 9, Schedule B (Rules and Regulations) number 1a
reads "Violence toward members, employees or visitors is
not tolerated." This may be taken as meaning that
violence shall never be used, even to protect oneself
from assault by others. This is in contravention of the
Canadian Criminal Code, which allows self defense.
I am recommending that 1a be replaced with the following:
Unjustified violence toward members, employees
or visitors is not tolerated. The extent of
justification is limited to the "Defense of
Person" provlslons of the Criminal Code,
sections 34 to 37.
The relevant sections of the Code are attached.
Neill\'0
y
cik Co-operdtive College Inc.
q6Gerrdrd Street EdstTorol]!Q,Ont. m.,b Ig7 (416)Qn-2.52.0
Suzanne Strange
17A2
To:
From:
About:
Board of Directors
Paul Hobin
Bylaws 20 and 21
Friday, September 23, 1988
Enclosed is a new page for Bylaw 20. The change is in
paragraph 40b.
Bylaw 21 is amending Bylaw 1.
1. Paragraph 22 lists the committees which,
accor9ing to the Bylaw, must exist. Currently there are
groups like the Membership Committee and House Committee
listed. So who is going to be brought before the Board
for contravening Bylaw 1, Paragraph 22 by not forming a
House Committee? Clearly, this paragraph is unenforcable
as the committee structure changes according to the whims
of the membership. Out it goes.
2. Paragraph 24 is a full half page long.
Splitting it and numbering the two new halves clarifies
reading.
3. The 21-days notice p r o v ~ s ~ o n for the annual
meeting has been taken as being the required notice for
any general meeting. This is not true. Nowhere in our
bylaws does it say that notice must be 21 days. The Act
requires 10 days, so a sentence has been added to the new
paragraph 25 specifically allowing 10 days notice at the
discretion of the Board to clarify things.
4. Paragraph 27 is in error. Five per cent of the
membership can call a general meeting under section 79
of the Act, not the ten per cent we thought. We cannot
require ten per cent, because the act says five, and the
Act rules.
BYLAW NO. 21
of
1. Paragraph 22 be deleted.
2. Paragraph 24 be entitled "Annual Meeting"
3. The following be removed from paragraph 24 and put in a new
paragraph 25 entitled "Notice for Meetings":
"Notice of the time and place of every member's
meeting, annual or general, shall unless all the
members entitled to notice of the meeting have
waived in writing the notice, be given either by
sending the notice to each member by mail or
telegraph, provided that any meeting of members may
be held at any time and place without such notice
if all the members of the College are present
thereat and at such meeting any business may be
transacted which the College at annual or general
meetings may transact. Notice for meetings other
than the general meeting may be ten days or more,
at the discretion of the Board, as set out in the
Co-operative Corporations Act, Section 75."
4. In paragraph 27 all occurrences of "not less than one-tenth"
be replace by "not less than five per cent".
President Secretary
BYLAW NO. 27
of
A Bylaw to replace Bylaw No. 20
(herein called the "Co-operative") that
Bylaw 20 and amending Bylaw 22 and all other bylaws relating to the
rights and obligations of the Co-operative and its members are
hereby repealed in their entirety and the following sUbstituted
therefore:
A bylaw relating to the rights and
that of providing accommodation to its. members" it is desired to
Profit Co-operative Housing corporations are exempt from part IV of
the Landlord and Tenant Act;
POL 1-1 March 2, 1 9 9 2 ~ '
Article II
3. Membership
set forth in the Membership Policy attached here as Schedule "A"
for membership in the Co-operative. The membership of such persons
shall commence as soon as they are accepted by the Board and not
earlier.
Room/Apartment in the Co-operative, such person shall sign the
occupancy agreement and make all payments required by the bylaws.
The terms of occupancy of Rooms/Apartments in the Co-operative by
members shall be those set out i.n the Charter I Bylaws I Rules and
Regulations, and occupancy agreement of the co-operative. The Co-
the Charter, Bylaws, Rules and Regulations, and occupancy agreement
signed an occupancy agreement).
6. Priority
This bylaw shall have priority over any other bylaw of the Co-
operative and any bylaws, resolutions, or policies previously
provisions of this bylaw. Wherever there is a conflict between
this bylaw and any other bylaw, resolution, policy, agreement or
oral statement of the Co-operative, this bylaw shall govern, except
for a bylaw passed subsequent to this bylaw, which expressly
supersedes this bylaw. No one has any authority to commit the Co-
operative to any term of occupancy or agreement respecting
occupancy, except in accordance with this bylaw.
POL 1-3 March 2, 1 9 9 2 ~
9. Payments
Article III
Housing Charge
Final Month's Housing charge
Maintenance Deposit
Parking Charge
obligations under this bylaw.
All payments shall be made in accordance with Schedule "K"
10. Participation
10. (b) Each member shall unless excused by the Board, give a
m1n1mum of service to the Co-operative, choosing his/her own area
of involvement (other than the maintenance responsibilities
relating to his/her Room/Apartment and/or Unit). If the Co-
operative adopts general policy on participation setting, out
relevant matters in detail, such policy shall be attached to this
bylaw as a schedule.
11. Housing Charge
(a) The housing charge shall be set in accordance with paragraphs
24 through 30 of Bylaw No. 24, and Article IV of this bylaw. It
direct. The housing charge shall include, but is not limited to
the following:
sewage service, insurance on the buildings and Co-operative assets
only, Co-operative administration, repairs and maintenance,
reserves, contingencies, and other items duly approved by the
Board.
POL 1-5 March 2, 1992'"
17. All Charges are Housing Charges
(a) All charges, including those referred to in paragraph 16
(Addi tional Charges), which may become due and payable will be
deemed to be rent and to be housing charges and the remedies
available to the co-operative for dealing with a failure to pay
rent or housing charges will apply to a failure to pay any of them.
Failure to pay any charges will be considered a failure to pay rent
under the provisions of The Landlord and Tenant Act.
(b) The acceptance of housing charges or any other payments by the
Co-operative subsequent to any default in payment of housing
charges or any other default by the member will not be deemed to be
a waiver of the default, whether or not the Co-operative had
knowledge of the default at the time of the acceptance of the
payment. No payment by the member, or receipt by the Co-operative,
of any housing charges or any other sum from the member, nor any
endorsement or statement on any cheque or letter accompanying
payment, nor any other statement will be deemed to be an "accord
and satisfaction" or operate as a waiver or be deemed to waive any
of the Co-operative's rights with respect to the amount actually
owing. The Co-operative may, with or without notice to the member,
accept such cheque or payment without prejudice to its rights to
recover the balance actually owing or to pursue any other remedy
available to it.
POL I-7 March 2, 1 9 9 2 ~
22 .. (continued) hereto attached as Schedule "B". The Rules and
Regulations of the Co-operative may be amended from time to time by
the Board of Directors to reflect the specific needs and concerns
of the Co-operative and its members. They shall be observed by all
members and the Co-operative. Failure to comply may result in
termination and/or non-renewal of occupancy rights.
23. Privacy
(a) The co-operative or anyone on its behalf shall not enter any
member's Room/Apartment without the member's permission except in
the case of emergency or except as set out in subparagraph (b).
each Room/Apartment on twenty-four hours written notice for a
regular maintenance inspection, and for any special inspections for
policy or appraisal of the Co-operative property, or for such other
reason as the Board'may determine. The del1very of the notice to
the door of the Unit/Apartment or to the Unit/Apartment mailbox
shall be deemed sufficient method of delivery to the Rooms in that
unit or to that Apartment.
Each member shall observe the maintenance responsibili ties with
respect to his/her Room/Apartment and Unit, and the common elements
of the Co-operative as set out in the Maintenance Policy attached
to this bylaw as Schedule "c".'
25. Acts of Others
Members will be responsible for the acts, omissions and behaviour
of their 'household, guests or sub-occupants and all person invited
or,permitted into the Unit, common elements or other property of
the Co-operative by the member, their household, guests or sub-
occupants. Members will be liable if any such person does any act
or omits to do any act which, if done or omitted by a member,
whould be considered a default under the bylaws of the Co-
operative. The member will be required to pay any damages and may
have his or her occupancy rights terminated as if the act or
omission had been done or omitted by the member personally.
POL 1-9 March 2, 1992"
28. (d) For a period of up to three months after the fire or
casualty, the member shall be able to occupy any vacant Room in the
Co-operative on an emergency basis paying the lesser of the charges
applicable to such Room or the damaged Room/Apartment.
(e) If any member loses his/her right to occupancy under this
paragraph, s/he shall have priority on the internal waiting list
until suitable accomodation is offered to him/her. Thereafter s/he
shall be deleted from the list.
POL 1-11 March 2, 1 9 9 ~ : -
34. Sub-Occupancy
for a period of not more than four months may sublet his/her
Room/Apartment, but only on the terms of the Sub-Occupancy
Agreement attached hereto as Schedule "D". Prior to the
commencement of any term of sub-occupancy, the member and all sub-
occupants shall sign and deliver to the Co-operative a Sub-
Occupancy Agreement, in the form attached hereto as Schedule "D"
and an Agreement by the sub-occupants to terminate in the form
at.tached hereto as Schedule "Ell. A member wishing to sublet must
inform the Co-operative of his/her desire in writing, in the form
of Schedule IIJ".
operative.
35. No Profit
No member may profit on surrender of his/her occupancy rights or
member occupying the Room/Apartment.
In order to control occupancy of the Co-operative's units and to
prevent a profit to any member on surrender of a Unit, the Co-
operative will be considered to be acting reasonably in withholding
its consent to any assigning, sub-letting, parting with possession
of or disposing of a unit if it refuses consent where the proposed
transaction would be in favour of a non-member or would violate any
provision established by the Co-operative in relation to waiting
lists or any other provision of the Co-operative's bylaws.
37. Principal Residence
A Unit allocated to a member must be used as his or her principal
residence. The Board may proceed to terminate the member's
occupancy rights under Article 9 (Termination of Occupancy by Co-
op) if the Board determines that the. unit is not the member's
principal residence.
POL 1-13 March 2, 1997
Article VIII
39. Notice Required
member's right to occupy his/her Room/Apartment shall terminate at
the end of the notice period. For all members moving outside the
Co-operative, such notice will be in the form of Schedule (I).
Once a member has given such notice, the notice may not be
withdrawn without the consent of the Board or its delegate. The
Board will not be obliged to permit members to withdraw the notice
and the decision of the Board to refuse to allow members to
withdraw notice will not be subject to appeal toa general meeting
of members.
(b) until the notice period expires, the member's occupancy rights
and obligations will remain in full force and effect. Upon the
expiration of the notice period, if the member vacates the
Room/Apartment in accordance with the notice, his/her obligations
to the Co-operative will end, excepting any outstanding obligations
to the Co-operative existing on that date which shall continue
until paid or fulfilled.
(c) If the member fails to vacate the Room/Apartment at the end of
the notice period, the Co-operative may apply for a writ of
possession and take any other action the Board may consider
appropriate against the member without the necessity of following
the" provisions of paragraphs 40 (Termination on Default), 41
(Procedure for Terminating Occupancy), and 42 (Right of Appeal).
POL 1-15 March 2, 1992"
41.(b) If the Board is of the opinion that one of the causes set
out in paragraph 40 exists, and the member has not remedied or
a repeated breach, the occupancy rights (but not the membership) of
the member may be terminated by resolution passed by a majority of
those present and voting at the meeting. Such resolution may be in
the form attached hereto as Schedule "G". Such termination of
the member's Unit or Apartment normally within two days following
the meeting of the Board (and whether or not a resolution referred
to in subparagraph (d) has been passed). Such notice may be in the
form attached hereto as Schedule "H".
42. Right of Appeal
charges.
Section 75, or put the matter on the agenda for the next members'
meeting.
POL I-17 March 2, 1992-
45. Applicability of Bylaw
Notwithstanding the provisions of section 18 (1) ,of The Landlord and
Tenant Act (respecting re-entry of a unit without judicial
proceedings), the co-operative will have no right to terminate the
occupancy rights of a member or to re-enter a unit unless it has
adhered to the provisions of 'its bylaws.
POL I-19 March 2, 199Z
49. Subordination
Article XI
MISCELLANEOUS
(a) The rights granted to members in this bylaw shall be subject
the Co-operative's property or those which may be duly entered into
(b) The co-operative and each and every officer and future officer
are hereby appointed the irrevocable attorney of each member for
the purposes of executing any document necessary or desirable under
paragraph 49(a).
50. Time
Time will be of the essence of this bylaw. Accordingly, in the
performance of their duties to each other by the co-oprative and
members, all time provisions must be strictly observed, except as
otherwise provided in this bylaw.
respect to any matter dealt with in this bylaw or in any of the
bylaws of the Co-operative will invalidate any decision made by the
Board or members, if there has been substantial compliance with the
provisions of this bylaw and if no injustice results. Any member
may waive, in writing or by conduct, any defect in procedure with
respect to any matter dealt with in this bylaw.
If any clause or provision of this bylaw or any bylpw of the Co-
operative affecting the occupancy rights of members shall be
adjudged invalid, the same shall not affect the validity of any
other clause or provision of this bylaw or any agreement with any
member pursuant to this bylaw, or constitute any cause or action in
favour ~ f the Co-operative or any member. No failure by the Co-
operative to enforce any of its rights, and no condoning or waiver
of any particular breach or default, shall operate to prevent the
Co-operative from insisting on its rights with respect to any other
or continued breach or default.
POL 1-21 March 2, 1 9 9 2 ~
Bylaw No. 27
Schedule "A"
MEMBERSHIP POLICY
The Co-operative has been built and operated to provide housing for
full-time post-secondary students. It is a condition of the Co-
operative that at least 60% of members and 60% of occupants of
Neill-Wycik Co-op College Corp. be full-time or part-time students,
effective each September 1st. It is a condition of admission to
membership and allocation of a unit in the co-op that a person be
a full-time student at a post-secondary institution and may be
required to provide proof of their status at the time that they
move into the co-op.
in accordance with paragraph 10, Bylaw 27.
3. Member must conduct him/herself in accordance with paragraph
22 and the Rules and Regulations as prescribed in Schedule
"B", Bylaw 27.
in good standing" may affect his/her options in regards to
occupancy agreement renewal and priority on internal waiting list
for transfer to another Room/Apartment.
maintain a waiting list of members occupying Rooms/Apartments in
the co-op who have indicated a desire to change their
Room/Apartment. As suitable Rooms/Apartments become available
priority shall normally be given to persons on the internal waiting
list in accordance with the Membership Policy, but the Board or its
delegate may either depart from the order on the internal waiting
list or the external waiting list or give a particular person on
the external waiting list priority over a member on the internal
waiting list, if s/he feels there is good reason to do so (subject
to appeal, in the case of a member, to the Board).
POL 1-23 March 2, 1 9 9 2 ' ~
In accordance with paragraph 49 a member who surrenders his/her
occupancy rights must state in writing at the time of giving notice
his/her intention to maintain membership for that membership year,
if so desired by the member.
Be it noted that, contrary to any provision which is stated here or
any amendment which may be added later, that the provisions of
Bylaw No. 24, paragraph 3, "namely: "There shall be no political,
the Co-operative", shall prevail and take precedence.
POL I-25 March 2, 1992:""
(f) cats must be inoculated against enteritis. Inoculation
(h) Pets are not allowed to wander unattended in the building
or on the grounds ..
animal wastes.
(j) Endangered species, both plants and animals, are not
permitted on Neill-Wycik property.
8. city bylaws relating to smoking in public areas shall apply.
areas.
outlined in paragraph 31 of this bylaw.
extinguisher for reasons other than extinguishing a f i r e ~
POL 1-27 March 2, 1992'
fridges, stoves or hotplates in Rooms/Apartments.," The
Co-operative may also restrict where these appliances are
located.
9. Each member shall pay a mai"ntenance deposit as stated in
paragraph 9 of this bylaw". The Co-operative may deduct money
from this deposit for unreturned keys, Rooms/Apartments or
Units left in a dirty condition, damage as stated in section
2 of this Schedule or any unreasonable wear and tear to their
Room/Apartment or unit or the furnishings of the Co-operative.
POL 1-29 March 2, 1992-
and vacate the Room/Apartment at the end of term as set out above.
No extension or change in the term shall be permitted without the
consent in writing of the Co-operative.
6. If the Occupancy rights of the Member in the Co-operative are
terminated, or if the Member resigns from membership or his/her
membership rights are terminated, the term of his/her Sub-Occupancy
termination shall relieve the Member of his/her obligations during
the original term of this Agreement or so long as the Sub-occupying
Member remains in possession of the Room/Apartment.
Terminate so that the Co-operative may regain possession at the end
of the term.
Dated At
__________________ , this
day of 19
Per:
Member
POL I-31 March 2, 1 9 9 ~
To:
Room/Apartment:
Address:
Bylaw No. 27
Schedule "F"
NOTICE TO MEMBER
Take notice that it is alleged that you have committed the
following breach of the Articles, Bylaws, Regulations or
Resolutions of the Co-operative and/or of your occupancy agreement:
contrary of paragraph of Bylaw 27.
set for the
DATE:
TIME:
PLACE:
in the City of Toronto at which to consider a motion to
terminate your occupancy rights with respect to at 96
Gerrard street East, in the City of Toronto.
or counselor both.
Dated this day of
19 __ _
Neill-Wycik co-operative College Inc.
Per
POL 1-33 March 2, 1 9 9 2 ~ '
To:
Room/Apartment:
Address:
Bylaw No. 27
Schedule "H"
NOTICE TO QUIT
Take notice that at a meeting of the Board of Directors held on the
day of
, 19 , in the City of Toronto,
occupancy rights in the Co-operative were terminated effective on
the
day of
, 19 ____ .
Dated this
day of 19 __ __
Per:
POL "I-35
March 2, 1992'-
Bylaw No. 27
Schedule IIJII
REQUEST TO GRANT TEMPORARY SUB-OCCUPANCY RIGHTS
I/We the undersigned member(s) request permission to grant
temporary sub-occupancy rights for the Room/Apartment ______ , for
which I/we hold the occupancy rights.
I/We further attest that my/our absence from residency in the Co-
operative will be no longer than four (4) months, and that such
absence will not extend past the period of expiration of the
occupancy agreement mentioned herein.
I/We also agree to complete a Sub-Occupancy agreement and to pay to
the Co-operative an administration fee of $ ________ _
tape only.
the co-operative.
Date of commencement of temporary SUb-occupancy:
Date of cessation of temporary SUb-occupancy:
Member(s) Signature Date
Per:
Name and position Date
POL 1-37 March 2, 199:it
(e) In accordance with Article III, paragraph 13, parking payments
preceding month.
II Arrears
(a) Arrears are any amounts owed to the Co-operative that have not
been received when due. This includes, but is not limited to,
maintenance deposits ..
(b) In accordance with Article III, paragraph 17, all service
charges levied against the Co-operative as a result of a
member's cheque being returned by a financial institution will
be paid by the member. In addition, the member will be
considered to be in arrears until such time as the cheque is
replaced and the service charge is paid. When a member has
had two cheques returned, payments must be made by certified
cheque or money order for a period of one year.
(c) Room/Apartment transfers are not allowed to members in arrears
unless authorized by the Board or Rental Arrears Committee to
reduce arrears.
(e) Directors or members of a Committee who are in arrears will be
issues of arrears policy or individual arrears cases,
including evictions.
College:
per
Date
POL 1-39
March 10, 199b
BYLAW NO. 27
of ~
(As amended by By-Law 28)
CONSOLIDATION FOR CONVENIENCE PURPOSES ONLY
'(herein called the "Co-operati veil) that
Bylaw 20 and amending Bylaw 22 and all other bylaws relating to the
rights and obligations of the Co-operative and its members are
hereby repealed in their entirety and the following substituted
therefore:
A bylaw relating to the rights and
Profit Co-operative Housing corporations are exempt from part IV of
The Landlord and Tenant Act;
POL A - 16
November 24, 1992
Article II
3. Membership
earlier.
Room/ Apartment in the Co-operative, such person shall sign the
occupancy agreement and make all payments required by the bylaws.
The terms of occupancy of Rooms/Apartments in the Co-operative by
members shall be those set out in the Charter, Bylaws, Rules and
the Charter, Bylaws, Rules and Regulations, and occupancy agreement
signed an occupancy agreement).
6. priority
This bylaw shall have priority over any other bylaw of the co-
operative and any bylaws, resolutions, or policies previously
provisions of this bylaw. Wherever there is a conflict between
this bylaw and any other bylaw, resolution, policy, agreement or
oral statement of the Co-operative, this bylaw shall govern, except
for a bylaw passed subsequent to this bylaw, which expressly
supersedes this bylaw. No one has any authority to commit the Co-
operative to any term. of occupancy or agreement respecting
occupancy, except in accordance with this bylaw.
POL A - 18
November 24, 1992
9. Payments
Article III
Housing Charge
Maintenance Deposit
Parking Charge
obligations under this bylaw.
All payments shall be made in accordance with Schedule "K"
10. participation
10. (b) Each member shall unless excused by the Board, give a
minimum of service to the Co-operative, choosing his/her own area
of involvement (other than the maintenance responsibilities
relating to his/her Room/Apartment and/or Unit). If the Co-
operative adopts general policy on participation setting out
relevant matters in detail, such policy shall be attached to this
bylaw as a schedule.
11. Housing Charge
(a) The housing charge shall be set in accordance with paragraphs
24 through 30 of Bylaw No. 24, and Article IV of this bylaw. It
direct. The housing charge shall include, but is not limited to
the following:
reserves, contingencies ,and other items duly approved by the
Board.
POL A - 20
November 24, 1992
17. All charges are Housing Charges
(a) All charges, including those referred to in paragraph 16
(Additional Charges), which may become due and payable will be
deemed to be rent and to be housing charges and the remedies
available to the Co-operative for dealing with a failure to pay
rent or housing charges will apply to a failure to pay any of them.
Failure to pay any charges will be considered a failure to pay rent
under the provisions of The Landlord and Tenant Act.
(b) The acceptance of housing charges or any other payments by the
Co-operative subsequent to any default in payment of housing
charges or any other default by the member will not be deemed to be
a waiver of the defaul t, . whether or not the Co-operative had
knowledge of the default at the time of the acceptance of the
payment. No payment by the member, or receipt by the Co-operative,
of any housing charges or any other sum from the member, nor any
endorsement or statement on any cheque or letter accompanying
payment, nor any other statement will be deemed to be an "accord
and satisfaction" or operate as a waiver or be deemed to waive any
of the Co-operative's rights with respect to the amount actually
owing. The Co-operative may, with or without notice to the member,
accept such cheque or payment without prejudice to its rights to
recover the balance actually owing or to pursue any other remedy
available to it.
POL A - 22
November 24, 1992
22. Nui.sance/Rules and Regulations
interfere with the enjoyment of other members, molest, annoy or
harass other members, nor shall they commit or suffer any illegal
acts to be committed within the or unit or on the
common elements. The Rules and Regulations of the Co-operative are
hereto attached as Schedule "B". The Rules and Regulations of the
Co-operative may be amended from time to time by the Board of
Directors to reflect the specific needs and concerns of the Co-
operative and its members. They shall be observed by all members
and the Co-operative. Failure to comply may result in termination
and/or non-renewal of occupancy rights.
23. privacy
member's Room/Apartment without the member's permission except in
the case of emergency or except as set out in subparagraph (b).
each Room/Apartment on twenty-four hours written notice for a
regular maintenance inspection, and for any special inspections for
policy or appraisal of the Co-operative property, or for such other
reason as the Boardmay determine. The delivery of the notice to
the door of the Unit/Apartment or to the Unit/Apartment mailbox
shall be deemed sufficient method of delivery to the Rooms in that
unit or to that Apartment.
respect to his/her Room/Apartment and Unit, and the common elements
of the Co-operative as set out in the Maintenance Policy attached
to this bylaw as Schedule "C".
POL A - 24
November 24, 1992
Article VI
Allotment of Rooms/Apartments
In allotting Rooms/Apartments to new members and changing
Rooms/Apartments within the co-operative, the Board or its
designate shall act in accordance with the membership policy
attached hereto as Schedule "A".
Rooms/Apartments of the Co-operative who have indicated a desire to
change their Rooms/Apartments. As sui table Rooms/Apartments become
available, priority shall normally be given to persons on the
internal waiting list in accordance with the Membership Policy,
(attached as Schedule "A") but the Board or its delegate may either
list priority over a member on the internal waiting list, if s/he
28. Damage by Fire
(a) If any Room/Apartment in the Co-operative is damaged by fire
or other casualty and such damage is minor, the Room/Apartment
shall be repaired by the Co-operative as quickly as possible and
there will be no reduction in housing charges.
it is not desirable to repair the Room/Apartment or the building in
which it is situated, then the member's right to occupy the
Room/Apartment shall be terminated and charges shall cease
effective the day of the fire or casualty.
(c) If the damage is such that the Room/Apartment is no longer
habitable, but the Co-operative ,intends to repair the
Room/Apartment, then the member's right to occupy the
member shall have a further right to reoccupy the damaged
Room/Apartment when it is repaired, unless in the meantime s/he has
elected to accept another Room/Apartment.
POL A - 26
November 24, 1992
29. No strangers
Article VII
When a Room/Apartment has been allocated to a member or members, no
person other than the member or members may occupy the
Room/Apartment except as provided in this Article.
Persons under sixteen years of age may occupy an Apartment as part
of a member's household. When any such person turns sixteen, s/he
shall apply for membership in the Co-operative, and if accepted,
shall sign an occupancy agreement. If not accepted, s/he may
continue to reside with his/her family and the members occupying
such Apartment shall continue to be responsible for his/her
31. Guests
No member shall have any guests in his/her Room/Apartment or in any
common area, without consent of the unitmates, such consent not to
be unreasonably withheld. No guest shall stay for more than an
occupy the Room or unit or Apartment on such a date as the Board or
its delegate may determine and any continued occupancy after that
date shall be considered a default by the members occupying the
Room/Apartment.
Room/ Apartment with him/her unless such person has applied for
membership in the Co-operative and been accepted and allocated the
Room/Apartment on a sharing basis. If accepted, such person must
sign the occupancy agreement.
33. No Assignment
No member may
Room/Apartment.
assign his/her right
POL A - 28
to occupy his/her
November 24, 1992
38. commercial Tenants
If the Co-operative has any tenants occupying any property owned by
it for other than residential purposes, this bylaw will not apply
to the relationship with them, and the relationship will be
governed by whatever lease or tenancy agreement has been entered
into between them and the Co-operative.
POL A - 30
November 24, 1992
39.2 (continued)
(b) Where a member's right of occupancy in the Co-operative has
been terminated by notice from the member, the member must vacate
his/her Room/Apartment on the date specified in the notice.
(c) If the member fails to vacate the Room-Apartment, the
Co-operative may re-enter, regain possession and change the locks
or, in the discretion of the Board of Directors may apply for a
writ of possession, and the Co-operative may take any action
against the member that the Board of Directors considers
appropriate. The Co-operative need not follow the provisions of
paragraph 40 (Termination on Default), paragraph 41 (Procedure for
Termination Occupancy) and paragraph 42 (Right of Appeal).
POL A - 32
November 24, 1992
41. (b) If the Board is of the op1n1on that one of the causes set
out in paragraph 40 exists, and the member has not remedied or
a repeated breach, the occupancy rights (but not the membership) of
the member may be terminated by resolution passed by 'a majority of
those present and voting at the meeting. Such resolution may be in
the form attached hereto as Schedule "G". Such termination of
the member's unit or Apartment normally within two days following
the meeting of the Board (and whether or not a resolution referred
to in subparagraph (d) has been passed). Such notice may be in the
form attached hereto as Schedule "H".
42. Right of Appeal
charges.
days or more as set out in The Co-operative corporations Act,
meeting.
POL A - 34
November 24, 1992
45. Applicability of Bylaw
Notwithstanding the provisions of section 18 (1) of The Landlord and
Tenant Act (respecting re-entry of a unit without judicial
proceedings), the Co-operative will have no right to terminate the
occupancy rights of a member or to re-enter a unit unless it has
adhered to the provisions of its bylaws.
POL A - 36
November 24, 1992
49. Subordination
Article XI
MISCELLANEOUS
(a) The rights granted to members in this bylaw shall be subject
(b) The Co-operative and each and every officer and future officer
paragraph 49(a).
50. Time
Time will be of the essence of this bylaw. Accordingly, in the
performance of their duties to each other by the Co-oprative and
members, all time provisions must be strictly observed, except as
otherwise provided in this bylaw.
respect to any matter dealt with in this bylaw or in any of the
bylaws of the Co-operative will invalidate any decision made by the
Board or members, if there has been sUbstantial compliance with the
provisions of this bylaw and if no injustice results. Any member
respect to any matter dealt with in this bylaw.
If any clause or provision of this bylaw or any bylaw of the Co-
operati ve affecting the occupancy rights of members shall be
other clause or provision of this bylaw or any agreement with any
member pursuant to this bylaw, or constitute any cause or action in
favour of the Co-operative or any member. No failure by the Co-
or continued breach or default. .
POL A - 38
November 24, 1992
Bylaw No. 27
Schedule "A"
MEMBERSHIP POLICY
The Co-operative has been built and operated to provide housing for
full-time post-secondary students. It is a condition of the Co-
operative that at least 60% of members and 60% of occupants of
Neill-Wycik Co-op college Corp. be full-time or part-time students,
e f f ~ c t i v e each September 1st. It is a condition of admission to
membership and allocation of a unit in the co-op that a person be
a full-time student at a post-secondary institution and may be
required to provide proof of their status at the time that they
move into the co-op.
in accordance with paragraph 10, Bylaw 27.
3. Member must conduct him/herself in accordance with paragraph
"B", Bylaw 27.
in good. standing" may affect his/her options in regards to
occupancy agreement renewal and priority on internal waiting list
for transfer to another Room/Apartment.
maintain a waiting list of members occupying Rooms/Apartments in
the co-op who have indicated a desire to change their
Room/Apartment. As suitable Rooms/Apartments become available
priority shall normally be given to persons on the internal waiting
list in accordance with the Membership Policy, but the Board or its
delegate may either depart from the order on the internal waiting
list or the external waiting list or give a particular person on
the external waiting list priority over a member on the internal
waiting list, if s/he feels there is good reason to do so (subject
to appeal, in the case of a member, to the Board).
POL A - 40
November 24, 1992
External Waiting List
The Co-operative will not knowingly place people on the waiting
list if they are not expecting to have full-time student status on
their expected occupancy commencement date.
Priority on the external waiting list is determined by:
1. Length of absence from co-op. The most recent resident of
a Room/Apartment has first option to renew the occupancy
agreement.
2. Date of application. Applications for September must be
recei ved by the date determined by the Board to maintain
priority status as a returning member.
2. Out of province students may be given preference based on
direction of the Board.
Only members who have previously had occupancy rights in. the co-op
To retain membership status, the member must make applicatio,n
In accordance with paragraph 49 a member who surrenders his/her
occupancy rights must state in writing at the time of giving notice
his/her intention to maintain membership for that membership year,
if so desired by the member.
Be it noted that, contrary to any provision which is stated here or
any amendment which may be added later, that the provisions of
Bylaw No. 24, paragraph 3, namely: "There shall be no political,
POL A - 42
November 24, 1992
7. (e) The pet owner assumes responsibility for damage caused by
his/her pet or related to the presence of his/her p e t ~
(h) Pets are not allowed to wander unattended in the building
(or on the grounds.
animal wastes.
(j) Endangered species, both plants and animals, are not
permitted on Neill-Wycik property.
areas.
extinguisher for reasons other than extinguishing a fire,
POL A - 44
November 24, 1992
8. The Co-operative may restrict the keeping of non-co-op owned
fridges, stoves or hotplates in Rooms/Apartments.' The
Co-operative may also restrict where these applicmces are
located.
paragraph 9 of this bylaw. The Co-operative may deduct money
from this deposit for unreturned keys, Rooms/Apartments or
units left in a dirty condition, damage as stated in section
2 of this Schedule or any unreasonable wear and tear to their
Room/Apartment or unit or the furnishings of the Co-operative.
POL A - 46
November 24, 1992
5. The sub-occupying Member agrees to terminate his/her occupancy
and vacate the Room/Apartment at the end of term as set out above.
No extension or change in the term shall be permitted without the
Member remains in possession of the Room/Apartment.
Terminate so that the Co-operative may regain possession at the end
of the term.
Dated At
_________________ , this
day of
________ , 19 __ __
Per:
Member
POL A - 48
November 24, 1992
Bylaw No. 27 - Schedule "F"
NOTICE TO MEMBER
To:
Room/Apartment:
Address:
following breach of the Articles, Bylaws, Regulations or
Resolutions of the Co-operative and/ or of your occupancy agreement:
contrary of paragraph __________ _ of Bylaw 27 (as amended by Bylaw
28)
set for the
DATE:
TIME:
PLACE:
in the city of Toronto at which to consider a motion to
terminate your occupancy rights with respect to at 96
Gerrard Street East, in the city of Toronto.
or counselor both.
or defaul t aforesaid if it is capable of remedy, or to make
Dated this day of
_______________ , 19 ____ __
Per
POL A-50
November 24, 1992
To:
Room/Apartment:
Address:
Bylaw No. 27
Schedule "H"
NOTICE TO QUIT
day of , 19 , in the city of Toronto,
the day of 19
Dated this day of
___________ , 19 __ __
Per:
POL A-52
November 24, 1992
Bylaw No. 27
Schedule "J"
I/We the undersigned member(s) request permission to grant
temporary sub-occupancy rights for the Room/Apartment ______ , for
which I/we hold the occupancy rights.
occupancy agreement mentioned here.in.
I/We also agree to complete a Sub-Occupancy agreement and to pay to
the co-operative an administration fee of $ ________ _
tape only.
the co-operative.
Date of commencement of temporary SUb-occupancy:
Date of cessation of temporary SUb-occupancy:
Per:
Name and position Date
POL A-54
November 24, 1992
'.
(e) In accordance with Article III, paragraph 13, parking payments
preceding month.
II Arrears
(a) Arrears are any amounts owed to the Co-operative that have not
been recei ved when due. This includes, but is not limited to,
(b) In accordance with Article III, paragraph 17, all service
charges levied against the Co-operative as a result of a
replaced and the service charge is paid. When a member has
had two cheques returned, payments must be made by certified
cheque or money order for a period of one year.
(c) Room/Apartment transfers are not allowed to members in arrears
unless authorized by the Board or Rental Arrears committee to
reduce arrears.
(e) Directors or members of a Committee who are in arrears will be
issues of arrears policy or individual arrears cases,
POL A-56
November 24, 1992
BY-LAW No. 28
A By-law to amend the Occupancy By-law
(By-law No. 27) of
(the "Co-operative ").
WHEREAS the Co-operative repealed and re-enacted an Occupancy By-law (By-law No. 27) on
November 13, 1991;
AND WHEREAS it is desired to amend the Occupancy By-law so that the board of directors has
a discretion to regain possession of a member's unit without first obtaining a writ of possession;
THEREFORE, the following is hereby enacted as . a By-law of the Co-operative amending the
Occupancy By-law (By-law No. 27):
1. Article VIII (Termination of Occupancy by Member) is amended by adding a new Paragraph 39
.at the beginning to read as follows:
39. Expiry of Occupancy Agreement
(a) The right of occupancy in the Co-operative of a member with
a fixed term occupancy agreement expires on the expiry date specified
in the occupancy agreement, unless the member has applied for a
renewal in accordance with the policies and procedures of the
Co-operative and the has agreed to the renewal in writing.
(b) The board of directors or the Executive Committee of the
Co-operative may reject an application for renewal if it is satisfied that
such rejection is in the best interests of the Co-operative.
2. The existing Paragraph 39 (Notice Required) is renumbered as Paragraph 39.1.
3. The existing Subparagraph 39(c) is deleted and replaced by a new Paragraph 39.2 to read as
follows:
39.2. Failure to Vacate
(a) Where a member's right of occupancy in the Co-operative has
expired and has not been renewed, the member must vacate his/her
Room/Apartment on the expiry date specified in the member's
occupancy agreement.
been terminated by notice from the member, the member must vacate
(c) If the member fails to vacate the Room/Apartment, the
Co-operative may re-enter, regain possession and change the locks or,
in the discretion of the board of directors may apply for a writ of
possession, and the Co-operative may take any other action against the
member that the board of directors considers appropriate. The
BY-LAW No. 28
A By-law to amend the Occupancy By-law
(By-law No. 27) of
Neill-l\Ycik Co-operative College Inc.
(the "Co-operative It).
WHEREAS the Co-operative repealed and re-enacted an Occupancy By-law (By-law No. 27) .on
November 13, 1991; ,
AND WHEREAS it is desired to amend the Occupancy By-law so that the board of directors has
a discretion to regain possession of a member's unit without first obtaining a writ Qf possession; ..
THEREFORE, the following is hereby enacted as a By-law of the Co-operative amending the
Occupancy By-law (By-law No. 27):
1. Article VIII (Termination of Occupancy by Member) is amended by adding a new Paragraph 39
at the beginning to read as follows:
(a) The right of occupancy in the Co-operative of a member with
a fixed term occupancy agreement expires on the expiry date specified
in the occupancy agreement, unless the member has applied for a t:'
renewal in accordance with the policies and procedures of the
Co-operative and the Co-operative has agreed to the renewal in writing.
(b) The board of directors or the Executive Committee of the
Co-operative may reject an application for renewal if it is satisfied that
such rejection is in the best interests of the Co-operative. .
2. The existing Paragraph 39 (Notice Required) is renumbered as Paragraph 39.1.
3. The existing Subparagraph 39(c) is deleted and replaced by a new Paragraph. 39.2 to read as
follows: .
39.2. Failure to Vacate
occupancy agreement.
. been terminated by notice. from the member, the member must vacate
(c) If the member .fails to vacate the Room/Apartment, the
Co-operative may re-enter, regain possession and change t h ~ locks or,
in the discretion of the board of directors may apply for a writ of
possession, and the Co-operative may take any other action against the
member that the board of directors considers appropriate. The
I NeillWycik College
qo Clt'rrclrcl Edst, loront() n)i)b 1m (4Ib)Qn-2.')2.0
/
9
OCCUPANCY BY-LAW
PASSED BY THE BOARD - AUGUST 29, 1979
CONFIRMED BY THE MEMBERS - NOVEMBER 14, 1979
AS BY:
BY-LAW NO. 12
BY-LAW NO. 13
8Y-LAW NO. 14
BY-LAW NO. 17
BY -LAW NO. 18
THIS CONSOLIDATION OF BY-LAW NO.9
IS PREPARED FOR CONVENIENCE ONLY
(October 1983)
ARTICLE VII - OCCUPANCY BY MEMBERS (conit)
33. No Assignment
34. Sub-Occupancy
35. No Profit
ARTICLE VIII - TERMINATION OF OCCUPANCY BY MEMBER
37. Notice Required
ARTICLE IX - TERMINATION OF OCCUPANCY BY CO-OP
42. Right of Appeal
44. Abandonment
ARTICLE X - WITHDRAWAL FROM MEMBERSHIP
45. No Withdrawal without Terminating Occupancy
47. Abandonment
49. Expulsion From Membership
50. Subordination
51. Subordination
52. Time
55. Policies
SCHEDULES
A - MEMBERSHIP POLICY
B - RULES AND REGULATIONS
C - MAINTENANCE POLICY
D - SUB-OCCUPANCY AGREEMENT
E - AGREEMENT TO TERMINATE A SUB-OCCUPANCY
F - NOTICE TO MEMBER
G - BOARD OF DIRECTORS RESOLUTION TERMINATING OCCUPANCY RIGHTS
H - NOTICE TO QUIT
I - MEMORANDUM OF AGREEMENT (EXTERNAL)
J - MEMORANDUM OF AGREEMENT (INTERNAL)
K - REQUEST TO GRANT SUS-OCCUPANCY RIGHTS
L - PAYMENT & ARREARS POLICY
5. Terms of'Occupancl.
The terms of occupancy of Units of housing in the College by
members shall be those set out in the Charter, By-laws, Rules
and Regulations, and Occupancy the College. The
College, ,its officers and members snaIl observe all the terms
of the Charter, By-laws, Rules and Regulations, and Occupancy
Agreement and be bound thereby (Whether or not any particular
member has signed an Occupancy Agreement.)
6. Priority
This B'y-law shall have priority over any other By-law of the
College and any By-laws, resolutions, or policies previously
provisions of this By-law. Wherever there is a confilict between
this By-law and any other By-law, Resolution, policy, agreement
or oral statement of the College, this By-law shall govern.
No one has any authority to commit the College to any term of
occupancy 0 ,-agreement respecting occupancy, except in accordance
with this By-law.
This By-law shall apply to all occupants of the College who
are members (herein after called "resident members"). If the
College has any commercial tenants, or residential tenants who
are not members, the relationship between the College and such
persons shall be on the basis of leases or contractual arrange-
ments entered into bet'ween them and the College, with the
approval of the Board. In granting such leases, dealing with
such persons, or terminating their relationship with the College,
the Board shall act in accordance with the applicable sections
of the landlord and Tenant Act and shall not be obliged to
follow the procedure set out in this By-law with respect to
resident members.
such room with him, and to the use in common with other members
of the common facilities applicable to his Unit.
\
If a parking apace is allocated to a member, the member shall
pay the applicable charge in the such manner and at"such place
as the Board may direct. .. .
Each member shall pay to the College prior to moving into his
Unit an amount equal to his final month's housing charge.
The final month's housing charges may be applied to the last
month of residence of the member, providing the member has
given the College due notice in accordance with the By-law,
and does not owe any money to the College. Otherwise, the
final month's charges may be set off by the College against
. .
14. Adjustment of rimal Month's Charges
If there is any change in the monthly housing charges, each
member shall pay sny additional amount required to bring his
final month's charges up to the current amounts. If there
has been a reduction in charges, the College shall credit each
member with the difference or pay the difference to each
member. The final month's charges shall not bear interest.
15. Separate School Support.
If there is any change in municipal taxes as a result of a
member being assess as a Separate School supporter, there shall
be a corresponding change in the charges for that year with
respect to the member's Unit.
(a) If, as a result of the activities of any member, whether
or not there is a breach of this By-law, the College becomes
liable for any additional taxes, charges or expenses, the
member shall pay such taxes, charges or expenses to the College
on demand. Such charges shall include returned cheque charges,
collection charges, and legal fee. , as between a solicitor
and his own client. If such tax, charge or expense is a regular
recurring payment, the member's monthly housing charge shall
be adjusted accordingly.
(b) A member shall pay all fines which may be levied against
him in accordance with the By-laws or the Schedules to the
By-laws.
)
22. Nuisance
interfere with the enjoyment of other members,. not:. shall they
commit or permit any nuisance or any disturbance that
would unduly disturb other members, shall they commit or
suffer any illegal acts to be commited with the Unit or on
the common elements. Guide lines for behaviour are found in
the rules and regulations, here to attached as schedule "B".
The Rules and Regulations of the College shall be the Rules
and Regulations set out in Schedule "b" hereto. They may be
amended from time to time by the Board of Directors to reflect
the specific needs and concerns of the College and its members.
They shall be observed by all members snd the College.
24. Privacx
member's Unit without the member's permission except in the
case of emergency and except as set out in subparagraph (b).
(b) Persons designated by the Board shall be permitted to
enter each Unit on twenty-four hours written nitice for a regular
maintenance and repair. purposes that may be authorized by
the Board, or as may be required in connection with any insurance
policy or appraisal of the College property, or for such
other reason as the Board may determine. The delivery of the
notice to the unit via the unit mailbox shall be deemed
sufficient method of delivery.
(a) Each member shall maintain his Unit in a reasonable state
of cleanliness at all times, and shall comply with all require-
ments and standards of hsalth authorities and other authorities
respecting standards of cleanliness and Each
member shall repair or pay for the repair of damage caused
by his wilful or negligent conduct or that of persons permitted
on "the property of the College by him or others occupying his
Unit.
with respect to his Unit and the common elements of the project
as set out in the Maintenance Po "licy attached to this By-law
as Schedule "C".
28. Damage by Fire
(a) If any Unit in the College is damaged by fire or other
casualty and such damage is minor, the Unit shall be repaired
by the College and as quickly as possible and there will be
no reduction in housing charges. , . . > ~ :
.... :
(b) If the damage is serious so that in the opinion of the
Board it is nat desirable to repair the Unit or the building
in which it is situated, then the member's right to occupy the
Unit shall be terminated and charges shall cease effective the
day of the fire or casualty.
(c) If the damage is such that the Unit is no longer habitable,
but the College intends to repair the Unit, then the member's
right to occupy the Unit shall be terminated and charges shall
to the priority an the waiting list referred to in subparagraph
(e), such member shall have e further right to reoccupy the
damaged Unit when it is repaired, unless in the meantime he
has elected to accept another Unit.
(d) For a period of up to three months after the fire or
casualty, the member shall be able to occupy any vacant Unit
of housing of the College on an emergency basis paying the
lesser of the charges applicable to such Unit or the damaged
Unit.
(e) If any member lases his right to occupancy under this
paragraph, he shall have priority-on the internal waiting list
until a suitable Unit is offered to him. Thereafter he shall
be delted from the list.
29. No Strangers
Article VII
When a Unit has been allocated to a member or members, no
person other than the member or members may occupy the Unit
except as provided in this Article.
30. Persons Under Sixteen
Persons under sixteen years of age may occupy a Unit as part of
a member's household. When any such person turns sixteen, he
shall apply for membership in the College, and if accepted,
shall sign an Occupancy Agreement. If not accepted, he may
continue to reside with his family and the members occupying
such Unit shall continue to be responsible for his behaviour within
the College. ;
34. Sub-Occupancy
(a) Any member who desires to leave the College temporarily
for a period of not more than twelve months may sublet his Unit,
but only on the terms of the Sub-Occupancy Agreement attached hereto
as Schedule "d". Prior to the commencement of any term of sub-
occupancy, the member and all sub-occupanc . shall sign and
deliver to the College a Sub-Occupancy Agreement, in the form
attached hereto as Schedule lid" and an Agreement by the
sub - occupants to terminate in the form attached hereto as
Schedule "E". A member wishing to sublet must inform the
College of his desire in writing, in the form of Schedule (K).
(b) No term of sub-occupancy may be longer than the remaining
term of the original occupancy agreement. The sub-occupant
must be approved by the Membership Committee in reference to
the sub-letting of Two-Person or Apartment Units. In addition,
the sub-occupant must become a member of the College.
35. No Profit
No member may profit an surrender of his occupancy rights Dr
subletting in accordance with paragraph 34. No member may
charge any sub-occupant any amount greater than the charge
payable by a member occupying the Room. Any profit realized
by a member out of his right to occupy a Room and Unit in
the College shall be the property of the College.
(a) The Board may not termiflate .. any .. +,ights
unless written notice has been delivered to the member's Unit
at least five days prior to a meeting .... o.t- the Board (except in the
case of emergency), which notice shal!-:
capable of remedy,
(iii) require the member to make compensation in money for
the breach if it may be compensated for in money,
consider whether the member's occupancy rights shall
be terminated.
Such notice may be in the form hereto attached as Schedule IIfll.
meeting and make representations to the Board prior to its vote.
(b) If the Board is of the opinion that one of the causes
set out in paragraph 40 exists, and the member has not remedied
or compensated for the breach in accordance with the notice,
or it is a repeated breach, the occupancy rights (but not the
membership) of the member may be by resolution
passed by a majority of those present and voting at the meeting.
Such resolution may be in the form attached hereto as Schedule "Gil.
Such termination of occupancy rights shall be effective at a date
specified in the resolution, which date shall be a reasonable
time after the meeting but normally at least ten days after the
meeting.
terminate the member's occupancy to a consideration at a
specific future time. It shall not be necessary to give the
member any further notice of any such future consideration.
resolution terminating. his occupancy rights shall be of no
(e) If the of the member are terminated,
a notice to vacate specifying the day of termination shall be
delivered to the members' Unit normally within two days
following the meeting of the Board (and whether or not a resolution
referred to in subparagraph (d) has been passed). Such notice
may be in the form contained in Schedule "HI! to this By-law.
ARTICLE X
45. No withdrawal Without. Terminating
.,.$
serves notice of withdrawal from membership under Section 64
of the Co-operati ve Corporations Act, he shall be deemed to have
given two months notice to terminate occupancy in accordance
with paragraph 38 at the same time. If the member fails to
vacate his Unit in accordance with paragraph 38, the College may
apply for a Writ of Possession and take such other proceedings
as the Board sees fit against the member without the necessity
of following the provisions of paragraphs 40 and 41.
46. No Termination of Occupancy Without Withdrawal
a) No membe.r may terminate his occupancy rights in the College
under paragraph 38 without also withdrawing from membership in
the College and the delivery of a notice of termination under
paragraph 38 of this By-law shall be deemed to be the delivery
of a notice of intention to withdraw from membership under
Section 64 of The Co-operative Act.
b) A member who surrenders his occupancy rights (under this paragraph)
but wishes to remain a member, must re-apply in writing at the
time of giving notice, without additional charge for the membership
year.
47. Abandonment
member who has abandoned his Unit will be deemed to have
given notice of intention to withdraw from membership in the
College on the day of abandonment unless written notice to the
contrary is given to the College.
(a) Any member whose occupancy rights have been terminated
under Article IX of this By-law shall be deemed to have given
notice of intention to withdraw from membership in the College
on the day on which possession is recovered by the College,
unless written notice to the contrary is given to the College.
(b) Any member who ceases to have a right to occupy, reoccupy,
or remain on the internal waiting list for a Room or Unit in the
College under paragraph 26 shall be deemed to have given notice
of intention to withdraw from membership in the College on the
day on which he ceases to have such right, or ceases to remain
on the internal waiting list as the case may be, unless written
notice to the contrary is given to the College.
55. Policies:
Wherever the By-law refers to a Policy of the College attached
ae a schedule, or to the Rulee and Regulations, such Policy or
Rules and Regulations shall be consider.ee! a part of this By-law.
If at the day of the passing hereof, riiI" at any other time, Sony
of the Policies or Rules and Regulations referred to in this
By-law is not in existence Dr has not yet been adopted, any
reference to such Policy or Rules and Regulations in this By-law
shall be taken as a reference to theresolutions or decisions made
by the Board, its standing committees, or the members from time
to time dealing with the matters covered by such Policy or Rules
and Regulations_
Passed by the Board and sealed with the corporate seal of
the College this 29th day of August, 1979.
President
confirmed by two-thirds of the vote cast at a meeting
of members, this 17th da y of November, 1979.
President Secretary
By-Law No. 9
Schedule "B"
of society. At the time of its founding, the members of the College
felt that one method of achieving this objective was the elimination
of stringent control on the human being. 'l'he principle of "reasonable
freedom", that is the ability of one person to act without controls, was
long as such actions did not infringe on the freedoms of others, was
felt to be the alternative to what seemed opressive laws and controls.
the outside world, and, therefore, the College is not a separate entity,
but still a part of Society.
members, strives to change society for the better. There is a belief
that society can be more honest, just and humane. It is hoped that
through life in the College, the members will become better people, toward
these ends, and bring these attitudes to the outside world.
differ, therefore, definitions, as discovered through the experience
of living, must be set. They are not meant to opress, but to inform.
The College is part of the outside world. Society's laws and
Therefore, in an effort to protect and inform members, the following
rules and regulations are hereby put into effect:
1. Violence toward and intimidation of a member, employee, visitor,
or guest is not tollerated.
2. The deliberate destruction or damage of the College's property,
or the property of any member, employee, visitor or guest is not
tollerated.
3. Theft is not tollerated.
4. The pushing, peddling, or trafficing of any drugs is not tollerated.
5. The use of hard drugs is not tollerated.
6. (A) No member, guest, or employee of the College shall bring into, or
cause to be brought into the building, or possess in the building or
on the grounds, or use while in the building or on the grounds, any
fire arms or restricted weapons.
(B) The use of anycobject as a weapon is not permitted.
7. (A) Screens shall not be removed from any window in the bui.lding.
(B) Objects shall not be thrown out of any window in the building,
or from the roof of the building.
)
By-law No. 9
Schedule 'C'
Maintenance Policy
Since the College is bas.ed on the principle of mutual re-
sponsibility for mutual growth and benefit, and; the
College's largest asset is the building which the
majority of uts members, it is to the members' benefit that
the building be kept in the best possible condition.
It is therefore in the interest pf the members that the
policy be put into effect:
(a) As stated in the Occupancy Agreement and the By-laws of the College,
upkeep of a member'a roam and unit is the responsibility of the occupying
member(s).
(b) It is hereby deemed that the cammon eiements of the building, in
respect to By-law No.9, Paragraph 25, subsection (b), include:
lounge of a unit, for which the occupants of the unit
(ii) The hallway, elevator lobby, and stairway landings
of a floor, which shall be the aggregate responsibility
of the occupants of the units on a floor.
(c) Specific requirements for the upkeep of the areas mentioned above
shall be set out by-the Management Committee, or a maintenance sub-committee
thereof, or by a Maintenance Standing Committee appointed by the Board
of Directors,. 8,S directeci. .. p_y the .
. ...
(d) Regulations regarding room decoration shall be set from time to time
by the Management Committee subject to approval by the Board.
The "Paint Policy" in effect at the time of the adoption of this Policy
shall be deemed to be part of this policy, and these regulations will
remain in effect until such time as they are amended or replaced.
SlJb-occupancy -- 2
.. i.
Member of his obligations during the original term of this Agreement or so long
as the Sub-occupying Member remains in possession of the Unit.
,...; ::;;; .- ;
7. The Sub-occupying Member agrees to sign an" p;greement to Terminate so that the
College may regain possession at the end of the term.
Dated At __________ , this , ___ day of ______ , 19_0
NEILL-WYCIK CO-QPERATIVE COLLEGE, INC.
Per:
-----------------------------
Member
FM: BL 9-0 Sub-occupying Member
AGREEMENT TO TERMINATE A SUB-OCCUPANCY (Schedule 'E')
Re: Sub.occupancy of Unit
------
Neill-Wycik Ca-operative College, Inc .. , herein referred to as the "College", and
, herein referred to aa the
TrSu';""b--o-c-c-u-p-y-:"i-n-g-m-em--:"b-e-r-n"r-,-h:-"e-r-e ..... b-y-a-g-re-e---:. sub-ace upancy wi th respec t
to the prem1sis known as Unit , 96 Gerrard Street East, in the city of
------
Toronto, on the of , 19_.
I, , the Sub-occupying Member, understand that I must deliver up
vacant possession and occupation of the on that date and that this Agreement
may be enforced by writ of possession (eviction order) if I fail to do so.
Dated this _________ ,_ day of ________ , 19 __
NEILL-WYCIL CO-OPERATIVE COLLEGE, INC.
Per:
-----------------------------
FM: BL 9-E
)
)
)
Member(s):
Co-oJ1erative Inc.
St. E., Loronto MSB lG7
NEILL-WYCIK CO-OPERATIVE INC
,:_ r
Occupancy Rights
(4l)
Schedule 'G'
--------------------------------------------------------------
UNIT:
WHEREAS the Member(s) referred to above was given Notice under the provisions of .
paragraph 40. of By-law 9 of the College;
AND WHEREAS the Member(s) has failed to comply with the terms of the Notice;
(or) AND WHEREAS the Breach mentioned in the Notice is a repeated breach;
AND WHEREAS the Board has determined that the following cause for termination under
paragraph 39 of By-law No. 9 exists:
And Whereas the Member(s) appeared/did not appear personally or by agent or counsel
at this meeting.
Be it resolved that the occupancy rights of the Member(s) be terminated effective
, 19
---------------------------------- -----
BE IT FURTHER RESOLVED that the said termination shall not take effect if the Member(s)
makes the following payments or performs the following acts on or before such date:
CERTIFIED to be a true copy of a Resolution of the Board of Directors of
Co-operative College, Inc. passed the day of , 19
at a meeting of the Board of Directors duly held, notice having been duly given
the Member(s), which Resolution remains in full force and effect unamended.
--
cis
---------------------------
Secretary
FM:BL 9-1
(37)
Schedule 'I'
(External)
In this agreement, the undersigned gives formal notice that they will
be vacating their unit on the date stated belowo
The agreement also outlines responsibilities which the undersigned agrees
to fulfill.
, 19
- - - - ~ - - - - - - -----
day month year
PART B: RESPONSIBILITIES:
I" the undersigned, understand that I will be responsible for the
following agree to fulfill these responsibilities:
1. Continued payment of the housing charges for my unit until the date
upon which I vacate my unit, or the date specified above, whichever
occurs last.
20 Payment of a fee of $ to cover the Co-operative's administrative
expense in connection with this transfer of responsibility, as outlined
in (1) above.
3. For advertising my unit's availability within the building by posting
notices in common area using masking tape only. (Common areas for the
purposes of this section shall be defined as elevators, elevator lobbies,
and the ground floor)
4. For leaving my unit in a clean and orderly condition for the new
occupant.
Accepted by Neill-Wcyik Co-operative College Inc.
PER:
date received
N.Bo Please supply your new address on reverse side regarding any
refund
Schedule
.'?- ,
,.-
r/We the undersigned member(s) request permission to grant
temporary sub-occupancy rights for Unit , for which
we hold the occupancy rights.
rights in no way relieves me/us of our responsibilities of
my/our Occupancy Agreement.
r/We further attest that aur absence from resloency in the College
will be no longer than twelve (12) months, and that such
Occupancy Agreement mentioned herein.
I/We also agree to complete a Sub-Occupancy agreement and
to pay to the College an administrative fee of $ ____ " __ _
It is also understood that if we post notices of an available
sub-occupancy, that such notices will be affixed to walls
by masking tape only.
It is also acknowleged that any sub-occupant must be a member
of the College, and in the case of temporary sub-occupancy
of a two-person or apartment unit, the member must be
approved by the Membership Committee for such occupancy.
Date on which temporary sub-occupancy will 2ommence:
Date on which temporary sub-occucancy will cease:
members signature date
I II f
I'.
I hereby grant cermission for the temporary sub-occupancy :equested
above, on behalf of Co-operative College, Inc.
-----------------
9-K
( ..:
II Arrears
received when due. This includes, but is not limited to, housing
charges, social activity fees, parking charges, and damage deposits.
(b) In accordance with Article III, paragraph 16, all service charges
levied against the College as a result of a member's cheque being
returned by a financial institution will be paid by the member. In
addition, the member will be considered to be in arrears until such time
as the cheque is replaced and the service charge is paid. When
a member has had two cheques returned, payments must be made by
certified cheque, money order, or cash for the balance of the lease.
(c) Room transfers are not allowed for members in arrears.
members in arrears as of June lsto
(e) Directors or members of Committees who are in arrears will be
considered to have a conflict of interest when voting on any issues
of arrears policy or individual arrears cases, including evictions.
1
1
1
1
-
1
1
1
1
-I
:1
.1
"
1;' AND OFFICIAL DOCUMENTS
Table of Cqntents
.': 1.1
Hi;f;tqry of Documents 1::1
1.2 . Le:tters Patent 1-3
1.3 In,d.E?x of Bylaws 1-7

1.4 Table of Contents
-
Bylaw 24 1-10
., 1.5
BYl.aw 24
.. ,
1-12
1.6 Bylaw 2 . . . 1-22 ..
1.7 4 1-23
1.8 Taple of Contents Bylaw 20 .. .1.-.24
1..9 By;Law 20 . 1-26'
POL 1-0 January 11, 1991
1.2 Letters Patent
,.: .. r, --\ 3
Dated July 24, A.D. 1968
\;'
PROVINCE-:',Or ONTARIO. ?:;
LETTERS
0j_ . f
Incorporatiii.-g .. ,
.. "
NEILL-.WYCIK
." .... ,.,'1.
- "' ..
, Recotded
day o,:(,J-'tme';j;:,;'D,.;> 1969
as 'Number.25 .. =-
in Liber 'fi:f26'"' '.
M.
E . F,.",Morton
Reco,rdfp9 ,qff icer
., .... '.
.-' >f.
", - "-:-,;.
PROVINCIAL SECRETARY'S OFFICE
TORONTO, ONTARIO
Supplementary Letters Patent
December 31, 1976
Amendments 'of Articles
September 15, 1980
November 17, 1983
The Consolidation of the Letters Patent is Prepared for
Convenience Only
POL 1-3 November 9", 1988
Index of Bylaws
Bylaw 1: a Bylaw relating generally to the affairs of Neill-Wycik
College Incorporated
Bylaw 2:
Approved by Members
0- 22, 1970
April 22, 197Q
a Bylaw respecting the borrowing of money and the issue
of securities by Neill-Wycik college Incorporated
Approved by Members
April 22, 1970
April 22, 1970
Bylaw 3: to amend Bylaw 1 to establish ;a rotating syst.em of
Directors.
Approved by Members
April 22, 1970
April 22, 1970
Byla,v 4: a Bylaw creating an Executive Committee
Approved by Members
April 22, 1970
April 22, 1970
Bylaw?: to amend Bylaw 1 to establish ex-officio Board members
Approved by Members
March 11, 1971
November 10, 1970
Bylaw?: to amend Bylaw 1 to assign signing officers
Approved by Members
December 9, 1971
October 11, 1972
Bylaw 5: to amend Bylaw 1 to update existing Bylaws.
Approved by Members
October 24, 1973
October 24, 1973
Bylaw 6: to amend Bylaw 1 to update existing Bylaws
Approved by Members
November 13, 1974
November 13, 1974
Bylaw 7: to amend Bylaw 1 in order to conform to superseding Acts
of the Province of ontario
Approved by Members
POL 1-7
November 15, 1978
November 15, 1978
November 9, 1988
39. REGULATIONS
BOOKS AND RECORDS
40. Keeping of Records
41. INTERPRETATION
42. Records in French or English
POL 1-11
January 11, 1991
vote shall be recorded in the Minutes indicating the names of the
Director shall at all times take precedence. In the absence of the
President, his duties may be performed by the Vice-President or
purpose.
12. Powers. The Directors of the Co-operative may administer the
affairs of the Co-operative in all things and make or cause to be
made for the Co-operative, in its name, any kind of contract which
the Co-operative, may lawfully enter into, and save as hereinafter
provided, generally, may exercise all such other powers and do all
such other acts and things as the Co-operative is by its charter
for acting as such.
14. Liability. No Director or officer of the co-operative shall
be liable for the acts, receipt, neglects or defaults of any other
Co-operative through the insufficiency or deficiency of title to
any property acquired by order of the Board for or on behalf of the
Co-operative or for the insufficiency or deficiency of any security
in or upon which any of the monies of the Co-operative shall be
invested, or for any loss or damage arising from the bankruptcy,
monies, securities or effects of the Co-operative shall be
deposited, or for any loss occasioned by any error of judgment or
oversight on his part, or for nay other loss, damage, misfortune
whatever which shall happen in the execution of the duties of his
office or in relation thereto unless the same shall happen through
his own dishonesty, except as otherwise provided by law.
15. Indemnity. Every Director or officer
his heirs, executors and administrators,
respectively shall, from time to time,
indemnified and saved harmless out of
operative, from and against:
of the Co-operative and
and estate and effects
and at all times, be
the funds of the Co-
(a) All costs and charges and expenses wh.atsoever which such
neglect or default.
POL 1-15
January 11, 1991
30. voting. Each member of the Co-operative shall at all annual
or general meetings of the members be entitled to one vote. At all
required by the By-laws of the Co-operative, or by law. In the
case of a tie vote, the chairperson of the meeting may vote a
second time.
FINANCE
31. Fiscal Year. The fiscal year of the Co-operative shall
terminate on August 31.
(a) issue, seal, or pledge securities of the Co-operative;
(b) borrow money on the credit of the Co-operative;
(c) charge, mortgage, hypothecate, or pledge all or any of the
real property or personal property of the Co-operative
undertaking, to secure any securities or any money borrowed,
or any other debt, or any other obligation or liability of the
Co-operative.
or employee of the co-operative or any other person to make
power to vary or modify such arrangements, terms and conditions and
to give such additional securities for any monies borrowed due to
the Co-operative as the Directors may authorize, and generally to
manage, transact, and settle the borrowing of money by the Co-
operative.
33. (a) Reserve Fund. The Board shall at its discretion, allocate
(b) Any surplus arising from the business of the Co-operative in
each fiscal year shall be set aside by the Co-operative as a
reserve fund. Such reserve shall not be paid or in. any way
distributed to members, but shall be applied for such purposes as
are not inconsistent with the Letters Patent as amended. The Co-
operative may invest all or part of the reserve fund in such
investments as it thinks fit from time to time, deal with and vary
such investments and dispose of all or part thereof for the benefit
of the Co-operative.
34. Insurance. The shall insure against fire at all
times all buildings and other assets of the Co-operative to their
full insurable value.
POL 1-19
January 11, 1991
1.7 Bylaw 4
BY-LAW NO. 4
As amended by By-law No. 11
BE IT ENACTED as a by-law of Neill-Wycik College, Inc.
as follows:
Executive Committee of four Directors consisting of the President,
Vice-President, Secretary and the Treasurer of the College. The
Executive Committee shall possess and may exercise (subject to any
interest of College in all cases in which specific directions shall
not have been given by the Board of Directors.
2. Subject to any regulations imposed from time to time by the
Board of Directors, the Executive Committee shall have power to
fix its quorum at not less than a majority of its members and may
fix its own rules of procedure from time to time.
office of the College or at any other place in or outside of
meetings in which shall be recorded all action taken by it, which
minutes shall be submitted as soon as practicable to the Board of
Directors.
ENACTED AND PASSED by the Directors the 22nd day or April, 1970.
No. 11 PASSED by the Board of Directors this 29th day October, 1980
and Confirmed at a general members' meeting this 12th day of
November 1980.
Richard Halford, President Fredrick Malin, Secretary
POL 1-23 November 9, 1988
r
set out in the Charter, By-laws, Rules and
member has signed an occupancy agreement).
6. Priority
operative- and any By-laws, resolutions, or policies previously
one has' any authority to commit the Co-operative to any term of
with this By-law.
entered into between them and the co-operative, with the approval
or terminating their relationship with the Co-operative, the Board
POL 1-27
November 9, 1988
23. Privacy
Ca) The Co-operative or anyone on its behalf shall not enter any
subparagraph (b).
any insurance policy or appraisal of the Co-operative property, or
unfurnished unit mailbox shall be deemed sUfficient' method of
delivery.
respect to his unit and the common elements of the Co-operative as
Schedule "C".
Article VI
Board).'
.
POL 1-31
November 9, 1988
(ii) require the member to remedy the breach if it. is
capable of remedy,
terminated.
meeting and may make representations to. the Board prior to its
vote.
in paragraph 37 exists, an-d the member has not remedied or
a repeated breach, the occupancy rights (but not t h ~ membership)
of those present and voting at the meeting. such resolution may be
date. Ifthe--member compiies with such-resolution, then the
resolution-- terminating his/her occupancy rights - shall beaf no
further forCe or effect.
39. Right of Appeal
corporate seal of the Co-operative this 2nd day of A ~ g u s t , 1989.
Confirmed by two-thirds of the votes cast at a duly constituted
POL 1-39
November 9, 1988
ing or on the grounds.
animal wastes.
areas.
extinguisher for reasons other than extinguishing afire,
POL 1-43
November 9, 1988
By-law No. 20
Schedule "E"
Re: Sub-occupancy of Unit
"co-operative", and
___________________ , herein referred to as the "sub-
respect to the premises known as unit 96 Gerrard Street
19
Dated this day of
__________ , 19 ___ .
Per:
By-law No. 20
Schedule "I"
agrees to fulfil.
19
month
day
year
1. Continued payment of the housing charges for my unit until the
2. Payment of a fee of $
to cover the Co-operative's
new occupant.
member
unit
date
Per: __________________________________ __
date received
POL 1-51
November 9, 1988
..
BY-L;;\-J N 0 I 0
h By-law to By-law Nc. I of Neill-Wycik Co-operative College.
-::.,... I'!' ElmCTED ;'.S A 3YU,\'; of Heill-I'lyci}: Co-operative College, Inc.
called "'I'!1e College") as follows:
1. Paragraph 4 0= By-law No. 1 shall be deleted.
2. 5, subsection (a) and (b) shall be deleted.. Subsection (c)
"
..., .
shal'l oe retainec., desiqnated only by paragraph number.
Pc.rasrapn 6 of 3y-Iaw No. I shall be amendeC', to read:
liThe affairs of the College shall be managed by a Board cf
12 Directors each cf whom at the time of election shall be
a prior and continuing member in good of the Co+lege.
1'.11 direc.tors of the College shall have a ter:n of
two'years, six of whom are elected in rotation every other
year. The annual election of D'rectors shall be held co-
incider:tally with the Annual General Meeting. The Board of
Directors announce the of the election in the same
manner and under the same conditions as for ser"ing notice
of Annual General Meeting. The election shall be by
ballct. 1':0 full-time permar:ent stc:.ff member rr:ay be elected
to, appoi:1ted to, or 5i t on the Eoard as a Director."
?c.r0.c;rapr: ::"1, s:.:l:;section (b) cf By-lave No. I shall be deleted.
5. Paragraph 20 of Ey-lav..
T
No. I shall be deleted.
G. The f-aragraDi:s c: amended By-law shall be renUIl'bered to reflect
the changes made by the enactrr:ent of this By-law.
by t:-:e Boar:: and se2.1ed with the corporate seal of the College,
t:-.i.s . <2 9 :' E r1?,. {.,f :; C T 0 B E ;-, 1'180.
Frederick P. Malin
Secreto.ry seal
E'!-LA7rt NO. 1 2
:;.. by-la .... ' to amend By-la'''' ",0. 9 of Neill-Ivycik Co-operative College, Inc.
BE :T a By-law of Neill-Wycik Co-operative College, Inc.
(hereinafter callec. "":'he College") as follows: '
1. ;'.rticle III, P2.ragraph of By-law No. 9 shall be amended to read:
"Each member shall pay the following ,,,here applicable:
lvlonthly Housing Charge
Final Month's Housino ChargE on last month or cccupancy)
Dama(Je Deposit
Parkinq Charoe
Pet Damage Deposit
Additional Char(Je which may be payable because of the melT'.ber's
Separate School support or his breech of any of his obligations
under this By-law."
2. Schedule 'B' of By-law No.9 shall be amended to read:
(a) Paragraph 7 of the schedule shall be amended to read:
"(a) Screens sl1",ll not be removed from any windmv in the
!:luildiDr:-.
(b) C!: jects shall not be thrown -:'ut: of any window in the
b'....ildiDg, or :rom the roof 'of the o\1ilding.
(b) ?dJ:a'-;lra}Jh C uf the sc11e:.'i'.lle shall, be alnended to read:
"(a) :';0 member I guest, or employee of the Cplle(Je shall bring
into or ca\1se to bebrousht into the building, or possess
i:-: the building cr on the srrounds I or use in building
or on the srounds, any fire or restricted weapons.
(b) The \1se of any object as a weapon is not permitted."
(c) Paragraph 8 section h'ii) of the schedule shall be amended to read:
'" !!
"Cats and dogs must be neutered or spayed, as appropriate,
at the, proper ace."
" .....
. ::::.::: ti,:;t.:ec
' ...... _______ ..-. ,..".,--__ --..- ______ _____ ,---...... -----.... .... ---.,. ... .... __ .... ..,. ________ ._' ____ _
Approved by Members
?
November 12, 1980 (G80-005)
adds damage deposit and pet damage deposit to list of charges
payable by members
adds Rule 7b, prohibiting the throwing of objects from the
building
adds restriction against possession of firearms in the
building
includes dogs in requirement for neutering or spaying
BYLAW NO. 12
A bylaw to amend Bylaw No. 9 of Neill-Wydik College,
Inc.
BE IT ENACTED as a Bylaw of Neill-Wycik Co-operative College, Inc.
1. Article III, Paragraph 9 of Bylaw 9 shall be amended to read:
occupancy)
Parking charge
of his obligations under this Bylaw.
2. Schedule "B" of Bylaw No.9 shall be amended to read:
"(a) Screens shall not be removed from any window in the
building.
(b) Objects shall not be thrown out of any window in
the building, or fromthe roof of the building."
(b) Paragraph 6 of the schedule shall be amended to read:
"(a) No member, guest, or employee of the College shall
bring into or cause to be brought into the building, or
possess in the building or on the grounds, or use in the
building ore on the grounds, any fire arms or restricted
weapons.
(b) The use of any obj ect as a weapon is not permitted."
(c) Paragraph 8 section (vii) of the schedule shall be
amended to read:
"Cats and dogs must be neutered or spayed, as
appropriate, at the proper age."
30
BY-LAW NO. 9
Be it enacted as a B y - I ~ W of Neill-Wycik Co-operqtive College Inc.,
(herein called the "College
n
) as follows:
1. Meaning of Unit
Article I
Definitions
2. Meaning of Room
Article II
Co-operative'S Relationship with Members
3 . Membership
set forth in the Membership Policy attached hereto as Schedule "AII
for membership in the College .. The membership of such persons shall
32
Final Month's Housing charge (Deposit on last month of
/'
occupancy)
Damage Deposit
Parking charge. J If 41 '#"O()
Pet Damage Deposlt
......
10. participation
members unless he is reasonably unable to do 'so.
(other than the 'maintenance responsibilities relating to his own
11. Monthly Housing 'Charge
(b) The monthly hou'sing charge shall not include the following
12. Monthly Parking charge
If a parking space is allocated to a the member shall pay
the applicable charge in the such manner arid at such place as the
Board may direct.
I -- - - .
13. Final Month" s Housing Charge
Each member shall pay to the college prior to moving into his unit
34
meeting and shall effect only in the manner set out in
paragraph 20.
approved by the members.' Notice of the change applicable to the
Article V
Use and Behaviour
College.
22. Nuisance
interfere with the enjoyment of other members, nor shall they

C any illegal acts to be committed within the unit or on the common
j
.i\ regulations, here to attached as schedule "B".
.
. . \-
The Rules and Regulations of the College shall be the Rules ai)d
36
f
Article VI
units of the college who have indicated a desire to change their
the Membership policy, but the Membership Committee may either
list priority over a member on the internal waiting list,. if it
membership policy attached hereto as Schedule "A". .
28. Damage by Fire
or pasualty.
member shall have a further right to reoccupy the 'damaged unit when
another unit.
the member shall be ~ b l e to occupy any vacant unit of housing of
38
34. Sub-Occupancy
as Schedule 110". Prior to the commencement of any term of sub-
occupancy, the member and all sub-occupants sha'll sign and deliver
terminate in the form ,attached hereto as Schedule "Ell. A member
in the form of (K).
35. NoProfit
property of the
Notwi thstanding Section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Required
one month's notice in writing with the one month.ending on the day
40
a breach, the occupancy rights (but not the membership)
of those present and voting at the meeting. such resolution may
(c) The Board may the determination of whether to
date. If the member complies -with such resolution, then the
force or effect.
of the Board (and whether' or not a resolution referred to in
42. Right of Appeal
agenda for the next members' _I ' An
-. at-V'- (].-a ............
42
co-operative corporations A c t ~ ~ J J D
47.. Abandonment
notice of 'intention to withdraw from membership in the College on
(a) Any member whose 5ccupancy rights have been terminated under
50. Subordination
52. Time
44
By-law No. 9
Schedule "A"
Membership Policy
To co-operatively promote the advancement of' learning and the
dissemination tif knowledge;
To co-operatively the intellectual, social, moral, and
To co-operatively. establish and carryon scholarship and research
programmes; and
possible.
to the internationally accepted principles of co-operation
1977.
46
building.
building, or roof of the building.
(ii) Pets must be registered with the committee.
(iii) A deposit must be made which will be held in the pet
damage fund until such time as the animal is removed from the
building.
(iv) bearing animals are allowed only in the Two-person
and Apartment units. The permission of the unit mate must be
obtained before the animal is brought into the unit.
(v) The only fur bearing animals allowed in the building are
cats and dogs.
(vi) Cats and dogs must be inoculated against enteritis. Dogs
must be inoculated against rabies.
(vii) Cats and dogs must be neutered or spayed, as
appropriate, at the proper age.
the grounds.
(x) Pet owners are not to dispose animal wastes by using the
garbage chute.
9. must be reported to Maintenance or security.
or Sauna, at any time, or in the Cafeteria, on occasion.
11. Consumption of alcoholic beverages is not allowed in the main
floor lobby, or elevators at any time, or in common areas
except on occasion.
12. Visitors may stay in a member's unit only under the
following conditions:
(i) The agreement of unit mate(s) for the guest to occupy the
unit is obtained in advance of the guest being invited to
remain.
(ii) The guest does not stay in the lounges or public spaces
of the building.
48
"
By-law No. 9
Schedule .. c ..
Maintenance Policy
since the college is based on the principle of mutual responsibi-
lity for mutual growth and benefit, and, since the College' s
in the best possible condition. '
4-
policy be'put into effect.
College, upkeep of a member's robm and unit is the responsibility
of ' the occupying member(s).
(b) It is hereby ,deemed that the common elements of the building,
committee appointed by the Board of Directors, as direeted by the
Board.
(d) Regulations ,regarding room decoration shall be set from time
to time by the Management' Committee subj ect to approval by the
amended or replaced. '
50
membership r i g ~ t s are terminated, the term of his Sub-Occupancy
7. The sub-occupyin'-l Member agrees to sign an Agreement to
the term.
Dated At this day of
_________ , 19 ___ .
Per:
Member
52
To:
unit:
Address:
..
By-law No. 9
Schedule "F"
Notice to Member
contrary of Paragraph . ____________ _
of By-law 9.
to consider a motion
respect to unit
Toronto.
to terminate your occupancy rights with
at 96 Gerrard Street East, in the city of
or counselor both.
Dated this day of
_____________ , 19 __ __
Neill-WY9ik Co-operative College Inc.
Per:
54
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
occupancy rights in the college were terminated effective on the
______ _____ day of , 19 ____ .
Dated this day of
____________ , 19 __ __
Neill-wycik College, Inc.
Per:
(see attached Schedule IIGII)
56
By-law No. z::
Schedule IIJII (Inte al)
Memorandum of eement
This is an agreement between Neill-zcik Co-operative College Inc. ,
In this agreement, the undersigne gives formal notice that he/they
will be vacating his/their unit n the date stated below.
4.
ThlS agreement also outllnes responsibilities which the
agrees to fulfil.
PART A: Notice of Intent to erminate Occu
I the undersigned member
unit on
month
And do hereby surrender my
notice that I will vacate my
__________ , 19 ___ .
day year
rights as of that time.
I the undersigned member un erstand that I will be responsible for
1. Payment of the housin charge for the unit I will be moving
into, as stated on the Occ pancy Agreement.
2. continued payment of he housing charges for my present unit
until such time as a suita person is found to become a member
of the College and the obligations of my Occupancy
Agreement.
3. For advertising my uni 's availability within the building by
posting notices in common a eas using masking tape only.
4. For leaving
new occupant.
member
a clean and orderly condition for the
unit date
Per:
.. date received
58
5.4 Bylaw 13. Amending Bylaw 9
- - - ' - - - ' - - - ' - ~ - - ' - - ' -
Approved by Members
February 17, 1982 (B82-071)
March 3, 1982 (G82-005)
amends Schedule B, paragraph 8, regarding the presence of pets
in the building
BYLAW NO. 13
A bylaw to amend Bylaw No. 9 of Neill-Wycik Co-operative College,
Inc.
(hereinafter called liThe College
ll
) as follows:
1. Paragraph Sof Schedule "B" of Bylaw No.9 shall be amended
to read:
liThe introduction of' pets into the college is allowed only
b) . Pets are allowed to be kept in two-person and
apartment units. The written permisston of the unit-mate
includes, but is not limited to, spiders, snakes, and.
large dogs.
current, as necessary, for eaph pet. Proof of inoculation
Committee.
(viii)' Pets are not allowed to wander in the building or on
60
Approved by Members
/
,
L
." .
/.
February 17, 1982 (B82-072)
February 24, 1982 (B82-081)
March 3, 1982 (G82-006)
appends the Payment and Arrears Policy to Bylaw 9 as Schedule
"L"
BYLAW NO. 14
Inc.
BE IT ENACTED as a bylaw of Neill-Wycik Co-operative College, Inc.
ll
) as follows:
1. To adopt the following as a Policy of Neill-Wycik Co-operative
College, Inc., and to amend Bylaw No. 9by the inclusion of
the following as Schedule "L".
.
I Payments
September for the fall term and the first. day of January
June, July, and August a r ~ due on the first day of each
month.
information as to their employer I s identity may pay
immediately.
62
BY-LAW NO. 9
as amended by Bylaw No. 12, 13 and 14
Be it enacted as a B y - l ~ w of Neill-Wycik Co-operative College Inc.,
(herein called the "college") as follows:
Whereas the co-operative has been formed with one of its purposes
the rights and obligations of the co-operative and the members.
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
In this By-law "room
lt
shall refer to the private single or shared
accommo.dation component of a unit.
Article II
3 . Membersh ip
4 .
t.
Admlsslon of Members to Occupancy
65
Month's Housing charge (Deposit on last month of
occupancy)
__ , eft SDU

of his obligations under this
10. Participation
members unless-he is reasonably unable to do so.
unit) If the College adopts general policy on participation
attached to the By'-law as a schedule.
The monthly housing charge shall include, but is not
contingencies,and other items duly approved by the Board and its
Board may direct.
67
19. change in Budget
be approved by vote of the members at a general member
meeting and sl1all effect only in the manner set out in
paragraph 20.
Article V
Use and Behaviour
deems appropriate to-fliepurposes of the,
_ ____
22. Nuisance
any illegal acts,to be committed within the unit or on the common
regulations, here to attached as schedule "B". /

observed by all members and the College. _I 1/.7
1
.

69 J
. --. ,,-I
\
\
(g) At the end'of a member's occupancy of a unit, he shall
the unit in a 'clean and tidy condition.
leave J
--
Article VI
Allotment of Rooms'and units
of a member, to,the Board).
28. Damage by Fire
(b) If the damage is serious so that in the op1n10n of the Board
it is not to repair the unit or the building in which it
is situated, then the member1s right to occupy the unit shall be
or <;::asualty.
but the ,College intends to repair the unit, then the member's right
another unit. '
71
34. Sub-Occupancy
(a) Any member who the College temporarily for
a period of not more may sublet his unit, but
only on the terms of the Sub=6ccupancy Agreement attached hereto
as Schedule "0". Prior to the commencement of any term of sub-
hereto as Schedule "Oil and an Agreement by the sub-occupants to
35. No Profit
member occupying the room. CAny profit realized by a member out of
h.iS right to occupy a unit in the College shall be the
property of the
. ,
College may withhold its consent to any assigning,
Article VIII
37. Notice Required
member may terminate his occupallQ..._Jn the College by giving

/' one/,nionth' s notice in writing with throye'month ending on the day
( preceding a day for payment of The member's right
outstanding obligations to the"College existing on that date shall
73
compensqted for the breach in accordance with the notice, or it is
(c) The Board may qpjourn the determination of whether to
performs such" acts as the Board may determine on or before such
force or effect.
contained in "H" to this By-law.
42. Right of Appeal
to in paragraph 41 (e), notice setting out the grounds on which" he
the Board, or substitute for its decision any decision which could
75
Co-operative corporations Act.
47,. Abandonment
the day of abandonment unles's written notice to the contrary is
given to the college.
". .
(a) Any member whose occupancy rlghts have been termlnated under
internal waiting 'list as the case may be, unless written notice to
66 of the co-operative Corporations Act.
50. Subordination
the, future by the College. The members shall execute any documents
legal action on any such ground I'ease or mortgage. The College
52. Time
77
By-law No. 9
Schedule "A"
Membership Policy
Neill-Wycik co-operative College, Inc., (herein called the
To co-operatively proIQ,ote the intellectual, social, moral, and
programmes; and
the college to provide dwelling accommodation and meals for members
of the college' and otherwise complementing the functions and
possible.
necessary .for persons to become members of the College.
Alliance, and the College's own Principles of as
1977.
Be it also noted that, contrary to any prov1s10n which is stated
herein, or any amendment which may ,be added later, that the pro-
79
(b) The use of any as a weapon is not permitted.
building.
(b) Objects shalJ. not be thrown out of any window in the
by the following
large dogs.
, must be filed with the Pet Committee.
Committee.
(viii) Pets are not allowed tq wander in the building or on
the grounds.
animal wastes."
81
By-law No. 9
Schedule "C"
Maintenance Policy
It is therefore in of the members that the following
responsibility this policy; and
Board.
to time by the Management Committee subject to approval by the
83
7. The Sub-occupyinq Member agrees to sign an Agreement to
the term.
_________ , 19 ___
Per:
Member
85
To:
unit:
Address:
By-law No. 9
Schedule !IF"
Notice to Member
set for the day of , 19 __ at
Toronto.
representations prior to such.a vote either personally or by agent
or counselor poth.
And take notice that you are hereby 'required to remedy the breach
Dated this day of
______ , 19 __
Per:
87
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
day of , 19 ____ .
Dated this day of
____________ , 19 __ __
Per:
89
/'
/\
By-law No. 9 /
Schedule IIJII (Internal) ,
Memorandum of
/
This is an agreement between Neill-Wycik c70perative College Inc. ,
In this agreement, the undersigned gif-vesl:i:ormal notice that h'e/they
will be vacating his/their unit on the date stated below .
..
undersigned agrees to fulfil;
PART A: Notice'of Intent to Termi ate Occu
I the undersigned member give al notice that I will vacate my
unit on / _____ , 19 __ .
month lJ day year
And do hereby surrender my occjrancy rights as of that time.
PART B: Responsibilities /
I the undersigned member unde,btand that I will be responsible for
the following and agree to these responsibilities:
1. Payment of the housing for the unit I will be moving
into, as stated on the occupfncy Agreement.
2. continued payment of ttl housing charges for my present unit
until such time as a suitab e person is found to become a member
of the College and assum the obligations of my Occupancy
Agreement. --I ,
3. For advertising my uniJ,s availability within the building by
posting notices in common a eas using masking tape only.
4. For leaving my unit i a clean and orderly condition for the
new occupant.
member unit date
Accepted by Neill-Wycik Co operative college, Inc.
Per:
date received
91
By-law No. 9
Schedule "L"
I payments
(b) In accordance with Article III, Paragraph II, housing
month.
information as to their employer IS identity may pay
balance of the term housing char.ges may be considered due
immediately.
deposit.
preceding month.
II Arrears
93
Defeated by Members
February 17, 1982 (B82-073)
March 3, 1982
would have amended Paragraph 10 (b) to require one hour of
service to the co-op per week for each member
BYLAW NO. 15
Inc.
BE IT ENACTED as a bylaw of Neill-Wycik co-operative College, Inc.
ll
) as follows:
1. Article III, Paragraph 10(b) shall be amended to read:
Each member shalli unless excused by the Board, give a
minimum of the equivalent of one hour per week service
to the College, choosing his own area of involvement
(other than the maintenance responsibilities relating to
his own unit). Requirements of this paragraph shall be
set out as a policy and attached to this Bylaw as a
schedule.
David L.A. Gordon
President
64
Andrew B. Coles
Secre:tary
Approved by Members
November 2, 1982
November 17, 1982
amends paragraph 37, Schedule I and Schedule J reducing the
members' obligations for housing charges to two months
following delivery of notice of lease breaking
BYLAW NO. 17
of
as follows:
1. Paragraph 37 of Bylaw No.' 9 is hereby repealed. and the
37. Notice Required
(a) A member may terminate. his occupancy in the College by
termination is specified to be effective and shall be
specified to be effective on the last day of a month of
occupancy. . The member's r igh t to occupy his unit shall
terminate at the end of the notice period. For those members
moving outside the College, such notice will be in the form
of Schedule (I). For members moving within the College,
(b) until the notice period expires, the member's rights
shall remain in full force and effect. Upon the expiration
of the notice period, if the member vacates .the unit in
accordance with the notice, his obligations to the College
shall end, but any outstanding obligations to the College
existing on that date shall continue until paid or fulfilled.
2. Part B, Paragraph 1 of Schedule (I) to Bylaw No.9 is repealed
and the following SUbstituted therefor:
1. Continued payment of the housing charges for my unit
until the date upon which I vacate my unit, or the date
3. Part B, Paragraph 2 of Schedule (J) to Bylaw No.9 is' repealed
and the following SUbstituted therefor:
2. continued payment of the housing charges for my present
unit until the date upon which I vacate my unit, or the date
95
I .
BY-LAW NO. 9
as amended by Bylaw No. 12, 13 14 and 17
Be it enacted as a of Neill-Wycik Co-operative College Inc.,
Whereas the has been formed with one of its purposes
operative Houstng Corporations are exempt from part IV of the
1. Meaning of Unit
Article I
Definitions
2. Meaning of Room
Article II
3 . Membership
set forth in the Membership Policy q.ttached hereto as Schedule "A"
97
Monthly Housing charge
Final Month's Housing charge (Deposit on last month of
I occupancy)
Damage Deposit
Parking charge
Pet Damage Deposit
10 .. Participation
the College; and in particular shall attend each meeting of
11. Monthly Housing charge
sewage service, . insurance on the buildings, and College assets
Board may direct.
99
/1
,
19. change in 'Budget
be approved by majority vote of ,the members at a general member
meeting and shall effect only in the manner set out in
paragraph 20.
of the votes cast at the special no change in charges
Article V
Use and Behaviour
this By-law, and for no other purpose, saving only those uses
Board specifically deems appropriate to the purposes of
College.
Nuisance
the
the
(
Members shall not behave, in any fashion that may unreasonably
I
I
i
Regulations set out in Schedule liB" hereto. They may be amended
\
,needs and concerns of the College and its members. They shall be
(_ "" observed by and the College.
, _____ . ___ ----- 1 0 1 .
I
Article VI
The college shall maintain a waiting list of m e m b e r ~ occupying
units. As suitable unit;p become available, priority shall normally
be given to persons on the internal waiting list in accordance.with
list priority over a member on the internal waiting list, if ~ t
28. Damage by Fire
or casualty.
another unit.
103
J
....... ,.
34. Sub-Occupancy
(a) Any member who desires to the college temporarily for
a period of not more than may sublet his unit, but
only on the terms of the Agreement attached hereto
as Schedule IID". Prior to the commencement of any term of sub-
hereto as Schedule IIDII and an Agreement by the sub-occupants to
35. No Profit
. No member may profit on surrender of his occupancy rights or
NOtwithstanding section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Reguired
(b) Until the notice period expires, the member's rights shall
105
('
in para!Jraph 39 exists, and the member has not remedied or
but normally at least ten days after the meeting .
..
force or effect.
42. Right of Appeal
..
at the office within five days of delivery'of the notice referred
of the members giving due notice thereof, 'or put the matter on the
107
I
47. Abandonment
..
50. Subordination
the.future by the College. The members shall execute any documents
(b) The College and each and every officer and future off icer
52. Time
109
/
By-law No. 9
Schedule "A"
Membership Policy
IICollege
ll
was founded with some of its objectives being:
To co-operatively the intellectual, social, moral, and
programmes; and
operatively therewith to the end that the members of the
possible.
(d) . In the whole, an interest in promoting the growth of the
Alliance, and the College I s own Principles of Co-operation, as
1977.
herein, or any amendment which may ,be added later, that the pro-
members of the College", shall' prevail and take precedence.
111
or cause to be brought into the building, or possess in
building.
under the 'following conditions:
committee must be approached and permission granted. '
by the following criteria: .
4-, 5-, or units.
large dogs.
must be filed' with the Pet Committee.
Committee.
quiet' enjoyment of other members.
(viii) Pets are not allowed tq wander in the building or on
the
animal wastes."
113
By-law No. 9
Schedule .. c ..
Maintenance Policy
in the best possible condition .
..
in respect to By-law No.9, Paragraph 25, sUbsection (b) , include:
under this policy; and
floor, which shall be the aggregate responsibil i ty of the
Board.
115
te}:"'minat:ed, or if the Member resigns from membership or his
membership rights are terminated, the term of his Sub-occupancy
original 'term of this Agreement or so long as the Sub-occupying
7. The Sub-c;>ccupying" Member agrees to sign an Agreement to
the term.
Dated At this day of _________ , 19 ___ .
Per:
Member
117
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
contrary of Paragraph of By-law 9 ..
respect to unit at 96 Gerrard street East, in the city of
Toronto.
or counselor both.
Dated this day of
_____________ , 19 __ __
Per:
119
To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
day of , 19 ____ , in the City of Toronto,'
day of I 19 ____
Dated this
_____ ' day of ____________ , 19
Per:
121
. ('-".'.
I,
'\
By-law No. 9
Schedule IIJII (Internal)
will be vacating his/their unit on the date stated below .
..
unit on , 19 __ .
month day year
4. ' For leaving .my unit in a clean and orderly condition for the
new occupant.
member unit date
Per:
date received
123
By-law No. 9
Schedule "L"
I Payments
,charges will be paid in the following manner:
June, July, and August are due on t h ~ first day of, each
month.
committee, fully employed members who have supplied
information as to their employer I s identity may pay
monthly, but if such members fall 'into arrears, the
balanc'e of the term housing charges may be considered due
immediately .
. (iii) Housing charges for two-person and apartment units
(c). In accordance with Article III, Paragraph 13, the housing
deposit.
(d) In accordance with Schedules "1" and "K", administrative fees
preceding month.
II Arrears
125
Approved by Members
February 16, 1983 (B83-027)
March 23, 1983 (B83-038)
amends Schedule "L", the Payment and Arrears Policy, to allow
regular cheques as fall term deposits for members living in
wycik 'over the summer
changes "membership fee" to "social activity fee"
restricts requirement to pay by certified cheque for repeated,
late payers to the remainder of the current lease, rather than
indefinitely
BYLAW NO. 18
of
as follows:
1. Paragraph I(a) of Schedule (L) to Bylaw 9 is hereby repealed
(a) Payments should be made by cheque or money order
where possible, although cash will be accepted. Deposits
must be made by certified cheque or money order, except
for fall deposits from members living in the College over
the summer, and maintenance deposits.
2. Paragraph II(a) of Schedule (L) to Bylaw 9 is repealed and the
(a) Arrears are any amounts owed to. the College that
have not been received when due. This includes, but is
not limited to, housing charges, social activity fees,
parking charges, and damage deposits.
3. Paragraph II(b) of Schedule (L) to Bylaw 9 is repealed and the
(b) In accordance with Article III, Paragraph 16, all
service charges levied against the College as a result
of a member's cheque being r ~ t u r n e d by a financial
institution will be paid by the member. In addition, the
member will be considered to be in arrears until such
time as the cheque is replaced and the service charge is
paid. When a member has had two cheques returned,
payments must be made by certified cheque, money order
or cash for the balance of the lease.
127
5.11 Bylaw 9 - Maroh 3, 1983 to November 9, 1988
BY-LAW NO. 9
as amended by Bylaw No. 12, 13, 14, 17.and 18
Obligations of the College and its members.
the rights and obligations of the Co-operative and the membeis.
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
Article II
3. Membership
The Board of Directors may accept persons the qualifications
for membership in the College. The membership of sucp persons shall
unit of housing in the Co-operative, such person shall sign
occupancy Agreement and make all payments by theIBy-laws.
129

occupancy) -
Deposit ,

(Deposit on last month of
cfdcr- . rid r:ee.
member's separate School support, or his breach of any
10. participation
the college; and in particular, shall attend each meeting of
unless he is reasonably unable to do so.
11. Monthly Housing charge
Ca) The monthly housing charge shall be set in accordance with
only repairs and maintenance, reserves,
contlngencles, and other ltems duly approved by the Board and its
Board may direct.
Each member shall pay to the College prior to moving into/his unit
131
..
19. change in Budget
paragraph 20.
Article V
Use and Behaviour
College.
22. Nuisance
regulations, here to attached as schedule.,"B".
133
Article VI
The shall maintain a waiting list of members occupying
be given to ,on the wi th
the Membershl.p the e may el.ther
.
In allotting to and changing units within the
College, thel1amM!"r,];'hfP(:dffin'I:EEee shall act in accordance with the
28. Damage by Fire
or casualty.
priority on the waiting list referred to subparagraph (e), such
another unit.
the IIlernber shall be able to occupy any vacant unit of housing of
the "t1Il5flege on an emergency basis paying the lesser of the charges
135
34. Sub-Occupancy
(a) Any member who leave the (College' temporarily for
a period of not more than welvd't months may sublet his unit, but
occupancy, the member and all sub-occupants shall 'sign and deliver
to the a Sub-Occupancy Agreement, in the form attached
wishing to sublet must inform thee.o3blege of his desire in writing,
in the form of Schedule :J
(b) No term of sub-occupancy may be than the remaining term
of the original be
approved by to the
letting of Two-Person or In addition, tlie sub-
occupant must become a
35. No Profit
member occupying the room. realized by a member out of
nis right to occupy a room and unit in the College shall be the
e-bllegemay unreasonably withhold its consent to any assigning,
Article VIII
37. Notice Required
(a) A member may terminate his occupancy in by glvlng
in ,,-tlle .f'or
l1l
<of Sc:hedule (I). within the
remain in full force and effect. Upon the expirati,on of the notice
per iod, if the member vacates the unit in accordance with the
notice, his obligations to shall end, but any
137
..
(c) The Board may adjourn the determination of whether .to
force or effect.
in Schedule "H" to this By-law.
I-
Right of Appeal
(a) I f the member or his agent or counsel was present at the
meeting of the Board, he may the decision terminating his
occupancy rights by serving member of the Board, or leaving
to in paragraph 41 (e) I notice setting out the grounds on which he
of the members giving due notice thereof, !?r put the matter on the
the Board, or substitute for its decision any decision which
139
co-operative Corporations Act.

47. Abandonment
notice of intention to withdraw from membership in theG!p1lege on
given to the
which possession is recovered by the db11ege, unleSs written notice
to the contrary is given to the ;Col1ege.
c:Ollege under paragraph 26 shall be deemed to have given notice of
intention to withdraw from membership in the on the day on
the contrary is given to the Cbllege.
49. from Membership
the College's property.or those which may be duly entered into in
the futtlre by the College . The members shall execute any documents
wllich the Cbllege or any lender may deem necessary or desirable to
members shall be deemed to have waived .pnd shall not have any
141
If
By-law No.
Schedule "A"
Membership Policy
dissemination of
programmes; and
of the college and otherwise complementing the functions and
facilities of post-secondary institutions of learning and' co-
possible.
as expressed by the 1966 Congress of the International co-operative
1977.
Be it also noted that, contrary to any which is stated

religious, or racial discrimination in the selection of
(/I members of the College", shall prevail and take precedence.
143
building.
8. The introduction of pets into the college is allowed only
(iv) In granting permission, the Pet Committee shall be guided.
b} Pets are allowed to be kept in two-person and
large dogs.
Committee.
(viii) Pets are not allowed to wandel- in the building or on
the grounds.
animal wastes."
10. Smoking is not allowed in the Elevators, Photo Lab, iWoodshop
145
II
11. consumption of alcoholic beverages is not allowed in the main
except on occasion.
12. Visitors may stay in a memb.er's unit only under the
remain.
of the building.
to this document.
146
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
Neill-Wycik co-operative <tei>']\.ilege, Inc.
hereinafter called the tI@!13;:tlege"
WHEREAS the Member is the occupant of I 96 Gerrard
Street East, in the ci ty of Toronto, (hereinafter called the
"unit"), and the college is the owner of the property, and the
and ending I 19 ____ _
months commencing ,19, and ending
19
3 . The sub-occupying member agrees wi th the Member and the
the said documents are available at the. College office. The
cheque.
e x ~ e n s i o n of change in the term shall be permitted without the
148
By-law No. 9
Schedule "E"
Agreement to Terminate a Sub-Occupancv
"College
ll
, and
____________________ , herein referred to as the "sub-
19 __
I, I the Sub-occupying Member, understand that
Dated this day of
_______________ 1 19 ___
Per:
150
Member (s) :
unit:
By-law No. 9
Schedule IIG"
Occupancy Rights
WHEREAS the Member{s) referred to above was given Notice under the
the Notice; or
breach;
terminated effective , 19 ________ __
unamended.
Per
152
By-law No. 9
agrees to fulfil.
I t ~ e undersigned give formal notice that I will vacate my unit on
________ ------, 19 __ __
day month year
1. Continued payment of the housing charges for my unit until
the date upon which I vacate my unit, of the date specified aBove,
2. Payment of a' fee of $ to cover the Co-operative I s
Foradvertisingmy .'Unit I s availability within the building by
posting notices incommonuarea llsing masking tape only.
new occupant.
Per:
date received
154
By-law No.. 9
Schedule "K"
Request to. Grant Tempcrary Sub-Occupancy Rights
I/We the undersigned member(s) request permissicn to. grant temp-
o.rary sub-cccupancy rights fcr the unit I fcr which I/we ho.ld
the cccupancy rights.
I/We understand that the granting cf said tempcrary sub-cccupancy
rights in no. way relieves me/us cf cur respcnsibilities cf my/cur
I/We further attest that my/cur absence frcm residency in the
ccllege will be no. lcnger than fcur (4) mcnths, and that such
absence will nct extend past the pericd cf expiraticn cf the ;'Lease
menticned herein.
I/We also.. agree to. ccmplete a Sub-Occupancy agreement and to. pay
to. the Co.llege an administraticn fee cf $ ________ _
It is also. understccd that if we pcst nctices cf an available sub-
cccupancy, that such nctices will be affixed to. walls by masking
tape cnly.
It is also. acknmvlecigedthat any sub-cccupant must be a member o.f
the Co.llege, ~ ' f i d in the'case cf tempcrary sub-cccupancy of a twc-
perscncr apartment unit, the member must be apprcved by the
Membership ccmmitteefcr suchcccupancy.
Date tempcrary sub-cccupancy will ccmmence:
Date tempcrary sub-cccupancy will cease:
I hereby grant permissicn fcr the temporary sub-cccupancy requested
abcve, cn behalf cf Neill-Wycik Cc-cperative Ccllege, Inc.
name and pcsiticn date
156
5.:2 3ylaw 20, Replacing 3ylaw 9 and Bylaw 20 - November 9, 1988
to Present
Approved by Members
october 12, 1988
November 9, 1988
amends a variety of wordings based on the advice of the

A (Me:ffibership Policy) rewritten
Schedule B (Rules and Regulations) rewritten
Schedule C (Maintenance Policy) rewritten
Schedule J (Internal Transfer) deleted
BYLAW NO. 20
of
BE IT ENACTED as a Bylaw of NEILL-WYCIK CO-OPERATIVE COLLEGE, INC. I
that Bylaw 9 be repealed in its entirety and the following
substituted therefore:
BY-LAW NO. 9
As Amended by By-law No. 's V12, 13,14..1, 17 ,18 & 20

And whereas by virtue of ontario Regulation 547R.R.O. 1980 Non-
Profit Co-operative Housing Corporations are exempt from part IV
1
Meaning of Unit
Article I
Definitions
occupants of the private accommodations in this grouping.
159
or Room
_n -:'his By-law "roomll shall refer to the private single or shared
accommodation component of a unit or unfurnished units.
Article II
.) . Membership
Board of Directors may accept persons having the qualifications
seL:. forth in the Membership Policy attached here as Schedule II A"
=or membership in the Co-operative. The membership of such persons
earlier.
Admission of Members to Occupancy
a person has been accepted for membership and allocated a
occupancy agreement and make all payments required by the By-laws.
shall be those set out in the Charter, By-laws, Rules and
has signed an occupancy agreement) .
6. Priority
operaL:.ive and any By-laws, resolutions, or policies previously
with this By-law. .
are members (hereinafter called "resident members
ll
). If the Co-
are not members I the relationship between the co-operative and such
160
30ard may direct. The monthly housing charge shall include, but
is not limited to the following:
i1crtgage payments, municipal taxes , electricity, gas water and
sewage ,s<:::s;acf\r i,nsurance, the,:!?uildings assets
only, admlnlstra1:l0n, repalrs and malntenance,
reserves, contingencies, and other items duly approved by the Board
and its standing committees.
Telephone, cable television services, insurance on the member1s
12. Parking Charge
the applicable charge as specified in Schedule "11K" -" Payment arid
Arrears
,-'
his/her unit an amount equal to his/her final month I s housing
last mont::: :f residence of the member, providing the member has
given the due notice in accordance with the By-law,
and does not owe any money to the Co-operative. Otherwise, the
wi th the difference or pay the difference to each member. The
,final month1s charges shall not bear interest.
1..5. Education and Social Activity Fee rlctole-ct
Each member shall pay annually an Education and Social Activity Fee
accordance with By-law No.1, Paragraph 4.
being assessed as a Separate School Supporter, there shall be a
the member's unit.
162
Article V
Use and Behaviour
Units shall be used only as private residences for members and
ueemed appropriate by the Board.

23. Nuisance/Rules and Regulations
,i
Members shall not behave in any fashion that may
interfere with the enjoyment of other members,molest .. annoy
4iharass other members, nor shall they commit or suffer any illegal (.;:> '. "
The Rules and Regulations of the Co-operative are hereto attached
as Schedule "B". The Rules and Regulations of the Co-operative may
be amended from time to time by the Board of Directors to reflect.
the specific needs and concerns of the Co-operative and its i
members.
They shall be observed by all members and the Co-
o:perative. may result in termination and/or non-
renewal of cxdcf.ct.
24. Privacy
except in the, case of emergency or except as set out in
subparagraph (b).
room or unfurnished unit on twenty-four hours written notice
delivery.
Each member shall observe the maintenance responsibilities
wi th respect to his unit and the common elements of the Co-
operative as set out in the Maintenance Policy attached to th,is By-
law as Schedule "c" :,J:hA..hd _ ct.. . _ 4')',!,'
'0---
(3;..
164
Article VI
Allotment of Rooms and Units
The co-operative shall maintain a waiting list of members occupying
~ h e i r units. As suitable units become available, priority shall
accordance with the Membership Policy, (attached as Schedule HAil)
Boa:::-::') .
with the membership policy attached hereto as Schedule "All.
28. Damage by Fire
or casualty.
Cc) If the damage is such that the undt is no longer habitable,
but the Co-operative intends to repair the unit, then the member's
unit when it is repaired, unless in the meantime sjhe has elected
Cd) For a period of up to three months after the fire or casualty,
165
Sub-Occupancy
(a) Any :nember who desires to leave the CC:':'operative temporarily
=or a period of not more than may sublet his/her unit,
hereto as Schedule "D". Prior to the commencement of any term of
sub-occupancy f the member and all sub-occupants shall sign and
deliver to the Co-operative a Sub-Occupancy Agreement,. in the form L-'
attached hereto as Schedule "D" and an Agreement by the sub-
A member wishing to sublet must inform theca-operative of his/her
desire in writing, in the form of Schedule
(b) No term of sub-occupancy may be longer than the remaining
of the original occupancy agreement or four months f whichever comes
first. The sub-os:;cupant must be approved by the Board of Directors
or its delegate.v'The sub-occupant must become a member of theCb;"';
operative.
...-------
35. No Profit
J\
Notwithstanding Section 23 of the Landlord and Tenant Act, the:Cb-
underletting, parting with possession of or disposing of any Unit.
Article VIII
37. Notice Required
1
,(a) A member may terminate his/her occupancy in theCa-operative
right to occupy his/her unit shall terminate at the end
A of the notice period. For all members moving outside tl).e Co-
such notice will be in the form of Schedule (I).
(b) Until the notice period expires, the member'S rights shall
period, if the member vacates the Unit in accordance with the
notice, his/her obligations to the -operative shall end,
167
;n) I= the Board is of the opinion that one of the causes set out
':'n paragraph 38 exists 1 and the member has not remedied or
c:Jmpensated for the breach in accordance T.vi th the notice 1 or it is
in the form attached hereto as Schedule "Gil. Such termination of
(c) The Board' may adjourn the determination of whether to
40. Right of Appeal
of the s/he may. the
occupancy by .the or any member
of the notice referred to in paragraph 39(e), setting out
charges.
(b) On receipt of such notice, the President shall call a meeting)
days,.>.Dr more as set out in the co-operative Corporations Act,
se6tion75,.or put the matter on the agenda for the next members'
meeting. .
.
169
";'4. No 'I'er:nination af Occupancy Wit.hout Withdrawal
No member :nay terminate his/her occupancy rights in the Co-
under paragraph 37 without also withdrawing from
membership in the Co-operative and the delivery of a notice of
t.ermination under paragraph 37 of this By-law shall be deemed to
be the delivery of a notice of intention to withdraw from
membership under section 64 of The Co-operative Corporations Act.
(p) A member who surrenders his/her occupancy rights (under this
paragraph) but wishes to remain a member, must re-apply in writing
at the time of giving notice, without additional charge for the
membership year.

45. Abandonment
Any member who has abandoned his/her unit will be deemed to have
given notice of intention to withdraw from membership in the
operative on the day of abandonment unless written notice to the
contrary is given to the
Article IX of this By-law shall be deemed to have given notice. of
intention to withdraw from membership in the co-operative on the
day on which possession is recovered by the Co-operative, unless
48. Subordination
the I s property or those which may be duly entered into
in the future by the The members shall execute any
171
President secretary
President secretary
.,
173

3y-2.aw :.To. /-
Sc.!:ledule !'A"
?OLICY
:1ember in arrears and is prompt in making payments as
due (in accordance with Schedule 11;(").
;tIember must participate in the activities of the co-operative,
in accordance with Paragraph 10, By-law 9.
conduct him/herself in accordance with Paragraph
"B", By-law 9.
d illember's status in relation to the above definition of a
.tri;;:good standing
ll
may affect his/her options in regards to lease
renewal and priority on internal waiting list for unit transfer.
In accordance with Paragraph 26, the Board's delegate shall
waiting list in accordance with the Membership Policy, but
30ard or its delegate may either depart from the order on the
internal '.vaiting list or the external waiting list or give a
illember on the internal waiting list, if slhe feels there is good
Board) .
Furnished Units
Requ$sts for room transfers in the furnished units will be dealt
with according to:
1. Date of Request
2. Gender
waiting list:
1. Gender
3. Pets
4. Personal Compatibility
possible 1 the uni tmate have opport:'..mi ":y to
::r:>m the ?Naiting list candidates. UI t.i:ilatal-:l', -:'he uni --:::7late
may be done by the Board's delegate.
Units
will be allocated on the following basis:
1. Internal student couple
2. External couple (at least one of them a full time
student)
3. Two internal students sharing apartment
4. Internal single student
5. Two external students sharing apartment
6. External single student
External waiting List
priority on the external waiting list is determined by:
resident of a room has first option to renew the
lease.
2. Date of application. Applications for September
must be received by the date determined by the Board
to maintain priority status as a returning member.
I. Date of application. First come, first serve.
2. Out of province students may be given preference
based on direction of the Board.
Members without Occuoancy Rights
To retain membership status f the member must make application
In accordance with Paragraph 34 or 44b a member who surrenders
his/her occupancy rights must state in writing at the time of
giving notice his/her intention to maintain membership for that
members' ear if so desired by the memb
By-law No.1, Paragraph 3, namely: lIThere shall be no political,

175
be kept current as necessary for each pet and proof I
be available to the office. /
Tr:-e pet owner must maintain hi.s/her pet's. (
tlons In a manner such that the does not lnterrere j.
ing or on the grounds. j
animal wastes.
areas.
for reasons other than extinguishing a fire,
.eliberately starting a fire, blocking fire exits or impeding
fire procedures will not be tolerated, and criminal
may be laid.
177
3ETWEEN:
-and-
-and-
By-law No. 9
Schedule "0"
hereinafter called the "Co-operative
ll
hereinafter called the "sub-occupying member
ll
WHEREAS the Member is the occupant of
, 96 Gerrard
St:reet East [ in the city of Toronto, (hereinafter called the
"unit"), and the co-operative is the owner of the property, and
has consented.
19 ____ , and ending
[ 19 ____ .
months commencing
T 19 ___ , and ending
,
19 __
operative to observe all the terns of and to perform all the
co-operative (insofar as they are applicable to him/her) and to
pay to the Co-operative the monthly housing charge of $
or
A copy of the said documents are available at the co-operative
extension of change in the term shall be permitted the
179
By-law No. 9
Schedule "E"
l1Co-operative
ll
, and
_________________________ 1 herein referred to as the "sub-
occupying :nemberll, hereby agree to terminate the sub-occupancy with
respect to the premises known as unit , 96 Gerrard Street
19
I :nust deliver up vacant possession and occupation of the premises
Dated this day of
________________ , 19 ____ .
Per:
181
By-law .::ro. 9
Schedule lIG"
B01\RD OF DIREC'='ORS TERMINATTNG OCCUP.z..NCY RIGH'I'S
:1ember (s) :
unit:
the Notice;or
AND w"'HEREAS the Breach mentioned in the Notice is a repeated
breach;
Be it resolved that the occupancy rights of the Member (s) be
terminated effective
______________________ , 19 __________ _
day of _________________ , 19
at a meeting of the
Mernber(s) I which Resolution remains in full force and effect
unamended.
Neill-Wycik co-operative College, Inc.
Per
183
By-law No. 9
Schedule "III (External)
agrees to fulfil.
__________________ , 19 __ __
month
day
year
I
I the undersigned, understand that I will be responsible for the ..

'/ / ""'-J I
1. continued payment of the housing charges for my unit until the 0
2. of a fee of $
to cover the Co-operative
1
s
expense in connection with this transfer of
new occupant.
member
unit
date
Per:
-------------------------------------
date received
185
U
i -
.-' ,
6
/1,A
,/ \
: " '\
: OJ
V
PAYMENTS .'lliD ARREARS POLICY
In ~ ~ e interests of ensuring prompt payment of housing charges and
d ~ ~ C ~
T
(a)
Pavments
~ d1
Payments must be made by cheque or money order. Cash will not
or money order. ~
-
respective month.
immediately.
( i ~ i ) Housing charges for two-person and apartment units are
to one member only.
deposit.
(d) In accordance with Schedules liD" and "I", administrative fees
(e) In accordance with Article III, Paragraph 12, parking
payments are payable by the term, and are due on the 15th of
the preceding month.
187
5. BYLAW 9/20 AND AMENDING BYLAWS
5.1 original Bylaw 9 - November 14, 1979 to November 12, 1980
Approved by Members
August 29, 1979
November 14, 1979
BY-LAW NO. 9
Be it enacted as a By-law of Neill-Wycik co-operative College Inc.,
1. Meaning of Unit
Article I
Definitions
2. Meaning of Room
Article II
.,
3. Membership
2
Article III
9. Payments
occupancy)
Parking charge

10. Participation
of service to the college, choosing his own area of involvement
sewage service, insurance on the buildings I and College assets
(b) The monthly housing charge shall no! include the
own personal property, personal liability insurance for
12. Monthly Parking charge
If a parking space is allocated to a member, the member ?hall pay
4
18. Budget
If, during a fiscal year, the Board feels that a'change in housing
paragraph 20.
Article V
Use and Behaviour
Board,spe9ifically deems appropriate to the purposes of the
"
,'. . W 0\cL-,\:
22. Nuisance J
Members shall not behave in any fashion that m_?..Y ... t;w.,!;;easonably
interfere with the, enjoyment of other they
any be committed within the unit or on the common
elements .S.rGuidelines for behaviour are found in the rules and
here to attached as schedule "B".
j , , 2-'2...-
0
'Ii <.r"'
The Rules and Regulations of the college'"'Shaii"be';the:'q{ules and
6

(f) The College shall provide a stove and in
(g)' At the end of a member's occupancy of a unit, he shall leave
Article VI
The college shall maintain a waiting list of members occupying
be given to persons on t e internal waiting list in accordance with
the Membership Policy ut either
depart from the order 0 the internal:&'wa:ltng -list or the external
In allotting uni.ts to new members and changing units within the
College, the Metnber9hip shall act in accordance with the
28. Damage by Fire
(a) If any unit in the College is damaged 'by fire or other
terminated and charges shall cease effectiye the day of the fire
or casualty. .
another unit.
8

oo"o'''''.c---,o-:;o:,;,;-.",o

WJ. thdraw from roem
his unit.
34. Sub-Occupancy
(a) Any member who desire,s to . leave the College temporarily for
a period of not more may sublet his unit, but
(b) No term of sub-occupancy may be than the remaining' term
.
... the .. _. --'
'.
35. No Profit
any sub-occupant any amount greater than the charge :paYCi.bleby a
member,Qccupy ing thE} roc>Iu,< .. :N2-Y;
hiE) <.,;J:' il:lt;,_.,to .. , 0901,1 ..... a .room/and>uiii t""'."t'-'tne
2
college'snal1 . be" the
"
College may unreasonably withhold its consent to any
Article VIII

37. Notice Required
(a) A member may terminate his occupancy ln the College by
bnemonth"snetice in writing with the one month ending on the day
preceding a day for payment of monthly charges. The member's right'1
to occupy his unit shall terminate at the end of the one month-
notice period. For those members moving outside the College, suq!!,.!U
notice will be in the form of Schedule (I). For members movfng
(b) Un.til {'slip", the member's rights and ob:\.igations .
0;',0. ,
10
in: paragraph 39 exists, and the member has not remedied or
,but normally at least ten days after the meeting.
Cd) If it sees fit, the Board may terminate a member's occupancy
resolution terminating his occupancy rights shall be of-no further
force or effect.
the unit normally within two days following the meeting
4?. Right of APpeal
(Cl) I f the member or his agent or counsel was present at the
meeting of the Board, he may the decision terminating his
occupancy rights by serving oITlahy member of the Board, or leaving
at the office within five days-of delivery of the notice referred
unless his occupancy rights were terminated because he was
(b) On receipt of such notice, the President shall call a
of the members giving due notice thereo1f 9r.put the matter on the
........--
the Board, or SUbstitute for its decision any decision which could
12

47. Abandonment
50. Subordination
the college's property or those which may be duly entered into in
the future by the The members shall execute any documents
members shall be deemed to have waived shall not have any
52. Time
Time shall be of the essence of this By-law and the of
14

By-law No. 9
Schedule "A"
Membership Policy
dissemination of knowledge; , '
To co-operatively establish .and carryon scholarship and research
programmes; and
facilities of post-secondary institutions of learning and' co-
possible.
its programmes and facilities; ,
programmes'of the College;
passed the ..
--._. .. . .:..:.:.. ....... . .. ,.A .. ,. ..""' .. ' . ;,;;,:.". <;.: .
Be it also noted that, contrary to any which is stated
16
..
into, or cause to be brought into the building, or use while
in the building or on the grounds, or use while in the
weapons. _
7. Screens shall not be removed from any window-in the building.
8 The introduction of pets into the college is allowed only
(i) Before a pet is brought into the building, the Pet
building.
(iv) Fur bearing animals are allowed only in the Two-person
cats and dogs.
(vii) cats must be neutered or spayed, as appropriate, at the
proper age.
the grounds.
garbage chute.
except on occasion.
remain.
of the building.
13. Rules and regulations regarding the use and/or of
18
By-law No. 9
Schedule "C"
Maintenance Policy
Since the college is based on the principle
since the College's
the majority of its
the puilding be kept
responsibility under this pOlicy; and
Board.
.,
20

By-law No. 9
Schedule "E"
Neill-Wycik Co-operative college, Inc., herein referred to as the
"College", and
___ -..,-_,_-----------, herein referred to as the "sub-
respect to the premises known as unit , 96 Gerrard
_________ , ~ 9 - - - -
I, , the Sub-occupying Member, understand'that
Dated this day of
_________ , 19 ____ .
Per:
.,
23

Member (s) :
unit:
By-law No. 9
Schedule "G"
Occupancy Rights
the Notice; or
breach;
,. .
CERTIFIED to be a true copy of a of the Board of
Directors of Neill-Wycik College, Inc. passed the
unamended.
Per
25
By-law No. 9
agrees to fulfil.
_____________ , 19 __ __
month day year
.1. continued payment of the housing charges for my unit until
2. Payment of
administrative

cJY

\ .. ):'. . ..
4. For leaving
new occupant.
a fee of $ to cover the Co-operative's
expense in connection with this transfer of
as outlined in (1) above
. i
my unit in a clean and orderly condition for the
member's signature unit
,
date
Per:
date received
27
..
By-law No. 9
Schedule "K"
rights in no way me/us of our responsibilities of my/our
mentioned herein.
I/We also agree to complete a sub-Occupancy agreement and to pay
to the College an administration fee of $ ______ __
occupancy, such notices will be affixed to walls by masking
tape only.
It is also acknowledged ,.tbat.any, must be a member of
..
Membershl.pCbmml. ae for such . occupancy .. '
above, on behalf of Neill-Wycik Co-qperative College, Inc.
29
-
'
I .
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BY-LAW NO.2
A BY-LAW RESPECTING THE BORROWING OF MONEY AND THE ISSUE OF SECURITIES BY
BE IT ENACTED by the Directors of NEILL-WYCIK COLLEGE INC. t as a By-law of the
said College as follows:
The Directors of the College may from time to time:
1.
Borrow Money
2.
Acquire Funds
3.
Provide Security
Borrow money upon the credit of the College in such
amounts and upon such terms as may be deemed
necessary
Issue bondst debenturest debenture stock or other
securities of the College for its lawful purposest for
such amounts and upon such terms as may be
deemed expedient and pledge or sell the same for
such sums and at such prices as the Directors shall
determine.
Hypothecatet mortgaget charge or pledge all or any
of the real and personal t moveable or immovablet
property undertaking and rights of the College
t
present or futuret to secure any such bonds
t
debenturest debenture stock or other securities or
any money borrowed or any other liability of the
College.
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BYLAW 2 PAGE 1
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Organizational By-law
BY-LAW No. 34
BE IT ENACTED as a by-law of NEILL-WYCIK CO-OPERATIVE COLLEGE INC. (the "Co-operative") that By-
law 31 and all other by-laws relating to the organization of the co-operative are hereby repealed in their entirety
and the following substituted therefore:
BY-LAW 34
A BY-LAW RELATING GENERALLY TO THE
ORGANIZATION OF THE CO-OPERATIVE
PAGE 1
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1. HEAD OFFICE
Article 1:
1.1
Head Office
BY-LAW 34
HEAD OFFICE
The head office of the Co-operative shall be in the City of Toronto,
in the Province of Ontario, and at such place therein as the Board
of Directors may from time to time determine.
PAGE 2
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2. MEMBERS
Article 2: MEMBERS
2.1
Who May Be a Member
2.2
Right to Occupy
2.3
No Discrimination
2.4
Educational and
Social Activities Fee
2.5
Termination
BY-LAW 34
Membership is open to all applicants deemed acceptable as
outlined in the By-laws, especially the Occupancy By-law, and
Regulations of the Co-operative.
Members thus accepted may be offered the right to occupy
residential space within the Co-operative by Occupancy
There shall be no political, religious, or racial discrimination or
discrimination based on sexual orientation in the selection of the
members of the Co-operative.
Each member shall pay annually an Education and Social
Activities Fee. The amount of this fee shall be determine from
time to time by the membership on the recommendations of the
Board of Directors.
Termination of membership shall be pursuant to section 64 (by the
member) and section 66 (by the co-operative) of the Co-operative
Corporations Act, unless the member has occupancy rights in
which case terminations shall be pursuant to section 171.8.
PAGE 3
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3. DIRECTORS
Article 3: DIRECTORS
3.1
Number of Directors
3.2
Election of Directors
3.3
Term of Directors
3.4
No Staff as Directors
3.5
Vacancies
BY-LAW 34
The affairs of the Co-operative shall be managed by a Board of
twelve (12) Directors each of whom at the time of election shall be
a prior and continuing member in good standing of the
Co-operative.
The annual election of Directors shall be held at the Annual
General Meeting. The election shall be by ballot. The Board of
Directors may open nominations prior to the annual General
Meeting. Candidates nominated prior to the Annual General
Meeting must be nominated in writing by ten (10) member of the
Co-operative. Candidates nominated at the meeting will be write-
in candidates on the Ballot.
The normal term of office will be two years, with six (6) directors
elected each year. Where there are more than six (6) vacancies
- because of resignation, removals or otherwise - the six (6)
candidates elected with the highest vote totals will receive two-
year terms and the remaining elected candidates will receive one-
year terms.
No full-time permanent staff member or employee of the security
department may be elected to, appointed to, or sit on the Board as
a Director. No Directors may apply for paid employment with
Neill-Wycik while they are a member of the Board.
Where a vacancy exists on the Board of Directors and a quorum
of the directors remain in office, the directors may appoint any
qualified person to fill the vacancy until the next annual election of
directors. At the discretion of the Board of Directors the vacancy
may be filled by by-election at a general meeting of members duly
called for that purpose prior to the next annual election of
directors. If no quorum of directors remains in office, then the
remaining directors shall forthwith call a general meeting of
members to fill the vacancies.
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3. DIRECTORS
3.6
Removal of a Director
BY-LAW 34
(a) The board can recommend removal
All members of the Board of Directors are obligated to attend
meetings of the Board. Failure by a Director to attend three (3)
meetings of the Board disqualifies the Director from continuing as
a Director unless the Board excuses such absence by resolution.
The board can also recommend that the members remove a director
if the director
has broken the confidentiality rules in Article 3.16 of this
By-law
has not carried out the other responsibilities of a director, or
o has not carried out the responsibilities of a member or has
broken the co-op's by-laws.
The board must give written notice to the director of the board
meeting held to discuss the recommendation.
The notice must state:
1. the time and place ofthe meeting, and
11. the reasons for the recommendation.
Notice must be given to the director at least seven days before the
meeting. The director can appear and speak at that board meeting.
The board decides and votes on the recommendation without the
director present.
PAGE 5
3.7
Quorum
3.8
Meetings
BY-LAW 34
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(b) Right of appeal
A director may appeal the decision of the board to remove them by
leaving at the office a notice of appeal within seven days of the
decision. Upon receipt of such notice, the board shall call a
meeting of the members with proper notice; said meeting must be
at least fourteen days after the board received the notice of appeal.
At such meeting, the member who has been removed from the
board may appear and make representations to the meeting. By
majority vote, the meeting may confirm or set aside the decision of
have been made by the board.
If the members' meeting is duly called and fails to pass a
resolution changing the decision of the board or if a quorum is not
present, the decision of the board shall be deemed to have been
confirmed.
No member shall offer incentives, monetary or otherwise, for
attendance at an appeals meeting.
Fifty-percent + one (50%+1), with a minimum of five (5) of
current sitting directors shall form a quorum for the transaction of
business.
(a) Except as otherwise required by law, the Board of
Directors may hold its meetings at such place or places as
it may from time to time determine.
(b) No formal notice of any such meeting shall be necessary if
all the Directors are present, or if those absent have
signified their consent to the meeting being held in their
absence.
(c) Directors' meetings may be formally called by the
President or Vice-President, or by the Secretary on
direction in writing by two (2) Directors. Notice of such
meetings shall be delivered, telephoned, telegraphed, or
communicated electronically to each Director not less than
PAGE 6
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3. DIRECTORS
3.9
Attendance of Members
3.10
Errors in Notice
3.11
one day before the meeting is to take place or shall be
mailed to each Directors not less than two days before the
meeting is to take place. The statutory declaration of the
Secretary or President that notice has been given pursuant
to this by-law shall be sufficient and conclusive evidence of
the giving of such notice.
(d) The Board may appoint a day or days in any month or
months for regular meetings at an hour to be named and of
such regular meeting no notice need be sent.
(e) A Directors' meeting may also be held, without notice,
immediately following any General Meeting of the Co-
operative.
(f) The Directors may consider or transact any business either
special or general at any meeting of the Board.
(a) Subject to subsections (b) and (c), a meeting of the Board
shall be open to the members and prior notice shall be
given to the members in such manner as the Board shall
determine and not person shall be excluded from a
meeting except for improper conduct as determined by the
Board.
(b) Where matters confidential to the Co-operative are to be
considered, the part of the meeting concerning such
matters may be held in camera.
(c) Where a matter of a personal nature concerning an
individual may be considered at a meeting, the part of the
meeting concerning such an individual shall be held in
camera unless such individual requests that that part of the
meeting is open.
No error or omission in giving notice for a meeting of Directors
shall invalidate such meeting or invalidate or make void any
proceedings taken or had at such meeting and any Director may
at any time waive notice of such meeting and may ratify and
approve of any or all proceedings taken or had thereat.
BY-LAW 34 PAGE 7
Voting
3.
3.12
Powers
3.13
Remuneration
3.14
Liability
BY-LAW 34
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DIRECTORS
- Questions arising at any meeting of Directors shall be decided by
a majority of votes. In a case of an equality of votes, the
Chairperson, in addition to her/his original vote, shall have a
second or casting vote. All votes at any meeting shall be taken by
ballot on demand by any Director present, but if no demand be
made, the vote shall be taken in the usually way by assent or
dissent. A declaration by the Chairperson that a resolution has
been carried and an entry indicating the number of assents and
dissents and abstentions in the Minutes shall be admissible as
prima facie proof of the fact. If so demanded by any Directors
present, the vote shall be recorded in the Minutes indicating the
names of the Directors present and the manner in which each
Directors voted on a particular item. The right to a secret ballot on
demand by a Directors shall at all times take precedence. In the
absence of the President, her/his duties may be performed by the
Vice-President or such Directors as the Board may from time to
time appoint for such purpose.
The Directors of the Co-operative may administer the affairs of the
Co-operative in all things and make or cause to be made for the
Co-operative, in its name, any kid of contract which the Co-
operative, may lawfully enter into, and save as hereinafter
provided, generally, may exercise all such other powers and to all
such other acts and things as the Co-operative is by its charter or
otherwise authorized to exercise and do.
The Directors shall receive not remuneration for acting as such.
No Director or officer of the Co-operative shall be liable for the
acts, receipt, neglects or defaults of any other Directors or officer,
or for any loss or expense happening to the Co-operative through
the insufficiency of title to any property acquired by order of the
Board for or on behalf of the Co-operative or for the insufficiency
or deficiency of any security in or upon which any of the monies of
the Co-operative shall be invested, or for any loss or damage
arising from the bankruptcy, insolvency, or tortuous act of any
person with whom any of the monies, securities or effects of the
Co-operative shall be deposited, or for any loss occasioned by
any error of judgment or oversight on his/her part, or for any other
loss, damage, misfortune whatever which shall happen in the
execution of the duties of her/his office or in relation thereto unless
PAGE 8
3.15
Indemnity
3.
3.16
Confidentiality of
Board Proceedings
BY-LAW 34
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DIRECTORS
the same shall happen through her/his own dishonesty, except as
otherwise provided by law.
Every Director or officer of the Co-operative and his/her heirs,
executors and administrators, and estate and effects respectively
shall, from time to time, and at all times, be indemnified and saved
harmless out of the funds of the Co-operative, from and against:
such Director or officer sustains or incurs in or about any
action, suit or proceeding which is brought, commenced or
prosecuted against her/him, for or in respect of any deed,
by him/her, in or about the execution of the duties of his
office;
(b) All other costs, charges and expenses which he/she
sustains or incurs in or about or in relation to the affairs
occasioned by his/her own willful neglect or default.
(a) All directors shall keep confidential
all matters considered by the Board
or coming to their notice or attention
as directors which are of a
confidential or private nature. Such
matters shall include personal
infonnation of individual members
or staff and infonnation relating to
the business of the Co-op where
secrecy is appropriate to preserve the
Co-op's position against third
parties.
(b) If any officer, employee, or other
member of the Co-op is present at a
Board meeting where confidential
matters are considered and becomes
aware of such confidential
information, such person shall have
an obligation to keep such
PAGE 9
BY-LAW 34
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information confidential and not to
communicate it to anyone else.
( c) The minutes of the Board meeting
shall include details of all items of business discussed.
However, details of confidential matters shall not be
included in copies of the minutes circulated to members or
posted in a public place.
(d) The Board of Directors will
determine the consequences should
any officer, employee or other
member of the Co-op disclose
confidential information.
PAGE 10
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4. OFFICERS
Article 4:
4.1
Definition
4.2
OFFICERS
Appointment of Executive
4.3
General Manager as Officer
4.4
DUTIES OF OFFICERS
4.4.1
Duties of President
And Vice President
There shall be a President, a Vice-President, a Secretary, a
Treasurer, a Member Liaison Officer and a General Manager, and
such other officers as the Board of Directors may determine from
time to time.
The President, the Vice-President, the Secretary, the Treasurer
and the Member Liaison Officer shall be elected by the Board of
Directors from among their number at the first meeting of the
Board after the election of such Board of Directors, provided that
in default of such election the then incumbents being members of
the Board, shall hold office until their successors are elected.
The General Manager shall be approved by the Board of Directors
and will not herself/himself be a Directors nor voting member of
the Finance Committee and shall hold office at the pleasure of the
Board.
(a) The President shall, when present, preside at all meeting
of the members of the Co-operative and of the Board of
Directors.
(b) The President shall supervise the general management of
the affairs and operations of the Co-operative, between
meetings of the Board of Directors. This supervision to be
carried out via the General Manager whenever possible.
(c) The President with the Secretary or other officer appointed
by the Board for the purpose shall sign all by-laws.
(d) During the absence or inability to act of the President
his/her duties and powers may be exercised by the Vice-
President, and if the Vice-President, or such other
Directors as the Board may from time to time appoint for
the purpose, exercises any duty or power, the absence or
thereto.
BY-LAW 34 PAGE 11
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4. OFFICERS
4.4.4
Duties of
Member Liaison Officer
4.4.5
Duties of
General Manager
(a)
(a)
The Member Liaison Officer is the primary liaison person
with the membership to communicate Board objectives and
gain member feedback on those objectives. The MLO
plans board social and educational events, ensure that
communication vehicles within the building are functioning
efficiently and oversees the membership committee.
He/She shall also perform such other duties as may from
The Board may delegate to the General Manager such
power and authority to manage and direct the affairs of the
Co-operative (except such matters as must by law be dealt
with by the Board of by the members in a general meeting)
and to employ and/or discharge employees and/or agents
of the Co-operative in keeping with the policies and
budgets approved by the Board.
(b) The General Manager shall conform to all lawful orders
given to her/him by the Board and shall give to the
Directors or any of them all information they may
reasonably require regarding the affairs of the Co-
operative.
(c) Any agent or employee appointed by the General Manager
shall be subject to discharge by the Board.
BY-LAW 34 PAGE 13
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5. COMMITTEES
Article 5: COMMITTEES
5.1
Establishment of ...
5.2
Duties and Functions ...
BY-LAW 34
The Board may from time to time establish such committees as, in
the opinion of the Board, are necessary to administer the affairs of
the Co-operative.
The constitution, duties and functions of all committees shall be
determined from time to time by regulation.
PAGE 14
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6. EXECUTIVE COMMITTEE
Article 6: EXECUTIVE COMMITTEE
6.1
Who Comprises the
Executive
6.2
Powers of the
Executive
6.3
Quorum for
Meetings
6.4
Location of Meetings
6.5
Recording of
Minutes
BY-LAW 34
During the intervals between the meetings of the Board of
Directors, the affairs of the Co-operative shall be managed by an
Executive Committee of five Directors consisting of the President,
Vice-President, Secretary, Treasurer and the Member Liaison
Officer of the Co-operative.
The Executive Committee shall possess and may exercise
(subject to any regulations which the Directors may from time to
time impose) all the powers of the Board of Directors in the
management and direction of the affairs of the Co-operative (save
and except only such acts as must by law be performed by the
Directors themselves) in such manner as the Executive
Committee shall deem in the best interests of the Co-operative in
all cases in which specific directions shall not have been given by
the Board of Directors.
Subject to any regulations imposed from time to time by the Board
of Directors, the Executive Committee shall have power to fix its
quorum at not less than a majority of its members and may fix its
own rules of procedure from time to time.
Meetings of the Executive Committee may be held at the head
office of the Co-operative or at any place in or outside of Ontario.
Meetings may be held in conference by telephone provided all
parties may fully participate as specified in the Co-operative
Corporations Act {subsection 94(3)}.
The Executive Committee shall keep minutes of its meetings in
which shall be recorded all action taken by it, which minutes shall
be submitted as soon as practicable to the Board of Directors.
PAGE 15
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7. MEETINGS OF MEMBERS
Article 7: MEETINGS OF MEMBERS
7.1
Location
7.2
ANNUAL MEETING
7.2.1
Definition and
Purpose
7.2.2
Distribution of Notice
7.3
Notice for Meetings
7.4
QUORUM
7.4.1
Definition
BY-LAW 34
The annual or any other general meeting of the members of the
or elsewhere in the City of Toronto, Municipality of Metropolitan
Toronto as the Board of Directors may determine and on such day
as the said Directors shall appoint.
The annual meeting shall be held for the purpose of receiving the
report of the Directors, the financial statements, and the report of
the auditors, electing Directors (in accordance with Article
3:Directors), appointing Auditors and fixing or authorizing the
Board to fix their remuneration, and for the transaction of such
other business as may properly be brought before the meeting.
The notice for the annual meeting must be posted and circulated
twenty (20) days before the annual meeting.
Notice of the time and place of every member's meeting, annual
or general, shall unless all the members entitled to notice of the
meeting have waived in writing the notice, be given either by
sending the notice to each member by mail, telegraph, or
electronic communication provided that any meeting of members
may be held at any time and place without such notice if all the
members of the Co-operative are present thereat and at such
meeting any business may be transacted which the Co-operative
at annual or general meetings may transact. Notice for meetings
other than the annual meeting shall be ten (10) days or more, at
the discretion of the Board, as set out in the Co-operative
Corporation Act, section 75.
A quorum for the transaction of business of any general meeting
of members shall consist of not less than ten (10) percent of the
total Co-operative membership.
PAGE 16
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7.4.2
Quorum not Obtained
7.4.3
Notice of an Adjourned
Or Rescheduled Meeting
7.S
Errors in Notice
7.6
Requisition of
Meetings by Members
BY-LAW 34
If, at any general meeting of the Co-operative, a quorum is not
present within the time determined at the discretion of the
Chairperson following the time for which the meeting is called, the
Chairperson shall adjourn the meeting to a date not less than
twelve (12) days and no more than fifteen (1S) days thereafter
and the decisions of the said adjourned meeting shall be binding
upon the Co-operative regardless of the number of members
present.
Notice of an adjourned and reschedule general meeting shall be
provided as in Article 7: Meetings of Members, section 7.3 For
general meetings other than the annual meeting the Chairperson
may cancel the general meeting rather than adjourning it to a later
date.
No error or omission in giving notice of any annual or general
meeting to the members of the Co-operative shall invalidate such
meeting or make void any proceedings taken or had thereat and
any member may at any time waive notice of any such meeting
and may ratify, approve and confirm any or all proceedings taken
or had thereat.
(a) The Board shall, upon requisition in writing, signed by not
less than five (S) percent of the members of the Co-
operative, which requisition shall state the general nature
of the business to be presented at the meeting, requisition
a general meeting of the members of the Co-operative in
accordance with the requirement of notice in Article 7:
Meetings of Members, section 7.3
(b) If the Board of Directors does not, within twenty-one (21)
days from the date of the requisition which was received,
proceed to call a general meeting of the members of the
Co-operative, then anyone of the requisitionists may call a
general meetings in accordance with the requirements for
notice in Article 7: Meetings of Members, section 7.3,
which meeting shall be held within sixty (60) days form the
date the requisition was received.
PAGE 17
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7.7
Voting
BY-LAW 34
(a) Each member of the Co-operative shall at all annual or
general meetings of the members be entitled to one (1)
vote.
(b) At all annual or general meetings every question shall be
decided by the majority of the votes of the members
present unless otherwise required by the by-laws of the
Co-operative, or by the Co-operative Corporations Act.
(c) In the case of a tie vote, the Chairperson of the meeting
may vote a second time.
PAGE 18
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8. FINANCE
Article 8: FINANCE
8.1
Fiscal Year
8.2
Borrowing Powers
Of Directors
8.3
Borrowing Powers
Of Others
8.4
Reserve Fund
The fiscal year of the Co-operative shall terminate on December
31.
The Directors may from time to time:
(a) issue, seal or pledge securities of the Co-operative;
(b) borrow money on the credit card of the Co-operative;
(c) charge, mortgage, hypothecate or pledge all or any of the
liability of the Co-operative.
or employee of the Co-operative or any other person to make
loan thereof, and as to the securities to be given therefore, with
and to give such additional securities for any monies borrowed
due to the Co-operative as the Directors may authorize, and
by the Co-operative.
(a) The Board shall at its discretion, allocate such amount as it
deems fit at the end of each year toward a reserve known
as the contingency reserve, to take care of unexpected
expenses.
(b) Any surplus arising from the business of the Co-operative
in each fiscal year shall be set aside by the Co-operative
as a reserve fund.
(c) Such reserve shall not be paid or in any way distributed to
members, but shall be applied for such purposes as are
not inconsistent with the Letters Patent as amended and
the Co-operative Corporations Act.
(d) The Co-operative may invest all or part of the reserve fund
in such investments as it thinks fit from time to time, deal
with and vary such investments and dispose of all or part
thereof for the benefit of the Co-operative.
BY-LAW 34 PAGE 19
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8.5
Insurance
8.6
Bond
8.7
Execution of Documents
8.8
Cheques, etc.
BY-LAW 34
The Directors shall insure against fire at all times all building and
other assets of the Co-operative to their full insurable value and
protect the Corporation against public liability insofar as is
reasonable.
(a) Every officer or employee of the Co-operative who has
charge of or handles money or securities belonging to the
Co-operative shall be bonded with a surety company
selected by the Board for such an amount as may from
time to tome be prescribed by the Board, but in no case
for any amount less than One Thousand Dollars ($1000).
(b) The Board may prescribe that any other employee of the
Co-operative shall be bonded in such an amount as the
(a) Contracts, documents or any other instrument in writing
requiring the signature of the Co-operative may be signed
by the President or Vice-President, and the Secretary or
Treasurer, and all documents, contracts and instruments in
writing so signed shall be binding upon the Co-operative
without any further authorization of formality.
(b) The Directors shall have the power from time to time by
resolution to appoint any officer or officers, person or
persons, on behalf of the Co-operative either to sign
contracts, documents and instruments in writing generally
or to sign specific documents, contracts or instruments in
writing.
(a) All cheques, bill of exchange or other orders for the
payment of money, notes or other evidences of
indebtedness issued in the name of the Co-operative, shall
be signed by such officer or officers, agents or agents of
the Co-operative and in such a manner as shall from time
to time be determined by resolution of the Board and any
one of the officers or agents may alone endorse notes and
drafts for collection on account of the Co-operative through
its bankers, and endorse notes and cheques for deposit
with the Co-operative's bankers for the credit of the Co-
operative, or the same may be endorse "for collection" or
"for deposit" with the bankers of the Co-operative by using
the Co-operative's rubber stamp for the purpose.
PAGE 20
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8.9
Deposit of Securities
For Safekeeping
8.10
Spending and Investment
Policy
BY-LAW 34
(b) Anyone (1) of such officers or agents so appointed may
arrange, settle, balance and certify all books and accounts
between the Co-operative and the Co-operative's bankers
and may receive all paid cheques and vouchers and sign
all the bank's forms or settlement of balances and release
or verification slips.
(a) The securities of the Co-operative shall be deposited for
safekeeping with one or more credit unions, banks, trust
companies or other financial institutions to be selected by
the Board.
(b) Any and all securities so deposited may be withdrawn,
from time to time, only upon the written order of the Co-
operative signed by such officer or officers, agent or
agents, of the Co-operative and in such manner, as shall
from time to time be determined by resolution of the Board
an such authority may be general or confined to specific
instances.
(c) The institutions which may be so selected as custodians of
the Board shall be fully protected in acting in accordance
with the directions of the Board and shall in no event be
liable for the due application of the securities 0 withdrawn
from deposit or the proceeds thereof.
Purchasing and investments shall be governed in accordance with
the guidelines attached as Schedule "A".
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9. REGULATIONS
Article 9: REGULATIONS
9.1
Regulations
9.2
Emergency Mitigation
BY-LAW 34
The Board, in the interest of the membership, may prescribe
management and operation of the Co-operative and may amend
or suspend such Regulations.
The Board will ensure that an emergency mitigation and recovery
plan is in place. This process shall be governed in accordance
with the guidelines attached as Schedule "B".
PAGE 22
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10. BOOKS AND RECORDS
Article 10: BOOKS AND RECORDS
10.1
Books and Records The Directors shall see that all necessary books and records of
the Co-operative required by the by-laws of the Co-operative or by
law are regularly and properly kept.
BY-LAW 34 PAGE 23
11.
Article 11:
11.1
Gender
11.2
Languages
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INTERPRETATION
INTERPRETATION
In these by-law and in all other by-laws of the Co-operative
include the plural number of the feminine gender, as the case may
be, and vice versa.
All records may be kept in either French or English but need not
be kept in both. Either language may be used in any Co-operative
matters.
Approved by the Board of Directors at a duly called meeting on March 11, 2002.
Confirmed by at least two-thirds of the votes cast at a General Meeting of the Members on March 13, 2002.
Amendment to Article 3.7 approved by at least two-thirds of the votes cast at a General Meeting of the
Members on March 19, 2008.
Amendment to Article 9 approved by at least two-thirds of the votes cast at a General Meeting of the Members
on March 26, 2009.
Members on March 25, 2010.
Members on March 28, 2012
BY-LAW 34 PAGE 24
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By-Law No. 34
Schedule "A"
SPENDING AND INVESTMENT POLICY
INTRODUCTION
Management of spending and investment rests with the Board of Directors. This policy describes how the
Board of Directors delegates authority for various aspects of spending and investments.
Article 1: OPERATING BUDGET
At the Annual General Meeting, a proposed Annual Operating Budget will be presented to the General
Members for their approval. The Board of Directors, staff and committees may incur expenses according to
the provisions as detailed in Article 3.
Article 2: CAPITAL REPLACEMENT BUDGET
An updated Capital Replacement Budget should be prepared annually in accordance with any existing
condition and replacement fund surveys. Where necessary, a five-year capital budget should be maintained.
Article 3: TYPES OF EXPENSES
3.1
3.2
Non-Discretionary Expenses
Discretionary Expenses
Non-discretionary expenses are those incurred by the
Co-op automatically and are not the result of a specific
purchase (e.g. municipal taxes, utilities, mortgage payments).
Non-discretionary expenses may be approved by the General
Manager of the Co-op. If the expense is over budget, the
Treasurer may recommend changes to the budget.
Discretionary expenses are those which are incurred by option
(e.g. office supplies, maintenance supplies, professional services).
A budgeted discretionary expense may be approved by the
General Manager of the Co-op. All budgeted discretionary
expenses of more than $5,000 must be reported to the Board of
Directors at its next meeting. Where possible, goods and
services shall be purchased from organizations whose values
reflect those of the co-operative sector.
An unbudgeted discretionary expense of up to $5,000 may be
approved by the General Manager of the Co-op. All unbudgeted
discretionary expenses of more than $5,000 must be approved by
Normal operating contracts into which the Co-op enters may be
Signed solely by the General Manager and reported to the Board
of Directors at its next meeting. All other contracts into which the
Co-op enters must be signed by two (2) signing officers on behalf
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BY-LAW 34
3.3
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Extraordinary Expenses
of the Co-op. Where possible, three quotes must be obtained
before a contract is awarded.
Members of the Board or any other member designated by the
Board to engage in Co-op business shall be entitled to
reimbursement for expenses properly incurred by them, in
accordance with the guidelines outlined herein. Receipts shall
be presented prior to reimbursement.
Emergency expenses are those which must be incurred
immediately because a delay will risk property damage or
endanger personal safety (e.g. water pipe bursting, wind damage).
An emergency expenditure may be approved by the General
Manager, in consultation with the Treasurer and/or Board
Executive, to a maximum of $50,000.
Article 4: DISBURSEMENTS AND CHEQUES
Article 5: INVESTMENTS
All Co-op funds shall be disbursed by cheque, with the exception
of minor purchases which may be paid out of petty cash. The
petty cash fund shall also be replenished by cheque.
Before a cheque may be issued, adequate documentation for
payment must be available (e.g. a purchase order or invoice) or a
receipt must be produced for any goods given approval and
requiring an advance of funds for its purchase.
All cheques must be Signed by two (2) of at least four (4) Signing
officers as designated by the Board of Directors from time to time.
Persons preparing cheques shall not sign them. No person may
approve a purchase or payment which will directly benefit that
person. Signing officers shall not sign cheques which are payable
to them ..
Funds in excess of those needed for operations shall be invested
in T-bills and term deposits or other instruments as approved by
the Co-operative's auditor.
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BY-LAW 34
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INTRODUCTION
By-Law No. 34
Schedule "B"
EMERGENCY MITIGATION AND RECOVERY PLAN
The safety and security of Neill-Wycik is of paramount importance. This policy describes how the co-
op will act to improve emergency and disaster resiliency and ensure continuity and resumption of
business operations.
The General Manager of Neill-Wycik Co-operative College shall establish and maintain an emergency
mitigation and recovery plan, and shall appoint a co-ordinator of emergency mitigation, preparedness
and recovery for the co-op, and prescribe the duties of that person to include preparation,
maintenance and co-ordination of those plans and programs.
Article 1: EMERGENCY
In this Appendix "Emergency" means:
i) a present or imminent incident that is;
ii) a calamity caused by accident, intentional act or omission, or by the forces of nature that
has or is likely to result in severe damage or harm to the members, employees or physical
premises of the co-op
Article 2: CO-ORDINATOR
In this Appendix "Co-ordinator" means the person employed by the co-operative in a managerial
capacity who reports directly to the General Manager of the co-op, and mayor may not have
employees reporting to him/her.
The Co-ordinator shall have the following responsibilities and duties:
i) Initiate and co-ordinate the development and evolution of an emergency mitigation and
recovery plan for the co-op in cooperation with all the Neill-Wycik departments, employees
and volunteers;
ii) Ensures continuous training and exercising of the emergency mitigation and recovery plan;
iii) Ensures continuous vulnerability audits throughout the building and appurtenances;
iv) Submits projected budget to cover the costs of incorporating mitigation and vulnerability
reducing measures to capital projects;
v) Acts as consultant to department heads in accomplishing vulnerability mitigation;
vi) Acts as advisor to General Manager
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BY-LAW 34
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Article 3: DECLARATION OF EMERGENCY
Upon declaration of or continuation of, and for the duration of an emergency by the General Manager,
the General Manager may:
i) Put into action all or any part of the Emergency Mitigation and Recovery Plan as he/she
considers appropriate;
ii) Engage the services of any person or organization or agency as is deemed appropriate for
safeguarding the safety and welfare of the co-op and/or its members or employees;
iii) In conjunction with emergency services may control or limit access to any or all parts of the
co-op and its appurtenances;
iv) Provide for the protection and/or restoration of essential services;
v) Cause the evacuation of any or all parts of the co-op;
vi) Authorize the entry of any person into or onto any part of the co-op to facilitate activation of
the emergency mitigation and recovery plan, as may be deemed necessary;
vii) Authorize or cause the destruction or demolition and removal of any part of the co-op and
its appurtenances as may be deemed necessary under the conditions of the emergency as
long as such action is deemed likely and probably to forestall or combat the progress of the
emergency;
viii) Solicit the volunteer or paid services of any person or agency or organization as is deemed
necessary to preserve the wellbeing of the co-op, its members and employees;
ix) If the Board is not able to, may take any other action or proceedings as is deemed
necessary and essential to ensure the safety and wellbeing of the co-op, its members and
employees to meet the emergency.
Article 4: MAINTENANCE AND UPDATING OF THE PLAN
Exercising of the emergency mitigation and recovery plan shall be:
i) On a frequency of no less than once per calendar year;
ii) In the form of table-top, functional, or full-scale, with at least one full-scale exercise
occurring at least once in three calendar years;
iii) Updated within one calendar month of each exercise and incident requiring the roll-out of
the plan;
Following each exercise and hazard/impact/risklvulnerability survey:
i) Updating of the plan following annual vulnerability audits throughout the building and
appurtenances.
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BY-LAW 34
NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED {PRIVATE}
Occupancy By-law
BY-LAW NO. 35
BE IT ENACTED as a by-law of NEILL-WYCIK CO-OPERATIVE COLLEGE, INC., (the "Co-operative")
that By-law 33 and all other by-laws relating to the rights and obligations of the Co-operative and its
members are hereby repealed in their entirety and the following substituted therefore:
[HAl]
A BY-LAW RELATING TO THE RIGHTS AND
OBLIGATIONS OF THE CO-OPERATIVE AND ITS MEMBERS.
Whereas the Co-operative has been formed with one of its purposes that of providing accommodation to
its members, it is desired to set out the terms on which such accommodation will be provided and the
rights and obligations of the Co-operative and its members;
And whereas the Co-operative is a non-profit housing co-operative under the Co-operative Corporations
Act; .
And whereas member units of a non-profit housing co-operative are exempt from the Tenant Protection
Act, 1997 and Commercial Tenancies Act;
BY-LAW 35 PAGE 1
1. ABOUT THIS BY-LAW
1.2.2
Room and Unit
1.2.3
Housing Charges
1.2.4
Member Unit
1.2.5
Non-member Unit
BY-LAW 35
In this by-law, "Room" means:
(a) a room allocated exclusively to one household who is
responsible financially for it, or,
(b) in the case of a room shared by two people under separate
leases, a room allocated to two households who are
responsible financially for a part of it as described in their
occupancy agreement, and which shares certain
common facilities -including kitchen and bathroom -with
other rooms, and
"Unit" means a collection of rooms sharing common facilities
together with those common facilities.
In this By-law, housing charges mean the charges the Co-
operative charges its members and includes charges unrelated
to housing.
In this By-law, "member unit" means a housing unit of the Co-
operative other than a non-member unit, and does not mean a
hotel room.
In this By-law, "non-member unit" means a housing unit of the
Co-operative designated under section 171.5 of the Co-operative
Corporations Act as a non-member unit.
PAGE 3
2. MEMBERSHIP AND OCCUPANCY
2.4
Non-Member
Occupants
2.5
Exclusive Possession
2.6
Length of Occupancy
BY-LAW 35
terminating their relationship with the Co-operative, the Board
Tenant Protection Act and shall not be obliged to follow the
procedure set out in this By-law with respect to members.
A member residing in a member unit of the Co-operative shall
be entitled to exclusive possession of her/his Room/Apartment
together with any members who are sharing such
Room/Apartment with him/her and, in the case of a Room, to
the use in common with other members of the common
facilities applicable to her/his Unit. The Co-operative will
permit each member quiet enjoyment of these areas in
accordance with the by-laws of the Co-operative.
Occupancy shall be for fixed terms, and no Occupancy
Agreement shall have a term longer than one year.
PAGES
3.3
Housing Charge
3.4
Parking Charge
3.5
Final Month's
Housing Charge
3.6
Adjustment of
Final Month's Charges
3.7
Education and
Social Activity Fee
3.8
Additional Charges
(b) The monthly or term housing charge shall not include the
following and the member shall be responsible for
paying them: telephone (other than Neill-Wycik's local
service which is mandatory in multi-units), cable
television services, insurance on the member's own
personal property, personal liability insurance for
members.
If a parking space is allocated to a member, the member shall
pay the applicable charge as specified in the Payment and
Arrears Policy, attached as Schedule "K".
her/his Room/apartment an amount equal to his/her final month's
housing charge.
The final month's housing charges may be applied to the last
month of residence of the member, providing the member has
given the Co-operative due notice in accordance with this by-law,
and does not owe any money to the Co-operative. Otherwise,
the final month's charges may be set off the by Cooperative
against any sum due to it from the member.
(a) If there is any change in the housing charges, each
member shall pay any additional amount required to
bring her/his final month's charges up to the current
amounts.
(b) If there has been a reduction in charges, the Co-
operative shall credit each member with the difference or
pay the difference to each member.
(c) The final month's charges shall not bear interest.
Each member shall pay annually an Education and Social
Activity Fee in accordance with By-law 31, Article 2 (Member),
section 2.4.
not there is a breach of this by-law, the Co-operative
becomes liable for any additional taxes, charges or
expenses, the member shall pay such taxes, charges or
expenses to the Co-operative on demand.
3. MEMBER CONTRIBUTIONS
BY-LAW 35 PAGE 7
4. SETTING HOUSING CHARGES
Article 4: DETERMINATION OF HOUSING CHARGES
4.1
Budget
4.2
Determination of
Housing Charges
4.3
Board has authority to
Set Rates during
Summer months
4.4
Commencement of
Changed Housing Charges
BY-LAW 35
Prior to any change in housing charges the Board shall prepare
a budget for the fiscal year to which the changed housing
charges relate, showing the estimated total expenses of the Co-
operative, including reserves and contingencies, all external
income, and all the charges proposed for each type of
Room/Apartment.
Housing charges shall be decided by a vote of the members at a
general meeting duly called for that purpose.
A copy of the proposed budget shall be delivered to each Unit
and Apartment in advance of the meeting. Should such a
meeting fail for lack of quorum, the Board of Directors is
authorized to determine the housing charges that were to be
determined by the general meeting.
The Board shall have the authority to change housing charges,
or delegate to such parties as are authorized by the by-laws the
right to do so, for the months of May, June, July and August.
No increase in charges shall take effect until at least fifty days
after such increase is approved, unless otherwise determined by
a two-thirds majority of the votes cast at the meeting that
approved the changes.
If the changed housing charges will take effect during the term of
an Occupancy Agreement, notice of the change applicable to
each Room/Apartment shall be delivered to each Unit and
Apartment as soon as possible after the meeting.
The delivery of the notice to the door of the Unit/Apartment or to
the Unit/Apartment mailbox shall be deemed sufficient method of
delivery to the Rooms in that Unit or to that Apartment.
PAGE 9
Article 5: USE AND BEHAVIOUR
5.4
Maintenance and Repair
5.5
Acts of Others
5.6
Domestic Violence
5.7
Conflict of Interest
BY-LAW 35
with respect to his/her Room/Apartment and Unit, and the
common elements of the Co-operative, as set out in the
Maintenance Policy, attached as Schedule "C".
(a) Members will be responsible for the acts, omissions and
behaviour of their household, guests or sub-occupants
and all persons invited or permitted into the Unit,
common elements or other property of the Co-operative
by the members, their household, guests or sub-
occupants.
Members will be liable if any such person does any act
or omits to do any act which, if done or omitted by a
member would be considered a default under the by-
laws of the Co-operative.
(b) The member will be required to pay any damages and
may have his or her occupancy rights terminated as if
the act or omission had been done or omitted by the
member personally.
(a) Members who are victims of domestic violence can:
o ask the Board to evict any person who commits
domestic violence
o get information from the Co-op on support groups in
the community
Under Article 9, the Board can remove anyone who has
committed domestic violence. A complaint from the
victim is not necessary. The Board does not have to
wait until any court charges are heard.
(b) The Board does not have to get proof that domestic
violence occurred if:
o
o
o
a restraining order or peace bond is in effect
terms of bail allow no contact with another member
or person residing in the Co-op, or
the offending member has been found guilty of
assault.
(c) When a resident member is ready to let a previously
violent spouse, partner or co-occupant return, the
member can ask the Board in writing to reinstate that
person's membership.
(d) If someone has been evicted because of domestic
violence, and returns without the consent of the victim,
the Co-op may treat that person as a trespasser. It may
remove that person from the property.
Each member is expected to adhere to the conflict of interest
policy attached as Schedule "M".
PAGE 11
6. ALLOTMENT OF ROOMS/APARTMENTS
6.3
Damage by Fire
6.4
Members and
Occupants may
be requested to move
6.5
Able to Live
Independently
BY-LAW 35
(d) For a period of up to three months after the fire or
casualty, the member shall be able to occupy any vacant
Room in the Co-operative on an emergency basis and
paying the lesser of the charges applicable to such
Room or the damaged Room/Apartment.
(e) If any member loses her/his right to occupancy under
this paragraph, s/he shall have priority on the internal
waiting list until suitable accommodation is offered to
her/him.
Thereafter s/he shall be deleted from the list.
. Members with a fixed term Occupancy Agreement of less than
one year may be required to move to another unit of at least
comparable or superior accommodation at a similar rent to that
stated in their Occupancy Agreement if they are given written
notice at least thirty days before their Occupancy Agreement
expires.
(a)
(b)
Members must be able to live independently and take
care of themselves, or arrange for their care without
undue hardship on the Co-op, its members or
employees. This is an essential requirement of living in
the Co-op. The Board can evict a member if it decides
that the member cannot meet these conditions.
However, this will not happen if:
o the member makes arrangements that are acceptable
to the Board, and
o the member signs and obeys a written agreement if the
Board requires it.
The Board must use the procedures stated in Article 9 of
this By-law.
PAGE 13
7. OCCUPANCY BY MEMBERS
7.5
No Assignment
7.6
Sub-Occupancy
7.7
No Profit
7.8
Consent to Assignment
BY-LAW 35
No member may assign his/her right to occupy his/her
Room/Apartment.
(a) Any member who desires to leave the Co-operative
temporarily for a period of not more than four months
may sublet her/his Room/Apartment, but only on the
terms of the Sub-Occupancy Agreement, attached as
Schedule "0".
(b) Prior to the commencement of any term of sub-
occupancy, the member and all sub-occupants shall sign
and deliver to the Co-operative a Sub-Occupancy
Agreement, in the form attached as Schedule "0", and
an Agreement by the sub-occupants to terminate, in the
form attached as Schedule "E".
A member wishing to sublet must inform the Co-
operative of her/his desire in writing, in the form of a
Request to Grant Temporary Sub-Occupancy Rights,
attached as Schedule "J".
(c) No term of sub-occupancy may be longer than the
remaining term of the original Occupancy Agreement
or four months, whichever comes first.
(a)
The sub-occupant must be approved by the Board of
Directors or its delegate.
The sub-occupant must become a member of the Co-
operative.
No member may profit from surrender of his/her
occupancy rights, or by subletting in accordance with
section 7.6.
(b) No member may charge any sub-occupant any amount
greater than the charge payable by a member occupying
the Room/Apartment.
In order to control occupancy of the Co-operative's Units and to
prevent a profit to any member on surrender of a Unit, the Co-
operative will be considered to be acting reasonably in
withholding its consent to any assigning, sub-letting, parting with
PAGE 15
8. TERMINATION OF MEMBERSHIP AND OCCUPANCY BY MEMBER
Article 8: TERMINATION OF MEMBERSHIP AND OCCUPANCY BY MEMBER
8.1
Expiry of
Occupancy Agreement
8.2
Notice Required
BY-LAW 35
The right of membership and occupancy in the Co-
operative of a member with a fixed term Occupancy Agreement
expires on the expiry date specified in the Occupancy
Agreement unless,
(a) the term of the Occupancy Agreement is one year, or
(b) the member has applied for a renewal in accordance
with the policies and procedures of the Co-operative and
those policies and procedures comply with the Co-
(a) A member may terminate his/her membership and
occupancy in the Co-operative by giving written notice of
at least two months, which notice period shall end on
the last day of a calendar month.
(b) For all members moving outside the Co-operative, such
notice will be in the form attached as Schedule "I".
(c) If a member gives less notice than required the Co-
operative may,
i. accept the notice with the termination date
specified, but hold the member responsible for
the notice period which should have been given,
or
ii. accept the notice, but with a termination date as
the earliest date for which notice should have
been given.
(d) The member's right to occupy her/his Room/Apartment
shall end at the termination date. Until then, the
member's membership and occupancy rights continue.
Until the notice period expires, the member's ongoing
obligations continue.
If the member vacates the Room/Apartment by the
termination date, her/his obligations to the Co-operative
will end at the end of the notice period, excepting any
outstanding obligations to the Co-operative existing on
that date which shall continue until paid or fulfilled.
PAGE 17
9. TERMINATION OF OCCUPANCY AND MEMBERSHIP BY CO-OP
Article 9: TERMINATION OF OCCUPANCY AND MEMBERSHIP BY CO-OP
9.1
Termination of Default
9.2
Procedure for
Terminating Occupancy
BY-LAW 35
Subject to the provisions of Section 9.2, the Board may terminate
a member's membership and right to occupy his/her
Room/Apartment, or refuse to renew his/her membership and
occupancy rights, for any of the following reasons:
(a) The member is in arrears or has been repeatedly late in
payment of housing charges.
(b) The member has, in the opinion of the Board
substantially or repeatedly interfered with the enjoyment
of other members or the use of their Room/Apartment
contrary to Section 5.2 and/or the Rules and
Regulations, attached as Schedule "B".
(c) The member has, in the opinion of the Board,
substantially or repeatedly failed to observe his/her
maintenance and repair responsibilities as set out in
Section 6.4 and the Maintenance Policy, attached as
Schedule "C".
(d) The member has committed any breach or breaches of
her/his obligations under this By-law or any of the
Charter, By-law or Rules and Regulations of the Co-
operative and the Board feels that such breach or
breaches is serious enough to warrant termination of
occupancy.
(a) The Board may not terminate any member's occupancy
rights and membership unless written notice has been
delivered to the member's Unit or Apartment at least ten
days prior to a meeting of the Board which notice shall
state:
i. the time and place of the board meeting; it may
also state a time when the Board will discuss the
member's membership and occupancy rights
during the meeting;
ii. the reasons for the proposed eviction;
iii. the member's unit
iv. the proposed eviction date; and
v. the fact that the member need not vacate the
unit, but that the co-op may obtain a writ of
possession after it ends the member's
membership and occupancy rights.
Such notice may be in the form of the Notice of
Proposed Termination, attached as Schedule "F".
PAGE 19
9.2
Procedure for
9.3
Right of Appeal
9.4
Legal Proceedings
BY-LAW 35
(a)
the meeting of the Board (and whether or not a
resolution referred to in subparagraph (d) has been
passed).
Such notice may be in the form of the Notice of
Eviction Decision, attached as Schedule "H". Such a
notice may be signed by any Board member of the
General Manager.
The member may appeal a decision terminating his/her
occupancy rights and membership by leaving at the
office a notice of appeal, setting out the grounds on
which s/he appeals, within seven days of delivery of the
notice referred to in Section 9.2(e).
(b) On receipt of such notice, the Co-operative shall call a
meeting of the members with proper notice or put the
matter on the agenda for the next member's meeting.
The members' meeting must be at least fourteen days
after the Co-operative received the notice of appeal.
(c) At such meeting, the member whose occupancy rights
and membership have been terminated may appear with
or without counsel and may make representations to the
meeting.
(d) Bya majority vote, the meeting may confirm or set aside
the decision of the Board, or substitute for its decision
any decision which could have been made by the Board.
(e) If the members' meeting is duly called and fails to pass a
resolution changing the decision of the Board, or if a
quorum is not present, the decision of the Board shall be
deemed to have been confirmed.
(f) If an appeal is launched in accordance with this
paragraph, the day of termination will be two days .
following the date for which the members' meeting is
called, or the date specified in the Notice of Eviction
Decision referred to in Section 9.2(e), whichever is the
later, unless the members' meeting decides to further
extend the day of termination.
(g) No member shall offer incentives, monetary or
otherwise, for attendance at an appeals meeting.
(a) If the member fails to vacate on the proper day of
termination determined in accordance with Section 10.2,
the Co-operative may apply for a writ of possession
against the member.
The Co-operative may also sue the member for any
monies owing by the member to the Co-operative.
PAGE 21
10. WITHDRAWAL FROM MEMBERSHIP
Article 10: WITHDRAWAL FROM MEMBERSHIP
10.1
No Withdrawal Without
10.2
No Terminations of Occupancy
Without Withdrawal
10.3
Expulsion from Membership
BY-LAW 35
A member residing in the Co-operative may not withdraw from
membership in the Co-operative without terminatin'g his/her
occupancy in the Co-operative,
If a member serves notice of withdrawal from membership under
Section 64 of the Co-operative Corporations Act, s/he shall be
deemed to have given two months notice to terminate
occupancy in accordance with Section 8,2 (Notice Required) at
the same time,
(a) When occupancy is terminated by a member, the
member shall be deemed to have resigned from
membership on the termination date,
(b) Any member who ceases to have the right to occupy,
reoccupy, or remain on the internal waiting list for a
Room/Apartment in the Co-operative under Section 6,2
shall be deemed to have resigned from membership in
the Co-operative on the day on which s/he ceases to
have such right, or ceases to remain on the internal
waiting list as the case may be.
Any member who is no longer resident in the Co-operative may
be expelled from membership in accordance with the procedure
set out in Section 66 of the Co-operative Corporations Act.
PAGE 23
11. MISCELLANEOUS
11.5
Policies
BY-LAW 35
Wherever the by-law refers to a Policy of the co-operative
attached as a schedule, or to the Rules and Regulations, such
Policy or Rules and Regulations shall be considered a part of
this By-law. If at the day of the passing thereof, or at any other
time, any of the Policies or Rules and Regulations referred to in
this By-law is not in existence or has not yet been adopted, any
reference to such Policy or Rules and Regulations in this Bylaw
shall be taken as a reference to the resolutions or decisions
made by the Board, its standing committees, or the member form
time to time dealing with the matters covered by such Policy or
Rules and Regulations.
PAGE 25
13. FRIENDS OF NEILL-WYCIK
Article 13: FRIEND OF NEILL-WYCIK
13.1 Article 13 in it's entirety was removed by two-thirds of the votes
cast at a duly constituted meeting of the members on February
28, 1996. "Friend of Neill-Wycik" status no longer exists.
Approved by the Board of Directors at a duly called meeting on March 11, 2002.
Confirmed by at least two-thirds of the votes cast at a General Meeting of the Members
on March 13, 2002.
Amendment to Schedule "C" approved by at least two-thirds of the votes cast at a General Meeting of the
Members on March 22,2006
Adoption of Schedule "P" approved by at least two-thirds of the votes cast at a General Meeting of the
. Members on March 22, 2006
Amendment to Schedule "A" approved by at least two-thirds of the votes cast at a General Meeting of the
Amendment to Schedule "8" approved by at least two-thirds of the votes cast at a General Meeting of the
Members on March 21,2007
Amendment to Schedule "K" approved by at least two-thirds of the votes cast at a General Meeting of the
Amendment to add Schedule "M" approved by at least two-thirds of the votes cast at a General Meeting
of the Members on March 24, 2011
Amendment to Schedule "G" approved by at least two-thirds of the votes cast at a General Meeting of the
BY-LAW 35 PAGE 27
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By-law No. 35
Schedule "A"
The Co-operative has been built and operated to provide housing for full-time post-
secondary students. It is a condition of the Co-operative that at least 60% of members
and 60% of occupants of the Co-operative be full-time or part-time students, effective
each September 1
st
. It is a condition of admission to membership and allocation of a unit
in the co-op that a person be a full-time student at a post-secondary institution and may
be required to provide proof of their status at the time that they move into the co-op.
The Membership policy is administered by the Housing Staff, which consists of the
Housing Co-ordinator, Housing Assistant and Bookkeeper.
2. Applications
2.1 Members
Neill-Wycik gives priority to returning members provided that they follow the
September re-application procedures as outlined below. Re-application forms for
the coming September are distributed to members via internal mail in the
preceding April. A returning member is a member who has lived in the co-op
between September and August of the previous year. All members who intend to
remain members for another year (starting September 1
st
) are required to re-
apply with the required deposit by June 1
st
. Applications received after this time
will be processed with New Members applications.
BY-LAW 35
2.1.1 Members Staying through the Summer
(a) Summer Re-application
Members living in the following multi-units have occupancy
agreements that expire on April 30
th
:
C, D, E, F, H, J, L, M, N, P, W, X, y
Members living in A, B, & K units have occupancy agreements
that start on September 1 and end on August.30 of the following
year and do not have to re-apply for the summer months. Re-
application forms for members living in multi units are distributed
via internal mail in January informing them of the need to submit a
re-application to the 22
nd
floor office if they intend to stay beyond
April 30
th
The forms must be returned by !he specified._
(b) September Re-application
Re-application formsmust be submitted with a deposit as per the
fee schedule by June 1
st
The deposit amount will be applied to
any housing charge increase with the balance applied to the
September housing charge. If the member cancels, the deposit
will be applied to the cancellation fee.
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NEILL-vVYCIK CO-OPERATIVE COLLEGE INC.
PAGEl
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4. Waiting Lists
4.1 Internal
In accordance with Section 6.2, the Board's delegate shall maintain a waiting list of
members occupying Rooms/Apartments in the co-op who have indicated a desirE;) to
relocate. As suitable Rooms/Apartments become available priority shall be given to
persons on the internal waiting list, who are members in good standing, in accordance
with the Membership Policy, but the Board or its delegate may either depart from the
order on the internal waiting list or the external waiting list or give a particular person on
the external waiting list priority over a member on the internal waiting list, if s/he feels
there is'good reason to do so (subject to appeal, in the case of a ember, to the Board).
Furnished Units
Requests for transfers in the furnished units will be dealt with according to:
a) Date of Request
b) Gender
c) Smoking versus non-smoking
d) Unitmate compatibility as determined by the Board's delegate.
Apartments
Requests will normally be allocated on the following basis:
a) Internal Member
b) External student couple (at least one of them a full time student)
c) Internal single student
d) Two external students sharing
a) Member is not in arrears and is making prompt" payments as due, in
accordance with Schedule "K".
b) Member must participate in the activities of the co-operative, in
accordance with By-law 33, Article 3, Section 3.2.
c) Member must conduct her/himself in accordance with By-law 33, Section
5.2 and Schedule "B", Rules and Regulations.
4.2 External
The co-op will not knowingly place people on the waiting list if they are not expecting to
have full-time student status on their expected occupancy commencement date.
,'.
Former Members (full time student)
a) Length of absence from the co-op. The most recent resident of a
Room/Apartment has first option to renew the Occupancy Agreement,
provided their application is received by the deadline. '
b) Date. of application. Applications for September must be received by the
date determined by the Board to m@intain priority status as a returning
member.
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BY-LAW 35 PAGE 3
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Returning members are required to sign a new occupancy agreement each year. An
administrative fee may be imposed for failure to fulfill this requirement within 15 days of
the start of the occupancy agreement.
8. Phone System
As of September 2000 all multi-units are required to subscribe to the Neill Wycik phone
system.
9. Payment
Upon move-in, members must pay the following amounts:
Maintenance deposit
Term housing charge or 1
st
month's housing charge as applicable
Term phone payment and deposit
Term parking as applicable
Membership fee (new members only)
Keys will be released upon receipt of total amount payable. A late charge is applied to
any payment that remains outstanding.
10. Two-person units
When one person moves out of a two-person unit the remaining member's input is
requested in screening applicants. If the remaining member is unable to find a suitable
replacement within the time period set by the Housing Co-ordinator then the housing
department will fill the vacancy from the waiting list.
11. Subletting
Members who wish to sublet must request permission from the Board of Directors.
Members must fill in an application to sublet at least six weeks prior to the start date of
the sublet.
12. Member Contribution Program
All members are expected to participate in the Member Contribution Program or any
other participation program as designated by the Board of Directors. Failure to complete
any' volunteer requirements may result in the revoking of some or all membership
privileges.
13. Housing Calendar
Administration of housing is done in accordance with the attached schedule,
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BY-LAW 35 PAGES
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By-law No. 35
Schedule "B"
The following rules and regulations are put into effect to keep Neill-Wycik a safe and comfortable place to live,
work and visit. The laws of the land also apply and take precedence. .
1. a)
b)
c)
Violence toward members, employees or visitors is not tolerated.
Threats or threatening behaviour or language toward members, employees or visitors is not
tolerated.
Abusive behaviour or language toward members, employees or visitors is not tolerated.
2. The deliberate destructions or damage of the Co-operative's property, or the property of any member,
employee or visitor is not tolerated.
4. Any abuse of drugs including alcohol that impedes a member from carrying out his or her
responsibilities is not tolerated.
5.
6.
a)
b)
a)
b)
No member, visitor or employee of the Co-operative shall bring into, or cause to be brought into
or possess in the building or on the grounds, any firearms or restricted weapons, including
collector's or historical pieces, bows and arrows and hunting knives.
The use of any object as a weapon is not permitted.
Screens shall not be removed from any window in the building without written permission.
Objects shall not be thrown out of any window in the building, or from the roof of the building.
7. The introduction of pets into the Co-operative is allowed only under the following conditions:
a) Effective April 22, 2002, pets, excluding fish and small caged domestic rodents (hamsters,
gerbils and like-sized animals), are not allowed to be kept in the multi-units. Pets living with
Members as of April 22, 2002 may be allowed to stay providing the pet does not cause damage
or disturb the quiet enjoyment of other members, and they register their pet with the co-op and
provide proof of inoculation.
b) Before a pet is brought into a two-person unit or apartment, the permission of the unitmate must
be secured in writing. .
c) The only fur bearing animals allowed in the non-multi units of the building are cats, rabbits, and
ferrets and small caged domestic rodents (hamsters, gerbils and like-sized animals)
d) Effective June 1, 1996, there will be no further dogs allowed in the co-op. Members who
currently own dogs and have them in the co-op must by a date, determined by management,
register their dog with the co-op and provide proof of inoculation and registration with the City of
Toronto or appropriate authority. Members currently with dogs as of June 1, 1996 may be
allowed to stay providing the dog does not cause damage or disturb the quiet enjoyment of
other members, until they leave Neill-Wycik. Dogs are not allowed'in multi-units under any
circumstances.
e) No intimidating animals are allowed as pets. This includes, but is not limited to, spiders and
reptiles.
f) The pet owner assumes responsibility for damage caused by her/his pet or related to the
presence of his/her pet.
g) Cats and rabbits must be inoculated against enteritis. Inoculation must be kept current as
necessary for each pet and proof must be available to the office.
h) The pet owner must maintain his/her pet's living conditions in a manner such that the pet does
not interfere with the quiet enjoyment of other members.
i) Pets are not permitted in the hallways of the building or on the grounds.
j) The garbage chute is not to be used for the disposal of animal wastes. All such wastes must be
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By-law No. 35
Schedule "C"
MAINTENANCE POLICY
1. Each member shall maintain her/his room/apartment and unit in a reasonable state of cleanliness at
all times and shall comply with all requirement and standards of health authorities and other
authorities respecting standards of cleanliness, maintenance and safety.
2. Each member shall pay for the repair of damage caused by her/his willful or negligent conduct or
that of persons permitted on the property of the co-operative by him/her or others occupying her/his
unit.
3. No member shall make any alterations or improvements to her/his room/apartment, unit or alter or in
any way change the locking system, without the permission in writing of the Board of Directors or the
General Manager. At the end of a member's occupancy of a room/apartment, s/he may remove
his/her fixtures provided that such removal does not cause a requirement for repair work to be done
on the room/apartment or unit.
4. Each member shall promptly report to the Co-operative any condition in the unit/apartment or in its
equipment or in the building which comes to the knowledge of the member and which may cause
deterioration of the unit/apartment or building if not corrected.
5. When the Co-operative has organized pest control all members of the designated unit are required
to prepare their rooms as indicated in the notice of entry. The Co-operative may perform any of the
cleaning or other obligations set out in this schedule if the member responsible does not perform
them within a reasonable time in the circumstances, and the member shall reimburse the Co-
operative for the costs of such performance. The procedure for preparing a member unit for pest
control related to bedbugs is itemized under section 11 and must be followed meticulously.
6. A member may request painting to be done in her/his unit by painters employed by the Co-operative.
The Co-operative reserves the right to determine whether the area to be painted is eligible for the
paint and if the labour is to be supplied free. No member may undertake her/his own painting in
multi-units, except with the permission of the Maintenance Manager or the maintenance
departments painting supervisor.
7. Members shall not behave in any way which obstructs the fire safety procedures of the building,
including ensuring that no object in their unit blocks any fire exit.
8. Each member shall pay a maintenance deposit as stated in Section 3.1 of this by-law. The Co-
operative may deduct money from this deposit for unreturned keys, room/apartments or units left in
a dirty condition, damage as stated in section 2 of the Schedule or any unreasonable wear and tear
to their room/apartment or unit of the furnishings of the Co-operative.
9. Dishwashers, Washing Machines and Dryers are not permitted in units without the written
permission of the Board of Directors. Neill-Wycik reserves the right to inspect approved installations
annually to ensure the continued safe operation of such appliances.
10. The installation of Air Conditioners must be inspected or installed by Neill-Wycik maintenance staff,
as per Board policy. All other installations are subject to a fine and/or damage charge.
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- 1 -
BY-LAW 35
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By-law No. 35
Schedule "0"
BETWEEN:
-and-
-and-
hereinafter called the "Member"
WHEREAS the Member is the occupant of __ , 96 Gerrard Street East, in the city of
Toronto, (hereinafter called the "Room/Apartment"), and the Co-operative is the owner of
the property, and the Member has requested permission to grant temporary sub-
occupancy rights to the sub-occupying member, and the Co-operative has consented.
1. The member hereby surrenders to the Co-operative her/his right to occupy the
Room/Apartment for a term of months commencing , 20_,
and ending , 20
2. The Co-operative hereby grants temporary sub-occupancy rights to the sub-
occupying member as occupant of the Room/Apartment for a term of __ _
months commencing , 20_, and ending , 20
3. The sub-occupying member agrees with the Member and the Co-operative to
observe all the terms of and to perform all the obligations of the member under
the member's Occupancy Agreement, the Articles, By-law, Rules and
Regulations and Policies of the Co-operative (insofar as they are applicable to
her/him) and to pay to the Co-operative the monthly housing charge of $ __ _
(which may be payable by the term in some units, at the discretion of the Co-
operative) or such other monthly housing charge as may be payable for the
Room/Apartment. A copy of the said documents are available at the Co-
operative office. The housing charge set out above shall be payable by the sub-
occupying member directly to the Co-operative at its office monthly in advance by
cheque or money order or on the first day of each term in advance, if term
payments are in effect for the Room/Apartment.
4. The member agrees with the Co-operative that s/he shall remain fully liable for
the payment of the housing charge and the performance of all the obligations of
the sub-occupying member.
5. The sub-occupying Member agrees to terminate his/her occupancy and vacate
the Room/Apartment at the end of term as set out above. No extension or
change in the term shall be permitted without the consent in writing of the Co-
operative.
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BY-LAW 35
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By-law No. 35
Schedule "E"
AGREEMENT TO TERMINATE SUB-OCCUPANCY
Re: Sub-Occupancy of Room/Apartment ____ _
Neill-Wycik Co-operative College Inc., herein referred to as the "Co-operative", and
__________ -,--__ ' herein referred to as the "sub-occupying member",
hereby agree to terminate the sub-occupancy with respect to the premises known as
____ , 96 Gerrard Street East, in the city of Toronto, on the , of __ _
20
I, , the Sub-Occupying Member, understand that I must
deliver up vacant possession and occupation of the premises on that date and that this
Agreement may be enforced by writ of possession (eviction order) if I fail to do so.
Dated at _____ , this ___ day of ___ , 20_.
Per:
Sub-Occupying Member
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NEILL-WYCIK CO-OPERATIVE COLLEGE INC .. -.
BY-LAW 35
Member:
Unit:
Address:
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By-Law No. 35
Schedule "G"
BOARD OF DIRECTORS EVICTION DECISION
96 Gerrard Street East

WHEREAS the Member referred to above was given Notice under the provisions of
Article 9, Section 9.2 of the Co-operative and section 171.8 of the Co-operative
Corporations Act (as amended by Bill 166);
AND WHEREAS the Board of Directors has determined that the following cause for
termination under By-law No. 33, Article (?), section (?), specifically:
"description of offense"
AND WHEREAS the Member did/did not appear personally or by agent or counsel at
this meeting,
The Board has decided that the membership and occupancy rights of the Member be
terminated effective Date.
The Board has also decided that the said termination shall not take effect if the Member
makes the following payments or performs the following acts on or before such date:
Payment of $ ____ and/or completion of? punitive Member Contribution Hours by
date .
CERTIFIED to be a true copy of a decision made by the majority of the Board of
Directors of Neill Wycik Co-operative College, Inc. passed the __ day of , 20_,
at a proper meeting of the Board of Directors duly held, notice having been duly given to
the Member, which decision remains in full force and effect unamended.
Board Member/General Manager
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NEILL-WYCII( CO-OPERATIVE COLLEGE INC.
BY-LAW 35
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By-Law No. 35
Schedule "I"
MEMORANDUM OF AGREEMENT - TERMINATION OF OCCUPANCY
This is an agreement between Neill-Wycik Co-operative College Inc. and the
undersigned.
In this agreement, the undersigned gives formal notice that they will be vacating their
Room/Apartment on the date stated below.
The agreement also outlines responsibilities which the undersigned agrees to fulfill.
I, the undersigned, give formal notice that I will vacate my Room/Apartment on
_____ ,20 __
I the undersigned, understand that I will be responsible for the following and agree to
fulfill these responsioilities:
1. Continued payment of the housing charges for my Room/Apartment until the
date upon which I vacate my Room/Apartment, or the date specified above,
2. Payment of a fee $ to cover the Co-operative's administrative
expense in connection with this transfer of responsibility, as outlined in (1)
above.
3. For leaving my Room/Apartment in a clean and orderly condition for the new
occupant.
Member Room/Apt. Date
Nei,ll-Wycik Co-operative College, Inc.
Per:
.-----------------------
Date received
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BY-LAW 35
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By-Law No. 35
Schedule "K"
PAYMENT AND ARREARS POLlCY
In the interests of ensuring prompt payment of housing charges and the other payments required
under Article 3, section 3.1, and ensuring proper collection of arrears, the following policy is hereby
put into effect:
Payments
a) Payments must be made by cheque of money order. At the discretion of the Bookkeeper
or Housing Co-ordinator we may, in special circumstances accept debit card, Visa or
Mastercard. Cash will not be accepted for payment of occupancy charges. All deposits
must be made by certified cheque or money order with the exception of fall deposits and
maintenance deposits from members who are living in the Co-operative over the summer.
Fall term payments from all members not resident in the summer must be by certified
cheque or money order.
b) In accordance with Article 3, section 3.3, housing charges will be paid in the following
manner:
c)
d)
e)
Arrears
i) Housing charges for rooms in four-, five- and six-person units are payable by the
term, and are due on the first day of September for the fall term and the first day of
January for the winter term. Payments for the months of May, June, July and
August are due on the first day of each respective month.
ii) With the special permission of the Bookkeeper and Housing Co-ordinator,
members who are employed and who have supplied the requested information
regarding their employer, may pay housing charges for a room in a four-, five-or
six-person unit on a monthly basis.
iii) Housing charges for two-person units and apartments are payable monthly, and
are due on the first day of the month. For apartments, full payment will be
In accordance with Article 3, section 3.5, the housing charge covering the last month of the
Occupancy Agreement must always be on deposit.
In accordance with Schedules "0" and "I", administrative fees for granting sub-occupancy
rights and termination of occupancy are due with the appropriate notice, which is one of
the two aforementioned Schedules.
In accordance with Article 3, section 3.4, parking payments are payable by the term, and
are due on the 15
th
of the preceding month.
a) Arrears are any amounts owed to the Co-operative that have not been received when due.
This includes, but is not limited to, housing charges, social activity fees, parking charges,
and maintenance deposits.
b) In accordance with Article 3, section 3.9, all service charges levied against the Co-
operative as a result of a member's cheque being returned by a financial institution will be
paid by the member. In addition, the member will be considered to be in arrears until such
time as the cheque is replaced and the service charge is paid. When a member has had
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BY-LAW 35
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By-Law No. 35
Schedule "L"
RENTAL LOAN AGREEMENT
BETWEEN:
Neill-Wycik Co-operative College Inc. (The "Co-op")
-and-
_______________ (the "Prospective Member or Member")
The "Prospective Member or Member" has applied for membership in the Co-op and has been
allocated unit # Toronto, Ontario pursuant to the terms of the Co-op.
The "Prospective Member or Member" will, upon occupying the above unit, be in arrears in the
amount of
$_-----
In consideration of the facts recited above the parties agree as follows:
1. The "Prospective Member or Member" acknowledges the truth of the recitals set out above,
and in particular acknowledges that there will exist arrears of $ upon her/his
occupying unit # ____ _
2. The "Prospective Member or Member" agrees to pay the above mentioned arrears plus the
required regular housing charge if applicable on the following schedule:
$ ______ payable on or before __________ _
$ ______ payable on or before ___________ _
3. The "Prospective Memberor Member" agrees not to get further into arrears.
4. The "Prospective Member or Member" agrees that failure to make any arrears
payments when required may be treated by the Co-op as arrears, which may lead to
termination of membership and occupancy rights (eviction) ...
5. The Co-op agrees that it will not treat the "Prospective Member or Member" as being in
arrears as long as the "Prospective Member or Member" complies with this Agreement.
Dated: _____ , 20 NEILL-WYCIK CO-OPERATIVE COLLEGE INC.
PROSPECTIVE MEMBEB: ________ _
WITNESS: ____________ _ Per:
----------------
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BY-LAW 35
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By-Law No. 35
Schedule "N"
SHORT TERM GUEST AGREEMENT
BETWEEN:
-and-
-and-
hereinafter called the "Short Term Guest"
WHEREAS the Member is the occupant of __ , 96 Gerrard Street East, in the city of Toronto,
(hereinafter called the "Room/Apartment"), and the Co-operative is the owner of the property,
and the Member has requested permission to have a short term guest for a period no greater
than thirty days, and the Co-operative has consented.
1. The Co-operative hereby grants short term guest status to the guest of the occupying
member for a term of thirty (30) days commencing ,20_, and ending
____ ,20_.
2. The short-term guest agrees with the Member and the Co-operative to observe all the
terms under the member's Occupancy Agreement, the Articles, By-law, Rules and
Regulations and Policies of the Co-operative (insofar as they are applicable to her/him).
A copy of the said documents is available at the Co-operative office.
3. The member agrees with the Co-operative that s/he shall remain fully liable for the
payment of the housing charge and the performance of all the obligations of the short-
term guest.
4. The short-term guest agrees to terminate his/her occupancy and vacate the
Room/Apartment at the end of term as set out above. No extension or change in the
term shall be permitted without the consent in writing of the Co-operative.
5. If the Occupancy rights of the Member in the Co-operative are terminated, or if the
Member resigns from membership or her/his membership rights are terminated, the term
"of her/his short-term guest shall be deemed to end on the day of such termination as
shall the Occupancy rights of the short-term guest. No such terminations shall relieve
the Member of her/his obligations during the original term of this Agreement or so long
as the short-term guest remains in the Room/Apartment.
7. The short-term guest agrees to sign an Agreement to Terminate so that the Co-operative
may regain possession at the end of the term.
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BY-LAW 35
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By-law 33
Schedule "0"
OCCUPANCY AGREEMENT
BETWEEN:
Name(s) __________________________________ ___
(Hereinafter called the "Member")
-and-
NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED, a non- profit
Co-operative Corporation incorporated under the laws of the Province of
Ontario,
(Hereinafter called the Co-operative)
WHEREAS:
(a) The Co-operative is the beneficial owner of the lands and premises at 96 Gerrard Street East, Toronto (hereinafter
called the "building").
(b) The Member has applied and has been accepted as a Member and occupant of the Co-operative.
(c) By virtue of his/her membership and occupancy in the Co-operative and this agreement, the Member is entitled to
occupy as Licensee a certain Unit in the building under the terms and conditions hereinafter set out.
In consideration of the following mutual terms it is agreed:
UNIT
1. The Co-operative grants the Member the right and license to occupy in the building
from the day of , 20 (hereinafter called the "commencement date")
to and including the day of , 20 ___ _
(Hereinafter called the "termination date") subject to earlier termination by the Co-operative if the Member
ceases to be a Member or fails to observe and perform the Rules of the Co-operative governing Members'
conduct and on condition that the Member observes and performs the terms of this agreement. In order to rely
on the expiry date of the term, all fixed terms must be less than one year.
OCCUPANCY FEES
2. The M ~ ; " b e r shall pay an occupancy fee in the amount of $ ______________ payable as follows:
(I) The sum of $
occupancy; and
____ by the date of execution of this agreement to be credited to the last month of
(ii) The sum of $ _______ on the 1 st day of each and every month from and including the 1 st day of
_________ , 20 __ , to and including the 1 st day of , 20 __ ,
OR
The sum of $ _______ by the date of execution of this agreement, and the sum of
$ _______ , on the 1 st day of , 20 __ , and the balance on the 1 st day of
____________ , 20 ,
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USE OF NEILL-WYCIK FACILITIES
5. In this paragraph, Facilities or Facility means:
Weight Room Billiards Room
Photo Lab Sewing Room
Steamer Room Boxing Aerobics
Hanke Lounge - "c" TV Lounge - "C"
Woodshop Basketball
And any other Facility that may come into place
The Member agrees, in relation to the Facilities that he/she:
Computer Room
. Sports Equipment
Barbecues
Meeting Room -"C"
Music Room
Games Equipment
Steamer AV
TV/DVD Cart
Sauna - "c"
On his/her own behalf and on behalf of his/her heirs, executors, administrators and assigns, releases and holds harmless Neill-
Wycik, it's Board members, officers, employees and agents" from any liability of any kind resulting from any acts or omissions in
relation to the facilities, whether negligent or not, which may cause injury to the Member, his/her guest(s), or any other person
allowed into the facility by the Member..
will abide by the posted rules and time limits in each of the Facilities.
will sign in and out at the front desk (except for common areas, indicated above as "C") for use of all Facilities
will return key immediately after use, or indicate at the front desk if they have passed the key onto someone else immediately after
using the Facilities, otherwise they will continue to be responsible for tne Facility.
will not reveal any combinations on doors and will be responsible for any actions caused by other persons using Facilities that
have been entered into with the assistance of the Member
will keep the door to the Facility closed at all times
will leave the Facilities in a clean and orderly state
will check that the Equipment is in safe operating order before and after using the Equipment
will report any damage to Neill-Wycik As Soon As Discovered
is 100% responsible for any damage to the Equipment or Facility while signed out under Member's name, except for failure due to
manufacturer's defect
will not remove or add to the Facilities, Equipment (e.g. computers) without approval from the Facility Manager
will not tamper with the Equipment in the Facilities
will have Neill-Wycik Identification available for presentation upon request in the Facility.
will abide by the above rules and regulations and to any future additions to the rules and regulations that may be put into effect by
the Facility Managers. The Member agrees to check all postings in the Facilities for information that may directly or indirectly
affect the Member's use of the Facilities. These postings may include new rules and regulations.
"including the Facility Co-ordinator, Facility Manager, Social Activity Committee, Leaders and Assistants.
The Member agrees to be oriented to these Facilities and the Member will make an appointment for orientation with the Facility
Manager or designated person prior to using the following Facilities:
Woodwork Shop, Photo Lab, Sewing Room, , Computer Room, Steamer AN Equipment
The Member agrees to follow the operating instructions of the Facilities given by the Manager and to consult any documentation in the
room if the Member is in doubt. The Member agrees not to tamper with any Facilities and that failure to abide by these rules and
regulations may result in temporary or permanent suspension of use of one or all Facilities, termination of occupancy and membership,
and/or financial responsibility for any damages as per Neill-Wycik's policies.
The Member understands that the consequences of continued problems in the Facilities may include the temporary or permanent
closure of these Facilities. With this in mind, the Member agrees to help the Facility Managers to determine the cause of any
problem(s) by reporting problems, both accidental and malicious, to Neill-Wycik Security.
The Member will follow the special procedures for the following:
COMPUTER ROOM
BARBECUES
SEWING ROOM
AN CART
WEIGHT ROOM
The Member will not reveal his/her password or allow anyone else to use the computer under
his/her password. The Member will not tamper with the software or hardware and will not install,
copy, delete or change anything on the computers.
The Member will not use glass, bottles, metal cutlery, porcelain, posts or pans onto the decks - only
paper and plastic items. The Member will clean the deck and barbecue immediately and take full
responsibility for being the only person to turn on and off the gas valve
The Member will not remove the Serger or use any pins with the serger. The Member will only use
SCHMETZ needles in the serger. The Member will not remove any tools from the kit and will always
repla?e the cover after use
The Member will not use the AN for personal use, the Member will only use it in common areas and
will not remove the VCR and TV from the cart.
The Member will indicate at the desk if the Member has passed the key to another Member. The
Member will not exercise without shoes and will only exercise with the weights and equipment the
Member is comfortable with and can control. The Member has no health problem that makes it
dangerous for him/her to tJse the equipment and takes full responsibility for any injury he/she may
experience.
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NO ASSIGNING WITHOUT CONSENT OF THE CO-OPERATIVE
9. The -Member shall not assign his/her rights under this agreement nor to rent the Unit or any part thereof to anyone else. The Member
shall not allow anyone else to live in the unit without prior permission of the Co-op. This includes guests.
TERMINATION
10. If the Member desires to terminate this agreement before the termination date, he/she must give two months notice from the first of the
month and pay a fee to cover the Co-operative's administrative costs, in accordance with the fee schedule.
AL TERATIONS-MAINTENANCE
11. The Member may not make any alterations or improvements to the unit or do any redecoration or repainting of the unit without the
written consent of the Co-operative. The Member will not allow any refuse, garbage or other objectionable material to accumulate in or
about his/her unit and will at ALL TIMES, maintain his/her unit in a clean, tidy, condition and the Member shall, upon termination of
his/her occupancy ensure the unit is clean for the next occupant.
REPAIRS/CLEANLINESS
12. (a) The Co-operative shall provide and pay for all necessary repairs, maintenance, and replacements of project property including the
Member's unit and the fixtures and furnishings (if any) provided therein, as determined by the Board of Directors of the Co-operative
except as specified in clause (b) of this article.
(b) The Member agrees to pay for the repair and maintenance of his/her unit and fixtures to the extent of repairs and maintenance
necessitated by the negligence or misuse of the Member, his/her family, guests or agents.
(c) The Member agrees to report all damage and breakages promptly to the Co-operative and agrees that the Co-operative will
arrange for necessary repairs being made.
UTILITIES
13. It is understood and agreed that the Co-operative will provide electricity, heat and hot water as a part of this
agreement and for the Occupancy Fee referred to above.
ACCESS
14. The Co-operative retains the right to erect, use and maintain pipes and conduits in and through the Unit and the right to enter the Unit in
case of emergency and as provided in the By-Laws of the Co-operative, and to enter by its maintenance department or exterminators
for the purpose of pest control, and to enter for the purpose of room checks, and to enter and make such repairs, alterations or
improvement, or do such decorating work as the Co-operative may deem necessary or desirable, and for a period of thirty days prior to
the termination of this agreement to enter for the purpose of exhibiting the Unit to prospective Members. The occupancy fees shall not
abate while the said entries continue unless the Member's Unit is rendered unfit for habitation. During any such entry the Co-operative
shall take reasonable care of the Member's property.
INSURANCE
15. The Co-operative shall provide such insurance, as it deems necessary on the building and equipment. The Member shall be
responsible for purchasing any fire or extended coverage or other insurance that he/she may desire on his/her own goods and
furnishing in his/her Unit, and any liability insurance he/she may desire.
RULES, REGULATIONS, POLICIES
16. The Member covenants and agrees that he/she will preserve and promote the principles on which the Co-operative has been founded
and that he/she, his/her family, servants, employees, agents, visitors and licensees will abide by its Charter and By-Laws and rules,
regulations, policies and decisions adopted by the Board of Directors of the Co-operative and its committees. It is the policy of the Co-
operative to post such policies and decisions in a prominent location within the building, and tG make all the documents mentioned
herein available for inspection by Members of the Co-operative. However, it shall be the Member's responsibility to determine the
policies relevant to his/her conduct and ignorance of any such policies or any failure to post such policies or decisions shall be deemed
not to be sufficient excuse for a breach thereof.
SERVICE TO THE CO-OPERATIVE
17. Each Member shall, unless excused by the Board, give a minimum of at least the number of hours of service per month to the Co-
operative as determined by the Board of Directors (other than the maintenance responsibilities relating to his/her room/Apartment
and/or Unit).'
DEFAULT BY MEMBER AND EFFECT THEREOF
18. If a Member defaults in carrying out the terms of this agreement or his/her duties under the Charter or By-Laws of the Co-operative,
his/her membership in the Co-operative may be terminated by a Resolution passed in accordance with the By-Laws at a meeting of the
Board of Directors. The Member must be given ten days prior written notice of the meeting of the Board of Directors at which it is
proposed to consider such a Resolution, and such notice shall set forth the grounds for termination. The Member shall have an
opportunity to appear, either personally or by agent or counsel, to make submissions at the meeting of the Board of Directors. The
00000000000000900000000000000000000000000000000000000000000000
DAMAGE BY FIRE
20. In the event of loss or damage by fire or other casualty to the unit, the Co-operative shall determine whether or not to restore the
damaged premises. The Co-operative will within thirty days after such fire or other cause give the Member a notice in writing of such
decision.
If under such circumstances the Co-operative determines to restore the premises Occupancy Fees shall abate from the date of the
damage wholly or partially as determined by the Co-operative until the premises have been restored. If, on the other hand, the Co-'
operative determines not to restore the premises, the Occupancy Fees shall cease from the date of such damage. No penalties shall
accrue for reasonable delay, which may arise by reason of adjustment of fire insurance on the part of the Co-operative and/or Member
and for reasonable delay on account of labour troubles or any other cause beyond the Co-operative's control with respect to the
restoration of the said premises.
NO ABATEMENT
21. It is agreed that there shall be no diminution or abatement of the Occupancy Fees or any other compensation for inconvenience or
discomfort of curtailment of any of the various services herein agreed to be furnished by the Co-operative arising from the making of
repairs or improvements to the building or its appliances, nor for any space taken to comply with law, ordinance or order of a
government authority, or if such interruptions or curtailment shall be'due to accident or inability or difficulty in security supplies or labour
for maintenance of such service or to any other cause whatsoever other than the negligence of the Co-operative. No such interruption
or curtailment of any such service shall be deemed a constructive eviction. The Co-operative shall not be required to furnish and the
Member shall not be entitled to receive any of such service during the period when the Member shall be in default in respect to the
payment of the occupancy fees.
NOTICES
22. Wherever the provisions of law or the By-laws of the Co-operative or this agreement require notice to be given by either party hereto,
such notice may be in writing given personally or left at the Unit of the Member or attached to its door, or given by the Member to the
Co-operative by prepaid mail addressed to the Co-operative office, and the time when the document was delivered or left at the Unit or
one day following the date of mailing shall be deemed to be the time of the giving of such notice.
MEMBER'S LIABILITY FOR EXPENSES
23. If the Member shall default in the performance of any covenant in any article of this agreement, the Co-operative may without notice,
perform the same for the account of the Member. Or should this agreement be terminated by reason of the default in the performance
by the Member of any covenant herein contained, the Member shall be liable for and shall pay to the Co-operative as liquidated
damages, all expenses incurred by the Co-operative arising from such default and including but not limited to the following:
(a) All legal fees as between a solicitor and his/her own client for instituting, prosecuting or defending any action or proceeding arising
out of or connected with any default by a Member hereunder, or taken in order to gain possession the case of over holding or in the
case of termination under this agreement;
(b) The cost of preparing the dwelling unit for a new occupant.
(c) Any losses sustained by the Co-operative by reason of commitments with respect to any Unit which was not duly vacated pursuant
to the terms of this agreement.
ORAL REPRESENTATIONS NOT BINDING
24. The Co-operative and the Member shall be bound by the Charter, By-laws, rules, regulations, policies and decisions of the Co-
operative and no representation other than those contained in this agreement shall be of any force or effect to change, modify or
discharge this agreement in whole or in part. If there is any conflict between this agreement and the Charter or By-laws of the Co-
operative for the time being in force, then the Charter and By-laws shall have precedence and this agreement shall be deemed to be
amended-insofar as is necessary to give effect to the Charter and By-laws. Where more than one Member executes this agreement
the obligation of such Members hereunder shall be joint and several.
In WITNESS WHEREOF Neill-Wycik Co-operative College Incorporated has caused this agreement to be signed by a person duly
authorized in that behalf, and the Member has executed this agreement this ______ _
day of ________________ , 20 ____ __
SIGNED, SEALED, AND DELlVER!=D
Signed, Sealed, and Delivered
in the presence of:
Phone number (if not on Wycik system)
PER _____________________________ _
MEMBER __________________________ __
MEMBER _______________ _
INTRODUCTION
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By-Law No. 35
Schedule "P"
PARTICIPATION POLICY
A student-housing co-operative is affordable because members give their time in different ways.
Without this valuable resource many of the amenities that Neill-Wycik Co-operative has to offer might
cease to exist; for instance, the work of the Social Activity Committee and the facilities it supports is
entirely dependent on volunteers.
For this reason each member of Neill-Wycik Co-operative has an obligation, as stated in the
Occupancy Agreement (Schedule '0'), to provide a minimum of two Member Contribution Hours per
month of residence. Members who do not honour their obligation shift the burden to other members
and create more work for the Board and management. In fairness to the members who do participate,
a system of progressive consequences exists to address the non-participation of members.
PENALTIES
When a member does not complete their Member Contribution Program hours for a given month, they
are sent a letter requesting their presence at the Member Relations Committee meeting for the
following month. The committee reviews submissions from members regarding non-completion and
assigns penalty hours to be completed by a deadline. These hours are usually completed through the
maintenance department.
If the hours are not completed by the assigned deadline, an automatic fine of $10.00 per penalty hour
is assigned with a deadline for payment. If payment is not received by the assigned deadline, this
information is forwarded to the Board and the member is invited to make submissions to the Board
regarding non-completion. The Board may assign additional hours with a further deadline and
possible fine.
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BY-LAW 35
NEILL-WYCIK CO-OPERATIVE COLLEGE INCORPORATED {PRIVATE}
Workplace Violence and Harassment By-law
BY .. LAW NO. 36
A by-law dealing with preventing and responding
to violence and harassment in the workplace
1. By-law Statement
Neill-Wycik is committed to the safety of its workers. Co-op staff should enjoy
a workplace that is free from violence and harassment. No worker, volunteer
or any other individual associated with the co-op shall subject any other
person to workplace violence or harassment or allow or create situations that
allow workplace violence or harassment to occur. The co-op will
support and promote a program on the prevention of workplace violence
and harassment
" regularly assess the risks of workplace violence
o identify possible sources of violence and harassment;
" strive to eliminate or reduce the risk of workplace violence and
harassment;
" take every precaution reasonable in the circumstances to protect workers
from domestic violence that would likely cause physical injury to workers in
the workplace;
II investigate and deal with all incidents and complaints of workplace
violence and harassment in a fair and prompt manner
2. Purpose of By-law
The purpose of this by-law is to
tl identify roles and responsibilities when violence or harassment take place
in the workplace;
() set out how the co-op will respond to reports of violence or harassment in
the workplace.
3. Definition of Workplace Violence and Harassment
Under the Occupational Health and Safety Amendment Act 2009:
workplace harassment means
1\ engaging in a course of vexatious comment or conduct against a worker in
a workplace that is known, or ought reasonably to be known, to be
unwelcome.
workplace violence means
o the exercise of physical force by a person against a worker, in a
workplace, that causes, or could cause, physical injury to the worker,
e an attempt to exercise physical force against a worker, in a workplace,
that could cause physical injury to the worker,
BY-LAW 36 PAGEl
b) Workers who feel they have been harassed have a duty to communicate
clearly to the person who harassed them that the behaviour was
unwelcome, unless it is unreasonable to expect them to do so.
c) Workers who report an incident or file a complaint have a duty to co-
operate with the people who are looking into the incident or complaint.
5.3 Rights of the Person Accused of Violence or Harassment
A person accused of violence or harassment has the right:
a) to be told that a report or complaint has been filed;
b) to know who filed the report or complaint, unless the co-op decides that
reprisals are an issue, in which case the name may be withheld. This
should be done only in the most extreme circumstances;
c) to be told about the co-op's process for looking into the incident or
complaint;
d) to choose a person to be with them during meetings about the incident or
complaint. This can be a lawyer or other person;
e) to be treated fairly during the investigation process
5.4 Duties of the Person Accused of Violence or Harassment
Anyone accused of violence or harassment has a duty to co-operate with the
co-op in the investigation of the incident or complaint.
6. Reporting Workplace Violence
a) When an incident of workplace violence occurs, the co-op will notify police
or emergency responders for immediate assistance where necessary.
b) If the incident results in a person being killed or critically injured, the co-op
will immediately notify a Ministry of Labour health and safety inspector, the
co-op's health and safety representative and union, if any, and within 48
hours notify, in writing, a director of the Ministry of Labour.
7. Investigating Incidents and Complaints
The co-op will investigate all incidents and complaints about violence and
harassment promptly:
BY-LAW 36 PAGE 3
The Co-op will disclose information only on a need-to-know basis.
9. Action by Co-operative
While the incident or complaint is being investigated, the co-op will
(a) limit contact between the parties involved in the incident or complaint
(b) assist the affected worker in obtaining help to deal with any stress they
may be feeling (refer to the Employee Assistance Program for
counseling).
10. Other Legal Rights
This by-law does not in any way limit the right of workers to take any other
legal action resulting from violence or harassment.
CERTIFIED to be a true copy of a By-law passed by the board of directors at a
meeting held on the 13
th
day of June, 2011.
RATIFIED by the General Membership at a duly called Annual General Meeting on
March 28, 2012
BY-LAW 36 PAGE 5
Policy regarding roommates in "A" & "K" units
The internal waiting list for these units is extensive and members often wait
more than 18 months before being offered a unit. Members have the option
of four refusals before their name is placed at the bottom of the list in order
to provide some choice of units. It is the policy of the Board that members
should not be 'bumped' on the list without approval of the Board at a duly
called meeting. In recognition of this, the Board has approved the following
policy:
"When a member who has an "A" or "K" unit takes a roommate, it is the
policy of the Board that in the event of the original member moving out, the
roommate does not take legal possession of the unit but would have to move
out to the first available unit offered to him/her by housing, unless
successfully appealed to the Board."
Approved by the Board of Directors on December 13,2004.
APPENDIX 4
ALCOHOL POLICY AND ROOM USE AGREEMENT
Updated: March 12, 2001
Definition of intoxication: Anyone who consumes enough liquor that slhe would pose a foreseeable
risk of causing injury to herlhis person or injury or damage to the person or property of others.
Identification: Neil-Wycik members and Guests of members must have a Neill-Wycik ID card, as well
as an Age of Majority Card or a picture driver's license or another government photo identification
that has a birth date to be served alcohol. No other form ofID will be accepted.
The only room that members may book for events with alcohol is the Steamer. The Kafe may be
booked for alcohol-sponsored events, but the Host prior to the event MUST obtain a Special
Occasions Pennit. Board members or the General Manager may book the Hanke for special functions
with alcohol.
RESPNSIBILITES OF THE MEMBER: As per our by-laws, members must not behave in any fashion
that may unreasonably interfere with the enjoyment of other members, molest annoy or harass other
members. Also, members are responsible for acts, omissions and behaviour of their household,
members take full responsibility for the actions of their guests and all persons invited or pennitted into
the Unit or other property of the Co-op. This means that members take full responsibility for the
actions of their guests, and if the guests become intoxicated, it is the responsibility of the member to
ensure safe paid passage home, or to provide overnight accommodation.
RESPONSIBILITIES OF THE COPORATION: It is Neill-Wycik's responsibility to take reasonable
measure to ensure that no one attending a function at which the corporation provides alcohol becomes
intoxicated. It is Neill-Wycik's responsibility to take such actions as are reasonably possible to ensure
that any guest or member who does become intoxicated had a safe way home. The on-duty security
person may be called to help if necessary and medical attention will be sought if needed.
The law imposes a legal obligation on Neill-Wycik to prevent public intoxication and prevents
consumption of alcohol outside of living areas except as a social event facility only while a social
event is taking place. It is Neill-Wycik's responsibility to ensure that all areas of the building are safe
and maintained to reduce the possibility of accidents during events at which alcohol is served.
It is Neill-Wycik's responsibility to ensure bartenders are trained and that bartenders, whether
volunteer or paid, are aware of the liabilities involved in serving alcohol.
RIGHTS: Neill-Wycik has the right to not admit anyone to an event at which the corporation provides
alcohol if it is believed that the presence of that person is undesirable or slhe is exhibiting signs of
intoxication, rowdy, high or aggressive behaviour. It is also Neill-Wycik's right and responsibility to
ensure that no one with a history or 'trouble-making' is admitted to any party at which the corporation
is providing the alcohol. To do so is to increase our liability.
Neill-Wycik has the right to ask anyone to leave an event at which the corporation provides the
alcohol if it is believed that the presence of that person is undesirable or slhe is exhibiting signs of
intoxication. Security may be called if necessary. The baliender has the right to refuse to serve any
person who exhibits signs of intoxication or who is believed to be intoxicated. Age ofmajority
identification must be presented upon demand.
10. Only SMARTSERVE or other course approved trained members/staff may act as bartenders.
11. A security representative must be on duty at any alcoholic event (one security guard for every 50
members) [the security staff member may act as a volunteer or be paid] The security guard will
receive $50.00 for the event.
12. A trained bartender may be a volunteer of the building or be paid for working the event. The rate
of pay shall be $10.00 an hour to a maximum of$50.00.
13. Every event must have a door-person who checks for Wycik ID and ensures that all non-members
are signed in. The door-person should be a security or other responsible staff member.
14. Members/staff working the event must not consume alcohol during any party at which they are
working.
15. Noone may bring their own alcohol.
16. EXCEPTION: Community Assistants (CA's) often hold floor functions throughout the year. CA's
are considered staff and will be allowed to have alcohol at a social function without
SECURITY/BARTENDERS, providing there are no more than 35 members in attendance and no one
has any more than the equivalent of 1-60z glass of wine; 1-120z glass of beer; I-ounce of liquor per
hour to a maximum of2 drinks. The CA must have passed an accredited course such as
SMART SERVE. The CA MUST NOT drink during the function and are solely responsible for
dispensing the alcohol. They can hold these events in the Steamer, Kafe or the Hanke with approval
from the CDC. The CDC must be given 5 days advance notice. Security reserves the right to close
down any function.
WHERE NEILL-WYCIK DOES NOT PROVIDE THE ALCOHOL/SPONSORSHIP
The responsibility of the event lies in the hands of the member holding the funtion. Members
must payout of pocket for security. The alcohol and room use mles must be followed except,
members may book the Steamer for a party and may have alcohol without security in attendance if
there are less than 10 people at the function. At least half of the attendants MUST be Neill-Wycik
members. Security had the right to close down the function at any time if they believe there is a
security risk.
The Host must be aware of the liabilities involved in holding functions with alcohol as described
above.
Any member who invites non-members to herlhis function must provide security with a guest list and
ensure herlhis guests sign in at the front desk.
A member must repOli that slhe is having a party with alcohol when booking an event. If the member
fails to do this, the event will be cancelled. The member must give a minimum 5 days notice before
the event to the Security Supervisor or Community Development Co-ordinator.
Member's Signature and Unit Date
Authorized Staff Signature Date
Received $100.00 deposit: ______________ _
Signature of Authorized Staff
APPENDIX 5
ROOM USE INSPECTION LIST
Please print legibly!
Event:
---------------------------
Date: Time:
--------------- ---------------
Facility: Steamer _ Kafe_ Mtg. Room _ ALCOHOL Y N
Roof deck: 23
rd
Floor 4th Floor 5
th
Floor
Member:
-------------------------
Unit #: Phone #:
--------- -----------
Sponsors:
Name Signature Phone #
THIS MUST BE COMPLETED BEFORE CLEARANCE IS GRANTED
PRE POST
All garbage emptied and containers cleaned
Floors clean, no butts or broken glass
Walls and ceilings cleaned (no marks, decorations)
Fridges empty
Counters cleared and wiped
Hallway swept and mopped
Audiovisual equipment
Chairs and table cleaned and placed against the walls
Light fixtures undamaged
APPENDIX 7
GUIDELINES FOR PURCHASING AND STORAGE OF ALCOHOL *
Purchasing:
Calculate 4 bottles of beer (12 ounce bottle) or 3 ounces of spirits, or one half bottle of
wine (750ml bottles) (or any combination thereof) for any three-hour period. (Therefore
if 100 people of legal drinking age are expected at a party that is expected to run from
9:00pm until midnight, the co-op would provide no more then 400 bottles of beer (12
ounce bottles), or 300 ounces of spirits or 50 bottles (1 bottle 750ml) of wine, or any
combination thereof.
Storage:
If the expected numbers of members do
no attend, the overage of alcohol will be stored in the kitchen of the administrative
offices immediately following a party. The bartender will count the amount of alcohol
remaining and report it to the Community Development Co-ordinator.
*adapted from September 1988 Governance
Bulletin Board Policy
The bulletin boards serve as a primary means of communication in Neill-
Wycik. Inorder to assist the CAs and others in managing the information
posted, these guidelines have been established.
Each of the boards on a given floor shall be designated for a specific use
and labeled appropriately as follows:
1) One board is reserved for information from the Board and SAC events
and meetings.
2) One should provide CA and office information
3) One board should outline Member Contribution options
4) Any additional boards would be available for member use based on
the following criteria:
1) Any items for sale must be items belonging to a Neill-Wycik member.
These posters may be placed on any bulletin board provided they
have been approved and stamped by Security staff.
2) Offensive material is not permitted and will be removed immediately.
Members found posting offensive materials may be required to
appear before the Member Relations Committee and/or Board of
Directors.
3) External job postings and other office information are placed on the
bulletin board outside the main office on the 22
nd
floor.
4) Information from outside sources can only be placed on the bulletin
board across from the mailboxes on the first floor.
Decoration of the boards is at the discretion of the CA for that floor.
This responsibility can be assigned to an interested member or
committee, provided the CA reviews same to ensure compliance with
this policy.
Approved by the Board of Directors on June 26, 2006
primary committees and 1V2 hours/month on their secondary committees. Possible
committees are listed below.
Potential Primary Committees (8 hours/month)
Food Drive - two pick-ups per month
Essentials Drive - two pick-ups per month
Recycling - all the floors
Movie Nights - one per week (this CA may not have to do a secondary committee)
Mary's Home Baking - two pick-ups per month
Newsletter - each newsletter will include notes from the Office, Board and SAC. As
well, there will be a list of all the CAs, their committees, Office hours and extensions
and a calendar for the next month. Also the CA will be the one to put the
newsletter together - as opposed to getting someone else to do it.
Community Cooking - one pick-up and one distribution/month
Potential Secondary Committees (2 hours/month)
Potluck - once/month
Community Support
Sports Event - once/month
SAC meeting - two 1-hour meetings/month
Orientations - once/month
Decorating - once/month
.Leading to Reading
Coffee Nights - once/month
MRC - once/month
Book Club - twice/month
Bulletin Board Manager - one CA will go to each floor twice a week to put up new
posters and take down old posters. He/she will also organize the bulletin boards
into the following categories: Board/Office, SAC Events/Facilities, CA/MCP hours and
one or two Member boards.
Also if any of the CAs are Facility Managers before September or if they become a
Facility Manager because we can't find a regular member to fill the position - this
should be acceptable as the secondary committee.
If the CAs have other ideas (that are acceptable to the CDC and the Board/CA
liaison) then we should allow them.
Office Hours
CAs are expected to make a reasonable effort at being available; this means returning
phone calls promptly. However, in order to make it easier for members to contact their
CA, the CA will be asked to establish Office Hours. These will be two one-hour sessions
during the month when the CA will be available for questions. These will be held in the
CA's unit, at the Front Desk or Hanke Lounge. The time and place will be posted and
be consistent from month-to-month.
Parking Policy
Neill-Wycik provides 57 spots on two levels. The parking area is for the use of
member/staff vehicles that are in regular use, not for storage. The following
rules apply to aU vehicles parked within Neill Wycik.
Assignments and Waiting Lists
1. Parking assignments are renewed every term and current users are given
priority. All assignments are subject to the arrears policy.
2. An application must be completed and approved before a parking pass
can be issued. This information must be updated as necessary to ensure
that cars are not towed. Security staff patrol the garage regularly to
identify cars that are not authorized and have them towed. '
Fees and Payments
1. The car parking fee is $75 per month or $300 per term. The fee for
motorcycles is $20 per month or $80 per term. All fees must be paid in
advance. Members who wish to renew must pay their fess by the 15
th
of
the month prior to the beginning of the new term. Users must cancel
their parking one month in advance, except for renewal times, or be
charged for one month's parking fee.
Access
1. Security will enable Neill-Wycik ID cards to provide access to parking upon
presentation of a valid receipt.
Rules
1. A member is only entitled to one car and one motorcycle spot. If there is
no waiting list, a member may be allowed to rent an additional spot but it
must be surrendered if there is a demand.
2. The spot is assigned to the member only and is not transferable. Proof of
ownership must be provided to the office if requested.
3. Parking is not allowed in areas other than those designated as parking
spots within the garage. Cars parked in other areas are subject to being
ticketed and/or towed at the owner's expense.
4. Any vehicle that does not display a valid parking pass may be towed.
5. The office must be informed in writing of any change of vehicle or license
number. Vehicles not registered with the office may be towed without
notice regardless of any parking pass they display.
POLICY REGARDING CONDUCT WHEN A STAFF MEMBER
IS ALSO A NEILL-WYCIK MEMBER
r1g a member of Neill-Wycik Co-op College as well as being a staff member can create some interesting
challenges. Members have certain rights to question policy and procedure of the Board and Management;
however, staff members must uphold all these policies in their daily duties. So where do the rights of
members end and the obligations of your position begin? This policy is designed to help staff understand
what they can and cannot do as a member.
WHY THIS POLICY IS IMPORTANT:
Members see you as a staff person, whether you are working or not. You may feel that what you do in your
spare time as a member of Neill-Wycik should be only your business, but it is important to remember that
once you are known as a staff member, you are always seen as such and the members constantly scrutinize
your actions. You constantly deal with the members of Neill-Wycik and must have their respect. Respect is
earned both on and off duty. There is a fast working rumour mill at Neil-Wycik. You may think that your
actions are only seen by few people or only by your "close friends", so no one else will find out if you breach
a by-law but this is not the case. Almost everything that happens at Neill-Wycik eventually makes the
rounds of the rumour mill.
Failure to conduct yourself as per this policy will result in disciplinary action or immediate dismissal.
Code of Conduct:
1. As for all members, but especially for staff who are members, you or your guests must abide by all
by-laws, policies, rules or regulations of Neill-Wycik. Members who know, or see a staff member
breaking a by-law or policy will not have respect for the rule or that staff member.
2. You are encouraged to get involved in any club or activity of your choice providing it adheres to the
Co-op/SAC principles. As for all members, you cannot participate in or lead any activity that is or can
be considered raCist, sexist, homophobiC, vulgar, crude or offensive. Members must feel that they
can trust you with any sensitive issues they may have ..
3. You can vote any way you wish at General Members' Meetings but you cannot speak publicly against
a by-law or policy or a proposed by-law or policy of Neill-Wycik. Should you wish to voice your
concerns you can meet with your immediate supervisor, discuss issues at staff meetings, ask to meet
with the General Manager or voice your opinion by asking the board for a special session to voice
staff concerns about any policy, by-law, rule or regulation at Neill-Wycik. This is actually a better
way to get your concerns heard and possible create change and gives you better access to those who
can make changes happen. In this type of forum you will have more time to say what you wish.
4. Consistency is important in all aspects of the service we provide. To this end, you cannot seek or
provide special treatment by virtue of your position beyond what would be given to any member.
5. Any act or behaviour or omission thereof, which may cause the co-op, or the staff/member to be held
in disrepute, may be grounds for disciplinary action or dismissal.
OTHER:
Remember - if you find yourself in a position in which an illegal activity or a breach of a by-law is about to
j ~ place, you should advise the parties present that before they commence that activity, as a
staff/member you will have to report the activity should they continue. If it does continue, you should
remove yourself from the situation and report if to security staff at the front desk.
December 1, 1998
3.2 Telephone services
We are committed to providing fully accessible telephone service to our customers. We will
train staff to communicate with customers over the telephone in clear and plain language
and to speak clearly and slowly.
We will offer to communicate with customers bye-mail if telephone communication
is not suitable to their communication needs or is not available.
3.3 Assistive devices
We are committed to serving people with disabilities who use assistive devices to obtain,
use or benefit from our goods and services. We will ensure that our staff is trained and
familiar with various assistive devices that may be used by customers with disabilities
while accessing our goods or services.
3.4 Billing
We are committed to providing accessible invoices to all of our customers. For this reason,
invoices will be provided in the following formats upon request: hard copy, large print, e-
mail.
We will answer any questions customers may have about the content of the invoice in
person, by telephone or email.
4. Use of service animals and support persons
We are committed to welcoming people with disabilities who are accompanied by a service
animal on the parts of our premises that are open to the public and other third parties. We
will also ensure that all staff, volunteers and others dealing with the public are properly
trained in how to interact with people with disabilities who are accompanied by a service
animal.
We are committed to welcoming people with disabilities who are accompanied by a support
person. Any person with a disability who is accompanied by a support person will be
allowed to enter Neill-Wycik Co-operative College's premises with his or her support
person. At no time will a person with a disability who is accompanied by a support person
be prevented from having access to his or her support person while on our premises.
Fees will not be charged for support persons for admission to Neill-Wycik Co-operative
College's premises. Customers will be informed of this by a notice that will be posted in
Neill-Wycik Co-operative College's premises.
5. Notice of temporary disruption
Neill-Wycik Co-operative College will provide customers with notice in the event of a
planned or unexpected disruption in the facilities or services usually used by people with
mailing the Neill-Wycik Co-operative College, 96 Gerrard Street East, Toronto,
ON M5B 1 G7, Attn: Finance and Administration Manager.
All feedback will be directed to the Finance and Administration Manager. Customers can
expect to hear back with an acknowledgement of their concern within 5 business days of its
receipt by the Neill-Wycik Co-operative College. Privacy will be respected and all feedback
will be reviewed for possible action that can be taken to improve access to Neill-Wycik Co-
operative College goods and services. Feedback received will be redirected to an
appropriate contact person in the relevant division of the Neill-Wycik Co-operative College,
as appropriate.
Where possible, complaints will be addressed immediately. However, some complaints
may require more effort to address, and must be reviewed for action, possibly involving a
number of participants at the Neill-Wycik Co-operative College. The acknowledgement of
receipt of complaint or concern will indicate how the matter will be addressed and when
the individual can expect to be notified of the outcome. The Neill-Wycik Co-operative
College will follow up on any actions arising from the feedback and the timeframe for
implementation will be provided as part of the notification of outcome.
Feedback/response will be in a format that is accessible to the complainant.
8. Modifications to this or other policies
We are committed to developing customer service policies that respect and promote the
dignity and independence of people with disabilities. Therefore, no changes will be made to
this policy before considering the impact on people with disabilities. Any policy of Neill-
Wycik Co-operative College that does not respect and promote the dignity and
independence of people with disabilities will be modified or removed.
9. Questions about this policy
This policy exists to achieve service excellence to customers with disabilities. If anyone has
a question about the policy, or if the purpose of a policy is not understood, an explanation
should be provided by, or referred to the Finance and Administration Manager of Neill-
Wycik Co-operative College.
t By-law No. 9
Sqhedule "J" (Internal)
1i

p

This is an agreement Co-operative Gollege Inc.,
,

will be vacating unit on the date stated below.

This agreement also optlines the responsibilities which the
undersigned agrees to

. .
PART A: Not1ce of to Term1nate Occupancy
:j
I the undersigned formal notice that I will vacate my
unit on 1 __________ 1 +9 ___ . .
month
And do hereby surrender my Occupancy
PART B: Responsibilitie(
day?year
rights as;6f that
1 :j
f: ,
i'
time.
. .
I the unders1gned member understand be respons1ble
the following and agree to fulfil these /res'ponsibili ties:
for
1. Payment of the housing charge for theJunit I will be moving
into, as stated on the Occupancy
2. continued payment of tpe housing cparges for my present unit
of the College and assun\e the ohl1:gations of my Occupancy

Agreement., <', }
t
3. For advertising my unit'i,s avai ability within the building by
posting notices in common usirt9' masking tape only.
4. For leaving my unit in orderly condition for the
new occupant.
member
Accepted by Neill-Wycik
Per:
unit
1i.
\
co-operative
28
it.
\,
date
College, Inc.
date recehlied

To:
unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
Take notice that at a meeting of the Board of Directors heltl on
the
day of , 19 ____
Dated this day of
____________ , 19 __ __
Per:
.,
26
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
.
Toronto.
or counselor both.
Dated this day of
____________ , 19 __ __
Neill-Wycik co2operative.College Inc.
Per:
24
shall the Occupancy rights of the Sub-occupying Member., No such
Member remains in possession of the u n i ~ .
the term.
Dated At __________ ~ - - - - - - - , this day of
__________ , 19 ___ .
Per:
Member
.,
22
to this document. .
19
By-Law No. 9
Schedule "B"
without controls, as long as ~ u c h actions did not infringe on the
the outside world, and, therefore, the college is not a separate
As part of ' the co-operative movement, the College, through its
outside world. .
ience of living, must be set. ~ h e y are not meant to oppress, but
to inform.
society's laws and
2
3
The deliberate destruction or damage of the College's pro-
perty, or the property of any membe}, employee, visitor or
Theft is not tolerated.
tolerated.
17
compliance with the provision of this By-1aw and if no injustice
resul ts. Any member may waive, in writing or by conduct, any
By-law.
54., Partial Invalidity
pursuant to this By-law, or constitute any cause of actioh in
from 'insisting on its rights with respect to any other or continued
breach or default.
55. Policies
President
Fred Malin Jim Lindenas
secretary
President secretary
15

College.
the authority of a writ of Possession or other jUdicial process.
44. Abandonment
resulting to the College shall be the" responsibility of the
abandoning member.
Article X
the co-operative corporations Act, he shall be deemed to have given
sees fit against the member without the n e ~ e s s i t y of following the
of intention to withdraw from membership under Section q4 of The
13
Article IX
(b) ThEf"1l1emb"O ilia"
. . ... " .
(c) The member ii"as, 'fn'" the"'opinion of the Board substantially or
repeatedly with the enjoyment of other members of the
use of their units contrary to Paragraph 22 of this By-law. 0
(d) The member has, in the opinion of the substantially or
repeatedly failed to observe his maintenance. and repair
respons;bilities as set out in Paragraph 25 arldllHeMa;ritenance '. '!
Policy.i1 C-
(e)' The member has committed any other breach or breaches of his
obligations under this By-law or any of .the Charter, By-laws or
occupancy.
capable of remedy,
(iii) require the member to make in money for the
( i v) setting out the time and place for the meeting to
terminated.
such notice may be in the form hereto attached as Schedule "F".
vote.
11
II
the member shall be able to occupy. any vacant unit of housing of
Article VIr.
29. No strangers
to be responsible for his behaviour within the College. .J
31. Guests
v
, oJJ -0/ rv
. ,.
No member shall have any guests in his room or period
and. any continued occupancy after that date shall be considered a
N9 member shall have a roomer, boarder or other person sharing the
If any such person occupies a unit without for membership,
occupancy after that date shall be considered'a default by the
members occupying the
33. No Assignment
c ve ...

,Regtilat:lcHis;', sert.out: in. "B" .
from't.ln{e"toOtlinebytheBoardof Directors' tore'fle"Ctthe ..
observed by all members and the college.
24. Privacy
(a) The College or anyone on its behalf shall not E?nter any
member's unit without.the member's permission except in the case
},,(b) designated by the Board shall be permitted to enter
" each unit' on twenty-four hours written notice for a regular
\J. maintenance and repair purposes that may be authorized by the
delivery.
25,. .1>iaintellance and Repair
his unit in a reasonable state of
cleanliness at all times, and shall comply with all requirements ,
set out in \.he Maintenance Policy attached to this By-law as
Schedule "e".
Board. At the end of a member's occupancy of a 'roomor unit, he
without injury to the room or unit. '
in the unit or its equipment or in the buildinq containing the
(e) The College may perform any of the maintenance' or other
circumstances, and the member shall reimburse the for the
7
the applicable charge in the such manner and
Board may' direct..
at such place as the
due notice in accordance witp the By-law, and does not owe any
money to the College. Otherwise, the final month's charges may be
set by the College against any sum due to it from the member.
.. i

15. separate School support
the member's unit.
16. Additional charges
.4
charges shall include returned cheque charges, cO,llection charges,
t .,..... " ., ... :.Fl,<, ... " ",'i,
r\yV iri'
J
Article IV
,-{
17 Determined by Commi ttee ....
Hous ing charges or other chargesrsitii or any other
charges payable by members, shal("f)'e decided by a vote of the
members, or a body duly elected or appointed, by the members or a
committee thereof. '
5
Charter " By-laws, Rules and Regulations, and Occupancy Agreement
6. Priority
this By-law with respect to resident members .
.,
3
II .Ar:!::"oars
( a) Arrears are any amounts owed to the co:':operative that have
been received when due. This includes, but is not limited
housing charges, social activity fees, parking charges I
not
to,
and
charges levied against the as a result of a
be paid by the member. In addition, the member will be con-
sidered to be in arrears until such time as the cheque is
replaced and the service charge is paid. When a member has had
two cheques returned, payments must be made by certified
cheque, money order, or cash for the balance of the lease.
(c) Room transfers are not allowed to members in arrears unless
authorized by the Board or Rental Arrears committee to reduce
arrears.
(e) Directors 'or members of Conuni ttee who are in arrears will be
ing evictions.
188
mo TEMPORARY SUB-OCCUPANCY RTGHTS
I/We t:he undersigned member(s) request per:nission to grant temp-
8rary sub-occupancy rights for the unit f for which I/we hold
understand that the granting of said temporary sub-occupancy
'occupancy agreement mentioned herein.
to the Co-operative an administration fee of $ ________ _
occupancy, that such notices will- be affixed to walls by masking
tape only.
the Co-operative.
Date on which temporary sub-occupancy will commence:
Date on which temporary sub-occupancy will cease:
member(s) signature date
186
To:
unit:
Address:
By-law No. 9
Schedule lIH"
NOTICE TO QUIT
day of I 19 ,in the City of Toronto,
the day of , 19 __
Dated this day of
______ , 19
Per:
184
To:
unit:
Address:
By-law No. 9
Schedule "F"
NOTICE TO MEMBER
set for the
DATE:
TIME:
PLACE:
terminate your occupancy rights with respect to Unit
at 96
or counselor both.
Dated this day of
19 __ _
Per:
182
in writing of the Co-operative.
terillinated, or if the Member resigns from membership or his/her
illembership rights are terminated, the term of his/her Sub-Occupancy
shall relieve the Member of his/her obligations during
Terminate so that the Co-operative may regain possession at the
end of the term.
Dated At
__________________ , this
day of 19
Per:
Member
180
\ \:;1 Ii" '(-
(lIt
"C"
2.
6.
7 .
8 .
9.
:::acl1 ::Jember 3haL'::" ::Jain-cain h:'s/her uni -:. :"n a ::-easonable s::ate
Qf cleanliness a-c all -:':'2es and 3hall comply all
::-equirenents and s-candards of health authorities and o"Cher
au-chor:.ties respecting standards of cleanliness, maintenance
arl.d
3ach member shall pay for the repair of damage caused by
his/her or negligent conduct or -cnat of persons
others occupying his/her unit.
No member shall make any alterations or improvements to
system, \Ilithout the permission in Ilriting of the Board of
Directors or it I S designated committee. At "'the end of a
:Sach :nember shall report to the Co-operative promptly any
dhich comes to the knowledge of the member and which may cause
:'he co-operative may perform any of the cleaning or other
A member may paint their unit provided s/he uses paint
be painted is eligible for the paint to be supplied free.
Members shall not behave in any way which obstructs the fire
safety procedures of the building, including insuring that no
object in their unit blocks any fire exit.
The Co-operative may restrict the keeping of non-co-op owned
fridges, stoves or hotplates in rooms or units. The Co-oper-
Each member shall pay a maintenance deposit as sta-ced in
paragraph 9 of this By-law. The Co-operative may deduc:: :::oney
from this deposit for unreturned keys, rooms or units 1ef-:' in
a ::iirty condition, damage as stated :'::1 sec:::'on 2 y: -:his
3chedule or any unreasonable and -:ear -:0 their or
unit or -:he furnishings of the Co-coera-c:'7e.
By-Law No. 9
Schedule liB"
?he following rules and regulations are put into effect to keep
a safe and comfortable place to live, and visit.
laws of the land also apply.
l. (a) Violence toward members, employees or visitors is not
tolerated.
is not tolerated.
tolerated.
building.
7 introduction of pets into the Co-operative is allowed only
" /
\. I !"
176

Passed by the Board and sealed with the seal of the Co-
operative this 12th day of October, 1988. /
Pres ident skcretary
/
Confirmed by two-thirds of the cast at a meeting of members,
. /
thls 9th day of November, 1988. /
I
President
I
/
secretary
/
I
173
3::al'::" '.:e -:::::e :"::::-:::9vocable a-c"'::ornev :::m :::Jehal:: of t'::e :":lembers. ='::e
:::e:::l:e::-s st.a::' be ieemed -:,0 have - -dai'tled and shal: :1O'C h.ave anv
- .... 0"::: -n'l "'lof'au'''' or -.::: 0' ""'0';:: ...,-1-, :;:..
__ ... _0 ..40l,.._ ..... . J.. a. ..:. ........ __ _\.. .L \,.. ....... _ OI .. or_c.J..osu-,- _ 0..1.. ....... '-... .i.e..1o.
:ega'::" ac-::ion on any such qround lease or The Co-opera-cive
-:he acen\: of each illember receive and accent such notice
-:::::e behalf, if such notice is
";9.
'T1'
.... lIDe
"':.he
'T1'
.J..:me
shall
duties
be
of
of the essence of this By-law and the performance of
the Co-operative and its members.
SO. Procedural Irregularities
::To minor defect in the procedure or in the nO\:J..ce given "tlith
::::-espect \:0 any matter dealt with in this By-law, including
-cermina\:J..on of occupancy under paragraph 39, shall invalidate any
dec:"sion made, if there has been substantial compliance with the
provision of this By-law and if no injustice results. Any member
respect to any matter dealt with in this By-law.
If any clause or provision of this By-law or any By-law of the 'GO'-
operative affecting the occupancy rights' of members shall be
other clause or provision of this By-law or any agreement with any
:member pursuant to this By-law, or constitute any cause or action
in favour of the Co-operative or any member. No failure by the Co-
52. Policies
Wherever the By-law refers to a Policy of the Co-operative attached
as a schedule, or to the Rules and Regulations, such Policy or
Rules and Regulations shall be considered a part of this By-law.
If at the day of the passing thereof, or at any other time, any of
the Policies or Rules and Regulations referred to in this By-law
is not in existence or has not yet been adopted, any reference to
such Policy or Rules and Regulations in this By-law shall be taken
as a reference to the resolutions or decisions made by the Board,
its standing committees, or the :members from time to time dealing
:'72
..::: '.
3. :J.a: or:'.':'1" -lO1:3 f :'::2 =teet::::;.g ::1a'l ::::2 Jt
3c3.=-= f ':J::- .subst:.:. :.. 3.ny dec':"s ::"8rl -..;h:'c:: '::8uld
jeen 30ard.
,-3) 3.n ::i'c!)eal :auncl1ed ':n 3.cc8rciance
:Jar::::sr::::ph, -::l1e day ;:):Z -:er::J.l;at':'on sha:L:::" ::10i:. ;:;e postponed.
, .
-:. ... i2. s
=f ':'s duly called and fails pass a
resolut':'on changing the decision of the Board, or if a is
::1ot present, the decision of the Board shall be deemed to have
:::::onfir::J.ed.
Legal Proceedings
in accordance with the previous paragraph, or i::: it
appears likely that will ::1ot so vacate, the
apply for a writ of Possession against the The
operative may also sue the member for any monies owing by the
to the Co-operative.
;:)perative shall not re-enter or regain possession of a unit, except
the authority of a writ of Possession or other jUdicial
process.
42. Abandonment
If any member abandons his/her unit, the Co-operative :::lay enter
or costs resulting to the co-operative shall be the responsibility
Article X
43. No withdrawal Without Terminatin9 Occupancy
A resident member may not withdraw from membership in the Co-
operative without terminating his/her occupancy in the Co-
deemed to have given two months notice to terminate occupancy
:a':':::"s vacate his/her unit in accordance with paragraph 37, the
of following the provisions of paragraph 39.
""!-n
J... l '..)
Article IX
Termination on Default
Subject to the provisions of paragraph 39 the Board may terminate
a member's right to occupy his/her unit for any of the following
reasons:
laws of the
the opinion of the Board substantially or
repeatedly interfered with the enjpyment of other members or the
use of their units contrary to Paragraph 23 and/or Schedule "B" of
this By-law.
(c) The member has, in the opinion of the Board, substantially or
Policy, hereto attached as Schedule "e".
Rules and Regulations of the eo;.;operative and the Board feels that
of occupancy.
unless written notice has 'been delivered to the member's unit at
of emergency), which notice shall: '
capable of remedy,
terminated.
vote.
168
_ .. _l""'I-
--'"'j ....... \".. :)ccupancy
5/1:e sna:: ?::-':::r': =n "':::e -va":":':"::1g :':5"t.
a is s;he shal:
:ist.
OCC'.lpancy ':)y :1embers
:9. strangers
-:oJhen a unit has been allocated to a :nember or members [ no person
other than the member or members may occupy the unit as
yrovided in this Article.
?ersons under sixteen years of age may occupy apartment units as
of a member's household. When any such person turns sixteen,
s/he shall apply for membership in the and if
:nay continue to reside with his/her family and the members
:!:Jehaviour within the Co-operative.
31. Guests
No member shall have any guests in his/her room or unit 1 >,:it:n:(';ina'ny
J cOmmon area, 'without consent of the unit mates, such consent not
v of 10 days without the permission of the Board or its
:nay determine and any continued occupancy after that date shall be
32. Roomer l Boarders, Etc.
member shall have a roomer, boarder or other person sharing the
theCo::::.:operative and been accepted and allocated the room on a
. agreement. ci' \
33. No Assignment
:ro :ne::ll:;er :nay assign his/her right to occupy his/her unit.
1J ,g
'1 dJ.0.:trd
po-r+ ot
it fI II If :66
Charges
(a) I::, as a :;:-esult of -ehe activities of any ::nember, 'whether or
there is a breach of this By-law, the Co-operative becomes
collection charges 1 and legal fees, as between a solicitor and
a uste
Article IV
Housing charges,
be decided by a
appointed by the
19. Budget
or any other charges shall
vote of the members, or a body dulY elected or
members or a committee thereof.
charge is desirable, it may call a special meeting of the mem:l:J_exs
be approved by majority vote of the members at a general 'member
paragraph 21.
163
shall be on basis of leases or contractual arrangements
into between them and the Co-operative, with the approval
of Board. In granting such leases, dealing with such persons,
or terminating their relationship '!lith the Co-operative, the Board
and Tenant Act and shall not be obliged to follow the
9. Payments
Article III
and Ac;ti vi ty Fee _0,. __ 'ck-;l
Malntenance Deposl t J
Parking charge

Additionaf charges which may be payable because
Separate School support, or his/her breach of
of the member IS
any of his/her
All payments shall be made in accordance with Schedule tlK II -
10. participation
the co-operative; and in particular, shall attend each meeting of
involvement (other than the maintenance responsibilities relating
housing c3arge shall be set in
'l!q'ragraphs '23" through 28 ot By-law No.1, and Artlcle IV at thls
161
,,/
/
received when due. This includes, /but is not limited to,
housing charges, social activity pazrin ,charges, and
damage deposits. /
(b) In accordance with Article Paragrap 16 I all service
charges levied against 11ege as of a member's
cheque being returned by a nancial in'stitution will be paid
by the member. In additio , the will be considered to
be in arrears until such ime as cheque is replaced and
the service charge is Pc;tjto. When c;/member has had two cheques
returned, payments mus,. be made /by certified cheque, money
order or cash for thjalanCe the
(c) Room transfers are r;ot allowed to members J.n arrears.
(d) Applications for will not be accepted from
I /
members J.n as of June 1st.
(e) Directors or me ers of who are in arrears will be
considered to . ve a cOry.Elict of interest when voting on any
issues of arre rs policy or individual arrears cases, includ-
ing evictions.
Passed by the Bard and /sealed with the corporate seal of the
College this 11h day of /February, 1982.
David L.A. Goydon Andrew B. Coles
Pres ident / ' i Secretary
/
158
damage deposits.
charges levied against the ollege as a result of a member's
be in arrears until such time as the. cheque is replaced and
order or cash for the balance of the lease.
(c) Room transfers are not allowed to members in arrears
(e) Directors or members of committee who are in arrears will be
ing evictions.
David L.A. Gordon
President
158
Andrew B. Coles
Secretary
By-law No. 9
Schedule ilL"
I Payments
sible, cash will be accepted. Deposits must be made
by certified cheque or money order, except for fall deposits
from members living in the 901lege over the .. summer, and
maintenance
(b) In accordance with Article III, Paragraph 11,' housing
September for the fall term and the first day of January for
the winter term. Payments for the months of May, June, July,
and August are due on the first day of each month.
information as to their employer's identity may pay housing
charges for a four-, five-, or six-person unit monthly, but
if such members fall into arrears, the balance of the term
housing charges may be considered due immediately.
payable monthly, and are due on the first day of the month.
For apartments, full payment will be receipted toone member
only.
deposit.
(d) In accordance with Schedules "I" and "KtI, administrative fees
preceding month.
II Arrears
(a) Arrears are any amounts owed to the <tollege that have not been
157
By-law No. 9
I the undersigned member give formal' notice that I will vacate my
unit on , 19 ___ .
month day year
4. For leaving my unit in a clean and orderly condition for'the
new occupant.
member unit. date
Per:
date received
155
To:
unit:
Address:
By-law No. 9
Schedule "Hn
Notice to Quit
the
day of , 19 ____
. before the said date.
Dated this
day of _____________ , 19 __ __
. Neill-Wycik Co-operative College, Inc.
Per:
153
To:
Unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
respect to unit
Toronto.
at 96 Gerrard Street East, in the City of
And take notice that you may appear at such- meeting and make
or counselor both.
or defaui t aforesaid if it is capable of remedy, or to make
Dated this day of
_____________ f 19 __ __
Per:
151
the term.
Dated At
____________________ , this
day of __________ , 19 ___ .
Per:
Member
149
By-law No. 9
Schedule "C"
Maintenance Policy
since the College is based on the principle
since the College 's
the majority of its
the building be kept
in respect to By-law No.9, Paragraph 25, SUbsection (b), include:
(i) The washrooms, semi-private hallway, 'and common kitchen-
responsibility under this policYi and
Board.
policy shall be deemed to be part of this policy ,and these
l47
except on occasion.
12. Visitors may stay in a memb,er's unit only under the
remain.
of the building.
13. Rules and regulations regarding the use and/or operation. of
a facility may be set by the comrnittee(s) responsible for the
were in effect at the time' this schedule was adopted and are
to this document.
146
By-Law No. 9
Schedule liB"
outside world.
to inform.
Society's laws and
Therefore,. in an effort to protect and inform members, the fol-
2. The deliberate destruction or d a m a g ~ of the College's pro-
tolerated.
144
invalidate any decision made, if there has been substantial
By-law.
breach or default.
55. Policies
President
't
Secretary
Jim Lindenas
President
142
Fred Malin
Secretary
determined in accordance with the previous paragraph ()r., if it
'appears likely that the member will not so vacate, the _'lege.: may
apply for a writ of Possession against the member. The't<!611ege may
also sue the member for any monies owing by the to the

44. Abandonment
resulting to theCbllege shall be the responsibility of the
abandoning member.
Article X
A resident member may not withdraw from members.pip in the College
wi thout terminating his occupancy in the Clf'j}'lege. I f a member
serves notice of withdrawal from membership under Section 64 of
unit in accordance with paragraph 38, the .College may apply for a
,writ of Possession and take such other proceedings as the Board
sees fit against the member without the of following the
46. No Termination of Occupancy Without withdrawal
(a) No member may terminate his occupancy rights in the
-G:cnregeand the delivery of a notice of termination under paragraph
of intention to withdraw from under section of'The
140

outstanding obligations to the'College existing on that date shall
Article IX
any of the following reasons:,
laws of the
of the Board substantially or
CoJ,lege in accordance with
repeatedly . with the enj members of the
use of theJ.r un1 ts contrary to Paragraph "r 0 J.S By-law.
policy.
Rules and Regulations of thepllege and the Board feels that such
occupancy.
capable of remedy,
consider whether the member's oqcupancy rights shall be
terminated.
for' Terminating occupancy'=::'
vote.
138
Article VII
29. No strangers
31. Guests .
No member shall have any guests in his room or unit'/for a j
default by the members occupying the room and/or unit .. '
"(3':;ollege and been accepted and allocated the room on a sharing
basis. If accepted, such person must sign an Occupancy Agr.eement.
I:fiany such person occupies a unit without applying for memlJership,
occupancy after that date shall be /)' a _Jefaul t by the
33. No Assignment
I
Any member. desiring to leave the College for more than twelve
withdraw from membership. No member may assign his right to occupy
his unit.
136
24. Privacy
(a) The ;:Cbllege or anyone on its behalf shall not enter any
of emergency and except as set out in subparagraph (b) .
. (b) designated by the Board, shall be ,permitted to enter
't?' \each ':urtl.t on twenty-four hours wrl.tten notl.ce for a regular
y maintenance and repair purposes that may be authorized by the
delivery.
and Repair
(a) Each member shall maintai
cleanliness at all times, and
and standards of health
respecting standards of c
shall repair or pay for
s unit in a reasonable state of
all comply with all requirements
thorities and other authorities
liness and maintenance. Each member
e repair of damage caused by his wilful
hat of persons permitted on the property
others occupying his unit. or negligent conduct or
of the College by him or
set out in the Maintenance Pol icy attached to this By-law as
Schedule "C".
(c) No member shall make
room or unit, or alter
without the permission
Board. At the end 0
alterations or improvement to his
any way change the locking sY$tem,
iting, of the Management Committee or
mber's occupancy of a room or unit, he
s, provided such removal may be and is done
room or nit.
may removed his fixtu
without injury to the
(d) Each member shall
in the unit or its e
unit, which comes to
cause deterioration 0
o the College promptly any condition
nt or in the building containing the
knowledge of the member, and which may
the unit or building if not corrected.
(e) The College may
any of the maintenance or other
obligations set out in It
paragraph if' the member responsible
does not perform t I within a reasonable time in the
circumstances, and the ember shall reimburse the College for the
costs of such performance in acco dance with paragraph 14.
(f) The College shall
reasonable working order
134
a stove and
in
an amount .equal to his final month's housing charge. The final
due notice in accordance with the By-law, and does n6t owe any
charg . es S?Sill not inteE..e?t..
.
. Separate School Support
lfi
the member's unit .
.
JAr. Additional Charges

Article IV
Determined by Committee
Housing charges or other charges to rent, or any other
committee thereof.
18. Budget
estimated total expenses of the College, reserves and
132
"
The provlslon of this paragraph may be waived only in exceptional
5. Terms of.Occupancy
Regulations, and Occupancy Agreement of the college. The College,
signed an Occupancy Agreement).
6. Priority
college and any By-laws, resolutions, or policies. previously passed
a ~ e hereby repealed or amended to give effect to the provisions of
of the college, this By-law shall govern. No one has any authority
A resident. member of the College shall be e ~ t i t l e d to exclusive
possession of his room together with any perSons who are sharing
such room with him, and to the use in commqn with' other members of
9. Payments
Article III
130
PASSED by the Board and Sealed with the corporate seal of the
college this 16th day of February, 1983.
meeting of members this 9th day of March, 1983 .
.,.
128
damage deposits. .
the service charge is -paid. When a member has had two cheques
returned, must be made by certified cheque, money
order, or cash.
ing evictions.
David L.A. Gordon
President
126
Andrew B. Coles
Secre:tary
'" T
By-law No. 9
Schedule "Kn
I/We the undersigned member(s} request permission to grant temp-
orary sub-occupancy rights for the,unit , for which I/we hold
rights in no way reliexes me/us of our responsibilities of my/our
mentioned herein.
tape only.
Date temporary sub-occupancy will commenc.e:
members signature(s} date
124
(-.
By-law No. 9
Schedule 11111 (External)
Memorandum of Agreement'
will be vacating their unit on the date stated b e ~ o w .
The agreement also outllnes responsibilities which the undersigned
agrees to fulfil.
19
month day year
the date upon which I vacate my unit, of the date specified above,
4 .. For leaving my unit in a clean and orderly condition for the
new occupant.
Per:
date received
122
Member(s) :
unit:
By-law No. 9
Schedule "Gil
ffoard of Directors Resolution Terminating
Occupancy Rights
WHEREAS the Membe,r(s) referred to above was given Notice under the
the Notice; or'
breach;
CERTIFIED to be a true copy of q Resolution of the Board of
day 'of , 19______ at a meeting of
the Board of Directors duly held, notice having been duly ~ i v e n to
unamended.
Neill-Wycik co-operative College
Per ______________________________ _
120
By-law No. 9
Schedule "E"
"College", and
________________ , herein referred to as the "sub-
19
Dated this day of
____________ , 19 ___ ,
Per:
118
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
Neill-Wycik co-operative College,' Inc.
hereinaftet called the "member"
WHEREAS the Member is the occupant ,of , 96 Gerrard
"unit"), and the College is the owner of the property., and the
_______ months commencing , 19 and ending
19 __
3. The sUb-occupying member agrees with the Member and the
cheque.
4. The Member agrees with the coliege that he shall remain fully
116
except on occasion.
12. visi tors may stay in a member's unit only under the
(i) The of unit mate(s) for the guest to occupy the
remain.
of the building.
were in eftect at the time this schedule was adopted and are
to this document.
114
By-Law No. 9
Schedule "B"
elimination of stringent control on the hpman being. The principle
without .controls, as as such actions did not infringe on the
the outside world, therefore, the College is not a separate
members, strives to change 'society for the better. There is a
outside world.
to inform.
The college is part of the outside world.
Society's laws and
in an effort to protect and inform members, the fol-
tolerated.
112
No. minor defect in the procedure or in the notice given with
By-law.
4-
breach or default.
55. Policies
President secretary
President
secretary
110
paragrap'h, the day of termination shall not be postponed.
I
(a) If the member f a i l ~ to vacate on the proper day of termination
college.
the authority of a Writ of Possession or other judicial process.
44. Abandonment
If any member abandons his unit,
and allot it to another member, or
resulting to the College shall
abandoning member.
the College may enter the unit
rent it, and any losses or costs
be the responsibility of the
Article X
writ of Possession and take such o'ther proceedings as the Board
provisions of paragraphs 40 and 41 ..
108
I
Article IX
Terminafion of Occupancy by Co-op
(a) The member is in default of or has been repeatedly ,late in
repeatedly interfered with the enjoyment of other members of the'
Policy.
occupancy.
. (i) specify the breach or default complained of,
( i i) require the member to remedy the breach if it is
qapable of remedy,
(iv) setting out the time' and place for the meeting to
terminated.
vote.
106
('"
paragra};lh, he shall have priority on the internal waiting list
29. No strangers
Article VII
When a unit has been to a member or members, no person,
to be responsible for his behaviour within the college.
31. Guests
basis. If accepted, such person must sign an 'Occupancy Agreement.
33. No Assignment
months' must surrender his occupancy rights to the College and
his unit.
104
I
/
\
24. privacy
(a) The;; College or anyone on its behalf shall not enter any
each unit on twenty-four hours' written notice for a regular
Board, or as may be in connection with any insurance
;/ delivery.
/ 25. Maintenance and Repair
Schedule "C".
(c) No member shall make any alterations or- improvement to his
Board. At the end of a member'$ occupancy of a room or unit, he
(d) Each member 'shall report to the College promptly any condition
in the unit or i.ts equipment or in the building containing the
uni t, which comes to the knowledge of the member, and which may
(e) The College may perform any, of the maintenance or other
circumstances, and the member shall reimburse the, College for the
, reasonable working order to each unit.

"-,.__ 102
residende of the member, providing the member has given the College
due notice in accordance with the By-law, and does riot owe any
shall pay any additionaJ amount required to bring his final month's
being assess as a Separate school Supporter, there shall be a
the member's unit.
and legal fee, between a solicitor and his own client. If such
charge or expense is a regular recurring payment, the member IS
(
monD ly housing charge shall be adjusted accordingly.
, (b) A ember shall pay all fines Which' may be levied against him
dance with the By-laws or the Schedules to the By-laws.

Article IV
charges payable by members, shall. be decided by a vote of the
or a body duly elected or appointed by the members or a
committee thereof.
18. Budget
contingencies, .and showing all external income, and showing all
100
as determined by the Board.
and be bound thereby ,whether or not any particular member has
6. Priority
members I the relationship between the College and such persons
9. Payments
Article III
98
PASSED by the Board and sealed with the corporate seal of the
College this 2nd day of November, 1982.
I .
96
damage deposits.
returned, must be made by certified cheque, money
order, or cash.
ing evictions.
David L.A. Gordon
President
94
Andrew B. Coles
secretary
By-law No. 9
Schedule "K"
rights in no way relieyes me/us of our responsibilities of my/our
.. ' ..... , ....
I/We further attest that from resfdency in the
college will be no longer thq-n four (4) months that such
absence will not extend past of the Lease
mentioned herein.
tape only.
It if? also acknowledged that any sub-occu:pant must be a member of
Membership for such occupancy.
memberssignature(s) date
92
By-law No. 9
,
This is an agreement between Neill-Wycik co-operative College Inc.
will be vacating their unit, on the date stated
4-
agrees to fulfil.
I undersigned give formal notice that I will vacate my unit on
19 __
month day year
posting notices in common area using masking only.
4 .. For leaving my unit in a clean and orderly condition for the
new occupant.
Accepted by Neill-Wycik,co-operative College, Inc.
Per:
date received
90
Member (s) :
unit:
By-law No. 9
Schedule "G"
Occupancy Rights
AND WHEREAS Member(s) has failed to comply with the terms of
the Notice; or
breach;
AND WHEREAS the Member(s) not appear personally or by
Be it resol ved that the occupancy rights of the Member (s) be
CERTIFIED to be' a true copy of Resolution of the Board of
______ day of , 19 at a meeting of
unamended.
Per
88
.' .
By-law No. 9
Schedule "E"
IICollege", and
..
___ --:-____________ , herein referred to as the IIsub-
respect to the premises known as unit . 96 Gerrard
street East, in the city of Toronto, on the of
19 __
Dated this day of
_________ , 19 ____ ,.
Per:
86
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "0"
Neill-Wycik Co-operative college, Inc.
..
"uni t"), and the College is the owner of the property, and the
the unit for a term of ____ months commencing 19 ____ _
months commencing , 19 and ending
19 __ _
3. The sub-occupying member agrees with the Member and the
monthly housing charge as may be payable for the unit .. A copy of
Member directly to the College at its office monthly in adVance by
cheque.
5. The sUb-occupying Member agrees to terminate his occupancy
84
11.
12.
,
13.
consumption of alcoholic beverages is not allowed in the main
except on occasion.
Visitors may stay in a member's unit only under the
remain. ~
of the building.
Rules and regulations regarding the use and/or operation of
to this document.
82
By-Law No. 9
Schedule "B"
College felt that one'method of achieving this objective was the
without controls, as as such actions did not infringe on the
members, strives' to change society for the better. There is a
outside world.
While Neill-Wycik is different in some of its 'attitudes and'ideas,
Definitions of the bounds of reasonabie freedom, however, tend to
to inform.
The College is part of the outside
Society's laws and
tolerated.
80
By-law.
..
breach or default.
55. Policies
Wherever the By-law refers to a Policy of the college attached as
a schedule, or to the Rules and Regulations, such policy or Rules
Policies or Rules and Regulations referred to in this By-law is not
in existence or has not yet been adopted, any reference to such
President secretary
President secretary
78
paragraph, the day of shall not be postponed.
I
(f) If the mempers' meeting is duly called and fails to pass a
College.
the authority of a writ of Possession or other jUdicial process.
44. Abandonment
resulting to the College shall the responsibility of the
abandoning member.
Article X
the Co-operative Corporations Act, he shall be deemed to have given.
46. No Termination of Occupancy Without withdrawal
76
Article IX
(a) The member is in of or has been repeatedly late in
Policy.
breach or breaches is serious enough to warrant termination,of
occupancy.
capable of remedy,
terminated.

such notice may be in the form hereto attached as Schedule "F".
vote.
{b) If the Board is of the opinion that one of the causes set out
74
until a/suitable unit is offered to him. Thereafter he shall be
29. No strangers
Article VII
When a unit has been aJ-located t'o a member or members, no person
Persons under sixteen years' of age may occupy a unit as part of
31. Guests
./
...... No member shall have any guests in his room or unit for a period
\ and any continued, occupancy after that date shall be considered a
\::0 \.-,," __ t by the members occupying the room and/or unit.
\,j
33. No Assignment

L Any member desiring to leave the College for more than twelve
__ . No member may assign his right to occupy
h1S . -
72
24. Privacy
inspection, and for any special inspections for
Board, or as may be :required in connection with any insurance
delivery.
Maintenance and Repair
and standards, of health authorities and other authorities
(b) Each member shall observe. the maintenance responsibilities
Schedule "C".
cause de,terioration of the unit or building if not corrected.
(e) ,The College may perform any, of the maintenance or other
70
the member's unit.

\ ln accordance wlth the By-laws or the Schedules to the By-laws.
'''''------.-- . .. __ "_-
charges payable ,by members, shall, be decided by a vote of the
committee thereof.
18. Budget
68
I
and be bound thereby whether or not any particular member has
6. Priority
7 . Non-Member Occupants
<
members I the relationship between the College and such persons
shall be on the basis of leases or contractual arrangements entereq
9. Payments
Article III
66
( iii) Housing charges for two-person and apartment units
deposit.
preceding month.
II Arrears
damage deposits.
(b) In accordance with Article III I Paragraph 16, all service
order, or cash.
(d), Applications for continued occupancy will not be accepted from
ing evictions.
David L.A. Gordon
President
63
Andrew B. Coles
Secretary
the grounds.
( i ~ ) Pets are not allowed in the back yard.
animal wastes."
Passed by the Board and sealed with the corporate seal of the.
David L.A. Gordon
President
61
Andrew B. Coles
Secretary
By-law No. 9
Schedule "K"
rights in no way relieyes me/us of our responsibilities of my/our
mentioned
tape only.
It is also acknowledged that any sub-occupant. must be a member of
above, on behalf of Neill-Wycik Co-pperative College, Inc.
59
By-law No. 9
4-
agrees to fulfil.
19
month day year
4. For leaving my unit ina clean and orderly condition for the
new occupant.
Accepted by Neill-Wycik Co-operative C o l l e ~ e , Inc.
Per:
date received
57
Member(s) :
unit:
By-law No. 9
Schedule "G"
Occupancy Rights
the Notice; or
breach;
terminated effective , 19 ____ _
CERTIFIED to be a true copy of q Resolution of the Board of
Directors of Neill-Wycik Co-operative college, Inc. passed the
. unamended.
Per __________________ _
55
By-law No. 9
Schedule "E"
Neill-Wycik Co-operative Colleget. Inc., herein referred to as the
"College", and
______ _________ , herein referred to as the "sub-
19
Dated this day of
____________ , 19 ____ .
Per:
53
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "Oil
called the "member"
"unit"), and the College is the owner of the property, and the
the, sub-occupying member as occupant of the unit for a term of
months commencing , 19 and ending
19 ___
monthly' housing charge as may be payable for the unit. A copy of
Member directly to the College at its office in advance by
cheque.
51
13. Ruies and regulations regarding the use and/or operation of
to this document.
49
By-Law No. 9
Schedule "B"
of IIreasonable freedom", that is the ability of one person to act
without controls, as lQng a ~ such actions did not infringe on the
outside world.
to inform.
Society's laws and
tolerated.
47
compliance withthe provision of this By-law and if no injustice
By-law'.
4-
favour of the College 9r any member. No failure by the College to
particular breach or default, shall. operate to prevent the College
breach or default.
55. Policies
the day of the passing thereof, or at any other time, any of the.
President secretary
President secretary
45
the day of termination shall not be postponed.
43. Legal Proceedinge
(a) If the member to vacate on the proper day of termination
determined in accordarice with the previous paragraph, or if it
College.
(b) Unless a member consents, or abandons his unit, the Colleye
shall not re-enter or regain of a unit, except under
44. Abandonment
resul ting to the College shall be the responsibil i ty of the
abandoning member.
Article X
,
,J A resident member may not 'withdraw from membershi.p in the College

Co-operative Corporations Act, he shall be deemed to have giv'en

two to terminate occupancy in accordance with
j
" dr . 'agraph 38 at the same time. If the member fails to vacate his
unit in ac rdance with paragraph 38, the College may apply for a

provisions of paragraphs 40 and 41. .
43
Article IX
(a) The member is of or has been repeatedly late in
Policy.
occupancy.
, (ii) require the member to remedy the breach if it is
capable of remedy,
terminated.
41. Procedure for Terminating Occupancy dJ.id:l.J
vote.
41
(e) If any member loses his right to occupancy 'under this
he shall have priority on the internal waiting list
29. No strangers
Article VII
When a unit has been to a member or members, no person
an Occupancy Agreement: If not accepted, he may continue to reside
31. Guests
default by the members occupying the room and/or
members occupying the unit. .
33. No Assignment
his unit.
39
24. Privacy
\ ,
'v?b) Persons designated by the Board shall be permitted to enter
. ';)! ~ a c h unit on twenty-four hours written notice for a regular
\J maintenance inspection, and for any special inspections for
reason as the Board may determine. The delivery of t h ~ notice to
delivery.
shall repair or'pay for the repair of damage caused by his wilful
Schedule "C".
obligations set 'out in this paragraph if the member responsible
37
I
set off by the college against any sum due to it from the member.
shall pay any amount required to bring his final month's
difference or pay the difference to each member. rrhe final month's
{;1oL" Soc..
15. Separate School Support ,
corresponding ,change in the charges for that year with respect to
the member's unit.
Article IV
charges payable by members, shall, be decided by a vote of the
committee thereof.
18. Budget
35
circumstances, as by the Board.
I
rrhe terms of occupancy of units of housing in the College by
and be bound thereby or not any particular member has
6. priority
any other By-law, Resolutidn, policy, agreement or oral statement
7. Non-Member occupants
members, (herein after called "resident members"). If the College
shall be on the basis of leases or arrangements entered
9. Payments
Article III
33
3. The changes herein contained are to take effect immediately
uP9n adoption of this Bylaw by the Membership of the College
and such changes shall be regarded as operative from the date
of adoption of the Bylaw.
Richard C. Halford
President
31
Frederick P. Malin
secretary

..
Sy-:"'avl :;0.. 12, ?age 2
---
Lc) E::r ':he :::-e-nu!11bering o the. remaininq ... te:rrils .of Bart. -.9_ of the--s!;he.:iule. __
1:0 ref lect -.:.his aeletiow./ L ' . ....../
- \- ' .. /'
-- - I "T r +=
By-law No. 9 shaL ... ,be-amended-as follows:
',-.,. \ ---"- -"-
del:;ion o .... pax-agraph:
'''----------...... , -,---,//
"2. Cont:i:nued of the hoqsing charqe for my present
c:nit such ti!:le a :'..litable person to become ...
a merr.ber of_.the .. .and the obligations of my
Occupancy Ag:::-eement."
5. changes herein contained are to take effect immediately upon
adoption of this By-law by the of the College and s'..lch
changes shall be regarded as operative irem the date of adoption
cf the 3y-la .... '.
Passed by thGEGard and sealed with the corporate seal of the College
this :::9th day of October, 1980.
Richard C. Halford
President
Frederick P. Malin
Secretary Seal

J
1

B _
NO. 1 1
.. 3,:'-:" aw '.:0 ame::c. 3y-law ..t of CO-0f-erative
Be IT ENACTED as' a by-law of !,eill-Wycik Co-operative College I :;:nc.
1. Paragraph 1 of By-law No. 4 shall be amended in part to reao.:
College:.
" ... u..:rir.g intervals bet\oleen meeiir.gs of the Board of Directors
the affairs of the College shc:ll be managed by an E;:ec .. ...:ti:e
ttee of four Directors, cc:nsisting of the ?residen
Vice-president, Secretary and Treasurer of the College
'I
Passed by the Board and sealed \oli th the corporate seal of the College
29th day of October, 1980.
Richard C. Halford
?resident
Frederick P. Mali::
Secretary
seal
.1 .. __ .. "'
Q .4'
............ . ;p a a 5 *,,#S CQ" ,fUV I:=;; 4
i , CZSAS II .. .a 14'1At Ji#t!lW}&& C & Cd ,-
By-law No. 20
Schedule "K"
the, other payments required under Article III, Paragraph 9, and
-------- ensuri-ng--proper - collection of-arrears, the following --policy-is-----_________ _
I Payments
summer, and m,aintenance deposits. Fall term payments from all
or money order.
respective month.
- balance of the term housing charges may be considered due
immediately.
to one member only.
-- (c) -In--- -accordance with Article III, Paragraph 13, the - housing ---
__ deposit.
(d) In accordance with Schedules "D" and "I", administrative fees
POL 1-53
November 9, 1988
By-law No. 20
Schedule "Gil
Member (s) :
unit:
the Notice;or
breach;
AND WHEREAS the appeared/did not appear personally or by
Be i t resolved that the occupancy rights of the Member (s) be
day of " 19 at a meeting of the
Board duly held, 'notice having been duly given to the
Member (s), which Resolution remains in full force and effect
unamended ..
Per ' __________________________________ ___
BETWEEN:
-and-
-and-
By-law No. 20
Schedule "D"
, 96 Gerrard
"unit"), and the Co-operative is the owner of the property, and
has consented.
19 ____ , and ending
, 19 ____ .
months commencing
, 19 ____ , and ending
19
pay to the Co-operative the monthly housing charge of $
or
POL 1-45
November 9, 1988
Whenever possible, the unitmate will have the opportunity to choose
from the waiting list candidates. Ultimately, the unitmate
Apartment units
2. External couple (at least one of them a full time student)
resident of a room has first option to renew the lease.
2. Date of application. Applications for September must
be received by the date determined by the Board to
maintain priority status as a returning member.
-
1. Date of application. First come, first serve ..
2. Out of province students may be given preference based
on direction of the Board.
By-law No.1, paragraph 3, namely: "There shall be no political,
POL 1-41
November 9, 1988
41. Abandonment
If any member abandons his/her unit, the Co-operative may enter the
unit and allot it to another member, or rent it, and any losses or
costs resulting to the Co-operative shall be the responsibility of
the abandoning member.
Article X
Co-operative may apply for a Writ of Possession and take such other
(a) When occupancy is terminated by the co-operative or 'the
member, the member shall be deemed to have given notice of
possession of the member's room or unit is recovered by the Co-
on the day on which sjhe ceases to have such right, or ceases to
Any member who is no longer resident in the co-operative may be
expelled from membership. in accordance with the procedure set out
in section .66 of the Co-operative Corporations Act.
45. Subordination
to be unreasonably withheld. No guest shall stay' for more than an
delegate. If permission is refused, the guest(s) 'shall cease to
agreement.
32. No Assignment
No member may assign his/her right to occupy his/her unit.
33. Sub-Occupancy
hereto as Schedule "D". Prior to the commencement of any term of
attached hereto as Schedule "D" and an Agreement by the sub-
desire in writing, in the form of Schedule IIJII.
operative.
34. No Profit
subletting in accordance with paraqraph 33. No member may charge
12. Parking Charge
If a parking space is allocated to a member, the member shall. pay
the applicable charge as specified in Schedule "K" - Payment <;md
Arrears Policy.
13. Final Month's Housing .Charge
and does not owe any money to the Co-operative. Otherwise, the
with the difference or pay the difference to each 'member. The
Each member shall pay annually an Education and Social Activity
Fee in accordance with By-law No.1, paragraph 4.
Article IV
POL 1-29
November 9, 1988
Article IX -- Termination of Occupancy by Co-Op
39. Right of Appeal
40. Legal Proceddings
41. Abandonment
Article X -- Withdrawal From Membership
44. Expulsion From Membership
45. Subordination
46. Time
49. Policies
Schedule A
Schedule B
Schedule C
Shcedule D
Schedule E
Schedule F
Schedule G
Schedule H
Schedule I
Schedule J
Schedule K
Membership Policy
Rules and Regulations
Maintenance Policy
Sub-Occupancy Agreement
Notice to Member (of breach of Rules and meeting of
Board)
Board of Directors Resolution Terminating Occupancy
Rights
Notice to Quit
Memorandum of Agreement (moving out)
Payment and Arrears Policy
EOL 1-2!;5
November 9, 1988
REGULATIONS
management and operation of the Co-operative and may amend or
suspend such Regulations.
BOOKS AND RECORDS
of the Co-operative required by the by-laws of the Co-operative or
by law are regularly and properly kept.
INTERPRETATION
41. In these by-laws and in all other by-laws of the Co-operative
vice versa.
not be kept in both. Ei ther language may be used in any Co-
operative matters.
PASSED by the Board of Directors and sealed with the corporate seal
of the co-operative this 22nd day of October, 1990.
POL 1-21
January 11, 1991
position of the Co-operative. He shall also perform such other
duties as may from time to time be determined by the Board of
Directors.
20. Duties of the Assistant Treasurer. The Assistant Treasurer
shall assist the Treasurer in all of his/her duties as set out in
paragraph 18, and shall act on the Treasurer's behalf when the
Treasurer is unavailable to perform those duties. When the
Treasurer is absent from a meeting of a committee to which s/he has
teen assigned the Assistant Treasurer may attend on the Treaurer's
behalf and shall possess all rights and responsibilities of the
Treasurer on the committee, including the right to vote, if the
Treasurer is a voting member of the committee. On committees where
both the Treasurer and the Assistant Treasurer vote, the Assistant
Treasurer shall cast only one vote in the absence of the Treasurer.
affairs of the Co-operative (except such matters as must by law be
dealt with by the Board or by the members in general meeting) and
to discharge agents and employees of the Co-operative as the Board
the affairs of the co-operative. Any agent or employee appointed"
by the General Manager shall be subject to discharge by the Board.
COMMITTEES
affairs of the Co-operative.
MEETINGS OF MEMBERS
or elsewhere in ontario as the Board of Directors may determine and
meeting. Said agenda, along with all, motions, must be posted and
MEMBERS
2. (a) Membership is open to all applicants deemed acceptable as
outlined in the By-laws and Regulations of the Co-operative, and
will be granted by procedure decided by a vote of the members, or
a body duly elected or appointed by the members, or a committee
thereof.
space within the by Occupancy Agreement,
where such space is requested and available.
discrimination in the selection of the members of the Co-operative.
4. Each member shall pay annually an Education and social
of Directors. This By-law shall be effective as of September 1982.
5. Termination of membership shall be pursuant to sections 64 (by
the member) and 66 (by the co-operative) of The Co-operative Co-
'operative Corporations Act.
DIRECTORS
6. The affairs of the Co-operative shall be managed by a Board of
and continuing member in good standing of the Co-operative. The
Meeting. The election shall be by ballot. The Board of Directors
may open nominations prior to the Annual General Meeting.
Candidates nominated prior to the Annual General Meeting must be
nominated in writing by 10 members of the cooperative. Candidates
nominated at the meeting will,be write-in candidates on the ballot.
six candidates who receive the highest vote totals will have
fu year terms. No full-time permanent staff member may be elected
to, appointed to, or sit on the board as a Director.
7. (a) Vacancies. vacancies on the Board of Directors, however
Co-operative, if they shall see fit to do so, until such vacancy
shall be filled at the next election or by-election, said by-
elections to be held at the discretion of the Board, but if there
is not quorum of Directors, the remaining Directors shall forthwith
call a meeting of the Members to fill the vacancies.
(b) Removal of Directors. All members of the Board of Directors
are obligated to attend meetings of the Board. Failure by a
pirector to attend three consecutive meetings of the Board
Bylaw 17: to amend Bylaw 9 with respect to termination of occupancy
by member.
Approved by Members
".
November 2, 1982
November 17, 1982
Bylaw 18: to amend Bylaw 9 with respect Payment and Arrears
Policy
Approved by Members
February 16, 1983
March 23, 1983
Bylaw 19: to amend Bylaw 1 with respect to quorum at
Members' meetings
Approved by Members
November 7, 1984
November 7, 1984
Bylaw 20: to repeal Bylaw 9 and replace it, changing Schedules A;
Band C and wordings in numerous sections
Approved by Members
October 12, 1988
November 9, 1988
required to call a general meeting
Approved by Members
October 12, 1988
November 9, 1988
Bylaw 22: to amend Bylaw 20, deleting provision for. separate school
support
Approved by Members
Bylaw 23: to amend Bylaw 1
Approved by Members
Bylaw 24: to replace Bylaw 1
Approved by Members
POL 1-9
August 2, 1989
November 15, 1989
February 28, 1990
March 7, 1990
October 22, 1990
November 14, 1990
January 11, 1991
for the following objects, that is to say co-operatively:
(A) A
B
C
D
E
F
G
(B)
To own lease and operate' land and buildings for the
purpose of providing residential accommodation to persons,
the majority of whom shall be members of the co-operative
and who shall occupy the housing units otherwise than as
owners.
To hold, maintain, repair, alter, demolish, reconstruct,
manage, collect or receive reveque from such dwellings,
buildings and lands.
To enter into its membe'rs" upon
such terms as' 'i t may deem
J. <:::. '"
To encourage better l:lnderstar'lciiDg"" of the
principles and to to' 'the betterment of the
community and to do all such things as are incidentaL or

. ,
\. . I ' .1_1'".; conducl ve to the attalllment of" above ob] ectl ves. ..... '

'
J .
To become a member of any assocJcition or corporati6h
having obj ectives altogether or in" part similar to those
of the Co-operative or carrying on any business
capable of being conducted so as to 'a.irectly or indirectly
benefit the co-opel;"<3:tive.
. "
To sponsor and promote recreational, educational and
community activities of all kinds ,for the benefit of,
members and families.
For the further attainment of theabo've obj ects, to' tak.e
by gift, devise, leave or purchase and to hold real and
personal property, including all ... such land, buildings,
herditaments and possessions as may from time to time be
acquired or erected by the College,' and subj ect to. The
Chari table Gifts Act and The and Charitable Uses
Act, to accept on behalf of ti1ecoliege any gifts, devises
or bequests of any property, real or personal, and to
invest the proceeds thereof or,tbe income therefrom in
acquiring and maintaining.resid!ncesfor the purpose of
providing accommodation for of the College;' :' .
. ,,', .
..
To provide that the directors sha:ll serve such without
remuneration, and no director shalLdirectly or indirectly
receive any profit from his such, provided
that a director may be paid reasonable expenses incurred
by him in the performance of his duties.
POL
November 9, 1988
1.0 BYLAWS AND OFFICIAL DOCUMENTS
1.1 History of Documents
1. Letters Patent incorporating Neill-Wycik College, Incorporated.
Effective: July 24, 1968
2. Special Resolution to increase the number of Board members to
12.
Approved by Members: April 22, 1970
3. Supplementarv Letters Patent changing its name to Neill-Wycik
Co-operative College, Incorporated.
Effective: December 31, 1976
4. Supplementary Letters Patent to increase the membership fee to
$30.00.
Note that this change is not effective as it was
not filed with the Minister of Consumer and
Commercial .Relations within the required six
month period.
-,
change the objects of the College (to satisfy C.H.M.C.
requirements for financing).
Effective: September 15, 1980
add the educational obj ects found in the original Letters
Patent to the Articles of Amendment
Approved by Members: November 1980
Commercial Relations within the required six
month period.
increase the membership fee to $30.00.
Commercial Relations within the required six
month period.
POL 1-1
November 9, 1988
Schedule 'L'
In the interests of ensuring prompt payment of housing charges and the
other payments required under Article III, Paragraph 9, and ensuring proper
collection of arrears, the following policy is hereby put into effect:
I PAYMENTS
(a) Payments should be made by cheque or money order where possible,
although cash will be accepted. Deposits must be made by certified
cheque or money order, except for fall deposits from members living
in the College over the summer, and maintenance deposits.
(b) In accordance with Article III, Paragraph 11, housing charges will
be paid in the following manner:
(i) Housing charges for four-, five-, and six-person units are
payable by the term, and are due on the first day of September
for the fall term and the first day of January for the winter
termo Payments for the months of May, June, LJuly, and August
are due on the first day of each month.
(ii) With the special permission of the Rental Arrears Committee,
fully employed members who have supplied information as to
their employers identity may pay housing charges for a four-,
five-, or six-person unit monthly, but if such members fall
into arrears, the balance of the term housing charges may be
considered due immediately.
(iii) Housing charges for two-person and apartment units are payable
monthly, and are due on the first day of the month. For
apartments, full payment will be receipted to one member only.
(c) In accordance with Article III, Paragraph 13, the housing charge
covering the last month of the lease must always be on deposit.
(d) In accordance with Schedule 'I' and 'K', administrative fees for
granting sub-occupancy rights and termination of occupancy are
due with the appropriate notice, which is one of the two afore-
mentioned Schedules.
(d) In accordance with Article III, paragraph 12, parking payments
are payable by the term, and are due on the 15th of the preceding
month.
N
oll \\// ok C 1\ Schedule 'J I
el 0 ege (Internal)
q6 Gcrrc'lrci EdSt lxontC), m)"b Ig7
This agreement also outlines the responsibilities which the undersigned
agrees to fulfill.
PART A: Notice of Intent to Occupancy
unit on , 19 And do
month day year
hereby surrender my Occupancy rights as of that time.
I the undersigned member understand that I will be responsible for the
following to fulfill these responsibilities:
1. Payment of the housing charge for the unit I will be moving into,
as stated on the Occupancy Agreement
2. Continued payment of the housing charges for my present unit until
the date upon which I vacate my unit, or the date specified above,
3. For advertising my unit's availability within the building, by
posting notices in common areas using masking tape only. (Common
for the purpose of this section shall be defined as elevators,
elevator lobbies and the ground floor.)
new occupant.
member unit date
Per:
date received
posi t.ion
Schedule 'H'
NOTICE TO QUIT
To:
------------------------
Unit:

Address:
--------------------------
Take notice that at a meeting of the
held on the
day of
,19 --,
City of Toronto, notice of which was duly served on you or given to you,
your. occupancy rights in the College were terminated effect! ve on the
day of
, 19.
.
-----
And take notice that you are required to vacate the
premises on or before the said date.
Dated this ____ day of _____ , 19 __
Per:
-----------------------------
BL:FM 2:151178
)
schedule 'F'
NOTICE TO MEMBER
To:
--------------------------
Unit: __________ _
Address:
---------------------------
Take notice that it has been alleged that you have
the following breach of the Articles, By-laws, Regulations
or Resolutions of the College and/or Qf your Occupancy Agreement:
contrary af Paragraph _______ af ____________ _
And take notice that a meeting af the -:-__
has been set far the
day of
, 19' at
in the City of Taranta at which ta consider a motian ta

terminate your occupancy rights. with respect to Unit
at 96 Gerrard
street East, in the City of Taronto.
And take notice that you may appear at such meeting
and make representations prior to such a vote either personally or by
agent ar counselor both.
And take notice that you are hereby required to remedy the
breach or default aforesaid if it is capable of remedy, or to make
compensations in money for the breach, if such a breach may be compensated
for by maney, prior to such meeting or your occupancy rights may be
terminated at such meeting.
BL:FM 1:111578
FM:BL 9-F
Dated this ____ day of _____ ., 19 __ _
Per:
-----------------------------
,,,.:.;
Inc.
5t. E.. Loronto MSB 1G7
.. ' ',-, Sub-occupancy
(34)
schedule '0'
BETWEEN
Neill-Wycil Co-operative College, Inc.
'. hereinafter called the "College"
- and -
)
- and -
called the "sub-occupying member"
, 96 Gerrard Street East, in the
city of ' ,Toronto, (hereinafter called the "Unit"), and the College is the owner of the
property, and the Member has requeated permission to grant temporary sub-occupancy
1. The Member hereby surrender to the College his right to occupy the Unit for a
term of _ months commencing'
, 19 __ " and ending
19
2. The' College hereby grants temporary sub-occupancy rights to the sub-occupying
_)member as occupant of the Unit for a term of __ months commencing
, 19 __ ,
, nd ending _, 19 __ "
3. The Sub-occupying member agrees with the Member and the College to observe all the
terms of and to perform all the obligations of the Member under .the Member's Occupancy
Agreement, the Articles, By-laws, Rules and Regulations and Policies of the College
(insofar as they are applicable to him) and to pay to the College the monthly housing charge
of $ 'or such other monthly housing charge as may be payable for the Unit. A
copy of the said documents are available at the College office. The housing charge set out
above shall be payable by the Sub-occupying Member directly to the College at its office
monthly in advance by' cheque.
4. The Member agrees with the College that he shall remain fully liable for the payment
of the housing charge and the performance of all the obligations of the Sub-occupying
Member.
'
5. The Sub-occupying Member agrees to terminate his occupancy and vacate the Unit at
the end of term as set out above. extensiori or change in the term shall be permitted
without the consent in writing of the College.
6. If the Occupancy rights of the Member in the College are terminated, or if the Member
resigns from membership or his membership rights are terminated, the term of his Sub-
Occupancy Agreement shall be deemed to end on the day of such termination as shall the
Occupancy rights of the Sub-occupying Member. No such termination shall relieve the
By-law 9, Schedule 'B'
PAGE 2
8. The introduction of pets into the College is allowed only under the
(i) Before a pet is brought into the building, the Pet Committee must
be approached and permission granted.
(iii) The pet owner assumes responsibility for damage caused by his pet
or related to the presence of his pet.
(iv) In granting permission, the Pet Committee shall be be guided by
the following criteria:
a) Pets, excluding fish, are not allowed to be kept in 4-,
5-, or 6-person units.
b) Pets are allowed to be kept in two-person and apartment units.
The written permission of the unit-mate must be filed with the
Pet Committee before the animal is brought into the unit.
c) The only fur bearing animals allowed in the building are
cats, dogs, and caged domestic rodents.
d) No intimidating animals are allowed as pets. This includes,
but is not limited to, spiders, snakes and large dogs.
(v) Cats and dogs must be innoculated against enteritis. Dogs must
be innoculated against rabies. Innoculation must be kept current,
as necessary for each pet. Proof of innoculation must be filed
with the Pet Committee.
(vi)
(vii)
(viii)
(ix)
(x)
Cats and dogs must be neutered or spayed as appropriate, at the
proper age, in accordance with the policy of the Pet Committee,
The pet owner must maintain his pet's living conditions in a
manner such that the pet does not interfere with the quiet
enjoyment of other members.
Pets are not allowed to wander unattended in the building or on
the grounds.
Pets are not allowed in the back yard.
The garbage chute is not to be used for the disposal of animal
wastes.
\
10. Smoking is not allowed in the Elevators, Photo Lab, Woodshop or
Sauna, at any time, or in the Cafeteria, on occasion.
11. Conswnption of alcholic beverages is not allowed in the main
floor lobby, or elevators at any time, or in common areas except
on occasion.
12. Visitors may stay in a member's unit only under the following
conditions:
remain.
(ii)
The guest does not stay in the lounges or public spaces of
the building.
The stay does not exceed 10 days.
(iii)
13.
Rules and regulations regarding the use and/or operation of
the discretion o f ~ t h e Board of Directors.
A number of these were in effect at the time this schedule was
adopted and are hereby deemed part of this schedule. Any documents
which amend or replace said rules and regulations shall be
appended to this document.
)
)
)
By-law No. 9
Schedule 'A'
Membership Policy
"College"), was founded with some of its objectives being:
To co-operatlvely promote the advancement of leraning and the dissemination
of knowlege; .
To co-operatively promote the intellectual, social, moral, and physical
development pf ita members and the betterment of society;
To co-operatively establish and carryon scholarship and research programmes;
and .
To co-operatively 'construct, maintain, and operate a puilding for the
College to provide dwelling accomodation and meals for members of the College
. and otherwise complementing. the functions and facilities of, post-secondary
institutions of learning and co-operstively thereiwht to the end that the
members of the College will receive s wider and fuller education than WQuld
otherwise be possible.
It is therefore desirable to herein set forth t h ~ qualifications
(a) A willingness to participate in the operation of the College, its
programmes and facilities;
(b) A committment to co-operative principlf;'s and ideals;
(c) A willingness to participate in the on-g01ng educational programmes
of the College; .'
(d) In the whole, an interest in promoting the growth of the College and
the fulfillment of its objectives. .
Alliance, and the College's own Principles of Co-operation, as passed
by the Board of Directors on the seventh day of December, 1977.
herein, or any amendment which may be adder later, that the provisions
of By-law No.1, Paragraph 3, namely: "There shall be no political,
religious, or ratial discrimination in the selection of members of the College" ,
shall prevail and take precedence.
Any membership who is no longer resident in the College may be
expelled from membership in accordance with,the procedure set
out in Section 66 of the Co-operativerCOtporations Act.

50. Subordination .. '
(a) The rights granted to members in this, By-law shall be subject
and Bubordinate to all mortgages or ground leases.now existing
on the College's property or those which may be duly entered
into in the future by the College. The members shall execute any
documents which the College or any lender may deem necessal'y or
desirable to give effect to this paragraph.
51. Subordination
(b). The College and each and every officer and future officer
shall be the irrevocable attorney in fact of each member to
execute any such. instrument. on behalf of the members. The
members shall be deemed.to have waived and shalL not have any
rights to notice of any default or notice offorecloBure qf
other legal action on any such ground lease or mortgage. The
College shall be the agent of each member to receive and accept
such notice on the member's behalf, if such notice is necessary.
52. Time
Time shall be of the essence of By-law and the performance
of the duties of the College its members.
termination of occupancy under paragraphs 4\- and shall
invalidate any decision made, if there has been SUbstantial
compliance with the provisions of this By-law and if no injustice
By-law.
College affecting the occupancy rights of members shall be
adjudged invalid, the same shall not affect the vailidity of any
other clause or provision of this By-lawaI' any agreement with
any member pursuant to this By-law, or constitute any cause of
action in favor of the College or any No failure by
the College to enforce any of its rights, and no condoning
or waiver of any particular breach or default, shall operate to
prevent the College from insisting on its rights with respect
to any other or continued breach or default.
42. Right of Appeal
(a) . If the member or his agent or counsel waa present at the
meeting- of the -Board, he may appeal terminating his
occupancy rights by serving on of the Board, or
leaving at the office within five days of delivery of 'the notice
referred to in paragraph 41 (e), notice setting out the
grounds on which he appesls, unless his occupancy rights. were
terminated because he was in default in the payment of charges.
(b) On receipt of such notice, the shall call a
meeting of the members giving due notice thereof, or put the
matter on the agenda foI;' the next members' meeting .
(c) At such meeting, the member occupancy rights have been
representations to the--meeting ..
(d) By a majority vote, the meeting may confirm the decision
of the Board, or substitute for its decision any decision which
could have. been make by
(e) NotWithstanding an appeal launched in accordance with this
(f) If the members' meeting is duly called and fails to pass
a resolution confirming or changing the decision of the Board,
or if a quorum is not present, the decision of the Board shall
be deemed to have been confirmed.
appears likely that the member will not so vacate, the College
may apply for a Writ of Possession against the member. The
College may also sue the member for any monies owing by the
member to the College.
(b) Unless a member consents, or abandons his Unit, the College
shall not re-enter or regain possession of a Unit, except under
44. Abandonment
If any member abandons his Unit, the College may enter the Unit
and allot it to another member, or rent it, and any losses or
costs resulting to the College shall be the responsibility of
the abandoning
Notwithstanding Section 23 of The Landlord and Tenant Act, the
underletting, parting with possession ot disposing of any Unit.
Article VIII
37. Notice Required
a) A member may terminate his occupancy in the College by
termination is specified to be effective and shall be specified
to be effective on the last day of the month of occupancy. The
member's right to occupy his unit shall terminate at the end
of the notice period. For those members moving outside
the College, such notice will be in the form of Schedule (I).
For members moving within the College, notice will be in
the form of Schedule (J).
b) Until the notice period expires, the member's rights shall
remain in full force and effect. Upon the expiration of the
notice period, if the member vacates the Unit in accordance
with the notice, his obligations to the College shall end,
but any outstanding obligations to the College existing on
that date shall continue until paid or fulfilled.
Article IX
The Board may terminate a member's right to occupy his Unit
for any of the following reasons:
(a)
(b)
(c)
Cd)
(e)
The member is in default of or has been repeatedly
late in payment of monthly charges or other charges
payable under the By-laws of the College.
The member has, in the opinion of the Board substantially
or repeatedly failed to participate in the College in
accordance with paragraph.sJOf this By-law.
The member has, in the opinion of the Board, substantially
or repeatedly interfered with the enjoyment by other members
of the use of theit Units to paragraph 22 of
this By-law.
The member has, in the opinion of the Board,
substantially or repeatedly failed to observe his
repair responsibilities as set out in
paragraph 25 and the Maintenance Policy.
The member has committed any other breach or breaches
of his obligations under this By-law or any of the
Charter, By-laws or Rules and Regulations of the
College and the Board feels that such breach or
breaches is serious enough to warrant termination of
occupancy.
31. Guests
No member shall have any guests in his Room or Unit for a
period greater than 10 days without the permission of the Board.
If permission is refused, the guest (s ~ a l l cease to occupy
the Room or Unit on such a date as t h ~ Board may determine and
any continued occupancy after that date shall be considered a
default by the members occupying the Room and/or Unit.
No member shall have a roomer, boarder or other person sharing
the Room with him unless such person has applied for menbership
in the College and been accepted and allocated the Room on a
sharing basis. If accepted, such person must 'sign an uccupancy
Agreement. If any such person occupies a Unit without applying
for membership, or after having been refused membership, he
shall cease to occupy the Unit on such date as the Board may
determine. Any continued occupancy after that date shall
be considered a default by the members occupying the Unit.
33. No Assignment
a)Any member desiring to leave the College for more than twelve
months must surrender his occupancy rights to the College. and
withdraw from membership. No member may assign his right to
occupy his Unit.
b)A member who surrenders his occupancy rights (under this
paragraph) but wishes to remain a member, must re-apply
in writing at the time of giving notice, without additional
charge for that membership year.
)
)
(c) No member shall make any alterations or improvement to
his Roam or Unit, or alter or in any way change the locking
system, without the permission, in writing, of the . Managemen.t .
Committee or Board. At the end of a member's occupancy of '" .
a Room or Unit, he may remove his fixt4;es., provided 'such .
removal may be and is done without in5ury to the Room or Ur.it.
Cd) Each member shall report. to the College promptly any
condition in the Unit or its equipment or in the building
containing the Unit, which comes to the knowledge of the member,
and which may cause deterioration of the Unit or building if
not corrected.
obligations set out in this. paragraph if the-'member responsible
does not perform them within a reasonable time in the circum-
s ~ a n c e s , aod the member shall reimburse the College for the
reasonable working order to each Unit.
(g) At the end of a member's occupancy of a Unit, he shall
leave the Unit in a clean and tidy condition.
Article VI
Allotment of Rooms and Units
Units of the College who have indicated a desire to change
their units. As suitable units become available, priority
shall normally be given to persons on the internal waiting list
in accordance with the Membership Policy, but the Membership
Committee may either depart from the order on the internal
waiting list or the external waiting list or give a particular
person on the external waiting list priority over a member on
the internal waiting list, if it feels there is good reason
to do so (subject to appeal, in the case. of a member, to the
Board)
In allotting Units to new members and changing units within
the College, the Membership Committee shall act in accordance
)
)
Article IV
17. Committee
Housing charges or other charges similar to rent, or any
other charges payable by members, shall be decided by a
vote of the--members, or a body duly elected or appointed by
the members or a committee. thereof.
18. Budget
The Board shall prepare a budget for .the fiscal year, showing
the estimated total expenses of the College, including reserves
If, diring a Fiscal year, the Board feels that a change in
housing charge is desirable, it may call a special meeting
of the members for the purpose of considering such a change
and give notice at least 72 hours prior to the meeting, and
there should be delivered to each unit a copy of the proposed
revised budget. Any change must be approved by majority vote
of the members at a general member meeting and shall take -
effect only in the manner set out in paragraph 20.
Unless otherwise determined by the members by a two-thirds
majority of the votes cast at the special meeting, no change
in charges shall take effect until at least sixty days after
such change is approved by the members. Notice of the change
applicable to the Room shall be delivered to each Room as soon
as possible after the meeting. The delivery of the notice to
the door of the Unit or to the Unit mailbox shall be deemed
sufficient method of delivery.
Article V
Use and Behaviour
Units shall be used only as private residences for members
and their immediate families, and for other persons in
accordance with this By-law, and far no other purpose.. Saving
only those uses the Board specifically deems appropriate to
the pruposes of the College.
Article III
Members' Contributions
9. Payments
Final Month's Housing Charge (Deposit on Last
month of occupancy)
Damage Deposit
Parking Charge
Pet Damage Deposit
Additional charges which may be payable because
of the member's Separate School support, or his
breach of any of his obligations under this By-Law.
10. Participation
(a) Each member is obligated to participate in the activities
in the college; and in particular, shall attend each meeting
of members unless he is reasonably unable to do so.
(b) Each member shall unless excused by the Board, give a
minimum of service to the College, choosing his own level of
involvement (other than the maintenance responsibilities
relating to his own Unit). If the College adopts general
policy on participation setting out relevant'matters in detail,
such policy shall be attached to the By-law as a schedule.
11. Housing Charge
Paragraph 4 of By-law No.1, and Article IV of this By-law.
I shall be paid in such manner and at such place as the Board
may direct. The monthly housing charge shall include, but
Mortgage payments, municiple taxes, electricity, gas
water and sewage service, insurance on the buildings,
,and College assets only, College administration,
repairs and maintenance, reserves, contingencies,
and other items duly approved by the Board and its
and the member shall responsible for paying them:
Telephone, cable television services, insurance on
the member's own personal property, personal
liability insurance for members.
BY-LAW 9
A By-law relating to the rights and
(As amended by By-law No.ls 12, 13, 14,17,18)
(herein called the "College
fl
) as follows:
Whereas the College has been formed with one of its purposes
that of providing accomodation to its members, it is desired
to set out the terms on which such accomodation will be provided
and the rights and obligations of the College and the members.
And whereas by virture of Ontario Regulation 1008/76 Non-Profit
Co-operative Housing Corporations are exempt from part IV of
the Landlord and Tenant Act;
1. Meaning of Unit:
Actic1e I
Definitions:
In this By-law "Unit" shall mean the grouping of private single
and shared accomodation and the facilities shared in common by
the occupants of the private accomodations in this grouping.
2. Meaning of Room
accomodation component of a unit.
Article II
College's Relationship With Members
3. Membership:
set forth in the Membership Policy attached here to as Schedule "A"
for membership in the College. The membership of such persons
earlier.
--
Where a person has been accepted for membership and allocated
a unit of housing in the College, prior to taking occupancy
such person shall sign the Occupancy Agreement and make all
payments required by the By-laws. The provisions of this
paragraph may be waived only in exceptional circumstances, as
determined by the Board.
TABLE OF CONTENTS
ARTICLE I - DEFINITIONS
1. Meaning of Unit
2. Meaning of Room
ARTICLE II - COLLEGE'S RELATIONSHIP WITH MEMBERS
3. Membership
4. Admission of to Occupancy
6. Priority
ARTICLE III - MEMBER'S CONTRIBUTIONS
9. Payments
10. Participation
14. Adjustment of Final Month's Charge
ARTICLE IV - DETERMINATION OF HOUSING CHARGES
18. Budget
ARTICLE V .- USE AND BEHAVIOUR
22. Nuisance
24. Privacy
ARTICLE VI - ALLOTMENT OF ROOMS AND UNITS
28. Damage by Fire
.ARTICLE VII - OCCUPANCY BY MEMBERS
29. No Strangers
31. Guests
By-law No. 28
Co-operative need not follow the provIsions of paragraph 40
(Termination on Default), paragraph 41 (Procedure for Terminating
Occupancy) and paragraph 42 (Right of Appeal).
Page 2
4. Article IX (Termination of Occupancy by Co-op), Paragraph 43 (Legal Proceedings),
subparagraphs (a) and (b) are amended to read as follows:
determined in accordance with paragraph 41, the Co-operative may
re-enter, regain possession and change the locks or, in the discretion
of the board of directors may apply for a writ of possession against the
member. The Co-operative may also sue the member for any monies
owing by the member to the Co-operative.
(c) Unless a member consents, or abandons his/her
Room/Apartment, the Co-operative shall not re-enter or regain'
possession of a Room/Apartment, unless the member's right of
occupancy in the Co-operative has expired under paragraph 39 (Expiry
of Occupancy Agreement), been terminated by the member under
paragraph 39.1 (Notice Required) or been terminated by the
Co-operative under paragraph 41 (Procedure for Terminating
Occupancy). .
5. Article X (Withdrawal From Membership), Paragraph 46 (No Withdrawal Without Terminating
Occupancy), is amended as follows:
(a) the second sentence is amended by changing the reference "paragraph 39" to "paragraph
39.1 (Notice Required)";
(b) the third sentence should be deleted, as the rights of the Co-operative are covered in the
new Paragraph 39.2.
PASSED by the Board of Directors of the Co-operative at a meeting properly held on March 4,
1992, and CONFIRMED by at least two-thirds of the votes c st at a general meeting of members of the
Co-operative properly held on 18 March, 199
cis
NEILlrWYCIK CO-OPERATIVE COLLEGE INC.
By-law No. 28
Co-operative need not follow the provIsions of paragraph 40
(Termination on Default), paragraph 41 (Procedure for Terminating
Occupancy) and paragraph 42 (Right of Appeal).
Page 2
4. Article IX (fermination of Occupancy by Co-op), Paragraph 43 (Legal Proceedings),
subparagraphs (a) and (b) are amended to read as follows:
re-enter, regain possession and change the locks or, in the discretion
of the board of directors may apply for a writ of possession against the
member. The Co-operative may also sue the member for any monies
owing by the member to the Co-operative.
(c) Unless a member consents, or abandons his/her
Room/Apartment, the Co-operative shall not re-enter or regain
possession of a Room/Apartment, unless the member's. right of
occupancy in the Co-operative has expired under paragraph 39 (Expiry
of Occupancy Agreement), been terminated by the member under
paragraph 39.1 (Notice Required) or been terminated by the
Co-operative under paragraph 41 (Procedure for Terminating
Occupancy) .
5. Article X (Withdrawal From Membership), Paragraph 46 (No Withdrawal Without Terminating
Occupancy), is amended as follows:
(a) the second sentence is amended by changing the reference "paragraph 39" to "paragraph
39.1 (Notice Required)";
(b) the third sentence should be deleted, as the rights of the Co-operative are covered in the
new Paragraph 39.2.
PASSED by the Board of Directors of the Co-operative at a meeting properly held. on March 4,
1992, and CONFIRMED by at least two-thirds of the votes c st at a general meeting of members of the
Co-operative properly held on 18 March 199
cis
Bylaw No. 27
Schedule "K"
the other payments required under Article III, paragraph 10, and
I Payments
be made by certified. cheque or money order, except for fall
summer, .and maintenance deposits. .Fall term payments from all
or money order.
(b) In accordance with Article III, paragraph 12, housing
(i) Housing charges for roooms in four-, five-, and six-
persons units are payable by the term, and are due on the
first day of September for the fall term and the first
day of January for the winter term. Payments for the
months of May, June, July, and August are due on the
first day of each respective month.
(ii) with the special permission of the 'Rental Arrears
Committee, members who are employed full-time who have
pay housing charges for a Room in a four-, five-, or six-
person unit monthly,. but if such members fall into
arrears, the balance of the term housing charges may be
( iii) Housing charges for two-person units and Apartments
of the month. For Apartments, full payment will be
(c) In accordance with Article III, paragraph 14, the housing
charge covering the last month of the occupancy agreement must
always be on deposit.
(d) In accordance with Schedules "0" and "I", administrative fees
POL A-55
November 24, 1992
Bylaw No. 27
Schedule "I"
This is an agreement between Neill-Wycik co-operative College Inc.
will be vacating their Room/Apartment on the date stated below.
agrees to fulfil.
I the undersigned give formal notice that I will vacate my
Room/Apartment on
19
month day year
1. continued payment of the housing charges for my Room/Apartment
until the date upon which I vacate my Room/Apartment, or the date
3. For leaving my Room/Apartment in a clean and orderly condition
for the new occupant.
Per: __________________________________ __
Date received
POL A - 5;3
November 24, 1992
Bylaw No. 27
Schedule "G"
Member(s):
Room/Apartment:
provisions of paragraph 41 of Bylaw No. 27, the Occupancy Bylaw (as
amended by Bylaw 28) of the Co-operative;
the Notice;or
breach;
termination under paragraph 40 of the Occupancy Bylaw exists:
Be it resolved that the occupancy rights of the Member (s) be
day of , 19 at a meeting of the
unamended.
Per
POL A-51
November 24, 1992
Bylaw No. 27
Schedule "E"
Re: Sub-occupancy of Room/Apartment
"Co-operative", and
___ --:-_______________ , herein referred to as the "sub-
respect to the premises known as 96 Gerrard Street
19
I, , the Sub-occupying Member,
understand that I must deliver. up vacant possession and occupation
of the premises on that date and that this Agreement may be
enforced by writ of possession (eviction order) if I fail to do so.
Per:
POL A - 49
November 24, 1992
BETWEEN:
-and-
-and-
Bylaw No. 27
Schedule "D"
Street East, in the ci ty of Toronto, (hereinafter called the
"Room/Apartment"), and. the Co-operative is the owner of the
property, and the Member has requested permission to grant
temporary sub-occupancy rights to the sub-occupying member, and the
Co-operative has consented.
to occupy the Room/Apartment for a term of months commencing
_________ , 19 __ , and ending , 19 __ .
2. The co-operative hereby grants temporary sub-occupancy rights
to the sub-occupying member as occupant of the Room/Apartment for
a term of months commencing , 19 __ , and
ending , 19 ___
operati ve to observe all the terms of and to perform all the
the Articles, Bylaws, Rules and Regulations and Policies of the Co-
operative (insofar as they are applicable to him/her) and to pay
to the Co-operative the monthly housing charge of $ (which
may be payable by the term in some Units, at the discretion of the
Co-operative) or such other monthly housing charge as may be
payable for the A copy of the said documents are
available at the Co-operative office. The housing charge set out
above shall be payable by the sub-occupying member directly to the
Co-operative at its office monthly in advance by cheque or money
order or on the first day of each term in advance, if term payments
are in effect for the Room/Apartment.
POL A - 47
November 24, 1992
Bylaw No. 27
Schedule "c"
MAINTENANCE POLICY
1. Each member shall maintain his/her Room/Apartment and Unit in
a reasonable state of cleanliness at all times and shall
comply with all requirements and standards of health
authorities and other authorities respecting standards of
cleanliness, maintenance and safety.
3 . No member shall make any alterations or improvements to
his/her Room/Apartment or unit or alter or in any way change
the locking system, without the permission in writing of the
Board of Directors or the maintenance manager. At the end of
a member's occupancy of a Room/Apartment, s/he may remove
his/her fixtures provided such removal does not cause a
requirement for repair work to be done on the Room/Apartment
or unit.
4. Each member shall promptly report to the Co-operative any
condition in the Unit/Apartment or in its equipment or in the
building which comes to the knowledge of the member and which
may cause deterioration of the Unit/Apartment or building if
not corrected.
5. The. Co-operative may perform any of the cleaning or other
6. A member may request painting to be done in his/her unit by
painters employed by the Co-operati ve. The Co-operati ve
reserves the right to determine whether the area to be painted
is eligible for the paint and labour to be supplied free. No
member may undertake his/her own painting in multiple Units,
except with the permission of the maintenance manager or the
maintenance department's painting supervisor.
safety procedures of the building, including ensuring that no
POL A - 45
November 24, 1992
Bylaw No. 27
Schedule "B"
tolerated.
(c) Abusive behaviour or language toward members, employees or
visitors is not tolerated.
is not tolerated.
tolerated.
building.
(b) Before a pet is brought into a two-person unit or
Apartment, the permission of the unitmate must be secured.
POL A - 43
November 24, 1992
Furnished units
Requests for transfers in the furnished units will be dealt with
according to:
1. Date of Request
2. Gender
In allocating the 2-person Units, the following guidelines may be
waiting list:
1. Gender
3. Pets
4. Personal Compatibility
from the waiting list candidates . Ultimately, the uni tmate
Apartments
3. Two internal students sharing Apartment
4.. Internal single student
5. Two external students sharing Apartment
6. External single student .
POL A - 41
November 24, 1992
53. Policies
Wherever the bylaw refers to a Policy of the Co-operative attached
Rules and Regulations shall be considered a part of this bylaw. If
at the day of the passing thereof, or at any other time, any of the
Policies or Rules and Regulations referred to in this bylaw is not
Policy or Rules and Regulations in this bylaw shall be taken as a
reference to the resolutions or decisions made by the Board, its
POL A - 39
November 24, 1992
Article X
A member residing in the Co-operati ve may not withdraw from
membership in the Co-operative without terminating his/her
occupancy in the co-operative. If a member serves notice of
withdrawal from membership under section 64 of The Co-operative
corporations Act, slhe shall be deemed to have given two months
notice to terminate occupancy in accordance with paragraph 39.1
(Notice Required) at the same time.
47. No Termination of occupancy without Withdrawal
(a) When occupancy is terminated by the Co-operative or the
possession of the member's Room/Apartment is recovered by the Co-
or remain on the internal waiting list for a Room/Apartment in the
in section 66 of The Co-operative corporations Act.
POL A - 37
November 24, 1992
42. (c) At such meeting, the member whose occupancy rights have
been terminated may appear with or without counsel and may make
have been made by the Board.
(e) If an appeal is launched in accordance with this paragraph,
the day of termination will be two days following the date for
which the members' meeting is called, or the date specified in the
notice to vacate referred to in paragraph 41(e), whichever is the
later, unless the members' meeting decides to further extend the
day of termination.
resolution changing the decision of the Board, or if a quorum is
not present, the decision of the Board shall be deemed to have been
confirmed.
re-enter, regain possession and change the locks or, in the
discretion of the Board of Directors may apply for a writ of
possession against the member. The Co-operative may also sue the
member for any monies owing by the member to the Co-operative.
(b) Unless a member consents, or abandons his/her Room/Apartment,
the Co-operative shall not re-enter or regain possession of a
Room/Apartment, unless the member's right of occupancy in the Co-
operative has expired under paragraph 39 (Expiry of Occupancy
Agreement), been terminated by the member under paragraph 39.1
(Notice Required) or been terminated by the Co-operative under
paragraph 41 (Procedure for Terminating Occupancy) .
44. Abandonment
If a Room/Apartment has been abandoned, the Co-operative may enter
the unit and allocate it to another member, or rent it l and any
losses or costs resulting to the Co-operative will be the
responsibility of the abandoning member. A Room/Apartment will be
deemed abandoned if reasonable inquiry indicates that persons have
not been seen entering or leaving the Room/Apartment for a
significant period of time and if, on entry of the Room/Apartment,
it appears vacant by reason of absence of furniture or other
personal belongings.
POL A - 35
November 24, 1992
Article IX
.-'
a member's right to occupy his/her Room/Apartment for any of the
following reasons:
payment of charges payable under the bylaws of the Co-operative.
repeatedly interfered with the enjoyment of other members or the
use of their Room/Apartment contrary to paragraph 22 and/or
Schedule liB" of this bylaw.
responsibilities as set out in paragraph 24 and the Maintenance
obligations under this bylaw or any of the Charter, Bylaws or Rules
and Regulations of the Co-operative and the Board feels that such
occupancy.
unless written notice has been delivered to the member's unit or
Apartment at least five days prior to a meeting of the Board
(except in the case of emergency), which notice shall:
(i)
( ii)
(iii)
( iv)
specify the breach or default complained of,
require the member to remedy the breach if it is
capable of remedy,
require the member to make compensation in money for the
setting out the time and place for the meeting to
terminated.
Such notice may be in the form hereto attached as Schedule "F". The
member may appear personally or by agent or counsel at the meeting
and may make representations to the Board prior to its vote.
POL A - 33
November 24, 1992
Article VIII
(a) The right of occupancy in the Co-operative of a member with a
fixed term occupancy agreement expires on the expiry date specified
in the occupancy agreement, unless the member has applied for a
renewal in accordance with the policies and procedures of the Co-
operative and the Co-operative has agreed to the renewal in
writing.
(b) The Board of Directors or the Executive Committee
Co--operati ve may rej ect an application for renewal
satisfied that such rejection is in the best interests
Co-operative.
39.1 Notice Required
of the
if it is
of the
termination .is specified to be effective and shall be specified to
member's right to occupy his/her Room/Apartment shall terminate at
the end of the notice period. For all members moving outside the
Co-operative, such notice will be in the form of Schedule (I).
Once a member has given such notice, the notice may not be
withdrawn without the consent of the Board or its delegate. The
Board will not be obliged to permit members to withdraw the notice
and the decision of the Board to refuse to allow members to
withdraw notice will not be subject to appeal to a general meeting
of members. .
(b) until the notice period expires, the member's occupancy rights
and obligations will remain in full force and effect. Upon the
expiration of the notice period, if the member vacates the
Room/Apartment in accordance with the notice, his/her obligations
to the Co-operative will end, excepting any outstanding obligations
to the Co-operative existing on that date Which shall continue
until paid or fulfilled.
3Q.2 Failure to Vacate
occupancy agreement
POL A - 31
November 24, 1992
34. Sub-Occupancy
(a) Any member who desires to leave the co-operative temporarily
for a period of not more than four months may sublet his/her
Room/Apartment, but only on the terms of the Sub-Occupancy
Agreement attached hereto as Schedule "D". Prior to the
commencement of any term of sub-occupancy, the member and all sub-
occupants shall sign and deliver to the Co-operative a Sub-
Occupancy Agreement, in the form attached hereto as Schedule "D"
and an Agreement by the sub-occupants to terminate in the form
attached hereto as Schedule "E". A member wishing to sublet must
inform the Co-operative of his/her desire in writing, in the form
of Schedule "J".
operative.
35. No Profit
any sub-occupant any amount greater than 'the charge payable by a
member occupying the Room/Apartment.
In order to control occupancy of the Co-operative's units and to
prevent a profit to any member on surrender of a unit, the Co-
operative will be considered to be acting reasonably in withholding
its consent to any assigning, sub-letting, parting with possession
of or disposing of a unit if it refuses consent where the proposed
transaction would be in favour of a non-member or would violate any
provision established by the Co-operative in relation to waiting
lists or any other provision of the Co-operative's bylaws.
37. principal Residence
A unit allocated to a member must be used as his or her principal
residence. The Board may proceed to terminate the member J s
occupancy rights under Article 9 (Termination of Occupancy by Co-
op) if the Board determines that the unit is not the member's
principal residence.
POL A - 29
November 24, 1992
28. (d) For a period of up to three months after the fire or
casualty, the member shall be able to occupy any vacant Room in the
Co-operative on an emergency basis paying the lesser of the charges
applicable to such Room or the damaged Room/Apartment.
28. (e) If any member loses his/her right to occupancy under this
until suitable accomodation is offered to him/her. Thereafter s/he
shall be deleted from the list.
POL A - 27
November 24, 1992
25. Acts of Others
Members will be responsible for the acts, omissions .and behaviour
of their household, guests or sub-occupants and all person invited
or permitted into the Unit, common elements or other property of
the Co-operative by the member, their household, guests or sub-
occupants. Members will be liable if any such person does any act
or omits to do any act which, if done or omitted by a member,
whould be considered a default under the bylaws of the Co-
operative. The member will be required to pay any damages and may
have his or her occupancy rights terminated as if the act or
omission had been done or omitted by the member personally.
POL A - 25
November 24, 1992
18. Budget
Article IV
Prior to any change in housing charges the Board shall prepare a
budget for the fiscal year to which the changed housing charges
relate, showing the estimated total expenses of the Co-operative,
including reserves and contingencies, all external income, and &11
the charges proposed for each type of Room/Apartment.
19. Determination of Housing Charges
general meeting duly called. for that purpose. A copy of the
proposed budget shall be delivered to each unit and Apartment in
advance of the meeting. Should such a meeting fail for lack of
quorum, the Board of Directors is authorized to determine the
housing charges that were to be determined by the general meeting.
of the votes cast at the general meeting, no change in charges
shall take effect until at least fifty days after such change is
approved by the members. If the changed housing charges will take
effect during the term of a lease, notice of the change applicable
to each Room/Apartment shall be delivered to each unit and
Apartment as soon as possible after the meeting. The delivery of
the "notice to the door of the Unit/Apartment or to the
Unit/Apartment mailbox shall be deemed sufficient method of
delivery to the Rooms in to that Apartment.
Use and Behaviour
Room/Apartment and units shall be used only as private residences
for members and their immediate families, and for other persons in
accordance with this bylaw, and for no other purpose, saving only
those uses deemed appropriate by the Board. '
POL A - 23
November 24, 1992
(b) The housing charge shall not include the following and the
member shall be responsible for paying them:
, Telephone, cable television services, insurance on the member's own
personal property, personal liability insurance for members.
12. Parking Charge
Arrears Policy.
his/her Room/Apartment an amount equal to his/her final month's
housing charge. The final month's housing charges may be applied
to the last month of residence of the member, providing the member
has given the Co-operative due notice in accordance with this
bylaw, and does not owe any money to the Co-operative. otherwise,
the final, month's charges may be set off' by the Co-operative
If there is any change in the housing charges, each member shall
pay any additional amount required to bring his/her fi'nal month's
in charges, the Co-operative shall credit each member with the
in accordance with Bylaw No. 24, paragraph 4.
If, as a result of the activities of any member, whether or not
there is a breach of this bylaw, the Co-operative becomes liable
for any additional taxes, charges or expenses, the member shall pay
such taxes, charges or expenses to the Co-operative on demand.
Such charges shall include returned cheque charges, collection
charges, and legal fees, as between a solicitor and his/her own
client and as settled by the Co-operative. If such tax, 'charge or
expense is a regular recurring payment, the member's housing charge
shall be adjusted accordingly.
POL A - 21
November 24, 1992
This bylaw shall apply to all occupants of the Co-operative who are
members. If the Co-operative has any commercial tenants, or
residential tenants who are not members, the relationship between
the Co-operative and such persons shall be on the basis of leases
or contractual arrangements entered into between them and the Co-
operati ve, wi th the approval of the Board. In granting such
leases, dealing with such persons, or terminating their
relatIonship with the co-operative, the Board shall act in
accordance with the applicable sections of The Landlord and Tenant
this bylaw with respect to members.
A member residing in the Co-operative shall be entitled to
exclusive possession of his/her Room/Apartment together with any
members who are sharing such Room/Apartment with him/her, and in
the case of a Room to the use in common with other members of the
common facilities applicable to his/her unit. The Co-operative
will permit each member quiet enjoyment of these areas in
accordance with the bylaws of the Co-operative.
POL A - 19
November 24, 1992
1. Meaning of Apartment
Article I
Definitions
In this bylaw, "Apartment" means a self-contained dwelling unit
allocated exclusively to one household who is responsible
financially for it.
2. Meaning of Room and unit
In this bylaw, "Room" means
leases, a room allocated to two households who are responsible
financially for a part of it as described in their occupancy
agreement,and which shares certain common facilities
including kitchen and bathroom -- with other rooms, and "unit
ll
means a collection of rooms sharing common facilities together
with those common facilities.
POL A - 17
November 24, 1992
Bylaw No. 27
Schedule"K"
the other payments required under Article III, paragraph 10, and
hereby put into effect: '
I Payments
or money order.
(b) In accordance with Article III, paragraph 12, housing
(i) Housing charges for roooms in four-, five-, and six-
persons units are payable by the term, and are due on the
first day of September for the fall term and the first
day of January for the winter term. Payments for the
months of May, June, July, and August are due on the
first day of each respective month.
Committee, members who are employed full-time who have
supplied information as to their employers, identity may
pay housing charges for a Room in a four-, five-, or six-
person unit monthly, but if such members fall into
arrears, the balance of the term housing charges may be
(iii) Housing charges for two-person U ~ i t s and Apartments
of the month. For Apartments, full payment will be
(c) In accordance with Article III, paragraph 14, the housing
charge covering the last month of the occupancy agreement must
always be on deposit.
(d) In accordance with Schedules "0" and "I", administrative fees
POL 1-38 March 2, 1992'-
Bylaw No. 27
Schedule "I"
will be vacating their Room/Apartment on the date stated below.
The agreement also outlines responsibilities .which the undersigned
agrees to fulfil.
I the undersigned give formal notice that I will vacate my
Room/Apartment on
_________________ , 19
month day year
1. continued payment of the housing charges for my Room/Apartment
until the date upon which I vacate my Room/Apartment, or the date
3. For leaving my Room/Apartment in a clean and orderly condition
for the new occupant.
Per: __________________________________ __
Date received
POL 1-36 March 2, 1992"
Bylaw No. 27
Schedule "G"
Member(s) :
Room/Apartment:
provisions of paragraph 41 of Bylaw No. 27 of the Co-operative;
the Notice;or
breach;
termination under paragraph 40 of Bylaw No. 27 exists:
terminated effective , 19 _____ _
day of , 19 at a meeting of the
unamended.
Per
POL 1-34 March 2, 1992-
Bylaw'No. 27
Schedule "E"
Re: Sub-occupancy of Room/Apartment
"Co-operative", and
___________________ , herein referred to as the "sub-
respect to the premises known as 96 Gerrard Street
East, in the city of Toronto, on the of , .
19
I, , the Sub-occupying Member,
understand that I must deliver up vacant possession and occupation
of the premises on that date and that this Agreement may be
enforced by writ of possession (eviction order) if I fail to do so.
Per:
POL 1-:-32 March 2, 199:t-
BETWEEN:
-and-
-and-
'Bylaw No. 27
Schedule "D"
hereinafter called the 'isub-occupying member"
"Room/Apartment"), and the Co-operative is the owner of the
property,and the Member has requested permission to grant
temporary sub-occupancy rights to the sub-occupying member, and the
has consented.
to occupy the Room/Apartment for a term of months commencing
_________ , 19 __ , and ending , 19 __
to the sub-occupying member as occupant of the Room/Apartment for
a term of months commencing , 19 ___ , and
ending , 19 __ .
obligations of the member under the member IS occup,ancy agreement,
the Articles, Bylaws, Rules and Regulations and Policies of the Co-
operative (insofar as they are applicable to him/her) and to pay
to the Co-operative the monthly housing charge of $ (which
may be payable by the term in some Units, at the discretion of the
Co-operative) or such other monthly housing charge as may be
payable for the Room/Apartment. A copy of the said documents are
available at the Co-operative office. The housing charge set out
above shall be payable by the sub-occupying member directly to the
Co-operative at its office monthly in advance by cheque or money
order or on the first day of each term in advance, if term payments
,are in effect for the Room/Apartment.
POL I-3D March 2, 1992-
Bylaw No. 27
Schedule "C"
MAINTENANCE POLICY
1. Each member shall maintain his/her Room/Apartment and unit in
a reasonable state of cleanliness at all times and shall
comply with all requirements and standards of health
authori ties and other authorities respecting standards of
cleanliness, maintenance and safety.
3. No member shall make any alterations or improvements to
his/her Room/Apartment or unit or alter or in any way change
the locking system, without the permission in writing of the
Board of Directors or the maintenance manager. At the end of
a member's occupancy of a Room/Apartment, s/he may remove
his/her fixtures provided such removal does not cause a
requirement for repair work to be done on the Room/Apartment
or Unit.
4. Each member shall promptly report to the co-operative any
condition in the Unit/Apartment or in its equipment or in the
building which comes to the knowledge of the member and which
may cause deterioration of the Unit/Apartment or building if
not corrected.
6. A member may request painting to be done in his/her unit by
painters employed by the Co-operative. The Co-operative
reserves the right to determine whether the area to be painted
is eligible for the paint and labour to be supplied free. No
member may undertake his/her own painting in multiple Units,
except with the permission of the maintenance manager or the
maintenance department's painting supervisor.
safety procedures of the building, including ensuring that no
POL 1-28 March 2, 1992-
Bylaw No. 27
Schedule "B"
RULES AND' REGULATIONS
Neill-Wycik a safe and comfortable place to live,.work and visit.
tolerated.
(c) Abusive behaviour or language toward members, employees or
visitors is not tolerated.
is not tolerated.
tolerated.
building.
(b) objects shall not be thrown out of any window in the
(b) Before a pet is brought into a two-person Unit or
Apartment, the perm1ssion of the unitmate must be secured.
(e) The pet owner assumes responsibility for damage caused by
his/her pet or related to the presence of his/her pet.
POL I-26 March 2, 199"-
Furnished units
Requests for transfers in the furnished units will be dealt with
according to:
1. Date of Request
2. Gender
In allocating the 2-person Units, the following guidelines may be
used to select. the most appropriate member from the internal
waiting list:
1. Gender
3. Pets
Apartments
3. Two internal students sharing Apartment
5. Two external students sharing Apartment
The Co-operative will not knowingly place people on the waiting
list if they are not expecting to have full-time student status on
their expected occupancy commencement date.
1. Length of absence from co-op. The most recent resident of
a Room/Apartment has first option to renew the occupancy
agreement.
2. Date of application. Applications for September must be
received by the date determined by the Board to maintain
priority status as a returning member.
2. Out of province students may be given preference based on
direction of the Board.
POL 1-24 March 2, 199z
53. Policies
\
Wherever the bylaw refers to a Policy of the Co-operative attached
Rules and Regulations shall be considered a part of this bylaw. If
at the day of the passing thereof, or at any other time, any of. the
Policies or Rules and Regulations referred to in this bylaw is not
Policy or Rules and Regulations in this bylaw shall be taken as a
reference to the resolutions or decisions made by the Board, its
POL 1-22 March 2, 1992-
Article X
A member residing in the Co-operative may not withdraw from
membership in the Co-operative without terminating his/her
occupancy in the Co-operative. If a member serves notice of
withdrawal from membership under section 64 of the Co-operative
Corporations Act, .s/he shall be deemed to have given two months
notice to terminate occupancy in accordance with paragraph 39 at
46. (continued) the same time. If the member fails to vacate
his/her Room/Apartment in accordance with paragraph 39, the Co-
operative may apply for a writ of Possession and take such other
(a) When occupancy is terminated by the co-operative or the
intention to withdraw from membership. on the day on which
possession of the member's Room/Apartment is recovered by the Co-
Co-operative p ~ i o r to the Co-operative recovering possession.
or remain on the internal waiting list for a Room/Apartment in the
Co-operative under paragraph 27 shall be deemed to have giveri
in section 66 of the Co-operative Corporations Act.
POL 1-20 March 2, 1992"'
42. (c) At such meeting, the member whose occupancy rights have
been terminated may appear with or without counsel and may make
have been"made by the Board.
(e) If an appeal is launched in accordance with this paragraph,
the day of termination will be two days following the date for
which the members' meeting is called, or the date specified in the
notice to vacate referred to in paragraph 41(e), whichever is the
later, unless the members' meeting decides to further extend the
day of termination.
42. (f) If the members' meeting is duly called and fails to pass a
confirmed.
determined in accordance with paragraph 41, or if it appears likely
that the member will not so vacate, the Co-operative may apply for
a Writ of Possession against the member. The Co-operative may also
sue the member for any monies owing by the member to the Co-
operative.
(b) Unless a member consents, or abandons his/her Room/Apartment,
the co-operative shall not re-enter or regain possession of a
Room/Apartment, except under the authority of a Writ of Possession
or other jUdicial process.
44. Abandonment
If a Room/Apartment has been abandoned, the Co-operative may enter
the unit and allocate it to another member, or rent it, and any
losses or costs resulting to the Co-operative will be the
responsibility of the abandoning member. A Room/Apartment will be
deemed abandoned if reasonable inquiry indicates that persons have
not beeri seen entering or leaving the Room/Apartment for a
significant period of time and if, on entry of the Room/Apartment,
it appears vacant by reason of absence of furniture or other
personal belongings.
POL 1-18 March 2, 199z...
Article IX
a member's right to occupy his/her Room/Apartment for any of the
following reasons:
payment of charges payable under the bylaws of the Co-operative.
use of their Room/Apartment contrary to paragraph 22 and/or
Schedule "B" of this bylaw.
responsibilities as set out in paragraph 24 and the Maintenance
obligations under this bylaw or any of the Charter, Bylaws or Rules
and Regulations of the Co-operative and the Board feels that such
occupancy.
unless written notice has been delivered to the member's Unit or
Apartment at least five days prior to a meeting of the Board
(except in the case of emergency), which notice shall:
(i)
(ii)
( iii)
(iv)
specify the breach or default of,
require the member to remedy the' breach if it is
capable of remedy,
.require the member to make compensation in money for the
setting out the time and place for the meeting to
terminated.
Such notice may be in the form hereto attached as Schedule "F". The
member may appear personally or by agent or counsel at the meeting
and may make representations to the Board prior to its' vote.
POL I-16 March 2, 1992'-
38. Commercial Tenants
If the Co-operative has any tenants occupying any property owned by
it for other than residential purposes, this bylaw will not apply
to the relationship with them, and the relationship will be
governed by whatever lease or tenancy agreement has been entered
into between them and the Co-operative.
POL 1-14 March 2, 199Z
29. No strangers
Article VII
When a Room/Apartment has been allocated to a member or members, no
person . other than the member or members may occupy the
Room/Apartment except as provided in this Article.
Persons under sixteen years of age may occupy an Apartment as part
of a member1s household. When any such person turns sixteen, s/he
shall apply for membership in the Co-operative, and if accepted,
shall sign an occupancy agreement. If not accepted, s/he may
continue to reside with his/her family and the members occupying
such Apartment shall continue to be responsible for his/her
31. Guests
No member shall have any guests in his/her Room/Apartment or in any
common area, without consent of the unitmates, such consent not to
be unreasonably withheld. No guest shall stay for more than an
occupy the Room or unit or Apartment on such a date as the Board or
its delegate may determine and any continued occupancy after that
date shall be considered a default by the members occupying the
Room/Apartment.
Room/Apartment with him/her unless such person has applied :eor
membership in the Co-operative and been accepted and allocated the
Room/Apartment on a sharing basis. If accepted, such person must
sign the occupancy agreement.
33. No Assignment
No member may
Room/Apartment.
assign his/her
POL 1-12
right to occupy his/her
March 2, 1 9 9 ~ -
Article VI
Allotment of Rooms/Apartments
26. MembershipPolicy
In allotting Rooms/Apartments to new members and changing
Rooms/Apartments within the Co-operative, the Board or its
designate shall act in accordance with the membership policy
attached hereto as Schedule "A".
Rooms/Apartments of the Co-operative who have indicated a desire to
change their Rooms/Apartments. As sui table Rooms/Apartments become
available, priority shall normally be given to persons on the
internal waiting list in accordance with the Membership Policy,
(attached as Schedule "A") but the Board or its delegate may either
list priority over a member on the internal waiting list, if s/he
28. Damage by Fire
(a) If any Room/Apartment in the Co-operative is damaged by fire
or other casualty and such damage is minor, the Room/Apartment
shall be repaired by the Co-operative as quickly as possible and
there will be no reduction in housing charges.
it is not desirable to repair the Room/Apartment or the building in
which it is situated, then the memBer's right to occupy the
effective the day of the fire or casualty.
(c) If the damage is such that the Room/Apartment is no longer
habitable, but the Co-operative intends to repair the
Room/Apartment, then the member's right to occupy the
member shall have a further right to reoccupy the damaged
Room/Apartment when it is repaired, unless in the meantime s/he has
elected to accept another Room/Apartment.
POL 1-10 March 2, 1992-
18. Budget
Article IV
Prior to any change in housing charges the Board shall prepare a
-budget for the fiscal year to which the changed housing charges
relate, showing the estimated total expenses of the Co-operative,
including reserves and contingencies, all external income, and all
the charges proposed for each type of Room/Apartment.
19. Determination of Housing Charges
general meeting duly called for that purpose. A copy of the
proposed budget shall be delivered to each unit and Apartment in
advance of the meeting. Should such a meeting fail for lack of
quorum, the Board of Directors is authorized to determine the
housing charges that were to be determined by the general meeting.
of the votes cast at the general meeting, no change in charges
shall take effect until at least fifty days after such change. is
approved by the members. If the changed housing charges will take
effect during the term of a lease, notice of the change applicable
to each Room/Apartment shall be delivered to each unit and
Apartment as soon as possible after the meeting. The delivery of
the notice to the door of the Unit/Apartment or to the
Unit/Apartment mailbox shall be deemed sufficient method of
delivery to the Rooms in to that Apartment.
Use and Behaviour
Room/Apartment and units shall be used only as private residences
for members and their immediate families, and for other persons in
accordance with this bylaw, and for no other purpose, saving only
those uses deemed appropriate by the Board.
acts to be committed within the Room/Apartment or unit or on the
common elements. The Rules and Regulations of the Co-operative are
POL 1-8 March 2, 199T
(b) The housing charge shall not include the following and the
member shall be responsible for paying them:
Telephone, cable television services, insurance on the member's own
personal property, personal liability insurance for members.
12. Parking Charge
the applicable charge as specified in Schedule "K" - Payi:nent and
Arrears Policy.
Each.member shall pay to the Co-operative prior to moving into
his/her Room/Apartment an amount equal to his/her final month's
housing charge. The final month's housing charges maybe applied
to the last month of residence of the member, providing the member
has given the Co-operative due notice in accordance with this
bylaw, and does not owe any money to the Co-operative. Otherwise,
the final month's charges may be set off by the Co-operative
If there is any change in the housing charges, each member shall
pay any additional amount required to bring his/her final month's
chargesup to the current amounts. If there has been a reduction
14. (continued) in charges, the Co-operative shall credit each
member with the difference or pay the difference to each member.
The final month's charges shall not bear interest.
Each meinber shall pay annually an Education and Social Activity Fee
in accordance with Bylaw No. 24, paragraph 4.
If, as a result of the activities of any member, whether or not
there is a breach of this bylaw, the Co-operative becomes liable
for any additional taxes, charges or expenses, the member shall pay
such taxes, charges or expenses to the co-operative on demand.
Such charges shall include returned cheque charges, collection
charges, and legal fees, as between a solicitor and his/her own
client and as settled by the Co-operative. If such tax, charge or
expense is a regular recurring payment, the member's housing charge
shall be adjusted accordingly.
POL 1-6 March 2, 199 Z"
This bylaw shall apply to all occupants of the Co-operative who are
members. I f the Co-operative has any commercial tenants I or
residential tenants who are not members, the relationship between
the Co-operative and such persons shall be on the basis of leases
or contractual arrangements entered into between them and the Co-
operative, wi th the approval of the Board. In granting such
leases, dealing with such persons, or terminating their
relationship with the Co-operative, the Board shall act in
this bylaw with respect to members.
A member residing in the Co-operative shall be entitled to
exclusive possession of his/her Room/Apartment together with any
members who are sharing such Room/Apartment with him/her, and in
the case of a Room to the use in common with other members of the
common facilities applicable to his/her unit. The Co-operative
will permit each member quiet enjoyment of these areas in
accordance with the bylaws of the Co-operative.
POL 1-4 March 2, 1997
1. Meaning of Apartment
Article I
Definitions
In this bylaw, "Apartment" means a self-contained dwelling unit
financially for it.
2. Meaning of Room and unit
In this bylaw, "Room" means
leases, a room allocated to two households who are responsible
financially for a part of it as described in their occupancy
agreement,
and which shares certain common facilities -- including kitchen and
bathroom -- with other rooms, and "unit" means a collection of
2. (continued) rooms sharing common facilities together with
those common facilities.
POL 1-2 March 2, 1992-
President secretary
vote.
future time. It shall be necessary to give the member any further
notice of any such future consideration.
40. Right of Appeal
his/her occupancy rights by serving on any member
of the Board, or leaving at the office within f1ve days of delivery
the grounds on which s/he appeals, unless his/ner occupancy rights
charges;.
(b) On receipt of such notice, the President
of the members due notice thereof
PART 1- SECTION 34
51
Defence of Person
SELF DEFENCE AGAINST UNPROVOKED ASSAULT-Extent of justification.
34. (1) Everyone who is unlawfully assaulted without having provoked
the assault is justified in repelling force by force if the force he uses is not
intended to cause death or grievous bodily harm and is no more than is
necessary to enable him to defend himself.
(2) Everyone who is unlawfully assaulted and who causes death or
grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous
bodily harm from the violence with which the assault was origi-
nally made or with which the assailant pursues his purposes, and
(b) he believes on reasonable and probable grounds, that he cannot
otherwise preserve himself from death or griel'ous bodily harm .
. ___ c. 51, s. 34.
SELF DEFENCE IN CASE OF AGGRESSION.
35. Everyone who has without justfication assaulted another but did'
not commence the assault with intent to cause death or grievous bodily
harm, or has without justification provoked an assault upon himself by
another may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily
harm from the violence of the person whom he has assaulted or
provoked, and
(li) in the belief, on reasonable and probable grounds, that it is
necessary in order to preserve himself from death or grievous
bodily harm;
(b) he did not, at any time before the necessity of preserving himself
from death or grievous bodily harm arose, endeavour to cause
death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far
as it was feasible to do so before the necessity of preserving him-
self from death or grievous bodily harm arose. 1953-54, c. 51,
s.35.
A new trial was ordered, inter alia, on the basis that the trial Judge should
have charged the jury as to the application of this section in case the jury
was of the view that the accused had provoked an assault (either actual or
believed) by the victim: R. v. BOLYANTU (1975),29 C.C.C. (2d) 174 (Ont.
C.A.).
The "further conflict" in para. (c) merely refers to the conflict generated
by the initial assault or provocation offered by the accused. It is at that
point, not earlier, that the requirement of declining further conflict and
retreating, if feasible, arises: R. v. MERSON (1983), 4 C.C.c. (3d) 251
(B.C.C.A.).
.
.. -.------.
36. Provocation includes, for the purposes of sections 34 and 35, pro-
vocation by blows, words or gestures. 1953-54, c. 51, s. 36.
PREVENTING ASSAULT-Extent of justification.
37. (1) Everyone is justified in using force to defend himself or any
one under his protection from assault, if he uses no more force than is
necessary to prevent the assault or the repetition of it.
(2) Nothing in this section shall be deemed to justify the wilful
infliction of any hurt or mischief that is excessive, having regard to the
nature of the assault that the force used was intended to prevent. 1953-
54, c. 51, s. 37.
e) In accordance with Article III, Paragraph 12, parking payments
preceding month.
II Arrears
(a) Arrears are any amounts owed to the Co-operative that have
been received when due. This includes, but is not limited
housing charges, social activity fees, parking charges,
not
to,
and
charges levied against the co-operative as a result of a
authorized by the Board or Rental Arrears Committee to reduce
arrears.
issues of arrears policy or individual arrears cases, including
evictions.
219
By-law No. 20
Schedule "J"
tape only.
It is also that any sub-occupant must be a member of
the Co-operative.
217
To:
unit:
Address:
By-law No. 20
Schedule "H"
NOTICE TO QUIT
day of ,19, in the city of Toronto,
the day of 19
Per:
215
To:
unit:
Address:
By-law No. 20
Schedule "F"
NOTICE TO MEMBER
set for the
DATE:
TIME:
PLACE:
in the City of Toronto at which to consider a motion to
terminate your occupancy rights with respect to unit
at 96
or counselor both.
Dated this day of
________ , 19 __ _
Per:
213
7 The Sub-occupying Member agrees to sign an Agreement to
end of the term.
Dated At
_________________ , this
day 'of 19
Per:
Member
211
Schedule or any wear and tear to their room or
unit or the furnishings of the Co-operative.
209
the quiet enjoyment of .other members.
ing o r ~ o n the grounds.
animal iwastes.
8. city bylaws relating to smoking in public areas shall apply.
areas.
10. visitors of members may stay only under the conditions
extinguisher for reasons other than extinguishing a fire,
207
Whenever possible, the,unitmate will have the opportunity to choose
Apartment uriits
Priority onlthe external waiting list is determined by:
resident of a room has first option to renew the lease.
2. Date of application. Applications for September must
be received by the date determined by the Board to
maintain priority status as a returning member.
2. Out of province students may be given preference based
on direction of the Board.
Be it noted,that, contrary to any provision which is stated here
By-law No.1, paragraph 3, namely: "There shall be no political,
the Co-operative", shall'prevail and take precedence.
205
ILER, CAMPBELL
Barristers & Solicitors
2nd floor
160 John Street
Toronto, Ontario.
Canada M5V 2E5
(416) 598-0103
FAX: 598-3484
Charles Campbell
Brian TIer
Murray Klippenstein
Christine O'Neill
Gary Stein
Associated with:
Bruce D. Woodrow

FILE B.2233
Toronto, ontario M7A 2H6
,
Attention: Imants Abols
Legal Services Branch
'\ '3 '\99\
Dear Mr. Abols:
Re: Neill-Wycik co-operative College Inc.
Enactment of By-law No.20
Upon further review of the minutes of the Annual General Meeting
of the above co-operative, held on November 9, 1988, it is
apparent that, in fact, the minutes do reflect the approval-of
this by-law.
I enclose a copy of the motion summary. You will note that
motion numbers AGM-173 and AGM-174 refer to By-law 20 and
By-law 21. The error was that these references should have been
to sections 20' and 21 of By-law No.20, as proposed. If you refer
to sections 20 and 21 of proposed by-law, It will become
clear that the amendments were to those sections. Accordingly,
the next reference to AGM-175 is. the motion to pass By-law No.20,
and that motion was carried.
As a result, it is clear that notwithstanding the misnomer.of
sections 20 and 21 as By-laws 20 and 21, By-law No.20 was, in
fact, properly enacted by resolution AGM-175.
I trust this, at last, resolves this issue.
Yours truly,
ILER, CAMPBELL
Brian Iler
jkajenc.
cc: Hamner -
(ROY savia., -
\: DIF4pJ-e

Neill-Wycik co-operative College Inc.
Ministry of Financial Institutions,
Co-operatives Branch
UNBLEACHED RECYCLED PAPER
45. Subordination
paragraph 45(a).
46. Time
the duties of the Co-operative and its members.
termination of occupancy under paragraph 38, shall invalidate any
decision made, if there has been sUbstantial compliance with the
provision o ~ this By-law and if no injustice results. Any member
If any clause or provision of this By-law or any By-law of the Co-
member pursuant to this By-law, or constitute any cause or action
,
49. Policies
2.02
39. Right of Appeal
were because s/he was in default in the payment of
charges.
of the giving due notice thereof, which notice may be ten
meeting.
confirmed.
40. Legal
appears likely that the member will not so vacate, the Co-operative
may apply for a writ of Possession against the member. The Co-
member to the Co-operative.
200
34. No Profit
Notwithstanding section 23 of the Landlord and Tenant Act, the Co-
Article VIII
36. Notice Required
member's right to occupy his/her unit shall terminate at the end
of the notice period. For all members moving outside the Co-
operative, such notice will be in the form of Schedule (I).
notice, his/her obligations to the Co-operative shall end,
Article IX
reasons:
laws of the Co-operative.
use of their units contrary to paragraph 22 and/or Schedule "B" of
this By-law.
198
27. Damage by Fire
or casualty.
but the co-operative intends to repair the unit, then the member's
unit when it is repaired, unless in the meantime s/he has elected
(e) If any member loses his/her right to
paragraph, s/he shall have priority on the
until a suitable unit is offered to him/her.
be deleted from the list.
28. No Strangers
Article VII
occupancy under this
internal waiting list
Thereafter s/he shall
Persons under sixteen years of age may occupy apartment units as
part of a member's household. When any such person turns sixteen,
s/he shall apply for membership in the Co-operative, and if
196
Article IV
18. Budget
least 10 days prior to the meeting, and there should be delivered
paragraph 20.
shall take effect until at least fifty days after such change is
Article V
Use and Behaviour
deemed appropriate by the Board.
194
9. Payments
Article III
Maintenance Deposit
Parking charge
Additional charges whicn may be payable because of the member's
All payments shall be made in accordance with Schedule "K II -
10. Participation
(b) Each member shal'l unless excused by the Board, give a minimum
involvement (other than the maintenance 'responsibilities relating
paragraphs 23 through 28 of By-law No.1, and Article IV of this
Board may direct. The monthly housing charge shall include, but
Mortgage payments, municipal taxes, electricity, gas water and
192
5.14 Bylaw 20 - November 15, 1989 to Present
BY-LAW NO. 20
obligations of the co-operative and its members.
set out the terms on which'such accommodation will be provided and
Profit Co-operative Housing corporations are exempt from part IV
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
Article II
3. Membership
for membership in the The membership of such persons
earlier. '
190
II Arrears
(a) Arrears are any amounts owed to the Co-operative that have
been received when due. This includes, but is not,limited
housing charges, social activity fees, parking charges,
not
to,
and
charges levied again$t the Co-operative as a result of a
be paid by the member. In addition, the member will be con-
sidered to be in arrears until such time as the cheque is
authorized by the Board or Rental Arrears Committee to reduce
arrears.
ing evictions.
188
By-law No. 9
Schedule "J"
orary sub-occupancy rights for the Unit , for which I/we hold
tape only.
the Co-operative.
186
To:
unit:
Address:
By-law No. 9
Schedule "H"
NOTICE TO QUIT
day of ,19, in the city of Toronto,
the day of , 19 ____ .
Dated this day of
~ _________ , 19 __ __
Per:
184
To:
unit:
Address:
By-law No. 9
Schedule "F"
NOTICE TO MEMBER
;Resolutions of the Co-operative and/or of your occupancy agreement:
contrary of Paragraph __________ _ of By-law 9.
set for the
DATE:
TIME:
PLACE:
terminate your occupancy rights with respect to unit ______ _ at 96
or counselor both ..
Dated this
_______ day of
_______________ , 19 ____ __
Per:
182
Member remains in possession of the unit. .
end of the term.
Dated At
_________________ , this
day of
19 __
Per:
Member
180
By-law No. 9
Schedule "c"
MAINTENANCE POLICY
1. Each member shall maintain his/her unit in a reasonable state
of cleanliness at all times and shall comply with all
requirements and standards of health authorities and other
authorities respecting standards of cleanliness, maintenance
and safety.
3. No member shall make any alterations or improvements to
system, without the permission in writing of the Board of
Directors or it's designated committee. At the end of a
4. Each member shall report to the Co-operative promptly any
which comes to the knowledge of the member and which may cause
6. A member may paint their unit provided s/he uses paint
be painted is eligible for the paint to be supplied free.
safety procedures of the building, including insuring that no
fridges, stoves or hotplates in rooms or uriits. The Co-oper-
paragraph 9 of this By-law. The Co-operative may deduct money
from this deposit for unreturned keys, rooms or units left in
a dirty condition, damage as stated in section 2 of this
Schedule or any unreasonable wear and tear to their room or
unit or the furnishings of the Co-operative.
178
By-Law No. 9
Schedule "B"
tolerated.
is not tolerated.
tolerated.
weapons, including collector ',s or historical pieces, bows and
6. (a) Screens shall not- be removed from any window in the
building.
176
By-law No. 9
Schedule "A"
MEMBERSHIP POLICY
in accordance with Paragraph 10, By-law 9.
3. Member must conduct him/herself in accordance with Paragraph
"B", By-law 9.
in good standing" may affect his/her options in regards to lease
renewal and priority on internal waiting list for unit transfer.
In accordance with Paragraph 26, the Board's delegate shall
internal waiting list in accordance with the Membership Policy, but
the Board or its delegate may either depart from the order on the
internal waiting list or the external waiting list or give a
Board).
Furnished units
Requests for room transfers in the furnished units will be dealt
with according to:
1. Date'of Request
2. Gender
waiting list:
1. Gender
2. smoking versus non-smoking
3. Pets
174
rights to notice of any default or notice of foreclosure of other
legal action on any such ground lease or mortgage. The Co-operative
49. Time
Time shall be of the essence of this "By-law and the performance of
the duties of the co-operative and its members.
termination of occupancy under paragraph 39, shall invalidate any
decision made, if there has been sUbstantial compliance with the
provision of this By-law and if no injustice results. Any member
If any clause or provision of this By-law or any By-law of the Co-
member pursuant to this By-law, or constitute any cause or action
52. Policies
its standing committees, or the members from time to time dealing
172
confirmed.
appears likely that the member will not so vacate, the Co-operative
may apply for a writ of Possession against the member. The Co-
member to the Co-operative.
operative shall not re-enter or regain possession of .a unit, except
under the authority of a writ of Possession or other jUdicial
process.
42 . Abandonment
If any member abandons his/her unit, the Co-operative may enter
or costs resulting to the Co-operative shall be the responsibility
Article X
under Section 64 of the Co-operative corporations Act, s/he shall
170
Article IX
reasons:
laws of the co-operative.
use of their units contrary to Paragraph 23 and/or Schedule "B" of
this By-law.
Rules and Regulations of the Co-operative and the Board feels that
of occupancy.
capable of remedy,
( i v) setting out the time and place for the meeting to
terminated.
vote.
168
(e) If any member loses his/her right to occupancy under this
until a suitable unit is offered to him/her. Thereafter s/he shall
be deleted from the list.
29. No strangers
Article VII
Persons under sixteen years of age may occupy apartment units as
part of a member's household. When any such person turns sixteen,
s/he shall apply for membership in the Co-operative, and if
may continue to reside with his/her family and the members
31. Guests
No member shall have any guests in his/her room or unit, or in any
agreement.
33. No Assignment
No member may assign his/her right to occupy his/her unit.
166
Article V
Use and Behaviour
deemed appropriate by the Board.
The Rules and Regulations of the Co-operative are hereto attached
as Schedule "B". The Rules and Regulations of the Co-operative may
be amended from time to time by t h ~ Board of Directors to reflect
the specific needs and concerns of the Co-operative and its
members. They shall be observed by all members and the Co-
operative. Failure to comply may result in termination and/or non-
renewal of occupancy rights.
24. Privacy-
subparagraph (b).
delivery.
wi th respect to his unit and the common elements of the Co-
operative as set out in the Maintenance Policy attached to this By-
law as Schedule "C".
164
Board may direct. The monthly housing charge shall include, but
Mortgage payments, municipal taxes, electricity, gas water and
only, co-operative administration, repairs and maintenance,
12. Parking Charge
Arrears Policy.
and does not owe any money to the Co-operative. otherwise, the
with the difference or pay the difference to each member. The
in accordance with By-law No.1, Paragraph 4.
being assessed as a Separate School Supporter, there shall be a
the member's unit.
162
2. Meaning of Room
Article II
co-operative's Relationship with Members
3 . Membership
earlier.
occupancy agreement and make all payments required by the By-laws.
members shall be those set out in the Charter, By-Iaws,Rules and
member has signed an occupancy agreement).
6. Priority
operative and any By-laws, resolutions, or policies previously
with this By-law.
160
housing charges, social. activity fees, parking charges, and
damage deposits.
order or cash for the balance of the lease.
ing evictions.
David L.A. Gordon
President
158
Andrew B. Coles
Secretary
By-law No. 9
Schedule "K"
Reguest to Grant Temporary Sub-Occupancy Rights
mentioned herein.
to the College an administration fee of $ ________ _
tape only.
Membership Committee for such occupancy. .
156
By-law No. 9
agrees to fulfil.
19
month day year
new occupant.
Accepted by Neill-Wycik Co-operative college, Inc.
Per:
date received
154
Member(s) :
unit:
By-law No. 9
Schedule "G"
Occupancy Rights
provisions of paragraph 4_0 of By-law No. 9 of the College;
the Notice; or
breach;
unamended.
Per
152
By-law No. 9
Schedule "E"
"College", and
______ --!... __________ , herein referred to as the "sub-
19
Dated this day of
_________ , 19 ____ .
Per:
150
...
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
19
Member directly to the College. at its office monthly in advance by
cheque.
148
except on occasion.
remain.
of the building.
to this document.
146
By-Law No. 9
Schedule "B"
outside world.
to inform.
Society's laws and
1. Violence toward, and intimidation of a member, employee,
2. ~ h e deliberate destruction or damage of the College's pro-
tolerated.
144
By-law.
breach or default.
55. Policies
and Regulations shall be considered a part of this B y ~ l a w . If at
President secretary
President secretary
142
'appears likely that the member will not so vacate, the College may
College.
44. Abandonment
abandoning member.
Article X
45. No withdrawal Without Terminating Occupancy
the Co-operative Corporations Act, he shall be deemed to have g i v ~ n
~ r i t of Possession and take such other proceedings as the Board
provisions of paragraphs 40 and 41. .
(a) N6 member may terminate his occupancy rights in the College
of intention to withdraw from membership under Section 64 of The
140
Article IX
Policy.
occupancy.
capable of remedy,
terminated.
vote.
138
paragraph, he shall have priority on the . internal waiting list
29. No strangers
Article VII
31. Guests
32. Roomers. Boarders. Etc.
33. No Assignment
his unit.
136
24. Privacy
each unit on twenty-four hours wri tten notice for a regular
delivery.
or negligent conduct or that'of persons permitted on the property
Schedule "C".
134
the member's unit.
pay such taxes, charges or expenses to the College on demand. such
Article IV
committee thereof.
18. Budget
132
6. Priority
9. Payments
Article III
130
meeting of members this 9th day of March, 1983.
128
damage deposits.
order, or cash.
ing evictions.
David L.A. Gordon
President
126
Andrew B. Coles
Secretary
By-law No. 9
Schedule "K"
absence will not extend past the period of expiration of the L e a ~ e
mentioned herein.
tape only.
124
By-law No. 9
agrees to fulfil.
19
month day year
new occupant.
Per.:
date received
122
Member(s) :
unit:
By-law No. 9
Schedule "G"
~ o a r d of Directors Resolution Terminating
Occupancy Rights
the Notice; or
breach;
unamended.
Per ______________________________ _
120
By-law No. 9
Schedule "E"
"College", and
herein referred to as the "sub-
19 __
Dated this day of
_________________ , 19 ____ .
Per:
118
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
19 __ __
3. The sub-occupying member agrees with the Member and the
the Articles,By-laws, Rules and Regulations and Policies of the
cheque.
4. The Member agrees with the College that he shall remain'fully
116
except on occasion.
12. visi tors may stay in a member' s unit only under the
(i) The of unit mate(s) for the guest to occupy the
remain.
of the building.
to this document.
114
By-Law No. 9
Schedule "B"
outside world.
to inform.
Society's laws and
tolerated.
112
By-law.
particular breach or default, shall o p ~ r a t e to prevent the College
breach or default.
55. Policies
President secretary
President secretary
110
resolution confirming or c h a n ~ i n g the decision of the Board, or if
College.
44. Abandonment
If any member abandons his unit,
and allot it to another member, or
resulting to the College shall
abandoning member.
the College may enter the unit
rent it, and any losses or costs
be the responsibility of the
Article X
108
Article IX
(a) The member is in default of or has been repeatedly ,late in
Policy.
occupancy.
unless written notice has been delivered t9 the member's unit at
capable of remedy,
terminated.
vote.
106
29. No strangers
Article VII
When a unit has been allocated to a member or members, no person,
31. Guests
33. No Assignment
his unit.
104
24. Privacy
delivery.
Schedule "C".
102
month I s housing charges may be applied to the last month of
difference or pay the difference to each member. The final month IS
being assess as a Separate school Supporter, there shall be a
the member's unit.
Article IV
committee thereof.
18. Budget
100
6. Priority
respecting o6cupancy, except in accordance with this By-law.
9. Payments
Article III
98
College this 2nd day of November, 1982.
96
damage deposits.
order, or cash.
ing evictions.
David L.A. Gordon
President
94
Andrew B. Coles
Secretary
By-law No. 9
Schedule "K"
I/We that the granting of said temporary sub-occupancy
rights in no way relieves mejus of our responsibilities of my/our
mentioned herein.
tape only.
above, on behalf of Neill-Wycik Co-operative college, Inc.
92
By-law No. 9
agrees to fulfil.
______________ , 19
month day year
new occupant.
Per:
date received
90
Member (s) :
unit:
By-law No. 9
Schedule "G"
Board of Directors Resolution Terminating.
Occupancy Rights
the Notice; or
breach;
Directors of Neill-Wycik co-operative College, Inc. passed the
unamended.
Per
88
By-law No. 9
Schedule "E"
Re: Sub-occupancy of Unit
"College", and
___ ---:-____________ , herein referred to as the "sub-
respect to the premises known as unit , 96 Gerrard
______________ , 19 __
Dated this day of
______________ , 19 __
Per:
86
BETWEEN:
-and-
-and-
By-law No. 9
Schedule "D"
the sUb-occupying member as occupant of the unit for a term of
19
3 . The sUb-occupying member agrees with the Member and the
obligations of the Member under the Member '.s Occupancy Agreement,
cheque.
5. The sUb-occupying Member agrees to terminate his occupancy
84
except on occasion.
12 . Visi tors may stay in a member's unit only under the
uni t is obtained in advance of the guest being invited to
remain.
of the building.
to this document.
82
By-Law No. 9
Schedule "B"
outside world.
differ, t h e r e ~ o r e , definitions, as discovered through the exper-
to inform.
Society's laws and
tolerated.
80
By-law.
breach or default.
55. Policies
Policies or Rules and Regulations referred to in this By-law is not
President secretary
President secretary
78
College.
44. Abandonment
abandoning member.
Article X
76
Article IX
paragraph 8 of this By-law. I
Policy.
obligations under this By...:law or any of the Charter, By-laws or
occupancy.
(i) specify the breach"or default complained of,
capable of remedy,
terminated.
vote.
74
29. No strangers
Article VII
31. Guests
permission is refused, the guest(s) shall cease to oC,cupy the room
33. No Assignment
his unit.
72
24. Privacy
each unit on twenty-four hours' written notice for a regular
policy or appraisal of the college property, or for such other
delivery.
Schedule "C".
70
an amount equal to his final month'-s housing charge. The final
set off by 'the College against any sum due to it from the member.
the member's unit.
,Article IV
committee thereof.
18. Budget
68
6. Priority
9. Payments
Article III
66
Defeated by Members
February 17, 1982 (B82-073)
March 3, 1982
would have amended Paragraph 10 (b) to require one hour of
service to the co-op per week for each member
BYLAW NO. 15
Inc.
1. Article III, Paragraph 10(b) shall be amended to read:
Each member shall, unless excused by the Board, give a
minimum of the equivalent of one hour per week service
to the College, choosing his own area of involvement
(other than the maintenance responsibilities relating to
his own unit). Requirements of this paragraph shall be
set out as a policy and attached to this Bylaw as a
schedule.
David L.A. Gordon
President
64
Andrew B. Coles
Secretary
Approved by Members
February 17, 1982 (B82-072)
February 24, 1982 (B82-081)
March 3, 1982 (G82-006)
appends the payment and Arrears Policy to Bylaw 9 as Schedule
"L"
BYLAW NO. 14
A bylaw to amend Bylaw No. 9 of Neill-Wycik co-operative College,
Inc.
1. To adopt the following as a Policy of Neill-Wycik Co-operative
College, Inc., and to amend Bylaw No.9 by the inclusion of
the following as Schedule "L".
ensuring proper collection of arrears, the following pol icy is
I Payments
month.
immediately.
62
Approved by Members
February 17, 1982 (B82-071)
March 3, 1982 (G82-005)
amends Schedule B, paragraph 8, regarding the presence of pets
in the building
BYLAW NO. 13
Inc.
(hereinafter called "The College") as follows: .
1. Paragraph 8 of Schedule "B" of Bylaw No. 9 shall be amended
to read:
"The introduction of pets into the College is allowed only
large dogs.
Committee.
60
By-law No. 9
This is an agreement between Neill-Wycik Co-operative College Inc. ,
unit on , 19 __ .
month day year
2. continued p a y m ~ n t of the housing charges for my present unit
Agreement.
new occupant.
member unit date
Per:
date received
58
To:
Unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
day of , 19 ____ 0
Per:
56
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
contrary of Paragraph __________ __
of By-law 9.
set for the day of , 19____ at
respect to unit
Toronto.
at 96 Gerrard Street East, in the city of
or counselor both.
Datedthis day of
____________ , 19 __ __
Per:
54
By-law No. 9
Schedule "c"
Maintenance Policy
Since the College is based on the principle of mutual responsibi-
Board.
50
the term.
Dated At
_____________________ , this
day of
__________ , 19 ___ .
Per:
Member
52
building.
building.
cats and dogs.
(vii) Cats and dogs must be neutered or spayed, as
appropriate, at the proper age.
the grounds.
garbage chute.
except on occasion.
12. visi tors may stay in a member's unit only under the
remain.
of the building.
48
By-law No. 9
Schedule "A"
Membership Policy
Neill-Wycik co-operative College, Inc., (herein called the
programmes; and
of the college and otherwise complementing the functions and
possible.
as expressed by the 1966 Congress of the International co-operative
1977.
46
47. Abandonment
notice of 'intention to withdraw from membership in the College on
50. Subordination
(b) The college and each and every officer and future officer
52. Time
44
resolution terminating-his occupancy rights shall be of no further
force or effect.
42. Right of Appeal
42
34. Sub-Occupancy
to the college a Sub-Occupancy Agreement, in the form attached
35. No Profit
sUbletting in accordance with paragraph 34. No member may charge
any any amount greater than the charge payable by a
property of the college.
Notwithstanding Section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Required
within the college, notice will be in the form of Schedule (J).
40
Article VI
the Membership Pol icy, but the Membership Committee may either
28. Damage by Fire
or casualty.
another unit.
38
paragraph 20.
Article V
Use and Behaviour
College.
22. Nuisance
qny illegal acts to be committed within the unit or on the common
36
occupancy)
Damage Deposit
Parking charge
Pet Damage Deposit
Addi tional charges which may be payable because of the
10. participation
(b) The monthly housing charge shall not.include the following
Board may direct.
34
BY-LAW NO. 9
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
Article II
3 . Membership
set forth in the Membership Policy attached hereto as Schedule "All
32
Approved by Members
?
November 12, 1980 (G80-00S)
adds damage deposit and pet damage deposit to list of charges
payable by members
adds Rule 7b, prohibiting the throwing of objects from the
building
adds restriction against possession of firearms in the
building
includes dogs in requirement for neutering or spaying
BYLAW NO. 12
Inc.
1. Article III, Paragraph 9 of Bylaw 9 shall be amended to read:
occupancy)
Parking Charge
of his obligations under this Bylaw.
2. Schedule "B" of Bylaw No.9 shall be amended to read:
"(a) Screens shall not be removed from any window in the
building.
(b) Objects shall not be thrown out of any window in
the building, or from the roof of the building."
(b) Paragraph 6 of the schedule shall be amended to read:
"(a) No member, guest, or employee of the College shall
bring into or cause to be brought into the building, or
possess in the building or on the grounds, or use in the
building ore on the grounds, any fire arms or restricted
weapons.
(b) The use of any obj ect as a weapon is not permitted."
(c) Paragraph 8 section (vii) of the schedule shall be
amended to read:
"Cats and dogs must be neutered or spayed, as
appropriate, at the proper age."
30
By-law No. 9
unit on , 19 __ .
month day year
Agreement.
new occupant.
member unit date
Per:
date received
28
To:
Unit:
Address:
By-law No. 9
Schedule "H"
Notice to Quit
the
qccupancy rights in the College were terminated effective on the
day of , 19 ____
Per:
26
To:
unit:
Address:
By-law No. 9
Schedule "F"
Notice to Member
set for the day of , 19 __ at
respect to unit
Toronto.
at 96 Gerrard Street East, in the City of
or counselor both.
Dated this
___ day of
______ , 19 __
Per:
24
shall the Occupancy rights of the Sub-occupying Member., No such
the term.
__________ , 19 ___ .
Per:
Member
22
By-law No. 9
Schedule "C"
Maintenance Policy
Since the College is based on the principle of mutual responsibi-
largest asset is the building which houses the maj ori ty of its
(c) specific requirements for the upkeep of the areas mentioned
Board.
20
into, or cause to be brought into the building, or use while
in the building or on the grounds, or use while in the
weapons.
7. Screens shall not be removed from any window in the building.
building.
cats and dogs.
(vii) Cats must be neutered or spayed, as appropriate, at the
proper age.
the grounds.
garbage chute.
11. consumption of alcoholic beverages is not allowed in the main
except on occasion.
remain.
of the building.
18
By-law No. 9
Schedule "A"
Membership Policy
programmes; and
possible.
1977.
16
47. Abandonment
50. Subordination
52. Time
14
force or effect.
42. Right of Appeal
terminated may appear with or without cpunsel and may make
12
his unit.
34. Sub-Occupancy
35. No Profit
Notwi thstanding section 23 of the Landlord and Tenant Act, the
Article VIII
37. Notice Required
10
Article VI
28. Damage by Fire
casualty and such damage is minor, t h ~ unit shall be repaired by
or casualty.
another unit.
8
18. Budget
paragraph 20.
Article V
Use and Behaviour
College.
22. Nuisance
commi t or permit any nuisance or any noise or disturbance that
6
Article III
9. Payments
occupancy)
Parking charge
10. Participation
standing committees. .
4
S. BYLAW 9/20 AND AMENDING BYLAWS
5.1 Original Bylaw 9 - November 14, 1979 to November 12, 1980
Approved by Members
August 29, 1979
November 14, 1979
BY-LAW NO. 9
Be it enacted as a By-law of Neill-Wycik co-operative College Inc.,
1. Meaning of unit
Article I
Definitions
2. Meaning of Room
Article II
3. Membership
2
4.2 Bylaw 4 as Amended by Bylaw 11
Approved by Members
?
November 12, 1980
amends paragraph 1 by inclusion of the Vice-President on the
committee
BYLAW NO. 11
A Bylaw to amend Bylaw No. 4 of Neill-Wycik Co-operative College.
(hereinafter called liThe College") as follows:
1. Paragraph 1 of Bylaw No. 4 shall be amended in part to read:
" ... During intervals between meetings of the Board of
Directors the affairs of the College shall be managed by an
Executive Committee of four Directors, consisting of the
President, Vice-President, secretary and Treasurer of the
College ... "
Richard C. Halford
President
Frederick P. Malin
secretary
.... -
I'
>
BY-U\W NO.2
.,BE IT Ei.-JACTED by the Directors of Neill-Wycik Co-operative College Inc.
as a By-law of the said College as follCMS:
+he Directors of the College may from tiIoo to time:
a) EorrcM rroney upon the credit of '\:he College in such aIOOunts and upon
such tenrs as may be Cleared necessary;
q) issue bends, debentures, debenture stock or other securities of the College
for its lawful purposes, for such anounts and upon such tenns as may .be
deerred expedient and pl-edge or sell the sarre for such sum and at such prices
as the Directors shall detenmine;
c) Hypothecate, rco::tgage, charge or pledge all or any of the real and personal,
rroveabl-e or i.rmoveLlble, property undertaking and rights of the College,' present
or future, to secure any such bonds, debentures, debenture stock or other securities
or any rroney }:x)rro.-ved or any other of the College;
d) l)elegate to such one or nore of the otticers and Directors of the College as
may be designated by the Directors al.l. Q:J;' any of the powers conferred by
the foregoing clauses of this By-law to eiuch exte,nt and in such manner as the
Directors shall determine at the time of each such delegation;
e) Give indemnities to any Director or other person who has undertaken or is
about to undertake any liability on of the College, and to secure such
Director or other person against loss Pyt'glving him a nprtgage or charge upon
the whole or any part of the or property of the College.
PASSED by the Directors and sealed by the College's seal, the 22nd day of
r April, 1970 .
. t
BY-lAW NO. 4
BE IT as a by-law of Neill-Wycik Co-operative College Inc. as follows:
1. Durlng the intervals between the 1reetings of the Board of Directors, the
affairs of the College shall be manageq Py an Executive Coomittee Of three
Directors oonsisting of the president, the Secretary and the Treasurer of the
College. The Executive Ccmni ttee shall possess and may exercise (subject to I
any regul.ations which the Directors may frcrn tin'e to time :i..:npqse) all the )?ONere
of the Board of Directors in the management and direction of the affairs of the
College (save and except only such acts as must by law be perfonred by the
Directors themselves) in such manner as the Executive Camrl.ttee shall deem best
for the interest of the College in all cases in which specific directionq shall
not have been given by the Board of Directors.
2. SubJect to any regulations imposed t:i.Ioo to t.ime by the Board of Directors,
the Executive carmi ttee shall have the pcMer to fix its quortlIll at not less than
a majority of lts menbers and may fix its <MIl rules of procedure fran ti:rre to time.
3. Meetings of the Executive Ccmnittee may be held at the head office of the
College or at any other place in or outsiCie of Ontario. '!he Executive Crn.mittee
shall keep minutes of its Ireetings in which shall be recorded all action taken by
it, which minutes shall be su1::mitted as soon as practicable to the Board of
Directors.
( ENACTED AND PASSED by the Dire.ctors the 22nd day of 1970.
, [
" ,.
(
RJRJIATla:m
38. 'lhe Doard, in the interest of the nenbership, IMY pJ:efJoribe
Regulatioos not inconsistent with the by-laws mlating to
the nanagemmt and operat.io11 of the College and may amen4 or
suspend such
Books and Records
39. b Directors shall see that all neoessaxy books ard mcotds
of the College xequiJ:ed by' the by-lilws of tlle Q)llege or by
law are regularly and p:r:oper1y kept. '
40. In these by-1ClWS and in all other by-laws of tlle College
hel:eafter passed unless the context othe:.:wise words
the singular nu:lber of the maeculin:t genCler shall
incl\Xle the plural nlJ1'ber or the fan:i.nine gender, as the
case may and .vice versa. .".
41. All remrds may be kept in either Fnmch or English but
need not be kept in both. Either language Jnay be used in
arrt College matters. '.
ELw:TID &>ID PASSED by the Oimctora, the 22nd Day of April,
1970 and as anended by by-J.a.Is 3 passed the 22nd day of
April 1970 and by-law lb. 5, tlle 24th day of Octer 1973,
and by by-law No. 6 passed the 13th day, ibVet1ber 1974 and
by by-laws 7 passed the 9th day of l.:M3IIber 1977, and
by-law i.la. 8, b"le 15th day of I.loveuber, 1970.
28. Thenoard shall, upon requisition in
writing, by not less than o:e the of the College,
which requisition shall state the naturo of the ,business to
be presented at the reeting, requisit:l.on' a general Jmeting of the
IOOILOE!.l'B of the College in acccu:danco with the requix:emant of notice
in 25 p I:e l:1'IQ lilO"r,d Qf. c:1.rnDa not, within twenty-one
days fmn tho dab) of the which \'1ao l."Cce;l.wd, proceed to
call general nl1::,)!!ltj.ng of th(! mMnber.s of the Collol!aq0, then not lelm
than one--benth of the tht\\'tISel ves nay call a general me.eting
in accordance w:i.th the for notice in ?5,
whicll nlleting shall b<3 hold within sixty days from tho date the
requisition was receive..:.'. "
, ;. i C", hJ
29. I1:ach 0:1; '<l!?l].ege ahall at all annual or general
rooetings ot the members be ,er:l'eitled to one vote. At all annual or
general maet,i"ngs every question shall be,dElcided '.:ly the majority of
the VO'OO3 of the p:&sent otherwise required by the
By-Laws of the College or bY li'ltAT 0' .
.., , 0.
30. 'lhe fiscal year of the college shall ter.minate on the Sunday
preceding I.Jabour Day, efj:eotive Septsilber 3, 1!l7B,.
31. Do:r.raJ1ing Pa1ers: 'j."he D:b:ec1:ors may from tiIre td time:
a) or pledge' of the COllege,
b) m:mey on the cteW.t of the College, .
c) char<J0, mortgage, hyt:h?cate or pledge nIl at arrJ of the
real prof:::'ty or persorlal property of the College including
book Uebts, rights, powers, frandl.i.ses and undertaking, to
secum any FJecurities, or any noney' borrow-ed, or any other
debt, or any other obligatio:- or liability of the College.
Fram to tine the Directo:r.n rray authci'ize any dffider or
employee of .the College or any other penon to make arrangements with
reference to the monies borrowed or to be borrowed as aforesaid and
as to the terms and condi.tiol'ls of the loan thereof, and as to ,the
to be given therefoX', with pater to vary or rtCdify such
arrangeroonts, te.tmsa rul condi'tians and to give such additional securities
for any borrC"ATed or remaining due by the College as the Directors
may authorize, and generally 1:0 manage, transact, and settle by
borrowing of nm9Y by thta College. . .
32. a) Reserve Fund: The Board shall, at its discretion, allocate
such arrount as it deems fit at the end of eadl year tatard a :reserve
knolJIl as the contingency to take care of unexpecteCl expenses.
b) Afr..l surplus arising from the business of the Coll91)e in each
Such reserve shall not be paid or in any way distributed to the IOOrtDe:.:s,
but shall be applied for such P'l.1.IpOS9S as are not inconsistent wIth the
Letters Patent as Cl..'rellded. 'l'he College may invest all or part of
the reserve fund in such investm;:mts as it thinks fit from time to
t:ire, deal with and vary such investrr.ents and dispose of all or part
thereof for the benefit of the Cqllege.

lq. Dutia!!J of the General jlfMager: 'J.'he Joar<l may delegate to the
general Har}B.ger such power anu authority to manage and direct th\3
affairs of the COllege (except 60011 ; matters as must by 11lll'1 be
dealt with by the Hoard or Qy thcman"bers in general xreeting) .. aOO
to discharge and of the as the l30ard
dc,$irable 0 'l'lle General oonform to all
lawful orderS giVen to h;lm by the Dbahl and giVe tQ tile.
Directomor any of tnem all they may relUire
the affairs of COllgeo Arij or, euployee appoint.ed. by
the General ltanager shall be subject to'disCharge by J30ard.
'1IDt.TCA'.l.'Ib,;S CDTrrrra;
20. 'lhere !:hall be an Education COItrnittee whose <x>nstitution and
duties' shall be outlined in the regW.ations. SubJect: to the
regulations all nanbers of the COilege shall be entiUed t!o
participate in the eUueational '111e, Cdmlittee shall be
entitled to }?e:rMit such who are not m;r.DerS of the College
to participate in the eq,ucationAl prograr.oo a.s it Shall fron t:iroo
to tine Ueem fit. "'L ,
21. '1'ha doard may frora to tL-m su:m as
in tho opinion of the Dbard, are rieoossary tb administer the affairs
of the College.
22. 'The constitution, duties and functions fo all cormi ttees
shall be fran tima to t.irx:l by :regulation.
23. In addition to such other ocm:n:i.ttees as the Board may establish,
there shall be the follCMing oomnittees:
(i) i1ectlership CooIbittee
(ii) lbuse camrl.ttee
(iii) lJanagarent Coornit'b:."'O
(iv) Education Ccmnittee
NBETINGS '
24. '.rhe annual or any other general lOOeting of the narbers of the
College shall [Je held at the head of the College or el.salhere
in Ontario as the :doard of Directors nay detenuine and on such day
as the said Directors shall appoint. '1he Annual ?leeting shall be
held in the nunth of on such day as said Directors
shall ppoint, said day to be within 15 (fifteen) days after a
regt.larly scheduled rceeting of the Board of Direators.
"
10. (.Itions at mw (pirecoors Sholl 00
by a majority of In a casQ oJ! an equality of
votes, th", ChaixlMn, in addition to his original vote, shall have
a seoond or casting vote. All at any maeting shall be
taken by ballot on by arrj' Director present, but if no
be made,. the VQ.te)shall be in th9 usual way by
asseht or, A d,aclaratioo by the Chainran that a :resolutioo
has been carried and an entrY indicatirlg the nur:rbai:' of
and dissents and abstentions in the Hiriutes sMll be admissable as
pr.ima fac!SJ proof of, the faot. If so demanded by any, director
presetlt, the vote shall be recorded, in the Hinutes inClicating
the n,aIl'eS of the Directors present and the manner in whiqh each
Dirc1ctor voted on a particular i tern. '!'he right to a secret
on dam:md by a Director shall at all tines take precedence.
In the abse-.nce of tl1.e his duties may ba perfoxmad by
the. Vice-PresideIit or such pirector as the l30ard may fran 1:i1"re
to ti.nla apPoint for sUCh . '.
11. Powers: The of the I(lAy administer the
affaixs of the COllege all thinc;is and'lY!ake or cause to he made
for th-e Coliege, in itS anY Jq.nd 0:1: contract which the
College, may lawfully enter into, anl sa-va as
provided, generally, J.\1ay' eieJ:cise all s1:(oh other pcMerS and do
such other acts and thingS as the College i.C3 Py its charter Qr
othendse. authorized to al1d
.,
(b) '!he Directors of thG CollGge shall be responSible fpr ean:ying
on the educational. Pro;Jram of the College and sha:il approve an
. Educat;.io:q Cclmrl.ttee to assist ther., to this end,
12. Renuneration: TllEl Directors shall mooi VG no rermmeration for
acting as such. .
13. Liability: iJo Di:r:ector or officer of the COllege shall be liable
for the acts, receipt, neglects or defaults of any other Dimctor
or officer, or for art.! loss of elcperlSe happening to the College
tlu:ou;Jh the insufficiency of deficiency of title to any property
acxJUired by order of the Board for or on behalf of i:l1e COllege or
for the insufficiency or deficiency of any security in or upon
whidl any of the nonies of the College shall be :invested, or for
art.! loss or damage arising fran the bankruptcy, insolvency, or
tortious act of any person with 'timan any of the ronies, securities
or effects of the COllege shall be deposited, or for any loss
occasioned py any error of judgenent or overSight on pis part,
or for 'arr:/ other loss, damage, misfortune whatever 'mch $all
happen in the execution of the duties of his office or in
relation thereto unless the' sane shall happen t:lu;"OUgll lrls CMl1
dishonesty, except as otheJ:Wise provideq py law. .
14. Indemnity: EveIy Director or officer of the College and his heirs,
executo:rs and adminstrators, and estate and effects respectively
shall fran t.i.Ire to tine, and at all times, be indemnified and
saved haJ:mless out of the ftmds of the College, froll and agaj,.nst:
(a) All costs and chaJ:ges and expenses 'Whatsoever whidl such
Director or officer sustains or incurs in or abotlt"EInY action,
suitor proceecling which is brou<-Jht, ca.rmenced or prosecuted against
him, for or in respect of any deed, ,act, matter or thing whatsoever
made,. done or pemitted by him, in or about the execution of
the duties of his officeJ
(b) All other costs charges and expenses which he sustains
or incurs in or about or in relation to affairs' tl1.er:eof,
moc:ept such oosts, . chargea or expenses as are occasioned by his
am wilful or .
5. (a) (iii) 'l11e notice shall be served on the trember at a
reasonable time prior to th.e meeting, but no less than
five (5) days pr:i.or to the rreeting, except in cases of
emargency. ...btj.ce respecting the breach may be in Fo:on 1
attached hareto.
(1 v) At the if the breach has not beeen remadied in
accordance with the notice, by mnjority vote of the maeting
the Occupancy Rights, (but not tlle rIembership) of the nenber
may be tenninated effecti va at a reasonable date after the
meeting, but not norm"111y less tl1aIl tf'...n (la) days after the
rreeting.
(v) If the Occupancy Rights are tenllinated, a Notice to Quit
specifying the day of te,nnination shall be served on the
IIeriber, or left at the unit, bro days following the n-eeting.
'1he may De in Fonn 2 attacheu horeto.
- -
(vi) If the m:mber fails to vacate in accordance with the
Notice, the College ma.y al)ply for a :nit of Possession against
the marrber and take such other action to recover possession
as it may deem appropriate.
(i) Noon of the goodS and cha1:tels of any nElmer shall be
subject to levy by distress for curears of rent or housing
charges or other charges m..nng or default under an occu:?ancy
Agreement and tile college ffila11 not have any right of
distress in any circumstances.
(ii) Unless a rrember consents, or abandons his unit, the
College shall not re-enter or r6{Jain possession of the unit
except under the al1thori ty of a r(ri t of Possession or other
- judicial process 0
(iii) the provisions of SectiOn 18(1) of the
Landlord and Tenant Act, R.S.O. 11)70 ch. 236 the College shall
have no right to tenn.:i.nate Occupancy Rights or to re-enter
the unit unless the provisions of its By-Laws have been
adhered to.
(iv) iJo merrber may assign, sublet, underlet, or part with
possession of his unit except in accordance with the Articles,
Rules and Regulations, or his Occupancy Agreerocmt, without
consent of the College.
(v) llob.'lithstanding anything contained in the Articles, lly-LC!:>JS
Rules and Regulations, or any Occupancy Agreem:mt of the College,
in the event of default only Occupancy Ilights shall be
tenninated initially and tilO trorrber
l
s status en<i->rights as
a manner, other than his- right to occupy, shall remain in
full force and effect.
(c) Tennination of Membership:
Tennination of mambership shall be persuant to Sections 64
(by the zrenber) and 66 (by the College) of 'me Co-operative
Corporations Act.
power from time to time by resolution to appoint any officer
or officers, person or persons, on behalf of the College either to
to sign specific contracts, documents or instruments in writing.
35. Cheques, etc.
for the payment of
issued in the name
All cheques, bills of exchange or other orders
money, notes or other evidences of indebtedness
of the College, shall be signed by such officer
or officers, agent or agents of the College and in such manner as
shall from time to time be determined by resolution of the Board
and anyone of such officers or agents may alone endorse notes and
drafts for collection on account of the College through its bankers,
and endorse notes and cheques for deposit with the College's bankers
for the credit of the College, or the same may be endorsed "for
collection" or "for deposit" with the bankers of the College by
using the College's rubber stamp for the purpose. Anyone of such
officers or agents so appointed may arrange, settle, balance and
certify all books and accounts between the College and the College's
bankers and may receive all paid cheques and vouchers and sign all
the bank's forms or settlement of balances and release or verification
slips.
36. Deposit of Securities for Safekeeping. The securities of the
College shall be deposited for safekeeping with one or more bankers,
signed by such officer or officers, agent or agents, of the
College and in such manner, as shall from time to time be determined
by resolution of the Board and such authority may be general or
acting in accordance with the directions of the Board and shall in
no event be liable for the due application of the securities so
withdrawn from deposit or the proceeds thereof.
REGULATIONS
such Regulations.
general meeting of members shall consist of not less than ten
per cent of the total College membership. If, at any general
meeting of the College, a quorum is not present, within the:
time determined at the discretion of the Chairman following
the hour for which the meeting is called, the Chairman shall
adjourn the meeting to a date not less than twelve days there-
after and no more than fifteen days thereafter and the decision
of the said adjourned meeting shall be binding upon the College
regardless of the number of members present. For general
meetings other than the annual meeting the Chairman may cancel
the general meeting rather than adjourning it to a later date.
Notice shall be provided as in paragraph 24.
26. Errors in Notice. No error or omission in giving notice
of any annual or general meeting of the members of the College
shall invalidate such meeting or make void any proceedings
taken or had thereat and any member may at any,time waive no-
tice of any such meeting and may ratify, approve and confirm
any or all proceedings taken or had therat.
27. Requisition of Meetings. The Board shall, upon requisi-
tion in writing, signed by not less than one-tenth of the mem-
bers of the College, which requisition shall state the general
nature of the business to be presented at the meeting, re-
quisition a general meeting of the members of the College in
accordance with the requirement of notice in paragraph 24. If
the Board of Directors does not, within twenty-one days from
the date of the requisition which was received, proceed to
call a general meeting of the members of the College, then
not less than one-tenth of the members themselves may call a
general meeting in accordance with the requirements for notice
in paragraph 24, which meeting shall be held within sixty
days from the date the requisition was received.
28. Voting. Each member of the College shall at all annual
or general meetings of the members be entitled to one vote.
At all annual or general meetings every question shall be de-
cided by the majority of the votes of the members present un-
less otherwise required by the By-laws of the College, or by
law.
FINANCE
29. Fiscal Year. The fiscal year of the College shall t e r ~
minate on the Sunday preceding Labour Day, effective September
3, 1978.
16. Duties of the President and Vice-President. The President, shall,
when present, preside at all meetings of the members of the College
and of the Board of Directors. The President shall also be charged
with the general management and supervision of the affairs and operations
of the College. The President with the Secretary or other officer
appointed by the Board for the purpose shall sign all by-laws and
membership certificates. During the absence or inability of the
President, his duties and powers may be exercised by the Vice-President,
and if the Vice-President, or such other Directors as the Board may
from time to time appoint for the purpose, exercises any such duty or
power, the absence of inability of the President shall be presumed
with reference thereto.
of the Board of Directors. He shall attend all meetings of the Board
of Directors and record all facts and minutes of all proceedings
in the books kept for that purpose. He shall give all notices
required to be given to members and to Directors . He shall be the
custodian of the seal of the College and of all books, papers,
records, correspondence, contracts and all other documents belonging
to the College which he shall deliver up only when authorized by
a resolution of the Board of Directors to do so and to such person
or persons as may be named in the resolution perform
such other duties as may from time to time be determined by the
Board of Directors.
18. Duties of Treasurer. The Treasurer, or person performing the
usual duties of a Treasurer, shall keep full and accurate accounts
all receipts and disbursements of the College in proper books of
account and shall deposit alL:monies or other valuable effects in
the name and to the credit of the College in such banks or bank
as may from time to time be designated by the Board of Directors.
He shall disburse the funds of the College under the direction of
the Board of Directors, taking proper vouchers therefor and shall
render to the Board of Directors at the regular meetings thereof
or whenever required of an account of all his transactions as
Treasurer, and of the financial position of the College. He shall also
perform such other duties as may from time to time be determined by
with by the Board or by the. members in general meeting) and to discharge
agents and employees of the College as the Board considers desirable.
The General Manager shall conform to all lawful orders given to him
by the Board and shall give to the Directors or any of them all in-
formation they may require regarding the affairs of the College. Any
agent or employee appointed by the General Manager shall be subject
to discharge by the Board.
7. Vacancies. Vacancies on the Board of Directors, however,caused,
may so long as a quorum of Directors remain in office, be filled by
the Directors from among the qualified members of the College, if they
shall see fit to do so, until such vacancy shall be filled at the next
election or by-election, said by-elections to be held at the discretion
of the Board, but if there is not quorum of Directors, the remaining
Directors shall forthwith call a meeting of the Members to fill the
vacancies.
8. Quorum and Meetings. A majority of the Directors shall form a
quorum for the transaction of business. Except as otherwise required
by law, the Board of Directors may hold its meetings at such place or
places as it may from time to time determine. No formal notice of
any such meeting shall be necessary if all the directors are present,
or if those absent have signified their consent to the meeting being held
in their absence. Directors' meetings may be formally called by the
President, or Vice-President, or by the Secretary on direction in writing
by two Directors. Notice of such meetings shall be delivered, telephoned
or telegraphed to each Director not less than one day before the meeting
is to take place or shall be mailed to each Director not less than two
days before the meeting is to take place. The statutory declaration
of the Secretary or President that notice has been given pursuant to
this by-law shall be sufficient and conclusive evidence of the giving of
such notice. The Board may appoint a day or days in any month or months
for regular meetings at an hour to be named and of such regular meeting
no notice need be sent. A Directors' meeting may also be held, without
notice,immediately following the General Meeting of the College. The
Directors may consider or transact any business either special or general
at any meeting of the Board.
9. Errors in Notice. No error or omission in giving such notice for
a meeting of Directors shall invalidate such meeting or invalidate or
make void any proceedings taken or had at such meeting and any Director
may at any time waive notice of such meeting and may ratify and' approve
of any or all proceedings taken or had thereat.
10. Voting. Questions arising at any meeting of Directors shall be
decided by a majority of votes. In a case of an equality of votes, the
Chairman, in ,addition to his original vote, shall have a second or casting
vote. All votes at any meeting shall be taken by ballot on demand by
any Director present, but if no demand be made, the vote shall be taken
in the usual way by assent or dissent. A declaration by the Chairman that
a resolution has been carried and an entry indicating the number of assents
and dissents and abstentions in the Minutes shall be admissable as prima
facie proof of the fact. If so demanded by any director present, the
vote shall be recorded in the Minutes indicating the names of the Directors
present and the manner in which each Director voted on a particular item.
The right to a secret ballot on demand by a Director shall at all times
take precedence. In the absence of the President, his duties may be
performed by the Vice-President or such Director as the Board may from
time to time appoint for such purpose.
HEAD OFFICE
1.
MEMBERS
2.
3.
4.
5.
6.
7. Vacancies
8. Quorum and Meetings
9. Errors in Notice
10. Voting
11. powers
12. Remuneration
13. Liability
14. Indemnity
OFFICERS
15.
TABLE OF CONTENTS
16. Duties of The President and Vice-President
17. Duties of The Secretary
18. Duties of the Treasurer
19. Duties of the General Manager
COMMITTEES
20.
21.
22.
MEETINGS
23.
24.
25. Quorum
26. Errors in Notice
27. Requisiton of Meetings
28. Voting
FINANCE
29. Fiscal Year
30. Borrowing Powers
31. Reserve Fund
32. Insurance
33. Bond
34. Execution of Documents
35. Cheques, etc.
36. Deposit of Securities for Safekeeping
BY-LAW NO.1
PASSED BY THE BOARD - APRIL 22, 1970
CONFIRMED BY THE MEMBERS - APRIL 22, 1970
AS AMENDED BY:
BY-LAW NO.3
BY-LAW NO.5
BY-LAW NO. 6
BY-LAW NO. 7
BY-LAW NO. 8
BY-LAW NO. 10
BY-LAW NO. 16
BY-LAW NO. 19
THIS CONSOLIDATION OF BY -LAvJ NO. 1
IS PREPARED FOR CONVENIENCE ONLY
(March 1985)
issued in the name of the Co-operative, shall be signed by such an
officer or officers, agent or agents of the co-operative and in
such a manner as shall from time to time be determined by
Co-operative through its bankers, and endorse notes and cheques for
deposit with the Co-operative's bankers for the credit of the Co-
operative, or the same may be endorsed "for collection" or "for
deposit" with the bankers of the Co-operative by using the Co-
operative's rubber stamp for the purpose. Anyone of such officers
or agents so appointed may arrange, settle, balance and certify all
books and accounts between the Co-operative and the co-operative's
bankers and may receive all paid cheques and vouchers and sign all
the bank's forms or settlement of balances and release or
verification slips.
38. Deposit of Securities for Safekeeping. The securities of the
Co-operative shall be deposited for safekeeping with one or more
banks, trust companies or other financial institutions to be
selected by the Board. Any and all securities so deposited may be
withdrawn, from time to time, only upon the written order of the
Co-operative signed by such officer or officers, agent or agents,
of the Co-operative and in such manner, as shall from time to time
be determined by resolution of the Board and such authority may be
general or confined to specific instances. The institutions which
may be so selected as custodians of the Board shall be fully
protected in acting in accordance with the directions of the Board
and shall in no event be liable for the due application of the
securities so withdrawn from deposit or the proceeds thereof.
REGULATIONS
management and operation of the Co-operative and may amend or
suspend such Regulations.
BOOKS AND RECORDS
of the co-operative required by the by-laws of the Co-operative or
by law are regularly and properly kept.
INTERPRETATION
,
41. In these by-laws and in all other by-laws of the Co-operative
vice versa.
140
the meeting to a date not less than twelve days there after and no
adjourned meeting shall be binding upon the Co-operative regardless
of the number of members present. Notice of an adj ourned and
rescheduled general meeting shall be provided as in paragraph 25.
For general meetings other than the annual meeting the Chairman may
cancel the general meeting rather than adjourning it to a later
date.
any annual or general meeting to the members of the Co-operative
shall invalidate such meeting or make void any proceedings taken
or had thereat and any member may at any time waive notice of any
such meeting and may ratify, approve and confirm any or all
of the Co-operative, which requisition shall state the general
nature of the business to be presented at the meeting, requisition
a general meeting of the members of the Co-operative in accordance
with the requirement of notice in paragraph 25. If the Board of
of the members of the Co-operative, then anyone of the
requisitionists may call a general meeting in accordance with the
requirements for notice in paragraph 25, which meeting shall be
held within sixty days from the date the requisition was received.
30. Voting. Each member of the Co-operative shall at all annual
or general meetings of the members be entitled to one vote. At all
required by the By-laws of the Co-operative, or by law. In the
case of a tie vote, the chairperson of the meeting may vote a
second time.
FINANCE
31. Fiscal Year. The fiscal year of the Co-operative shall
terminate on August 31.
(a) issue, seal, or pledge securities of the Co-operative;
(b) borrow money on the credit of the co-operative;
undertaking, to secure any securities or any money borrowed,
or any other debt, or any other obligation or liability of the
Co-operative.
138
be the custodian of the seal of the Co-operative and of all books,
papers, records, correspondence, contracts and all other documents
belonging to the Co-operative which he shall deliver up only when
authorized by a resolution of the Board of Directors to do so and
to such person or persons as may be named in the resolution and he
accounts of all receipts and disbursements of the co-operative in
proper books of account and shall deposit all monies or other
valuable effects in the name and to the credit of the Co-operative
in such banks or bank as may from time to time be designated by the
Board of Directors. He shall disburse the funds of the Co-
operative under the direction of the Board of Directors, taking
proper vouchers therefor and shall render to the Board of Directors
at the regular meetings thereof or whenever required of him, an
account of all his transactions as Treasurer, and of the financial
position of the Co-operative. He shall also perform such other
duties as may from time to time be determined by the Board of
Directors.
20. Duties of the Assistant Treasurer. The Assistant Treasurer
Treasurer is absent from a meeting of a committee to which slhe has
been assigned the Assistant Treasurer may attend on the Treaurer's
affairs of the Co-operative (except such matters as must by law be
dealt with by the Board or by the members in general meeting) and
to discharge agents and employees of the Co-operative as the Board
the affairs of the Co-operative. Any agent or employee appointed
by the General Manager shall be subject to discharge by the Board.
136
(c) Where a matter of a personal nature concerning an individual
may be considered at a meeting, the part of the meeting concerning
such individual shall be held in camera unless such individual
requests that that part of the meeting is open.
10. Errors in Notice. No error or omission in giving such notice
for a meeting of Directors shall invalidate such meeting or
invalidate or make void any proceedings taken or had at such
meeting and may ratify and approve of any or all proceedings taken
or had thereat.
be decided by a maj ori ty of votes. In a case of an equal i ty of
and abstentions in the Minutes shall be admissable as prima facie
purpose.
12. Powers. The Directors of the Co-operative may administer the
affairs of the Co-operative in all things and make or cause to be
made for the Co-operative, in its name, any kind of contract which
the Co-operative, may lawfully enter into, and save as hereinafter
provided, generally, may exercise all such other powers and do all
such other acts and things as the Co-operative is by its charter
for acting as such.
14. Liability. No Director or officer of the co-operative shall
be liable for the acts, receipt, neglects or defaults of any other
Co-operative through the insufficiency or deficiency of title to
any property acquired by order of the Board for or on behalf of the
Co-operative or for the insufficiency or deficiency of any security
in or upon which any of the monies of the Co-operative shall be
invested, or for any loss or damage arising from the bankruptcy,
monies, securities or effects of the Co-operative shall be
deposited, or for any loss occasioned by any error of judgment or
134
signing officers, and any other unnumbered Bylaws which may exist)
are hereby repealed in their entirety and the following substituted
therefore:
BE IT ENACTED as a by-law of NEILL-WYCIK CO-OPERATIVE COLLEGE, INC.
(Hereinafter called the "Co-operative") as follows:
HEAD OFFICE
1. The head office of the Co-operative shall be in the city of
MEMBERS
2. (a) Membership is open to all applicants deemed acceptable as
outlined in the By-laws and Regulations of the Co-operative, and
will be granted by procedure decided by a vote of the members, or
a body duly elected or appointed by the members, or a committee
thereof.
residential space within the Co-operative by Occupancy Agreement,
where such space is requested and available.
discrimination in the selection of the members of the C?-operative.
the member) and 66 (by the Co-operative) of The Co-operative Co-
DIRECTORS
6. The affairs of the Co-operative shall be managed by a Board of
and continuing member in good standing of the co-operative. The
may open nominations prior to. the Annual General Meeting.
132
37. Deposit of securities for Safekeeping. The securities of the
College shall be deposited for safekeeping with one or more banks,
signed by such officer or officers, agent or agents, of the College
and in such manner, as shall from time to time be determined by
resolution of the Board and such authority may be general or
REGULATIONS
such Regulations.
BOOKS AND RECORDS
39. Keeping of Records. The Directors shall see that all
necessary books and records of the College required by the by-laws
of the College or by law are regularly and properly kept.
INTERPRETATION
vice versa.
41. Records in French or English. All records may be kept in
either French or English but need not be kept in both. Either
language may be used in any College matters.
130
any annual or general meeting to the members of the College shall
of the College, which requisition shall state the general nature
of the business to be presented at the meeting, requisition a
of the members of the College, then not less than five per cent of
received.
required by the By-laws of the College, or by law.
FINANCE
on August 31.
(a) issue, seal, or pledge securities of the College;
real property or personal property of the College including
book debts, rights, powers, franchises, and undertaking, to
secure any securities or any money borrowed, or any other
debt, or any other obligation or liability of the College.
with reference to the monies borrowed or to be borrowed as
additional securities for any monies borrowed due to the College
32. (a) Reserve Fund. The Board shall at its discretion,
128
be the custodian of the seal of the College and of all books,
belonging to the College which he shall deliver up only when
19, Duties of the Assistant Treasurer. The Assistant Treasurer
Treasurer is absent from a meeting of a committee to which s/he has
been assigned the Assistant Treasurer may attend on the Treaurer's
COMMITTEES
126
or had thereat.
10. Voting. Questions arising at any meeting of Directors shall
purpose.
for acting as such.
13. Liabi1i ty. No Director or officer of the College shall be
or for nay other loss, damage, misfortune whatever which shall
124
BY-LAW NO. 1
As Amended by By-law No. 's 3,5,6,7,8,11,16,19,21 & 23
BE IT ENACTED as a by-law of NEILL-WYCIK COLLEGE, INC.
(Hereinafter called the "College" as follows:
HEAD OFFICE
MEMBERS
as outlined in the By-laws and Regulations of the College, and will
be granted by procedure decided by a vote of the members, or a body
duly elected or appointed by the members, or a committee thereof.
the member) and 66 (by the College) of The Co-operative Co-
122
REGULATIONS
such Regulations.
BOOKS AND RECORDS
INTERPRETATION
vice versa.
40. All redords may be kept in either French or English but need
nbt be kept in both. Either language may be used in any College
matters.
ENACTED AND PASSED by the Directors, the 22nd day of April 1970
and as amended by by-law No.3 passed the 22nd day of April, 1970
and by-law No.5 the 24th day of October 1973.
120
of the members of the College, then not less than five per cent of
received.
required by the By-laws of the College, or by law.
FINANCE
on August 31.
(a) issue, seal, or pledge securities of the College;
real property or personal property of the College including
book debts, rights, powers, franchises, and undertaking, to
secure any securities or any money borrowed, or any other
debt, or any other obligation or liability of the College.
wi th reference to the monies borrowed or to be borrowed as
additional securities for any monies borrowed due to the College
31. (a) Reserve Fund. The Board shall at its discretion,
(b) Any surplus arising from the business of the College in each
Such reserve shall not be paid or in any way distributed to
members, but shall be appl ied for such purposes as are not
118
COMMITTEES
MEETINGS
116
meeting and may ratify and approve of any or all proceedings taken.
or had thereat.
purpose.
for acting as such.
or for nay other loss, damage, misfortune whatever which shall
114
BY-LAW NO. 1
As Amended by By-law No. 's 3,5,6,7,8,11,16,19 & 21
BE IT ENACTED as a by-law of NEILL-WYCIK COLLEGE, INC.
(Hereinafter called the "College" as follows:
HEAD OFFICE
MEMBERS
as outlined in the By-laws and Regulations of the College, and will
be granted by procedure decided by a vote of the members, or a body
duly elected or appointed by the members, or a committee thereof.
the member) and 66 (by the College) of The Co-operative Co-
operative corporations Act.
112
Approved by Members
October 12, 1988
November 9, 1988
deletes paragraph 22, which required the formation of certain
committees
labels and splits paragraph 24 into 24 and 25
amends paragraph 27, changing one-tenth of the membership
required to call a general meeting to 5% to agree with the Co-
operative Corporations Act
BYLAW NO. 21
of
1. Paragraph 22 be deleted.
2. Paragraph 24 be entitled IIAnnual Meeting"
3. The following be rembved from paragraph 24 and put in a new
paragraph 25 entitled "Notice for Meetingsll:
IINotice of the time and place of every member's
meeting, annual or general, shall unless all the
members entitled to notice of the meeting have
waived in writing the notice, be given either by
sending the notice to each member by mail or
telegraph, provided that any meeting of members may
be held at any time and place without such notice
if all the members of the College are present
thereat and at such meeting any business may be
transacted which the College at annual or general
meetings may transact. Notice for meetings other
than the general meeting may be ten days or more,
at the discretion of the Board, as set out in the
Co-operative Corporations Act, section 75."
4. In paragraph 27 all occurrences of "not less than one-tenth"
be replace by IInot less than five per cent".
110
insurable value.
35. cheques, etc. All cheques, bills of exchange or other orders
issued in the name of the College, shall be signed by such officer
or officers, agent or agents of the College and in such a manner
as shall from time to time be determined by resolution of the Board
and anyone of the officers or agents may alone endorse notes and
drafts for collection on account of the College through its
bankers, and endorse notes and cheques for deposit with the
be endorsed IIfor collection
ll
or IIfor depositll with the bankers of
36. Deposit of securities for Safekeeping. The securities of the
College shall be deposited for safekeeping with one or more
selected by the Board. Any and all securities so deposited may be
withdrawn, from time to time, only upon the written order of the
College signed by such officer or officers, agent or agents, of the
College and in such m a n n e r ~ as shall from time to time be
general or confined to specific instances. The institutions which
may be so selected as custodians of the Board shall be fully
protected in acting in accordance with the directions of the Board
and shall in no event be liable for the due application of the
108
24. The annual meeting shall be held for the purpose of receiving
the report of the Directors, the financial statements, and the
report of the Auditors, electing Directors (in accordance with
paragraph 6 and 7), appointing Auditors and fixing or authorizing
the Board to fix their remuneration and for the transaction of such
other business as may properly be brought before the meeting. The
members may consider and transact any business, either special or
general, that has been submitted to the Chairman at least three
weeks prior to the date appointed for the meeting. Said agenda,
along with all motions, must be posted and circulated twenty-one
days before the Annual Meeting. Appeals for inclusion of agenda
items can be submitted to the last Board meeting held before the
Annual Meeting, appeals needing a simple majority to pass to be
included. Appeals after said Board Meeting may be submitted to the
floor at the Annual Meeting and may be placed on the Agenda if
passed by 50% + 1 majority of the members present. Notice of the
time and place of every members' meeting, annual and general,
shall, unless all the members entitled to notice of the meeting
have waived in writing the notice, be given by sending the notice
to each member by prepaid mail or telegraph at least ten days
before the time fixed for the holding of such meeting; provided
without such notice if all the members of the College are present
thereat or represented by proxy duly appointed, and at such meeting
any business may be transacted which the College at annual or
general meetings may transact.
not less than twelve days thereafter and no more than fifteen days
chairman may cancel the general meeting rather than adjourning it
the business to be presented at the meeting, requisition a general
106
Director or officer sustains or incurs in or about any
action, suit or proceeding which is brought, commenced
or prosecuted against him, for or in respect of any deed,
by him, in or about the execution of the duties of his
office;
OFFICERS
thereto.
104
may open nominations prior to the Annual General Meeting.
nominated at the meeting will be write-in candidates on the ballot.
The six candidates who receive the highest vote totals will have
two year terms. No full-time permanent staff member may be elec-
ted to, appointed to, or sit on the Board of Directors.
7. Vacancies. (a) Vacancies on the Board of Directors, however
(b) All members of the Board of Directors are obligated to
attend meetings of the Board. Failure by a Director to attend 3
consecutive meetings of the Board disqualifies the Director from
continuing as a Director unless the Board excuses such absence by
resolution.
general at any meeting o the Board.
or had thereat.
102
2.20 AGM87 Motions, Amending Bylaw 1
Approved by Members
October 14, 1987
November 4, 1987
amends paragraph 6 to clarify distribution of two year terms
when more than six candidates are being elected in one year
adds paragraph 7b, disqualifying Directors who miss three
consecutive meetings and allowing their replacement
amends paragraph 23, deleting the requirement to hold the
Annual General Meeting at any particular time of the year
amends paragraph 29, changing the fiscal year end from the
Sunday preceding Labour Day to August 31
MOVED:
MOVED:
MOVED:
MOVED:
To change Bylaw 1, Article 6 to read as follows:
The affairs of the Cooperative shall be managed by a
Board of 12 Directors each of whom at the time of elec-
tion shall be a prior and continuing member in good stan-
ding of the cooperative. The annual election of Direc-
tors shall be held at the Annual General Meeting. The
election shall be by ballot. The Board of Directors may
open nominations prior to the Annual General Meeting.
Candidates nominated prior to the Annual General Meeting
must be nominated in writing by 10 members of the cooper-
ative. Candidates nominated at the meeting will be
write-in candidates on the ballot. The six candidates
who receive the highest vote totals will have two year
terms. No full-time permanent staff member may be elec-
ted to, appointed to, or sit on the Board of Directors.
To renumber Bylaw 1, Article 7 to Article 7a.
To add Article 7b, "Removal of Directors" as follows:
All members of the Board of Directors are obligated to
attend meetings of the Board. Failure by a Director to
attend 3 consecutive meetings of the Board disqualifies
the Director from continuing as a Director unless the
The annual or any other general meeting of the members
of the College shall be held at the head office of the
College or elsewhere in ontario as the Board of Directors
may determine and on such day as the said Directors shall
appoint.
The fiscal year of the College shall terminate on August
31.
100
purposes as are not inconsistent with the Letters Patent as
amended. The College may invest all or part of the reserve fund
in such investments as it thinks fit from time to time, deal with
and vary such investments and dispose of all or part thereof for
the benefit of the College.
insurable value.
deposit with the college's bankers for the credit of the College,
slips.
36. Deposit of securities for Safekeeping. The securities of
98
the Board.
COMMITTEES
ii) House Committee
MEETINGS
Directors.
95
OFFICERS
committee and shall hold office at the pleasure of the Board.
powers may be exercised by the Vice-President, and if-the Vice-
reference thereto.
17. Duties of Secretary. The secretary shall be ex officio
94
be elected to, appointed to, or sit on the Board as a Director.
92
Approved by Members
November 7, 1984
November 7, 1984
amend paragraph 25, changing quorum from 15% at general
meetings other than the annual general meeting to 10% at all
general meetings
BYLAW NO. 19
A BYLAW TO AMEND BYLAW NO. 1
BE IT ENACTED as Bylaw No. 19 of Neill-Wycik Co-operative College,
Incorporated that Bylaw 1, Paragraph 25 be repealed and the
following substituted therefore:
not less than twelve days thereafter and no more than fifteen days
chairman may cancel the general meeting rather than adjourning it
PASSED by the Board and sealed with the corporate seal of the co-
operative this 7th day of November, 1984.
CONFIRMED by two-thirds of the votes cast at a general meeting of
members this 7th day of November, 1984.
90
purposes as are not inconsistent with the Letters 'Patent as
amended. The College may invest all or part of the 'reserve fund
insurable value.
, indebtedness issued in the name of the College, shall be signed
88
transact.
cent of the total College membership. If, at any annual meeting
the number of members present. Notice shall be provided as in
paragraph 24. A quorum for the transaction of business of a
general meeting of members (not being the annual meeting) shall
consist of not less than fifteen (15) per cent of the total
College membership. If, at any general meeting of the College a
quorum is not present, within the time determined at the
discretion of the Chairman following the hour for which the
meeting is called, the Chairman may adjourn the meeting to a date
not less than twelve days thereafter and no more than fifteen
days thereafter and the decision of the said adjourned meeting
shall be binding upon the College regardless of the number of
members present, or the Chairman may choose to cancel the meeting
at his discretion.
86
OFFICERS
reference thereto.
84
7. Vacancies. Vacancies on the Board of Directors, however
82
Approved by Members
February 24, 1982
March 3, 1982
adds paragraph 4, establishing an Education and Social
Activities Fee
BYLAW NO. 16
Inc.
(hereinafter called "The College" as follows:
1. To amend Bylaw No. 1 by the addition of the following as
Paragraph 4, and the renumbering of the subsequent paragraphs.
"Each member shall pay annually an Education and Social Activities
Fee. The amount of this fee shall be determined from time to time
by the membership on the recommendation of the Board of Directors.
This bylaw shall be effective as of September, 1982."
80
in such investments as it thinks fit from time to time, d e ~ l with
insurable value. .
in such a manner, as shall from time to time be determined by
slips.
78
trans'action of such other business as may properly be brought
transact.
qent of the total College membership. If, at any annual meeting
shall be binding upon the college regardless of the number of
at his discretion.
25. Errors in Notice. No error or omission in g1v1ng notice of
76
OFFICERS
shall, when present, preside at ali meetings of the members of
reference thereto.
funds of the college under the direction of the Board of
74
business either special o ~ general at any meeting of the Board.
72
6. The paragraphs of the amended Bylaw shall be renumbered to
reflect the changes made by the enactment of this Bylaw.
College, this 9th day of October, 1980.
70
Approved by Directors ?
Approved by Members ?
Bylaw 8 cannot be found. It is reputed to have been passed by the
Board of Directors on November 15, 1978, however, there is no entry
in the Board minutes to that effect. It is not mentioned in the
annual general meeting minutes of 1978, 1979 or 1980, at which
bylaw 10 was passed. There are no minutes for a 1979 budget
meeting. The 1980 budget meeting does not mention the bylaw. The
only record of bylaw 8 is a copy of bylaw 1 including up to the
bylaw 8 amendment. However, this copy of the bylaw shows no
changes from a copy including only bylaw 7.
68
the benefit of the college.
insurable value.
officers, person or persons, on behalf of the college either to
slips.
66
transact.
cent of the total College membership. If, at any annual meeting
shall be binding upon the College regardless of the number of
at his discretion.
27. Errors in Notice. No error or omission in g1v1ng notice of
64
committee and shall hold office at the pleasure of the Board.
reference thereto.
17. Duties of secretary. The Secretary shall be ex officio
62
60
body duly elected or appointed by the members, or a
committee thereof.
(ii) Prior to such a vote a notice shall be served on
the member specifying the particular breach or default
complained of, and if the breach is capable or remedy,
requiring the member to remedy the breach, and in any
case, requiring the member to make compensation in
money for the breach, if such a breach may be
compensated for by money, and setting out the time and
place for a meeting to consider whether the member's
occupancy rights should be terminated and that the
member shall have a right to appear and make
representations at the meeting prior to the vote.
(iii) The notice shall be served on the member at a
reasonable time prior to the meeting, but no less than
five (5) days prior to the meeting, except in cases of
emergency. Notice respecting the breach may be in Form
1 attached hereto.
(iv) At the meeting, if the breach has not been
remedied in accordance with the notice, by majority
vote of the meeting the Occupancy Rights, (but not the
Membership) of the member may be terminated effective
at a reasonable date after the meeting, but not
normally less than ten (10) days after the meeting.
(v) If the Occupancy Rights are terminated, a Notice to
Quit specifying the day of termination shall be served
on the member, or left at the unit, two days following
the meeting. The Notice may be in Form 2 attached
hereto.
(vi) If the member fails to vacate in accordance with
the Notice, the college may apply for a writ of
Possession against the member and take such other
action to recover possession as it may deem
appropriate.
(i) None of the goods and chattels of any member shall
be subject to levy by distress for arrears or rent or
housing charges or other charges owing or default under
an Occupancy Agreement and the College shall not have
any right of distress in any circumstances.
(ii) Unless a member consents, or abandons his unit,
the College shall not re-enter or regain possession of
the unit except under the authority of a Writ of
Possession or other judicial process.
58
8. Paragraph 30 of the bylaw shall be amended as follows:
The phrase "present in person" shall be deleted wherever it
appears in the paragraph.
9. Paragraph 34 of .the bylaw shall be deleted.
10. Paragraph 37 of the bylaw shall be amended in the following
manner:
The existing statement which embodies the paragraph shall be
deemed section (a) of the paragraph and the following
statement shall be added to the paragraph and deemed section
(b) of the paragraph:
each fiscal year shall be set aside by the College as a
reserve fund. Such reserve shall not be paid or in any
way distributed to the members, but shall be applied
for such purposes as are not inconsistent with the
Letters Patent as amended. The College may invest all
or part of the reserve fund in such investments as it
thinks fit from time to time, deal with and vary such
investments and dispose of all or part thereof for the
benefit of the College.
11. Paragraph 45 of the bylaw shall be deleted.
12. A.j.l paragraphs of the bylaw, where necessary, shall be
ren1,'.;,ered to reflect the changes and amendments made by this
r' . ..l.W.
56
(a) Membership is opened to call applicants deemed
acceptable as outlined in the Bylaws and Regulations of
the College, and will be granted, by procedure decided
by a vote of the members, or a body duly elected or
appointed by the members, or a committee thereof.
occupy residential space within the College by
Occupancy Agreement, where such space is requested and
available.
3. Paragraph 7 of the bylaw shall be deleted and replaced by
the following statement:
Housing charges and other charges similar to rent, or any
other charges payable by members, shall be decided by a vote
of the m ~ m b e r s or of a body duly elected or appointed by the
members, or a committee thereof.
4. Paragraph 8 of the bylaw shall be deleted and replaced by
the following:
Not withstanding anything contained in the Bylaws of the
College or in any Occupancy Agreement, the following
provisions shall apply:
(a) Termination of Occupancy Rights:
(i) Termination of Occupancy Rights shall take place
separately from termination of membership rights and
may be brought about only by a vote of the members or a
body duly elected or appointed by the members, or a
committee thereof.
(ii) Prior to such a vote a notice shall be served on
the member specifying the particular breach or default
complained of, and if the breach is capable or remedy,
requiring the member to remedy the breach, and in any
case, requiring the member to make compensation in
money for the breach, if such a breach may be
compensated for by money, and setting out the time and
place for a meeting to consider whether the member's
occupancy rights should be terminated and that the
member shall have a right to appear and make
representations at the meeting prior to the vote.
(iii) The notice shall be served on the member at a
reasonable time prior to the meeting, but no less than
five (5) days prior to the meeting, except in cases of
emergency. Notice respecting the breach may be in Form
1 attached hereto.
(iv) At the meeting, if the breach has not been
remedied in accordance with the notice, by majority
vote of the meeting the Occupancy Rights, (but not the
Membership) of the member may be terminated effective
at a reasonable date after the meeting, but not
normally less than ten (10) days after the meeting.
(v) If the Occupancy Rights are terminated, a Notice to
Quit specifying the day of termination shall be served
54
thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
of the College required by the by-laws of the college or by law
INTERPRETATION
be, and vice versa.
matters.
1970.
52
received.
majority of the votes of the members present unless 'otherwise
FINANCE
by the College.
50
participate in the educational programme. The committee shall be
COMMITTEES
ii) House Committee
MEETINGS
Directors.
48
from and against:
OFFICERS
The President, the. Vice-President, the Secretary and the
46
44
within the time determined at the discretion of the Chairman
following the hour for which the meeting is called, the Chairman
shall adjourn the meeting to a date not less than twelve days
thereafter and no more than fifteen days thereafter and the
shall be provided as in paragraph 29. A quorum for the
transaction of business of a general meeting of members (not
being the annual meeting) shall consist of not less than fifteen
(15) per cent of the total College membership present in person.
If, at any general meeting of the College a quorum is not
Chairman may adjourn the meeting to a date not less than twelve
days thereafter and no more than fifteen days thereafter and the
College regardless of the number of members present, or the
Chairman may choose to cancel the meeting at his discretion.
Paragraph 33 of Bylaw 1 be deleted and that a new paragraph 33 be
added as follows:
42
Approved by Directors November 13, 1974
(location of minutes of Board and member's meetings unknown)
amends paragraph 9 to include details of the calling of
elections
amends paragraph 29 to pass motions at annual meeting by 50%
+ 1 of members present, rather than of eligible votes;
additional provisions for giving notice of meeting
amends paragraph 30 to change quorum from 25% at all general
meetings to 10% at annual general meeting and 15% at all
other general meetings; removes provisions for proxy voting
amends paragraph 33 to remove proxy voting
Old copies of the bylaws indicate that paragraph 35 (fiscal year
end) and paragraph 9, concerning election of Directors were
changed after bylaw 5 and before bylaw 7; however these changes
do not appear in the minute book copy of bylaw 6.
In paragraph 9, the sentence "The annual election of Directors to
be held coincidentally with the annual general meeting or failing
that, to be held on the first Wednesday of November of each year"
is changed to read "the first Wednesday of December of each
year."
The new wording of paragraph 35 is:
These amendments are included from here on for convenience.
BYLAW NO. 6
A bylaw updating the existing bylaws of
NEILL-WYCIK COLLEGE INC.
BE IT ENACTED as a bylaw of Neill-Wycik College Inc, as follows:
Paragraph 9 of bylaw 1 (as amended by bylaw 3 and bylaw 5) be
deleted and that a new paragraph 9 be added as follows:
Directors each of whom at the time of election sha,ll be a prior
40
stamp for the purpose; Anyone of such officers or agents so
slips.
thereof.
REGULATIONS
such Regulations.
BOOKS AND RECORDS
38
meeting, or by publishing the notice at leave once a week for two
consecutive weeks next preceding the meeting in a newspaper or
newspapers circulated in the municipality of municipalities in
which the majority of the members of the College reside; provided
If, at any general meeting of the College, a quorum is not
decision of the said adjourned meeting shall be binding the
and any member may at any time waive notice of any such
proceedings taken or had
received.
33. Voting. Each member of the College shall at all meetings of
every question $hall be decided by a majority of the votes of the
otherwise required by the By-laws of the College, or by law.
36
reference thereto.
the Board.
EDUCATION COMMITTEE
34
for the college, in its name, any kind of contract which the
the affairs of the College. such bylaw and any repeal, amendment
of the members.
for acting as such.
32
2.8 Bylaw 1 - October 24, 1973 to November 13, 1974
BYLAW NO. 1
as amended by Bylaws No. 3 and No. 5
HEAD OFFICE
MEMBERS
regulations.
Directors of 12 Directors each of whom at the time of his
election shall be a prior and continuing member in good standing
of the College. All Directors of the College shall be elected
30
and shall have a term of office of two years, six of whom will be
elected and shall retire in rotation every other year, the annual
election to be held on the first Wednesday of November in each
year. The election shall be by ballot.
Paragraph 11 of Bylaw 1 be deleted and that new paragraph 11 be
added as follows:
11. Vacancies. Vacancies on the Board of Directors, however
Sentence seven of paragraph 12 of Bylaw 1 be changed to read:
12 ..... A Directors' meeting may also be held, without notice,
immediately following the General Meeting of the College.
Paragraph 14 of Bylaw 1 be deleted and that new paragraph 14 be
added as follows:
Paragraph 15B of Bylaw 1 be deleted and that new paragraph 15B be
added as follows:
15. (b) The Directors of the College shall be responsible for
Under the sub-heading "OFFICERS", Bylaw 1, in all cases the term
"EXECUTIVE DIRECTORS" be changed to read "GENERAL MANAGER".
28
INTERPRETATION
be, and vice versa.
47. All records maybe kept in either French or English but need
matters.
1970.
26
act d o n ~ or right acquired under any such bylaw is prejudicially
affected by any such rejestion, amendment, or other dealing.
FINANCE
by the College.
insurable value.
24
COMMITTEES
ii) Regulations Committee
iii) Audit Committee
MEETINGS
Meeting shall be held at such time in the month of February in
each year as the Board of Directors may determine.
consider and transact any business, either special or general
without any notice thereof at any meeting of the members. The
Board of Directors or the President or Vice-President shall have
power to call at any time a general meeting of the members of the
22
from and against:
OFFICERS
Treasurer and a Executive Director, and such other officers as
the Board of Directors may determine by by-law from time to time.
hold office until their successors are elected. The Executive
Director shall be appointed by the Board of Directors and need
not himself be a Director nor voting member of the Management
20
College shall be elected and shall retire in rotation and at the
first meeting of the members for the election of Directors, six
Directors shall be elected to hold office for a term of two years
from the date of their election or until the second annual
meeting of the members after such date, whichever occurs first,
and six for a term of one year from the date of their election or
until the next annual meeting after such date, whichever first
occurs, and thereafter at each annual meeting, Directors shall be
elected to fill the positions of those Directors whose term of
office has expired and each Director so elected shall hold office
for a term of two years or until the second annual meeting after
his election, whichever occurs first. The election shall be by
ballot.
11. vacancies. Vacancies on the Board of Directors, however
College, if they shall see fit to do so, otherwise such vacancy
shall be filled at the next annual meeting of the members at
which the Directors for the ensuing year are elected, but if
there is not a quorum of Directors, the remaining Directors shall
forthwith call a meeting of the Members to fill the vacancy.
held, without notice, immediately following the annual meeting of
the College. The Directors may consider or transact any business
either special or general at any meeting of the Board.
18
Approved by Members
March 11, 1971
November la, 1971
The following was entered into the minutes of the Board of
Directors meeting of March 11, 1971:
That all retired Board members be made ex-officio (non-voting
members of the Board). If regular members are not present, then,
at the request of the Chairman a non-voting ex-officio member may
vote.
Moved by Murray Paulin, seconded by sid Kling. CARRIED.
The following was entered into the minutes of the General Meeting
of Neill-Wycik College of November la, 1971:
Mr. Paulin presented for ratification By-Law of the Board of
Directors of March 11, 1971, amending sections 8A and 8B of the
By-Laws.
Moved (Paulin) and seconded (Kling) Carried unanimously.
Records indicate this amendment was never entered into the
bylaws.
Approved by Members
December 9, 1971 (Motion #4)
October 11, 1972 (Motion #3)
Motion #4 of the Board of Directors meeting of December 9, 1971
reads:
MOTION #4 that the President and Secretary of Neill Wycik College
be automatically made the legal signing officers. MOVED by Dave
Snelgrove, Seconded by Tom Sosa. CARRIED
Motion #3 of the General Meeting of Neill-Wycik College Inc. of
October 11, 1972 reads:
MOTION #3: Moved by st. Martin and Gordner that the Bylaw change
of December 9, 1971 be accepted. Carried.
This amendment would affect Paragraph 40, Execution of Documents.
Records indicate this amendment was never entered into the
bylaws.
16
Board ofTrustees shall be composed of one representative
INTERPRETATION
be, and vice versa.
matters.
1970.
14
by the College.
insurable value.
be signed by the or Vice-President and the Secretary,
12
COMMITTEES
ii) Regulations Committee
iii) Audit Committee
MEETINGS
Meeting shall be held at such time in the month of February in
each year as the Board of Directors may determine.
consider and transact any business, either special or general
without any notice thereof at any meeting of the members. The
Board of Directors or the President or Vice-President shall have
power to call at any time a general meeting of the members of the
10
or in relation thereto unless the same shall happen through "his
from and against:
OFFICERS
Treasurer and a Executive Director, and such other officers as
the Board of Directors may determine by by-law from time to time.
hold office until their successors are elected. The Executive
Director shall be appointed by the Board of Directors and need
not himself be a Director nor voting member of the Management
During the absence or inability of the president, his duties and
8
shall be a member of the College.
10. Each Director shall be elected to hold office until the
first annual meeting after he shall have been elected or until
his successor shall have been duly elected and qualified. The
entire Board of Directors shall be retired at each annual meeting
but shall be eligible for re-election if otherwise qualified.
The election shall be by ballot. The members of the College may,
by resolution passed by at least two-thirds of the votes cast at
a general meeting of which notice specifying the intention to
pass such resolution has been given, remove any director before
the expiration of his term of office, and may by a majority of
the votes cast at that meeting elect any person in his stead for
the remainder of his term.
College, if they shall see fit to do so, otherwise such vacancy
shall be filled at the next annual meeting of the members at
which the Directors for the ensuing year are elected, but if
there is not a quorum of Directors, the remaining Directors shall
forthwith call a meeting of the Members to fill the vacancy.
held, without notice, immediately following the annual meeting of
the College. The Directors may consider or transact any business
either special or general at any meeting of the Board.
6
Bylaw 23: to amend Bylaw 1
Approved by Members
Bylaw 24: to replace Bylaw 1
Approved by Members
5
February 28, 1990
March 7, 1990
October 22, 1990
November 14, 1990
Bylaw 6: to amend Bylaw 1 to update existing Bylaws
Approved by Members
(Location of minutes of
unknown)
November 13, 1974
November 13, 1974
Board and members' meetings
Bylaw 7: to amend Bylaw 1 in order to conform to superseding
Acts of the Province of ontario
Approved by Members
November 15, 1978
November 15, 1978
Bylaw 8: no record exists; this number may have been skipped
Bylaw 9: a Bylaw relating to the rights and obligations of the
College and its members
Approved by Member
August 29, 1979
November 14, 1979
Bylaw 10: to amend Bylaw 9 with respect to pet rules and the
implementation of a maintenance deposit charge
Approved by Members
?
November 12, 1980
Bylaw 11: to amend Bylaw 1 to agree with the Co-operative
Corporations Act and to remove sections that were part
of Bylaw 9
Approved by Members
?
November 12, 1980
on the Executive
Approved by Directors ?
Bylaw 13: to amend Bylaw 9 with respect to the Pet Policy
Approved by Directors February 17, 1982
Approved by Members March 3, 1982
3
2.26 Bylaw 24, Replacing Bylaw 1 and Bylaw 24 -
November 14, 1990 to Present ..... . 131
disabilities. This notice will include information about the reason for the disruption, its
anticipated duration, and a description of alternative facilities or services, if available.
The notice will be placed at all public entrances and service counters on our premises.
6. Training for staff
Neill-Wycik Co-operative College will provide training to all employees, volunteers and
others who deal with the public or other third parties on their behalf, and all those who
are involved in the development and approvals of customer service policies, practices
and procedures. Individuals in the following positions will be trained: front line staff,
supervisors, managers, volunteers.
Training will be provided to each person as soon as practicable after he or she is
assigned applicable duties.
Training will include the following:
The purposes of the Accessibility for Ontarians with Disabilities Act, 2005 and the
requirements of the customer service standard
How to interact and communicate with people with various types of disabilities
How to interact with people with disabilities who use an assistive device or require
the assistance of a service animal or a support person
What to do if a person with a disability is having difficulty in accessing Neill-Wycik
Co-operative College's goods and services
Neill-Wycik Co-operative College's policies, practices and procedures relating to the
customer service standard.
Applicable staff will be trained on policies, practices and procedures that affect the way
goods and services are provided to people with disabilities. Staff will also be trained on an
ongoing basis when changes are made to these policies, practices and procedures.
7. Feedback process
The ultimate goal of Neill-Wycik Co-operative College is to meet and surpass customer
expectations while serving customers with disabilities. Comments on our services
regarding how well those expectations are being met are welcome and appreciated.
Feedback regarding the way Neill-Wycik Co-operative College provides goods and services
to people with disabilities or this policy and its implementation can be made by:
telephoning the Neill-Wycik Co-operative College at (416) 977-2320 Neill-Wycik
Co-operative College in person at 96 Gerrard Street East, Toronto, ON Monday
to Friday, 9AM-5PM; or
The Neill-Wycik Co-operative College
Customer Service Policy Statement:
Providing Goods and Services to People with Disabilities
1. The mission of Neill-Wycik Co-operative College is:
We are a student owned and controlled co-operative committed to upholding and
promoting the seven principles of co-operation in all we do:
To serve the best interests of the membership by operating effectively in areas
significant to student life.
To acknowledge and support the active contributions students have made, and will
continue to make, within our community.
To cultivate student leadership, participation, empowerment, self-sufficiency, and
responsibility.
2. Our commitment
In fulfilling our mission, Neill-Wycik Co-operative College strives at all times to provide our
goods and services in a way that respects the dignity and independence of people with
disabilities. We are also committed to giving people with disabilities the same opportunity to
access our goods and services and allowing them to benefit from the same services, in the
same place and in a similar way as other customers.
3. Providing goods and service to people with disabilities
Neill-Wycik Co-operative College is committed to excellence in serving all customers
including people with disabilities and we will carry out our functions and responsibilities in
the following areas:
3.1 Communication
We will communicate with people with disabilities in ways that take into account their
disability. This means employees will communicate in a means that enables persons with
disabilities to communicate effectively for purposes of using, receiving and requesting our
goods and services.
We will train staff who communicate with customers on how to interact and
communicate with people with various types of disabilities.
6. All cars must have current licensing and insurance and be in mechanically
sound condition. Any vehicle found leaking oil or other fluids will be
required to be moved out of the lot or it will be towed.
7. The owners of over size trucks or large 4 wheel drive vehicles must park
them on the lower level where there is a concrete floor. The upper
parking membrane is easily compromised by these vehicles.
8. Members agree to remove their cars when necessary to facilitate garage
maintenance and repairs.
Short-term parking
1. Daily spots are available in the summer through the hotel front desk.
Violations
1. If a user repeatedly violates one or more sections of the policy her/his
parking privileges will be terminated. In the event that an appeal is
sought, the member retains her/his right to park until the next Board of
Directors meeting at which time the appeal is heard. Failure to remove
his/her car from the garage on the date requested will result in the user's
car being towed at his/her expense.
Waiver
1. All users must sign an agreement accepting the terms of this policy and
waiving the co-op from any responsibility for theft, vandalism or damage
that might occur to their vehicle while on co-op property.
Staff
1. All staff using the garage do so within the limitations of this policy. Staff
use is pursuant to the staff benefits package, at full rate beyond work
hours. There is no discount for members who are also full-time staff.
E-Bikes
1. Must be stored in the garage and are not permitted within the building.
Batteries may be brought to member units for charging.
Amendment (e-bikes) approved by the Board of Directors May 14, 2012.
The following is a list of the responsibilities of each CA as well as the minimum time
requirements for the completion of each task.
CA Training - 4 hours
Aug/Sept Move-in - 8 hours
Meeting new members in Sept - 3 hours
Member Orientations in September (no pizza, 3 CAs per session) - 2 hours
Floor Dinner in September (one for each CA) - 3 hours
Member Contribution Fair in October - 4 hours
Floor Dinner in Jan-March - 3 hours
Attend one MRC meeting - 1 hour
Annual General Meeting - 4 hours
April/May Move-out - 4 hours
Primary Committee - 4 hours in Sept and 8 hours/month afterwards = 60 hours
Secondary Committee - 2 hours/month = 16 hours
Office Hours (two sessions/month x one hour/session) - 16 hours
CA/CDC meetings - 30 minutes/month = 4 hours
Phone calls/Entering MCP hours - 2 hours/week = 64 hours
CA Meetings (1 hour/month) = 8 hours
Changes and/or amendments to this policy may be made at the discretion of the Board.
Approved by the Board of Directors on March 11, 2006
Community Assistant Policy
The role of the Community Assistant (CA) is critical in promoting the community
involvement of Neill-Wycik members. Each CA is responsible for ensuring that members
have access to the resources they need to actively participate in the Member
Contribution Program. As well, through the provision of activities such as floor events
and member orientations, a CA enhances the work of the Social Activity Committee.
Meeting Members
It is important that CAs make an effort to meet new members, but at the same time
there can only be so much effort put to this task before it becomes wasteful. During
the September move-in, each CA will be expected to go around the floors three times to
meet their members. If they are unable to meet their members on the third attempt,
they will leave a note on the member's door. Furthermore, the CAs will take with them
an information sheet containing the names of the available committees and contact
numbers as well as any other information that the Board deems fit. In subsequent
months, the CAs will also have to make at least three attempts to meet new members.
Again, if the CA cannot meet the new member he/she must leave a note.
Orientation
CAs will perform one New Member Orientation in the beginning of September in 'groups
of threes (these will be open to new members from all floors but will not feature food).
After these initial sessions, one session will be performed at the end of each month by a
CA assigned to the task (as their secondary committee).
Floor Events
Each CA will organize two floor events - once in September and once between January
and April. The CAs will not be allowed to combine floor parties - the purpose of these
events are to build a community atmosphere within the floors, too many floors makes
the events too impersonal and defeats this purpose. The CA-run Floor Events may have
wine (as in wine and cheese parties), but may not serve beer or liquor. Any event
organized by members through their CA and for MCP hours may not serve any alcohol.
Committees and Clubs
Each CA will be expected to run two committees. The primary committee will be one
that generates more MCP hours for members and will be a committee that is expected
to succeed. The secondary committee can be something that may not provide many
member MCP hours or be expected to succeed but would be something that would be
fun for the membership. The CA will be expected to spend 1V2 hours/week on their
Security pre-inspection signature
Security post-inspection signature
EXISTING DAMAGE REPORT (to be completed when applicable on reverse side)
APPENDIX 6
DEPOSIT RELEASE FORM AND RECEIPT
We hereby acknowledge the return of the sum of $1 00.00 providing that the above Room
Use Inspection List has passed approval by N eill-Wycik Security standards and signature
Member's Signature Date
(Signature indicates acceptance of penalty if Security believes it is needed)
Authorized Signature Date
Deposit Returned Date
ROOM USE RULES AND REGULATIONS FOR NEILL-WYCIK SPONSORED AND NON-
SPONSORED EVENTS
1. Events with alcohol require a refundable cash deposit of $100 (except for events sponsored by
SAC), to be paid to the Security Supervisor or CDC in order to book the room. This deposit will be
applied against any costs incurred as a result of damage, theft or cleaning costs related to the event.
The deposit, or portion thereof, will be returned to the undersigned or their representative once an
assessment of the event is completed and a Neill-Wycik Security Representative signs the Inspection
Fonn. Non-alcoholic evens do not require a deposit.
2. The Board, Hotel Manager or its designate (i.e. SAC, the Community Development Co-ordinator,
General Manager) reserves the right to hook events that are expected to be less then 50% Neill-Wycik
members or events held by external groups.
3. In accordance with the Law, liquor cannot be sold in any facility.
4. No member may book two facilities at the same time. Groups that foster discrimination will not be
tolerated. The Host must notify Neill-Wycik security of people who are acting in a disorderly manner.
5. It is the Host's responsibility to arrange with Security the inspection ofthe room before and after
the event. Written acknowledgement of such inspections will be recorded in the Inspection Fonn. The
Host must take personal responsibility and liability for reimbursing Neill-Wycik or its agents for any
damage, theft or cleaning costs related to the event.
6. All Federal and Provincial By-laws, including the City Noise By-laws, apply to all events and must
be followed.
7. The Police and members ofNeill-Wycik security who visit, may check on any agreement issued for
the event, or who investigates a complaint, MUST be treated with courtesy and co-operation.
8. All parties must end by 2:00am (the room must be empty by 2:00am). The room must be
thoroughly cleaned and ready for use by 2:00pm the following day.
9. To abide by the regulations as set forth and any other regulations that may be added to those above
are considered binding to this agreement.
THE DEPOSIT MUST BE RECEIVED BEFORE THE ROOM IS BOOKED . You ARE NOT
BOOKED until you have met with the Security Supervisor or CDC to discuss your party, have paid
your $100 deposit and signed this agreement.
Any breaking of any rule can lead to the cancellation of your event and/or result in the suspension of
your membership privileges.
I have read the Alcohol Policy and Room Use Agreement and I agree to abide by all rules, regulations
and guidelines.
Neill-Wycik reserves the right to inspect all advertising of events within Neill-Wycik at which alcohol
will be served prior to being posted. Posters for such events must only be posted within Neill-Wycik
and in no way advocate the over-consumption of alcohol.
ALCOHOL POLICY
WHERE NEILL-WYCIK PROVIDES THE ALCOHOL AND/OR SPONSORSHIP:
1. When booking a facility or party, it is the member's responsibility to be aware of the rules and
regulations. The Host must obey Neill-Wycik's Alcohol Policy if alcohol is served or provided.
2. For any Neill-Wycik sponsored events, at least 50% of the attendees MUST be Wycik members.
Otherwise we could be charged, as we most follow certain regulations or we are seen as having a
public function (which affects our liquor licensing).
3. Any event sponsored and/or financially supported by SAC must be open to all members. A list of
all guests (this does not include members) must be provided with addresses at least 48 hours in
advance to the Security Supervisor. All external guests MUST sign in at security before an event.
External guests not on the guest list will not be allowed.
4. Neill-Wycik purchased alcohol may be served to any who is not a member ofNeill-Wycik,
provided they have a drink ticket. However, all events with Neill-Wycik sponsored alcohol, must be
cleared with the Security Supervisor, CDC (Community Development Co-ordinator) or GM (general
Manager) so the insurance company may be advised of an event. We are obliged to advise out
insurance company of any event at which non-members consume alcohol. Full-time staff are
considered members at events that the staff are required to attend. EVENTS WILL NOT BE
APPROVED WITH LESS THAN 5 DAYS NOTICE.
5. No alcohol may be served to anyone under the age of 19 whether slhe is a member or not. It is law,
that any member who is served alcohol by the bartender and who then passes it onto an ineligible
person (underage, intoxicated, not registered guest) may be held liable for any injuries or property
damages that ensues.
6. For any event, the Host is responsible for the persons attending the event and their behaviour. It is
important that the bartenders serving the alcohol to the members know that they can stop giving
someone drinks when they've had too much. The doorperson must check all members for two pieces
of identification when serving alcohol. (See IDENTIFICATION for details). The bartender(s) reserve
the right to demand identification at any time.
7. The bartender(s) and security must be aware of potential troublemakers and ensure that no one
reaches intoxication. Anyone who exhibits signs of intoxication will be refused service. The bartender
shall be entitled to use herlhis judgment in determining whether he member or guest is intoxicated and
may use at their discretion, the right to cut off that person. The security person had the right to remove
any person who possesses a security risk.
8. There shall be a maximum of 4 drink tickets over the course of an event distributed to anyone
member/guest. One 12 oz container of beer or 1 once of spirits shall constitute a drink. The rule of
thumb is 4 glasses of beer or 3 ounces of spirits over the course of a three-hour event. ANY
OVERAGE OF ALCOHOL MUST BE STORED IN A LOCKABLE AREA immediately following a
party for future events.
9. Security reserves the right to close down any party or event if they believe there is a potential for a
security problem.
Neill-Wycik Air Conditioning Policy
1) All A/C' s require a proper platfonn to support the A/C.
2) A solid piece of Plexiglas or wood is required to be installed above the A/C.
3) All AlC vents need to be exhausted to the outside of the building.
4) All AlC units are required to be inspected by the Maintenance Dept; A/Cs not properly installed
will be removed by the Maintenance Dept.
5) Members will be charged $10 per month in the summer (June, July, August, and September) for
partial recovery of extra hydro costs.
A Member who is not sure how to install an A/C safely can:
1) Hire a Company to install it for them.
2) Have the Maintenance Dept. build and install proper platfonn and A/C.
The member charge to build and install the platforms and A/C units will be listed in the fee schedule.
Approved by the Board of Directors on February 27,2007
Approved by the General Members on March 21, 2007
Amended by the Board of Directors on July 12, 2010
Approved by the General Members on March 24,2011
(
f
a) If the incident or complaint is on human rights grounds, the co-op will
follow the process set out in the Human Rights By-law (include if the co-
op has adopted a human rights by-law)
b) An incident report or a complaint must be in writing and signed by the
person filing the report or making the complaint unless this is
unreasonable. The report or complaint should be given to the co-op
manager. If the report or complaint is about the manager it can be given to
the President. If the report or complaint is about both the manager and the
President it can be given to any director.
c) The co-op will designate a person to look into the incident or complaint.
This position may be called the Incident Investigator or the Complaints
Officer. The designated person mayor may not be a director or a staff
member and may be from outside the co-op.
d) The designated person may be authorized to consult the co-op lawyer.
Where there is a possible legal liability on the part of the co-op, the co-op
lawyer will be consulted before proceeding further.
e) The investigation into the incident or complaint will include interviews with
the parties and any others that may have knowledge of the incident or
complaint. The investigation may include a review of co-op files and
inspection of parts of the co-op as necessary. The designated person will
submit a written report to the board.
f) The board will consider the report and take the appropriate action where
there is evidence of violence or harassment. In determining the action to
take, the board will consider the seriousness of the acts. Possible actions
include:
" a letter of apology or a performance agreement, if the parties will agree
to these;
o mediation between the parties or mandatory counseling;
o proceedings to remove someone from the board if the person at fault is
a director;
o reprimand, suspension or dismissal if the person at fault is a worker, in
accordance with the collective agreement;
o eviction, if the person at fault is a resident of the co-op. However, in
determining what to do, the board will be guided by the eviction
process;
establishing appropriate security measures as part of the workplace
violence and harassment program.
8. Privacy
As far as possible, the co-op will keep all information relating to an incident or
complaint confidential.
However, in order to investigate an incident or complaint, the person
conducting the investigation may have to interview people in order to get at
the facts. As far as possible in doing these interviews, that person will try to
protect the identity of those involved, but this will not always be possible.
BY-LAW 36 PAGE 4
(
a statement or behaviour that is reasonable for a worker to interpret as a
threat to exercise physical force against the worker, in a workplace, that
could cause physical injury to the worker.
4. Definition of Worker
For the purposes of this by-law, a worker means a person who performs work
or services for monetary compensation at the co-op and includes all full-time
and part- time employees, casual workers, individual contractors and
employees or staff of any contractor or service provider carrying out business
for the co-op.
5. Rights and Duties
5.1 Workers' Rights
Workers have a right
(a) to report an incident of violence or harassment or file a complaint
without fear of retaliation;
(b) to be told about the co-op's process for looking into the incident or
complaint;
(c) to choose a person to be with them during meetings about the incident
or complaint. This can be a lawyer or other person;
(d) to get information about the review of the incident or complaint;
(e) to be treated fairly while the co-op is looking into the incident or
complaint;
(f) to get information about the action taken by the co-op because of the
incident or complaint;
(g) to refuse work if the worker has reason to believe that workplace
violence is likely to endanger himself or herself.
5.2 Workers' Duties
a) Workers have a duty to report any incidents of violence or harassment
they become aware of, even if they are not personally involved.
BY-LAW 36 PAGE 2
(,
I
TABLE OF CONTENTS
r'"
1 By-law Statement 1
2 Purpose of By-law 1
3 Definition of Workplace Violence and Harassment 1
4 Definition of Worker 2
5 Rights and Duties 2
5.1 Workers' Rights 2
5.2 Workers'Duties 3
5.3 Rights of the Person Accused of Violence or Harassment 3
5.4 Duties of the Person Accused of Violence or Harassment 3
6 Reporting Workplace Violence 3
7 Investigating Incidents and Complaints 4
8 Privacy 5
9 Action by the Co-operative 5
('
..
10 Other Legal Rights 5
/
00000000000000000000000000000000000000000000000000000000000000
The above occupancy fees include the Social Activity Fees of $72/year (or equivalent of $6/month) per
authorized occupant.
3. In a shared unit, if more than one Member is authorized to occupy the unit, each shall be jointly and severally liable for
all monies payable pursuant to this agreement.
COMMON AREAS AND FACILITIES
4. So long as the Member retains the rights and license as set out in paragraph 1 above he/she shall have the right and license to use the
common lounge, washroom, dining areas, and other facilities within the Suite of which his/her Room may form a part in common with
other Members occupying rooms within the same Suite, subject to paragraph 5, he/she shall have the right and license in common with
other Members of the Co-operative to the use and enjoyment for their intended purposes of the common areas and facilities within the
building.
PAGE 1 OF4
(
00000000000000000000000000000000000000000000000000000000000000
Acknowledgement of Pet & Hours Policy Initial Below
I acknowledge that a requirement of living in a student housing co-operative is the completion of two (2) volunteer
hours per month, in a manner approved by the Board. Per By-Law #35, ArtiCle 3.2
I acknowledge that I am aware of Neill-Wycik's pet policy, which does not allow pets in multi-units- particularly cats.
I understand that I will be required to remove any pet that does not meet the requirements of the policy.
Per By-Law #35, Article 5.2, Schedule "B" Rules and Regulations
EMERGENCY CONTACT: Name
Address
Phone
PAGE4of4
D
D
00000000000000000000000000000000000000000000000000000000000000
OVER HOLDING
6. It is agreed that if the Member remains in occupation or possession of the premises after his/her membership and occupancy rights
have been terminated; without written agreement to the contrary, he/she shall do so as a Licensee at the will of the Co-operative, and
all of the terms and conditions of this agreement so far as applicable, shall remain in effect, and a fee of double the monthly rate of
occupancy fee hereunder, shall be payable by him/her in advance on the first day of each and every month. The license may be
terminated upon two days written notice given by either the Co-operative or the Licensee and a per diem adjustment in the fee shall be
made by the Co-operative.
PREMISES FOR RESIDENTIAL PURPOSES ONLY
7. The Member shall occupy the unit covered by this agreement only as a private dwelling for himself/herself and for no other purposes.
MEMBER'S OBLIGATIONS
8. The Member shall not permit or suffer anything to be done or kept in the building which will obstruct or interfere with the rights of other
occupants. The Member will not behave in any fashion that will unreasonably interfere with the enjoyment of other occupants or will
annoy them by unreasonable noise or otherwise, nor will he/she commit or permit any nuisance on the premises or commit or suffer
any illegal act to be committed thereon. The Member shall comply with all of the requirements of the Health Authorities and of all
other governmental authorities with respect to the said premises.
PAGE 2 of4
00000000000000000000000000000000000000000000000000000000000000
termination of membership and of this agreement shall take effect on the date specified by the Board of Directors in its Resolution,
which date shall not be less than ten days after the hearing, and on that date, the Member's rights and duties under this agreement
(except duties with respect to past defaults) shall cease and vacant possession shall be given to the College. Occupancy fees paid (1""
shall be adjusted on a per diem basis to the date of actual delivery of possession, provided that if the Member remains in possession
after the date specified, an amount equal to twice the daily rate of occupancy fees hereunder shall fall due daily during such
possession.
The failure on the part of the Co-operative to avail itself of any remedies given under this agreement shall not waive or destroy the
rights of the Co-operative to avail itself of such remedies for similar, continuing or other breaches on the part of the Member.
LIABILITY FOR DAMAGE OR LOSS
19. The Co-operative shall not be liable for any damage to property entrusted to employees of the Co-operative or loss of any
property by theft or otherwise. The Co-operative shall not be liable for any injury or damage to persons or property resulting from
falling plaster, steam, gas electricity, water or any substance which may leak from any part of the said building or from the pipes,
appliances or plumbing works of the same or from the street or subsurface or from any other place or by dampness. The
Member agrees to indemnify the Co-operative and save it harmless from any and all liability to person or property ariSing from
injury occasioned wholly or in part by any act or omission of the Member or of his/her family, guest, servants or agents.
PAGE 30f4
(
00000000000000000000000000000000000000000000000000000000000000
Dated at _____ , this ___ day of ___ , 20_
Per:
Member
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BY-LAW 35
00000000000000000000000000000000000000000000000000000000000000
By-Law No. 35
Schedule "M"
CONFLICT OF INTEREST POLICY
INTRODUCTION
Whenever employees or members find themselves in a conflict of interest due to financial or self-
interest situations, they must disclose the conflict and abstain from voting or otherwise behaving in
any way that might compromise her/himself.
In the case of a conflict of interest involving an individual member of the Board of Directors, the
individual must appeal to the rest of the Board of Directors for supervision. The Board of Directors will
determine whether a director who has declared a conflict of interest should be required to excuse
himself or herself from any discussion of the issue.
By 'conflict of interest' we mean:
i)
ii)
CONTRACTS
any situation where employees/members have an interest which, if pursued, might
prevent them from meeting their obligations to serve the interests of the Co-operative;
or
situations where employees/members have side interests substantial enough to
potentially affect their incjependent judgment, or the independent judgment of a typical
person in their situation, in serving the interests of the Co-operative.
In awarding a contract to a person or firm, if a group makes the hiring decision, and an individual in
the group is in conflict of interest, then that individual must abstain from voting during the hiring
process. He may, however, participate in the discussion.
If an individual normally makes the hiring decision, and that individual is in conflict of interest, then the
hiring decision must be made by her/his supervisor(s).
EMPLOYEES
Staff are expected to comply with the conflict of interest policy. Members can be employed as staff
provided they are not members of the Board of Directors.
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BY-LAW 35
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c)
d)
e)
f)
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two cheques returned, payments must be made by certified cheque or money order for a
period of six months.
Room/apartment transfers are not allowed to members in arrears unless authorized by the
Board or its' designate to reduce arrears.
Parking will not be granted to members in arrears.
Members who have entered into a Rental Loan Agreement (attached as Schedule ilL") with
the Co-operative and have" to date, totally honoured that agreement will not be subjected
to the penalties attached to being in arrears by this by-law.
Directors or members of a Committee who are in arrears will be considered to have a
conflict of interest when voting on any issues of arrears policy or individual arrears cases,
Penalties for Arrears
In conjunction with the above listed restrictions on members in arrears and the definition of arrears, as
a genuine pre-estimate of costs incurred by the Co-operative in processing late payments of charges
due, the member shall pay a late payment charge according to the fee schedule and as follows:
a) For members in four-, five-, and six-person units during the school year, the following
penalties shall be enforced if the member is in arrears:
i) The first time a member is late, the member must pay a late fee.
ii) The second time a member is late, the member must pay a late fee and be required
to pay that month by certified cheque or money order.
iii) The third time a member is late, the member must pay a late fee and make all
future payments by certified cheque or money order.
iv) The fourth time a member is late, the member must pay a late fee, pay the
remainder of the term immediately by certified cheque or money order and lose
monthly payment status (if applicable).
v) The fifth time a member is late, the member will automatically be served with a
Schedule "F", to appear before the Board for possible eviction.
b) For members in two-person units/apartments and for all members during the summer, the
following penalties shall be enforced if a member is in arrears:
c)
d)
i)
ii)
iii)
iv)
v)
The first time a member is late; the member must pay a late fee.
The second time a member is late, the member must pay a late fee and be required
to pay that month by certified cheque or money order.
The third time a member is late, the member must pay a late fee and make all
future payments by certified cheque or money order.
The fourth time a member is late, the member must pay a late fee, and continue to
pay all payments by certified cheque or money order.
The fifth time a member is late, the member will automatically be served with a
Schedule "F", to appear before the Board for possible eviction. . -
Each September, members will be granted the opportunity to start again at stage (i) of the
arrears process as outlined above, provided they have not reached stage (v) at any time.
Members' arrears history will still be considered if the member is applying for monthly
payment status.
Exceptions may be made to the above penalties if a member pleads special circumstances
to the Bookkeeper before the payment is due and they have had a good record to date.
These exceptions include, but are not limited to, aSAP delay and pay cheque delay.
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BY-LAW 35
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By-Law No; 35
Schedule "J"
I/We the undersigned member(s) request permission to grant temporary sub-occupancy
rights for the Room/Apartment __ , for which I/We hold the occupancy rights.
I/We understand that the granting of said temporary sub-occupancy rights in no way
relieves me/us of our responsibilities of my/our Occupancy Agreement.
I/We further attest that my/our absence from residency in the Co-operative will be no
longer than four (4) months, and that such absence will not extend past the period of
expiration of the Occupancy Agreement mentioned" herein.
" I/We also agree to complete a Sub-Occupancy Agreement and to pay to the Co-
operative an administration fee of $ __ _
It is also understood that if we post notices of an available sub-occupancy, that such
notices will be affixed to walls by masking tape only.
It is also acknowledged that any sub-occupant must be a member of the Co-operative.
Date of commencement of temporary sUb-occupancy: __________ _
Date of cessation of temporary sUb-occupancy: _" ____________ _
I hereby grant permission for the temporary sub-occupancy requested above, on behalf
of Neill-Wycik Co-operative College, Inc.
P e r , : ~ _________ __
Date
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" BY-LAW 35
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To:
Unit:
Address:
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<<name
unit
By-Law No. 35
Schedule "H"
NOTICE OF EVICTION DECISION
96 Gerrard Street East,
Toronto, Ontario, M5B 1 G7
Take notice that at a meeting of the Board of Directors held on the __ day of __ _
20_, in the City of Toronto, notice of which was duly served on you or given to you,
your membership and occupancy rights in the College were terminated effective on
the day of , 20_.
And take notice that you are required to vacate your premises on or before the __ day
of , 20_. .If you do not, the Co-operative will start a court proceeding against
you and seek an order that you pay the legal costs of the Co-operative.
Dated this ___ day of _____ , 20_.
Per:
~ - - - - - - - - - - - - - - - - - - - - -
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BY-LAW 35
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TO:
UNIT:
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By-law No. 35
Schedule "F"
NOTICE OF PROPOSED TERMINATION
ADDRESS: 96 Gerrard Street East

Take notice that it has been alleged that you have committed the following
breach of the Articles, By-law, Regulations, or Resolution of the Co-operative and/or of
your Occupancy Agreement:
being in violation of By-law No. 33, Article {?}, specifically; {provide a detailed
description of offence}
And take notice that a meeting of the Board of Directors has been set for the { } day of {
{ }, 200{ } at 7:00 P.M. at 96 Gerrard Street East in the second floor meeting room in
the McGill wing in the City of Toronto at which to consider a motion to terminate your
occupancy rights with respect to the above member unit. You do not have to arrive
before 7:05 P.M. It is proposed that your membership and occupancy rights be
terminated on the { }day of { }, 200{ }.
Be advised that you may appeal the Board's decision to the members. Be advised that
you need not vacate your unit but that the co-operative may obtain a writ of possession
following the termination of your membership and occupancy rights.
And take notice that you may appear at such meeting and make representations prior to
such a vote either personally or by agent or counselor both.
Dated this { }dayof { }, 200{}.
Neill Wycik Co-operative College, Inc.
Per:
Board Member/General Manager
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BY-LAW 35
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6.
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If the Occupancy rights of the Member in the Co-operative are terminated, or if
the Member resigns from membership or her/his membership rights are
terminated, the term of her/his Sub-Occupancy Agreement shall be deemed to
end on the day of such termination as shall the Occupancy rights of the Sub-
Occupying Member. No such terminations shall relieve the Member of her/his
obligations during the original term of this Agreement or so long as the Sub-
Occupying Member remains in possession of the Room/Apartment.
7. The Sub-Occupying Member agrees to sign an Agreement to Terminate so that
the Co-operative may regain possession at the end of the term.
8. The Sub-Occupying Member shall be placed on the top of the waiting list for a
similar unit to the one that must be vacated.
Dated at _____ , this __ day of ___ , 20_.
Per:
Member
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BY-LAW 35
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11. Pest Control - Bedbugs
Members must report to the office by work order that they have (or suspect that they have) bedbugs
immediately.
a. Member's Responsibilities
i. To report immediately that bedbugs are present and to bring samples of the bugs to the
maintenance office, securely sealed in a jar or plastic bag
ii. To co-operate with treatment by:
(1) moving furniture if requested by pest control company
(2) drying clothing for the required time to kill bedbugs
(3) staying out of unit following treatment for the required time
(4) removing pets as instructed so treatment can proceed
(5) providing a detailed medical note to the office outlining why they are unable to
prepare their unit for treatment
(6) following any other directions required by the pest control professionals
iii. To prevent bringing bedbugs into the co-op by:
(1) not picking up furniture or household items from the street
(2) preventing cluttering of their unit
(3) drying all used clothing for the time and at the temperature required to kill bedbugs
(4) keeping all bedbug preventative elements in place once installed or provided by the
co-op (e.g. crawl ups under bed legs, covers on beds, caulking around walls, etc.)
(5) complying with other requirements that the Board of Directors might require in a
policy that will be reviewed from time to time as more is learned about preventing
bedbugs and their spread
b. Co-op's Responsibilities
Failure to comply with the requirements above is a serious breach and may be considered by the Board
of Directors to be grounds for eviction. Refusal of treatment will result in eviction.
Members who break this by-law will have to pay for any additional treatment that result from this breach
should there be additional charges for treatment. The co-op will expect payment in full of all costs
incurred. These additional charges may result from:
a. failure to clear furniture away from walls as required
b. allowing guests to stay with you if you reasonably should have known that there was a risk of
them bringing bedbugs with them
c. failure to launder and dry clothing as required
d. failure to allow pest control treatment when notice is given
e. other acts of commission or omission which result in a spread of bedbugs to other units
CERTIFIED to be a true copy of an amendment passed by the board of directors at a meeting held
on the 13
th
day of June, 2011. ,
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BY-LAW 35
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double bagged and brought to the ground floor garbage room.
k) Endangered species, both plants and animals, are not permitted on Neill-Wycik property.
8. City by-laws relating to smoking in public areas shall apply. From time to time, the Board may designate
other non-smoking areas.
10. Visitors of members may stay only under the conditions outlined in Section
7.3 of this by-law.
11. Any action by a member or his/her guest which impedes fire safety in the building, including tampering
with or obstructing fire alarm speakers, discharging a fire extinguisher for reasons other than
extinguishing a fire, deliberately starting a fire, blocking fire exits, propping open unit doors or impeding
building fire procedures will not be tolerated, and criminal charges may be laid.
Amended by the Board of Directors at a duly called meeting April 22, 2002.
Further amendment by the Board of Directors at a duly called meeting September 23,2002. (Highlighted in grey)
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Housing Calendar
January F,ebruary March
Tenn move ins Summer housing charges detennined Summer room assignment
Application review AGM meeting date set/new housing External waiting list started
Move out refunds charges In house room confinnations
Summer in-house re-applications Application revisions Summer occupancy agreements
Wait list update September applications released
April May June
May move packages sent Tenn move ins Deadline for returning re-applications
Summer deposits due Re-app reminders A,B&K September room assignments
Postings re; summer re-application Owners' Manual Review Room continnations
Cafe set-up for May move ins
July August September
September move packages Move info to in-house members Tern1 move ins
September occupancy agreements A, B & K occupancy agreements
Re-keying of multi-units Re-keying of A, B & K's
Cate set-up Review unsigned occupancy
agreements
October November December
Nov/Dec rentals January room assignments January acceptance deadline
Rye Business Exchange move outs
January letter of acceptance out
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BY-LAW 35 PAGE 6
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New Members (full time post secondary student)
a) Date of application. First come, first served.
b) Out of province students may be given preference based on direction of
the Board.
5. Non-Discrimination
Be it noted that, contrary to any provision which is stated here or any amendment which
may be added later, that the provisions of By-law 33, Article 2, section 2.3, namely:
"There shall be no political, religious, or racial discrimination in the selection of members
of the Co-operative", shall prevail and take precedence.
6. Cancellations
6.1 Returning Members
If the returning member cancels on or before the 15
th
of the month prior to
move-in, there will be a cancellation fee per the fee schedule. If the
cancellation is after the 15
th
, the cancellation fee increases to the
equivalent of one month's housing charge.
6.2 New Members
(a) If a new member applicant cancels from the waiting list before
accepting an offer of housing, a full refund will be issued.
(b) If a new member accepts an offer of housing and then cancels on
or before the 15
th
of the month prior to move-in, there will be a
cancellation fee per the fee schedule. If they cancel after the 15
th
,
the cancellation fee increases to the equivalent of one month's
housing charge.
7. Term of occupancy agreement
7.1 Multi Units - C, 0, E, F, H, J, L, M, N, P, W, X, Y
Standard Occupancy Agreements* are arranged as follows:
Fall:
Winter:
Summer:
September 1
st
thru April 30
th
January 1
st
thru April 30
th
May 1 st thru August 31
st
*Alternate occupancy agreements are available based on-scliool requirements.-
Minimum occupancy agreement period is two (2) months.
7.2 A, B & K Units
September 1 st thru August 30
th
as per Occupancy Agreement stipulations that "in
order to rely.,on the expiry date of the term, all
fixed terms must be less than one year".
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BY-LAW 35 PAGE 4
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2.1.2 Members Leaving for the Summer
Re-application forms (for September) must be submitted by June 1 sl with
a deposit of one month's housing charge (based on first choice of room).
The deposit must be made by:
Money order
Certified cheque
Debitll nterac
Visa or Mastercard
2.2 New Members
Applications for new members are available by April of each year for the following year,
which starts in September. They are initially mailed out in April to persons on a mailing
list to ensure fair distribution. The number of completed applications returned will
determine when New Member Applications become available for pick-up. Demand for
housing will vary from year to year. A deposit of one month's housing charge is
required along with completed applications in order to maintain a position on the waiting
list. This deposit is applied to the last month of residence if the applicant accepts an
offer of housing. Summer applications are available upon request. Applications are
processed on a "first come, first served" basis. Applications must be completed as per
instructions or they will be returned to the applicant.
3. Eligibility
Priority is given to full-time students (over 16 years of age with no less than 40% of a
normal full-time course load as defined by the post secondary learning institution they
attend) and returning member's re-applications are given priority over new members
provided procedures outlined in 2.1 and 2.2 are followed. In some circumstances former
members who are not full time post-secondary students may apply for one half of a two-
person unit, provided they were past members in good standing. These applicants must
be approved by the Board of Directors prior to move-in. Applications will not be
accepted from persons who have been trespassed from the building.
Applications may be refused for the following reasons:
a) Incomplete information
b) Room deposit not made by money order or certified cheque
c) Lack of full-time student status
d) Former member not in good standing or trespassed guest.
In the latter case the former member may appeal the decision of the Board delegate by
written request to the Board of Directors. Any member who misrepresents their student
status may have their membership reviewed automatically.
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NElLL-WYCIK CO-OPERATIVE COLLEGE INC.
BY-LAW 35 PAGE 2
12. EXTERNAL MEMBERS
Article 12: EXTERNAL MEMBERS
12.1
Termination of Membership
BY-LAW 35
If a member does not have occupancy rights, his or her
membership may be terminated by the procedure in Section 66
or the Co-operative Corporations Act.
PAGE 26
11. MISCELLANEOUS
Article 11: MISCELLANEOUS
11.1
Subordination
11.2
Time
11.3
Procedural Irregularities
11.4
Partial Invalidity
BY-LAW 35
(a) The rights granted to members in this By-law shall be
subject and subordinate to all mortgages or ground
leases now existing on the Co-operative's property or
those which may be duly entered into in the future by the
Co-operative.
The members shall execute any documents which the
Co-operative or any lender may deem necessary or
desirable to give effect to paragraph.
(b) The Co-operative and each and every officer and future
officer are hereby appointed the irrevocable attorney of
each member for the purposes of executing any
document necessary or desirable under Section 11.1 (a).
Time will be of the essence of this By-law. Accordingly, in the
performance of their duties to each other by the Co-operative
and members, all time provisions must be strictly observed,
except as otherwise provided in this by-law.
respect to any matter dealt with in this By-law or in any of the by-
laws of the Co-operative will invalidate any decision made by the
Board or member, if there has been substantial compliance with
the proVisions of this by-law and if no injustice results. Any
member may waive, in writing or by conduct, any defect in
procedure with respect to any matter dealt with in this by-law.
If any clause or provision of this By-law or any by-law of the Co-
judged invalid, the'same shall not affect the validity of any other
clause or provision of this by-law or any agreement with any
member pursuant to this by-law, or constitute any cause or
action in favour of the Co-operative or any member.
No failure by the Co-operative to enforce any of its rights, and no
condoning or waiver of any particular breach or default, shall
operate to prevent the Co-operative from insisting on its rights
with respect to any other or continued breach or default.
PAGE 24
9.4
Legal Proceedings
9.5
Abandonment
9.6
Applicability of By-law
9.7
Compensation to Co-op
BY-LAW 35
(b) Unless a member unit is vacant, the Co-operative shall
not re-enter or regain possession unless the Co-
operative has obtained a writ of possession under the
If a Room/Apartment has been abandoned, the Co-operative
may enter the Unit and allocate it to another member, or rent it,
and any losses or costs resulting to the Co-operative will be the
responsibility of the abandoning member.
A Room/Apartment will be deemed abandoned if reasonable
inquiry indicates that persons have not been seen entering or
leaving the Room/Apartment for a significant period of time and
if, on entry of the Room/Apartment, it appears vacant by reason
of absence of furniture or other personal belongings other than
items that appear to have been abandoned.
The Co-operative will have no right to terminate the occupancy
rights and membership of a member or to re-enter a Unit unless
it has adhered to the provisions of its by-laws.
Neill-Wycik is entitled to compensation for the occupation of a
member unit after the membership and occupancy rights of the
person occupying the unit have been terminated.
PAGE 22
9.2
Procedure for
BY-LAW 35
(a) The member may appear personally or by agent or
counsel at the meeting and may make representations to
the Board prior to its vote.
If a meeting is adjourned, no new notice is required if the
time and place of the continuation of the meeting are
announced at the original meeting.
(b) If the Board is of the opinion that at least one of the
causes set out in Section 9.1 exists, the occupancy
rights and membership of the member may be
terminated by resolution passed by a majority of those
present and voting at the meeting.
(c)
(d)
(e)
The Board may also decide to terminate membership
and occupancy rights as of the expiry of the member's
Occupancy Agreement. In that case, the Co-operative
will not accept any future applications from the member
for a renewal of occupancy or for a new occupancy.
Such resolution may be in the form of the Board of
Directors Eviction Decision, attached as Schedule
"G".
Such termination of occupancy rights and membership
shall be effective at a date specified in the resolution,
which date shall be a reasonable time after the meeting
The Board may adjourn the determination of whether to
terminate the member's occupancy rights and
membership to a specific future time. It shall not be
necessary to give the member any further notice of any
such future consideration if the member or her/his agent
is present and the time and place of the future meeting is
announced at the original meeting.
If is sees fit, the Board may terminate a member's
occupancy rights and membership on a specific date,
but may resolve that such termination shall not take
effect if the members makes such payments or performs
such acts as the Board may determine on or before such
date. If the member complies with such resolution, then
the resolution terminating her/his occupancy rights and
membership shall be of no further force or effect.
If the occupancy rights and membership of the member
are terminated, a notice of the Board's decision
specifying the day of termination shall be delivered to the
member's Unit or Apartment within five days following
PAGE 20
8. TERMINATION OF MEMBERSHIP AND OCCUPANCY BY MEMBER
8.2
Notice Required
8.3
Failure to Vacate
8.4
No External Membership
8.5
Grounds required to .
terminate expired
membership, etc.
BY-LAW 35
(e)
(a)
Once a member has given such notice, the notice may
not be withdrawn without the consent of the Board or its
delegate. The Board will not be obliged to permit
members to withdraw the notice and the decisions of the
Board to refuse to allow members to withdraw notice will
not be subject to appeal to a general meeting of
members.
Where a member's right of membership and occupancy
in the Co-operative has expired and has not been
renewed in accordance with B.1(a) above, the member
must vacate his/her Room/Apartment on the expiry date
specified in the member's Occupancy Agreement.
(b) Where a member's right of membership and occupancy
in the Co-operative has been terminated by notice from
the member, the member must vacate her/his
Room/Apartment on the date specified in the notice.
(c) If the member fails to vacate the Room/Apartment, the
Co-operative may apply for a writ of possession, and the
Co-operative may take action against the member that
the Board considers appropriate.
The Co-operative need not follow the provisions of
Section 9.1 (Termination on Default), Section 9.2
(Procedure for Terminating Occupancy) and Section 9.3
(Right of Appeal).
Upon termination of membership and occupancy, no rights of
occupancy of membership shall exist. Persons who are not
members in the Co-operative may be granted permission by the
Board of Directors to use the weight room and basketball facility,
on terms and conditions. Such persons will be required to pay
the Co-operative a monthly fee for such use of the weight room,
as set out in the fee schedule.
Membership and occupancy rights of a member with an
Occupancy Agreement with a term of one year may not be
terminated on the ground that the term has expired.
PAGE 18
7.8
Consent to Assignment
7.9
Principal Residence
7.10
Commercial Tenants
7.11
No Key Money
7.12
Hotel is Designated
BY-LAW 35
possessions of or disposing of a Unit if it refuses consent where
the proposed transaction would be in favour of a non-member or
would violate any provision established by the Co-operative in
relation to waiting lists or any other provisions of the Co-
operative's by-laws.
A Room/Apartment allocated to a member must be used as her
or his principal residence. The Board may proceed to terminate
the member's occupancy rights under Article 9 (Termination of
Occupancy by Co-op) if the Board determines that the
Room/Apartment is not the member's principal residence.
If the Co-operative has any tenants occupying any property
owned by it for other than residential purposes, this by-law will
not apply to the relationship with them, and the relationship will
be governed by whatever lease or tenancy agreement has
been entered into between them and the Co-operative.
No person shall accept compensation for the withdrawal of
membership by a member of for the giving up of possession of
a member unit by such a member other than,
(a) compensation for amounts owed to the member by the
co-operative; or
(b) compensation for furnishings or improvements made
by the member if the compensation if reasonable and
is approved by the Board of Directors.
(a)
(b)
(c)
The Board of Directors may designate one or more
housing units as non-member units.
The Board may revoke a deSignation as a non-
member unit, including a designation deemed to have
been made under Co-operative Corporations Act,
section 171.5, but the designation of an occupied unit
may be revoked only if all the occupants who are at least
sixteen year old consent.
The Board is authorized to appoint a committee
consisting of at least two directors to make and revoke
such designations of non-member units, on the advice of
the President or General Manager.
PAGE 16
Article 7: OCCUPANCY BY MEMBERS
7.1
No Strangers
7.2
Persons Under Sixteen
7.3
Guests
7.4
Roomer, Boarders, Etc.
BY-LAW 35
When a Room/Apartment has been allocated to a member or
members, no person other than the member or members may
occupy the Room/Apartment, except as provided in this Article.
Persons under sixteen year of age may occupy an Apartment as
part of a member's household.
Persons under sixteen years of age may occupy a Unit with 2
Rooms (a "B Unit") as part of a member's household if the
member obtains the written permission of the unitmates.
When any such person turns sixteen, s/he shall apply for
membership in the Co-operative and, if accepted, shall sign an
If not accepted, s/he may continue to reside with his/her
household and the members occupying such Unit/Apartment
shall continue to be responsible for her/his behaviour within the
Co-operative.
(a) No member shall have any guests in her/his
Room/Apartment or in any Unit common area, without
consent of the unitmates, such consent not to be
unreasonably withheld.
(b) No guest shall stay for more than an aggregate of ten
days without the permission of the Board or its
delegate.
If permission if refused, the guest(s) shall cease to
occupy the Room or Unit or Apartment on such a date
as the Board or its delegate may determine and any
continued occupancy after that date shall be
considered a default by the members occupying the
Room/Apartment.
(c) All guests are required to sign in and provide appropriate
identification at the front desk each time they enter the
building. Where guests are unable to produce
acceptable identification, a member may sign on their
behalf, at the discretion of security staff.
No member shall have a roomer, boarder or other person
sharing the Room/Apartment with her/him unless such person
has been granted short-term guest status in accordance with
Schedule "N" or has applied for membership in the Co-operative
and been accepted and allocated the Room/Apartment on a
sharing basis. If accepted, such person must sign the
PAGE 14
6. ALLOTMENT OF ROOMS/APARTMENTS
Article 6: ALLOTMENT OF ROOMS/APARTMENTS
6.1
Membership Policy
6.2
6.3
Damage by Fire
BY-LAW 35
In allotting Rooms/Apartment to new members and changing
Rooms/Apartments within the Co-operative, the Board or its
designate shall act in accordance with the Membership Policy
attached as Schedule "A":
The Co-operative shall maintain a waiting list of members
occupying Rooms/Apartments of the Co-operative who have
indicated a desire to change their Rooms/Apartments.
As suitable Rooms/Apartment become available, priority shall
accordance with the Membership Policy, attached as Schedule
"A", but the Board or its delegate may either depart from the
order on the internal waiting list or the external waiting list or give
a particular person on the external waiting list priority over a
member on the internal waiting list, if there is good reason to do
so(subject to appeal, in the case of a member, to the Board).
(a)
(b)
(c)
If an Room/Apartment in the Co-operative is damaged
by fire or other casualty and such damage is minor, the
Room/Apartment shall be repaired by the Co-operative
as quickly as possible and there will be no reduction in
housing charges.
If the damage is serious so that in the opinion of the
Board it is not desirable to repair the Room/Apartment or
the building in which itis situated, then the member's
right to occupy the Room/Apartment shall be terminated
and charges shall cease effective the day of the fire
or casualty.
If the damage is such that the Room/Apartment is no
longer habitable, but the Co-operative intends to repair
the Room/Apartment, then the member's right to occupy
the Room/Apartment shall be terminated and charges
shall cease effective the day of the fire or casualty, and
in addition to the priority on the waiting list referred to in
subparagraph (e), such member shall have a further
right to reoccupy the damaged Room/Apartment when it
is repaired, unless' in the meantime s/he has elected to
accept another Room/Apartment.
PAGE 12
5. USE AND BEHAVIOUR
Article 5: USE AND BEHAVIOUR
5.1
Private Residences
5.2
Nuisance!
Rules and Regulations
5.3
Privacy
BY-LAW 35
Room/Apartment and Units shall be used only as private
residences for members and their immediate families, and for
other persons in accordance with this by-law, and for no other
purpose, saving only those uses deemed appropriate by the
Board.
(a) Members shall not behave in any fashion that may
unreasonably interfere with the enjoyment of other
members, molest, annoy or harass other members or
employees of the Co-operative, or make a complaint or
complaints which are frivolous or without merit against
other members or employees of the Co-operative, nor
shall they commit or suffer any illegal acts to be
committed within the Room/Apartment or Unit or on the
common elements.
(b) The Rules and Regulations of the Co-operative are
attached as Schedule "8".
(c) The Rules and Regulations of the Co-operative may be
amended from time to time by the Board of Directors to
reflect the specific needs and concerns of the Co-
operative and its members.
They shall be observed by all members and the Co-
operative.
(d) Failure to comply may result in termination or non-
renewal of occupancy rights and/or other consequences
deemed appropriate by the Board of Directors.
(a) The Co-operative or anyone on its behalf shall not enter
any member's Room/Apartment without the member's
permissions except in the case of emergency or except
as set out in subparagraph (b).
(b) Persons designated by the Board shall be permitted to
enter any Room/Apartment on twenty-four hours
written notice for a regular maintenance inspections, and
for any special inspections for maintenance and repair
purposes that may be authorized by the Board, or as
may be required in connection with any insurance policy
or appraisal of the Co-operative property, or for such
other reason as the Board may determine.
The delivery of the notice to the door of the
Unit/Apartments or to the Unit/Apartment mailbox shall
be deemed sufficient method of delivery to the Rooms in
that Unit or to that Apartment.
PAGE 10
3.8
Additional Charges
3.9
All Charges are
Housing Charges
BY-LAW 35
(a)
Such charges shall include returned cheque charges,
collection charges, and the actual legal fees (as between
a solicitor and his/her own client and as settled by the
Co-operative) or the Co-operative incurred in enforcing
its rights.
If such tax, charge or expense is a regular recurring
payment, the member's housing charge shall be
All charges, including those referred to in section 3.8
(Additional Charges), which may become due and
payable will be deemed to be housing charges and the
remedies available to the Co-operative for dealing with a
failure to pay housing charges will apply to a failure to
pay any of them.
Failure to pay any charges will be considered a failure to
pay housing charges under the provisions of the Co-
(b) The acceptance of housing charges or any other
payments by the Co-operative subsequent to any default
in payment of housing charges or any other default by
the member will not be deemed to be a waiver of the
default, whether or not the Co-operative had knowledge
of the default at the time of the acceptance of the
payment.
No payment by the member, or receipt by the Co-
operative, of any housing charges or any other sum from
the member, not any endorsement or statement on any
cheque of letter accompanying payment, not any other
statement will be deemed to be an "accord and
satisfaction" or operate as a waiver or be deemed to
waive any of the Co-operative's rights with respect to the
amount actually owing.
The Co-operative may, with or without notice to the
member, accept such cheque or payment without
prejudice to its rights to recover the balance actually
owing or to pursue any other remedy available to it.
PAGE 8
Article 3: MEMBER CONTRIBUTIONS
3.1
Payments
3.2
Participation
3.3
Housing Charge
(a) Each member shall pay the following housing charges
which include but are not limited to:
o monthly or term housing charge
o final month's housing charge
o education and social activity fee
o maintenance deposit
o parking and telephone charges
charges as applicable and as detailed on the fee
schedule which is attached to the annual budget, and
posted in the housing office
o additional charges which may be payable because of
the member's Separate School support, or her/his
breach of any of his/her obligations under this By-law.
(b) All payments shall be made in accordance with the
Payments and Arrears Policy, attached as Schedule "K".
(a) Each member is obligated to participate in the activities
in the Co-operative; and in particular, shall attend each
meeting of members unless s/he is reasonably unable to
do so.
(b) Each member shall, unless excused by the Board, give a
minimum of service to the Co-operative, choosing
her/his own area of involvement (other than the
maintenance responsibilities relating to his/her
Room/Apartment and/or Unit). Members who choose
not to participate may pay a fee (per fee schedule) in lieu
of volunteer work.
(c) The Co-operative has adopted a general policy on
participation, attached to this by-law as schedule P.
(a) The monthly or term housing charge shall be set in
accordance with By-law 34, Article 7 (Meeting of
Members), and Article 4 of this By-law.
It shall be paid in such manner and at such place as the
Board may direct.
The monthly or term housing charge shall include, but is
not limited to the following: mortgage payments,
municipal taxes, electricity, gas, water and sewage
service, insurance on the buildings and Co-operative
assets only, Co-operative administration, repairs and
maintenance, reserves, contingencies, and other items
duly approved by the Board.
BY-LAW 35 PAGE 6
1. ABOUT THIS BY-LAW
Article 1: ABOUT THIS BYLAW
1.1
PRIORITY
1.1.1
Priority of
This By-law
1.1.2
Conflicting By-laws
1.1.3
Authority of this By-law
1.2
DEFINITIONS
1.2.1
Meaning of Apartment
BY-LAW 35
(a) This by-law shall have priority over any other by-law of
the Co- operative and any by-laws, resolutions, or
policies previously passed are hereby repealed or
amended to give effect to the provisions of this by-law.
(b) Wherever there is a conflict between this by-law and any
other by-law, resolution, policy, agreement or oral
statement of the Co-operative, this by-law shall govern,
(c)
. except for a by-law passed subsequent to this by-law,
which expressly supersedes this by-law.
No one has any authority to commit the Co-operative to
any term of occupancy or agreement respecting
occupancy, except in accordance with this by-law.
In this by-law, "Apartment" means a self-contained dwelling unit
financially for it.
PAGE 2
2. MEMBERSHIP AND OCCUPANCY
Article 2: CO-OPERATIVE'S RELATIONSHIP WITH MEMBERS
2.1
Membership
2.2
Admission of Members
to Occupancy
2.3
Terms of Occupancy
2.4
Non-Member
Occupants
BY-LAW 35
(a) The Board of Directors may accept persons having the
qualifications set forth in the Membership Policy,
attached as Schedule "A", for membership in the Co-
operative.
(b) The membership of such persons shall commence on
the effective date approved by the Board.
Where a person has been accepted for membership and
allocated a Room/Apartment in the Co-operative, such person
shall sign the Occupancy Agreement, attached as Schedule
"0", and make all payments required by the by-laws. The
provision of this paragraph may be waived only in exceptional
The terms of occupancy of Rooms/Apartments in the Co-
operative by members shall be those set out in the Charter,
By-laws, Rules and Regulations, and Occupancy Agreement of
the Co-operative. The Co-operative, its officers and members
shall observe all the terms of the Charter, By-laws, Rules and
Regulations, and Occupancy Agreement and be bound
thereby (whether or not any particular member has signed an
Occupancy Agreement).
(a) This by-law shall apply to all occupants of member units.
(b) If the Co-operative has any hotel guests, commercial
tenants, or residential tenants in non-member units, the
relationship between the Co-operative and such persons
shall be on the basis of leases or contractual
arrangements entered into between them and the Co-
operative, with the approval of the Board.
In granting such leases, dealing with such persons, or
PAGE 4
0000000000000000000000000000000000000000000000000000000000000000000000000000000
BYLAW 2:
4.
Delegate
Powers
5.
ISSUE OF SECURITIES
Delegate to such one or more of the officers and
Directors of the College as may be designated by the
Directors all or any of the powers conferred by the
foregoing clauses of the By-law to such extent and
in such manner as the Directors shall determine at
the time of each such delegation.
Secure Against Loss Give indemnities to any Director or other person who
has undertaken or is about to undertake any liability
on behalf of the College, and to secure such Director
or other person against loss by giving him/her a
mortgage or charge upon the whole or any part of
the real or personal property of the College.
PASSED by the Directors and sealed by the College's seal, the 22nd day of April
1970.
000000000000000000000000000000000000000000000000000000000000000000000000000000000
BYLAW 2 PAGE 2
( ... -
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1.

member may terminate his occupallQ..._Jn the College by giving

visions of By-law No.1, Paragraph 3, namely: "There shall be no

dance with the By-laws or the Schedules to the By-laws.

Co-operative Corporations Act, he shall be deemed to have giv'en

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