Eviction
The Board of Directors can evict a Member if the Member has broken the by-laws in a way the Board considers serious, or someone the Member is responsible for under the by-laws has done so.
 
This includes repeated serious breaches of the by-laws even if the situation was corrected after notice was given.
 
Notice to Appear
a) A Notice to Appear must be given to a Member before the Board of Directors can decide to evict the Member. It must be given at least ten days before the Board meeting where it will be considered. 
b) A Notice to Appear under this Article must contain the information in Schedule E attached to this by-law. 
c) When a Notice to Appear is given to a Member, it should include copies of any written materials that the Board of Directors may consider at the meeting. Examples would be a report from the Manager on the background and letters of complaint from others. The name of the person who complained, and details that could identify that person, can be deleted if reprisals are a possibility or for other good reasons. Irrelevant parts of the written materials may be deleted. Correspondence and notices between the Co-op and the Member do not have to be included. 
d) The proposed termination date in the Notice to Appear will be ten days after the Board meeting or later. 
 
Deciding to Give a Notice to Appear
a) The Board of Directors can decide to issue a Notice to Appear. When making this decision, the Board must not prejudge the situation. It cannot make any conclusion about evicting without following the Notice to Appear process in this by-law. 
b) When a complaint is received by the Board of Directors or staff, or when the Board or staff becomes aware of any problem, it may be dealt with under other by-laws, such as a Human Rights by-law or a Member Relations by-law, if the Co-op has those by-laws.  In addition the Board can decide to issue a Notice to Appear instead of following the procedures in other by-laws that could be applicable. 

Limits of Action by Co-op
a) The Co-op does not have to issue a Notice to Appear or take other action to deal with harassment, violence, illegal acts or other behavioural issues, even if they are a breach of this By-law. The same applies to other breaches of this by-law or other Co-op by-laws.  The Board of Directors has to consider things like: 

• the evidence available as to what happened

• the appropriateness of eviction as a response

• the costs involved in evicting someone.

 
b) The Co-op has no liability to anyone for misbehaviour by a Member or anyone else, even if the misbehaviour is a breach of this by-law. An exception is that the Co-op could have liability if the person is acting officially on behalf of the Co-op.