Can a member be expelled or removed from an Ontario not-for-profit corporation?
Yes, but only through a process the corporation has actually built into its by-laws. ONCA allows a not-for-profit corporation's by-laws to set out grounds for suspending or terminating someone's membership — such as conduct that harms the organization, non-payment of dues, or failure to meet membership conditions — along with a fair process for doing so. Without that groundwork in the by-laws, a board that simply votes to kick out a member it dislikes is on shaky legal footing.
A defensible process generally means giving the member notice of the reasons for the proposed expulsion and a genuine opportunity to respond before a final decision is made, rather than presenting expulsion as already decided. ONCA does not dictate every detail of that process, which is exactly why well-drafted by-laws matter — vague or missing provisions leave the board exposed if an expelled member challenges the decision.
Membership disputes are one of the more common flashpoints in volunteer organizations, often tangled up with personal disagreements. Following the corporation's own documented process carefully, and keeping a clear record of what happened and why, is the best protection against a court later finding the expulsion improper.
Key takeaways
- Member expulsion must follow a process set out in the corporation's own by-laws.
- A fair process generally requires notice of the reasons and a chance to respond.
- ONCA doesn't prescribe every detail, so well-drafted by-laws matter.
- Clear documentation protects the corporation if an expelled member later challenges the decision.