Member Discipline & Expulsion

Whether you are removing a member or have been removed, the questions are the same: what the by-laws allow, whether the procedure was followed, and whether a court can look at it.

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SuspensionExpulsionBy-LawsFair ProcessReinstatement

An expulsion that follows the by-laws is hard to undo. One that does not is hard to defend.

The Short Answer

Can a non-profit expel a member?

Generally yes, if the articles or by-laws give that power and it is exercised in the manner they set out. The federal Act requires the by-laws to state the circumstances and the manner in which members can be disciplined or removed. Whether a court will review an expulsion depends on whether a legal right is affected: incorporated organisations and unincorporated associations are treated differently.

FOR ORGANISATIONS

Doing It Properly

Before disciplining a member, confirm the power exists, identify the body entitled to exercise it, give the member notice of what is alleged and a genuine opportunity to respond, and record the decision and the reasons. Most expulsions that fail do so on procedure, not on the underlying conduct.

FOR MEMBERS

If You Have Been Removed

Start with the documents: the by-laws, any notice you received and the minutes of the decision. For an incorporated non-profit, the statute and by-laws may give you enforceable rights. For an unincorporated association, the Supreme Court of Canada has held that courts intervene only where a legal right such as a contract or property interest is at stake, and that a constitution alone does not create one.

Even where a court would not intervene, a negotiated or mediated outcome such as reinstatement on terms is often achievable.

RESOLVING IT

Mediation Before Litigation

Expulsion disputes are personal and often involve people who will keep meeting each other. Mediation lets both sides address what actually happened, and can produce outcomes a court cannot order, such as a written apology, a changed role or an agreed statement to members.

THE OPTIONS

Suspension, Expulsion or Something Less

Expulsion is the most serious step an organisation can take against a member, and it is not always the right one. Depending on the by-laws, an organisation may be able to issue a warning, remove a member from a particular role or committee, or suspend membership for a period. A proportionate response is easier to defend and more likely to keep the peace.

Where a member’s conduct raises safety concerns, interim steps such as a temporary suspension pending a decision may be appropriate, provided the by-laws permit them and the member is told why.

FAIR PROCESS

What a Fair Process Looks Like

The by-laws set the minimum. Beyond them, a process that is fair in substance is harder to attack and more likely to be accepted:

Written notice of what is alleged, with enough detail to respond.
Access to the material the decision-makers will rely on.
A genuine opportunity to respond, in writing or at a meeting, within a reasonable time.
Decision-makers without a personal stake in the outcome.
A written decision with reasons, and notice of any internal appeal the by-laws provide.

STAFF AND VOLUNTEERS

Different Rules

Staff are employees, and removing them is governed by employment law rather than the membership provisions of the by-laws. Volunteers usually fall under the organisation’s policies. Where one person is both a member and an employee or volunteer, each relationship needs to be dealt with under its own rules.

AN EXAMPLE

An Expulsion Without a Hearing

A cultural association expels a long-standing member after complaints about social media posts criticising the board. The member learns of the decision by email and is given no chance to respond, although the by-laws require notice and an opportunity to be heard.

The association is incorporated, so the member has rights under its by-laws. Faced with a decision that did not follow its own procedure, the board agrees to set it aside and hold a proper hearing. At mediation beforehand, the member agrees to remove the posts and the board agrees to a written process for future complaints. No hearing proves necessary.

An illustration only. The organisation, people and details are invented, and every real dispute turns on its own documents and facts.

WORKING WITH US

How an Engagement Works

We start with a conflict check, because in a close-knit organisation the other side may be someone the firm already knows. Once that is clear, an initial consultation lets us understand what has happened and what you need.

We then agree the scope of the work and the fees in writing before anything else is done. For many non-profit disputes, the first step is a defined piece of work: a review of the governing documents and a written opinion on what they require. That often shows whether the dispute can be resolved quickly or needs mediation, arbitration or court.

We meet clients at our Toronto, North York, Mississauga and Oakville offices or by video, and we work in 13 languages. Boards often prefer video meetings so that several directors can attend together.

Sources

Where This Comes From

Last updated September 2026. Published by Lexaltico LLP, Toronto.

General information

This page is general information about Ontario and Canadian law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Rules change, and whether any option is available to you depends on your own circumstances.

Non-profit and charity disputes

Common Questions

Frequently Asked Questions

Do we have to give a member a hearing before expelling them?

The by-laws usually set the process. Where they require notice and an opportunity to respond, skipping it is the most common reason an expulsion fails.

Can an expelled member still attend services or events?

That depends on the organisation’s rules and property rights. Restrictions should be handled carefully and proportionately.

Will a court reinstate me?

Only if a legal right is affected and the process breached it. Courts do not review religious questions or decisions of associations where no legal right is engaged.

Is there a time limit to challenge an expulsion?

Delay weakens any challenge. Get advice promptly and keep every document you received.

Can we suspend a member while we investigate?

Often yes, if the by-laws allow it, the suspension is proportionate and the member is told why and for how long.

Do we have to give reasons for an expulsion?

Written reasons are strongly advisable and may be required by the by-laws. They are the clearest evidence the decision was properly made.

Can the member bring a lawyer or support person to a hearing?

That depends on the by-laws and the organisation’s process. Allowing a support person is often sensible.

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