Condominium Act, 1998

S.O. 1998, CHAPTER 19

Consolidation Period: From October 1, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 7, s. 1-12.

Legislative History: 2000, c. 26, Sched. B, s. 7; 2001, c. 9, Sched. D, s. 3; 2002, c. 8, Sched. I, s. 7; 2002, c. 17, Sched. F, Table; 2004, c. 8, s. 46, 47 (1, 3); 2006, c. 17, s. 248; 2006, c. 32, Sched. C, s. 7; 2006, c. 34, s. 7; 2008, c. 7, Sched. A, s. 18; 2009, c. 33, Sched. 2, s. 17; 2009, c. 33, Sched. 6, s. 48; 2009, c. 33, Sched. 17, s. 4; 2009, c. 34, Sched. E; 2012, c. 8, Sched. 9 (But see 2015, c. 28, Sched. 1, s. 158 and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006); 2015, c. 28, Sched. 1, s. 1-146 (But see 2015, c. 28, Sched. 2, s. 82, 2017, c. 20, Sched. 8, s. 147, 2017, c. 33, Sched. 2, s. 79 and 2020, c. 14, Sched. 1, s. 21); 2015, c. 28, Sched. 2, s. 80; 2017, c. 20, Sched. 8, s. 75; 2017, c. 20, Sched. 9, s. 5; 2017, c. 24, s. 74; 2017, c. 33, Sched. 2, s. 75; 2019, c. 7, Sched. 13; 2019, c. 7, Sched. 17, s. 54; 2019, c. 14, Sched. 14, s. 8 (But see 2021, c. 25, Sched. 26, s. 2); 2020, c. 7, Sched. 5 (But see 2023, c. 9, Sched. 7, s. 13); 2020, c. 14, Sched. 1; 2020, c. 36, Sched. 7, s. 301; 2023, c. 9, Sched. 7, s. 1-12.

CONTENTS

 

PART I
DEFINITIONS and interpretation

Definitions and interpretation

1 (1) In this Act,

“administrative agreement” means the agreement described in subsection 1.2 (1); (“accord d’application”)

“annual general meeting” means a meeting of the owners of a corporation held in accordance with subsection 45 (2); (“assemblée générale annuelle”)

“approval authority” means the approval authority for the purposes of sections 51, 51.1 and 51.2 of the Planning Act; (“autorité approbatrice”)

“auditor” means a person licensed as a public accountant under the Public Accounting Act, 2004 who is appointed as an auditor of a corporation under section 60; (“vérificateur”)

“board” means the board of directors of a corporation; (“conseil”)

“building” means a building included in a property; (“bâtiment”)

“by-law” means a by-law of a corporation; (“règlement administratif”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “by-law” in subsection 1 (1) of the Act is amended by adding “or a by-law made under subsection 21.1 (4)” at the end. (See: 2015, c. 28, Sched. 1, s. 1 (2))

“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land but does not include the interest of an owner in the owner’s unit or common interest; (“réclamation”)

“common elements” means all the property except the units; (“parties communes”)

“common elements condominium corporation” means a common elements condominium corporation described in subsection 138 (2); (“association condominiale de parties communes”)

“common expenses” means the expenses related to the performance of the objects and duties of a corporation and all expenses specified as common expenses in this Act, in the regulations or in a declaration; (“dépenses communes”)

“common interest” means the interest in the common elements appurtenant to,

(a)  a unit, in the case of all corporations except a common elements condominium corporation, or

(b)  an owner’s parcel of land to which the common interest is attached and which is described in the declaration, in the case of a common elements condominium corporation; (“intérêt commun”)

“common surplus” means the excess of all receipts of the corporation over the expenses of the corporation; (“excédent commun”)

“condominium authority” means the corporation that the Lieutenant Governor in Council has designated as such under clause 1.1 (1) (a); (“autorité du secteur des condominiums”, “autorité”)

“condominium guide” means a guide that is described in subsection 71.1 (1); (“guide sur les condominiums”)

“condominium management provider”, “condominium management services” and “condominium manager” have the same meaning as in the Condominium Management Services Act, 2015; (“fournisseur de services de gestion de condominiums”, “gestionnaire de condominiums”, “services de gestion de condominiums”)

“corporation” means, unless the context provides or requires otherwise, a corporation created or continued under this Act; (“association”)

“declarant” means a person who owns the freehold or leasehold estate in the land described in the description and who registers a declaration and description under this Act, and includes a successor or assignee of that person but does not include a purchaser in good faith of a unit who pays fair market value or a successor or assignee of the purchaser; (“déclarant”)

“declarant affiliate” means a body corporate with or without share capital, whether or not this Act applies to it, that is related to a declarant by reason of being deemed to be,

(a)  a subsidiary of the declarant under subsection 1 (2) of the Business Corporations Act,

(b)  a holding body of the declarant under subsection 1 (3) of the Business Corporations Act, or

(c)  affiliated with the declarant under subsection 1 (4) of the Business Corporations Act; (“membre du même groupe”)

“declaration” means a declaration registered under section 2 and all amendments to the declaration; (“déclaration”)

“deed” includes a transfer under the Land Titles Act; (“acte scellé”)

“delegated provisions”, when used in connection with the condominium authority, means the provisions of this Act and the regulations that the Lieutenant Governor in Council specifies under clause 1.1 (1) (b) and of which the administration is delegated to the condominium authority under subsection 1.1 (3); (“dispositions déléguées”)

“description” means a description registered under section 2 and all amendments to the description; (“description”)

“encumbrance” means a claim that secures the payment of money or the performance of any other obligation and includes a charge under the Land Titles Act, a mortgage and a lien; (“sûreté réelle”)

“freehold condominium corporation” means a corporation in which all the units and their appurtenant common interests are held in fee simple by the owners; (“association condominiale de propriété franche”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2017, c. 33, Sched. 2, s. 75 (1))

“guarantee fund” has the same meaning as in subsection 2 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017; (“fonds de garantie”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (9))

“improvement” means, in relation to a unit,

(a)  any part of a unit, where the part does not constitute a standard unit or part of a standard unit, or

(b)  any repair or modification to a standard unit that is done using materials that are higher in quality, as determined in accordance with current construction standards; (“amélioration”)

“leasehold condominium corporation” means a corporation in which all the units and their appurtenant common interests are subject to leasehold interests held by the owners; (“association condominiale de propriété à bail”)

“lessor”, in relation to a leasehold condominium corporation, means the person who owns the freehold estate in the land described in the description; (“bailleur”)

“Minister”, in relation to a particular provision of this Act, means the Minister responsible for administration of the provision; (“ministre”)

“mortgage” includes a charge under the Land Titles Act, in which case “mortgagor” and “mortgagee” mean the chargor and the chargee under the charge; (“hypothèque”, “débiteur hypothécaire”, “créancier hypothécaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (11))

“non-leased voting unit” means,

(a)  except in subsection 46 (2), a unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director, where the unit is used for residential purposes and the unit is not subject to a lease, as determined by the regulations, within the 60 day period before the time that the board gives a preliminary notice under subsection 45.1 (1) for the meeting, or

(b)  in subsection 46 (2), a unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director, where the unit is used for residential purposes and the unit is not subject to a lease, as determined by the regulations, within the 60 day period before the date that the board receives a requisition for a meeting under that subsection; (“partie privative non louée conférant le droit de vote”)

“owner” means,

(a)  in relation to a corporation other than a leasehold condominium corporation or a common elements condominium corporation, a person who is shown as the owner of a freehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit that the declarant has not transferred to another person,

(b)  in relation to a leasehold condominium corporation, a person who is shown as the owner of the entire leasehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit in which the declarant has not transferred the leasehold interest to another person but does not include a tenant of the owner, or

(c)  in relation to a common elements condominium corporation, a person, including the declarant, who is shown as the owner of a common interest in the common elements and a freehold interest in the parcel of land to which the common interest is attached, as described in the declaration, according to the records of the land registry office in which the description of the corporation is registered; (“propriétaire”)

“phased condominium corporation” means a phased condominium corporation to which Part XI applies; (“association condominiale constituée par étape”)

“pre-existing elements” and “pre-existing elements fund study” have the same meaning as in subsection 17.1 (1) of the Ontario New Home Warranties Plan Act; (“éléments préexistants”, “étude du fonds des éléments préexistants”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definitions of “pre-existing elements” and “pre-existing elements fund study” in subsection 1 (1) of the Act are repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (2))

“pre-existing elements” and “pre-existing elements fund study” have the meaning prescribed by the regulations made under the Protection for Owners and Purchasers of New Homes Act, 2017; (“éléments préexistants”, “étude du fonds des éléments préexistants”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“property” means the land, including the buildings on it, and interests appurtenant to the land, as the land and interests are described in the description and includes all land and interests appurtenant to land that are added to the common elements; (“propriété”)

“proposed property” means the property described in the declaration and description that are required to be registered to designate a proposed unit as a unit under this Act; (“propriété projetée”)

“proposed unit” means land described in an agreement of purchase and sale that provides for delivery to the purchaser of a deed in registerable form after a declaration and description have been registered in respect of the land; (“partie privative projetée”)

“purchaser of a unit”, in relation to a leasehold condominium corporation, means the purchaser of an owner’s interest in a unit and the appurtenant common interest; (“acquéreur d’une partie privative”)

“registered” means registered under the Land Titles Act or the Registry Act and “register” and “registration” have corresponding meanings; (“enregistré”, “enregistrer”, “enregistrement”)

“Registrar” means the Condominium Registrar appointed under subsection 9.1 (1); (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (16))

“repair” means to repair or replace after normal wear and tear, damage or failure; (“réparer”)

“reserve fund” means a reserve fund established under section 93; (“fonds de réserve”)

“reserve fund study” means a reserve fund study described in section 94; (“étude du fonds de réserve”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (16))

“reserve fund study provider” means a person who meets all prescribed requirements for the purpose of conducting a reserve fund study; (“fournisseur d’étude de fonds de réserve”)

“residential condominium conversion project” has the same meaning as in subsection 17.1 (1) of the Ontario New Home Warranties Plan Act; (“projet de conversion en condominiums à usage d’habitation”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “residential condominium conversion project” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (3))

“residential condominium conversion project” has the meaning prescribed by the regulations made under the Protection for Owners and Purchasers of New Homes Act, 2017; (“projet de conversion en condominiums à usage d’habitation”)

“rule” means a rule of a corporation; (“règle”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “rule” in subsection 1 (1) of the Act is amended by adding “or a rule made under subsection 21.1 (4)” at the end. (See: 2015, c. 28, Sched. 1, s. 1 (18))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (19))

“standard unit” means, subject to the regulations, for the class of unit in a corporation to which the unit belongs,

(a)  the standard unit described in a by-law made under clause 56 (1) (h), if the corporation has passed a by-law under that clause, or

(b)  the standard unit that is prescribed, if the corporation has not passed a by-law under clause 56 (1) (h); (“partie privative normale”)

“status certificate” means a status certificate described in section 76; (“certificat d’information”)

“telephonic or electronic means” means any means that uses the telephone or any other electronic or other technological means to transmit information or data, including telephone calls, voice mail, fax, e-mail, an automated touch-tone telephone system, computer or computer networks; (“moyen de communication téléphonique ou électronique”)

“unit” means a part of the property designated as a unit by the description and includes the space enclosed by its boundaries and all of the land, structures and fixtures within this space in accordance with the declaration and description; (“partie privative”)

“vacant land condominium corporation” means a vacant land condominium corporation described in subsection 155 (2). (“association condominiale de terrain nu”)  1998, c. 19, s. 1 (1); 2002, c. 17, Sched. F, Table; 2004, c. 8, s. 46, 47 (3); 2015, c. 28, Sched. 1, s. 1 (1, 3-8, 10, 12-14, 15, 17); 2015, c. 28, Sched. 2, s. 80 (1); 2023, c. 9, Sched. 7, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2017, c. 33, Sched. 2, s. 75 (4))

“warranty authority” has the same meaning as in subsection 2 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017. (“organisme de garantie”)

Ownership of land

(2) For the purposes of this Act, the ownership of land or of a leasehold interest in land includes the ownership of space or of a leasehold interest in space respectively. 1998, c. 19, s. 1 (2).

Proposed declarant

(3) A reference to a declarant in this Act shall be deemed to include, where applicable, a person who proposes or intends to register a declaration and description. 1998, c. 19, s. 1 (3).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

2004, c. 8, s. 46, 47 (3) - 01/11/2005

2012, c. 8, Sched. 9, s. 1 (1) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022; 2012, c. 8, Sched. 9, s. 1 (2) - no effect - see 2015, c. 28, Sched. 1, s. 158 - 03/12/2015

2015, c. 28, Sched. 1, s. 1 (1, 4, 6, 8, 10, 14, 15) - 01/09/2017; 2015, c. 28, Sched. 1, s. 1 (2, 9, 11, 16, 18, 19) - not in force; 2015, c. 28, Sched. 1, s. 1 (3) - 01/05/2018; 2015, c. 28, Sched. 1, s. 1 (5) - 01/01/2021; 2015, c. 28, Sched. 1, s. 1 (7), (12) - 01/11/2017; 2015, c. 28, Sched. 1, s. 1 (13), (17) - 01/01/2018; 2015, c. 28, Sched. 2, s. 80 (1) - 01/11/2017

2017, c. 33, Sched. 2, s. 75 (1-4) - not in force; 2017, c. 33, Sched. 2, s. 79 (1-4) - no effect

2023, c. 9, Sched. 7, s. 1 - 01/10/2023

Part I.1
Administration of this AcT

Delegation

Designation of condominium authority

1.1 (1) The Lieutenant Governor in Council may, by regulation,

(a)  designate a not-for-profit corporation without share capital incorporated under the laws of Ontario as the condominium authority for the purposes of this Act; and

(b)  subject to subsection (2), specify any provisions of this Act and the regulations, except for this Part and Parts I.2 and XIV, as the delegated provisions for the purposes of subsection (3). 2015, c. 28, Sched. 1, s. 2.

Restriction

(2) The specification of provisions as the delegated provisions that is made by a regulation made under clause (1) (b) may be restricted to specified aspects or purposes of the specified provisions. 2015, c. 28, Sched. 1, s. 2.

Delegation of administration

(3) If the Lieutenant Governor in Council designates a corporation as the condominium authority, the administration of the delegated provisions is delegated to the authority and the authority shall carry out the administration of the delegated provisions. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Administrative agreement

1.2 (1) The Lieutenant Governor in Council shall not designate a corporation under clause 1.1 (1) (a) as the condominium authority until the Minister and the corporation have entered into an agreement to be known as the administrative agreement. 2015, c. 28, Sched. 1, s. 2.

Contents

(2) The administrative agreement shall include, at a minimum, terms related to the following matters with respect to the condominium authority:

1.  The governance of the authority.

2.  All matters that the Minister considers necessary for the authority to carry out the administration of the delegated provisions.

3.  The maintenance by the authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations.

3.1  The financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets.

4.  Any other matter that the Minister considers necessary and that is related to the authority’s powers and duties under this Act or the regulations. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 1.

Amendment by Minister

(3) Subject to section 1.8, the Minister may unilaterally amend the administrative agreement, after giving the condominium authority the notice that the Minister considers reasonable in the circumstances. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 1 - 14/07/2020

Policy directions

1.3 (1) Subject to section 1.8, the Minister may issue policy directions to the condominium authority related to its powers and duties under this Act or the regulations, after giving the authority the notice that the Minister considers reasonable in the circumstances. 2015, c. 28, Sched. 1, s. 2.

Part of the administrative agreement

(2) The policy directions are deemed to form part of the administrative agreement. 2015, c. 28, Sched. 1, s. 2.

Compliance

(3) The condominium authority shall comply with the policy directions and shall implement measures to do so. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Consultation

1.3.1 The Minister may consult with the condominium authority about proposed legislative or policy changes that may affect the authority and its activities. 2020, c. 14, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 2 - 14/07/2020

Compliance by condominium authority

1.4 In carrying out its powers and duties under this Act or the regulations, the condominium authority shall comply with the administrative agreement, this Act, the regulations and other applicable law. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Review

1.5 (1) The Minister may,

(a)  require that policy, legislative or regulatory reviews related to the powers and duties of the condominium authority under this Act, the regulations or the administrative agreement be carried out,

(i)  by or on behalf of the authority, or

(ii)  by a person or entity specified by the Minister; or

(b)  require that reviews of the condominium authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(i)  by or on behalf of the authority, or

(ii)  by a person or entity specified by the Minister. 2015, c. 28, Sched. 1, s. 2.

Reviews, terms and conditions

(1.1) The Minister may impose terms and conditions relating to any review the Minister requires under subsection (1). 2020, c. 14, Sched. 1, s. 3 (1).

Access to records

(2) If a review is carried out by a person or entity specified by the Minister, the condominium authority shall give the person or entity specified by the Minister and the employees or agents of the person or entity access to all records and other information required to conduct the review. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 3 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 3 (1, 2) - 14/07/2020

Conflict

1.6 The following rules apply respecting conflicts that may arise in applying this Part, Part I.2 and the regulations:

1.  This Part, Part I.2, the regulations and the delegated provisions prevail over the administrative agreement and the condominium authority’s constating documents, by-laws and resolutions.

2.  An order made under subsection 1.6.1 (1), 1.9 (1), 1.10 (4) or 1.13.2 (1) or section 1.11 prevails over the administrative agreement and the condominium authority’s constating documents, by-laws and resolutions.

3.  This Part, Part I.2 and the regulations prevail over the Corporations Information Act. 2020, c. 14, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017; 2015, c. 28, Sched. 1, s. 3 - see 2017, c. 20, Sched. 8, s. 147 - no effect - see 2020, c. 14, Sched. 1, s. 4 - 14/07/2020

2020, c. 14, Sched. 1, s. 4 - 14/07/2020

Minister’s authority to appoint administrator

1.6.1 (1) Subject to section 1.8, the Minister may, by order, appoint an individual as an administrator of the condominium authority for the purposes of assuming control of it and responsibility for its activities. 2020, c. 14, Sched. 1, s. 4.

Notice of appointment

(2) The Minister shall give the condominium authority’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2020, c. 14, Sched. 1, s. 4.

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2020, c. 14, Sched. 1, s. 4.

Term of appointment

(4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2020, c. 14, Sched. 1, s. 4.

Powers and duties of administrator

(5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the condominium authority. 2020, c. 14, Sched. 1, s. 4.

Same

(6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them. 2020, c. 14, Sched. 1, s. 4.

Right of access

(7) The administrator has the same rights as the board in respect of the condominium authority’s documents, records and information. 2020, c. 14, Sched. 1, s. 4.

Report to Minister

(8) The administrator shall report to the Minister as the Minister requires. 2020, c. 14, Sched. 1, s. 4.

Minister’s directions

(9) The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out. 2020, c. 14, Sched. 1, s. 4.

No personal liability

(10) No action or other proceeding shall be instituted against the administrator or a former administrator for,

(a)  any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations made under this Act, a Minister’s order or the appointment under subsection (1), or,

(b)  any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 1, s. 4.

Crown liability

(11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 1, s. 4.

Liability of condominium authority

(12) Subsection (10) does not relieve the condominium authority of liability to which it would otherwise be subject. 2020, c. 14, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 4 - 14/07/2020

Status of board during administrator’s tenure

1.6.2 (1) On the appointment of an administrator under section 1.6.1, the members of the board of directors of the condominium authority cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 1, s. 4.

Same

(2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 1, s. 4.

No personal liability

(3) No action or other proceeding shall be instituted against a member or former member of the board of the condominium authority for any act, neglect or default done by the administrator or the condominium authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 1, s. 4.

Crown liability

(4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 1, s. 4.

Liability of condominium authority

(5) Subsection (3) does not relieve the condominium authority of liability to which it would otherwise be subject. 2020, c. 14, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 4 - 14/07/2020

Revocation of designation

1.7 (1) The Lieutenant Governor in Council may, by regulation, revoke or restrict the scope of the designation of the condominium authority if the Lieutenant Governor in Council considers it advisable to do so in the public interest. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 5 (1).

Revocation for non-compliance

(2) The Lieutenant Governor in Council may, by regulation, revoke or restrict the scope of the designation of the condominium authority if,

(a)  the authority has failed to comply with this Act, the regulations, other applicable law or the administrative agreement;

(b)  the Minister has allowed the authority the opportunity of remedying its default within a specified time period that the Minister considers reasonable in the circumstances; and

(c)  the authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause (b) and the Minister has so advised the Lieutenant Governor in Council. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 5 (2).

Same, no restriction on subs. (1)

(3) Nothing in subsection (2) restricts the ability of the Lieutenant Governor in Council to act under subsection (1). 2015, c. 28, Sched. 1, s. 2.

Revocation on request

(4) The Lieutenant Governor in Council may, by regulation, revoke or restrict the scope of the designation of the condominium authority on the terms that the Lieutenant Governor in Council considers advisable in the public interest if the authority requests the revocation or restriction. 2020, c. 14, Sched. 1, s. 5 (3).

Non-application of SPPA

(5) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of a right under this section to revoke or restrict a designation. 2020, c. 14, Sched. 1, s. 5 (3).

Transition

(6) If the Lieutenant Governor in Council revokes or restricts the designation of the condominium authority under this section, the Lieutenant Governor in Council may, by regulation, provide for any transitional matter necessary for the effective implementation of the revocation or restriction, including,

(a)  the transfer, without compensation, of any property, including assets, liabilities, rights, obligations, records, databases, bank accounts and money, that the condominium authority holds in respect of carrying out its activities under the Act, a regulation and the administrative agreement; and

(b)  the assignment, without compensation, of any contracts that the authority has entered into before the revocation. 2020, c. 14, Sched. 1, s. 5 (3).

No Crown liability

(7) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of the revocation or restriction of the designation of the condominium authority or any regulation made under subsection (6). 2020, c. 14, Sched. 1, s. 5 (3).

No proceeding

(8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (7). 2020, c. 14, Sched. 1, s. 5 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 5 (1-3) - 14/07/2020

Condition precedent for exercise of certain powers

1.8 The Minister may exercise a power under subsection 1.2 (3), 1.3 (1), 1.6.1 (1) or 1.24 (1) only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

1.  The exercise of the power is necessary to prevent serious harm to the interests of the public, corporations, owners or purchasers, mortgagees or occupiers of units.

2.  An event of force majeure has occurred.

3.  The condominium authority is facing a risk of insolvency.

4.  The number of members of the board of directors of the condominium authority is insufficient for a quorum. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 6 (1, 2) - 14/07/2020

Condominium Authority

Criteria and directives re board members

1.9 (1) The Minister may, by order,

(a)  establish competency criteria for members of the board of directors of the condominium authority; and

(b)  make directives about the nomination of members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2015, c. 28, Sched. 1, s. 2.

Competency criteria

(2) A person is qualified to be appointed or elected to the board of directors only if he or she meets any competency criteria established under clause (1) (a). 2015, c. 28, Sched. 1, s. 2.

(3) Repealed: 2020, c. 14, Sched. 1, s. 7.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 7 - 14/07/2020

Board appointments

1.10 (1) The Minister may appoint at pleasure one or more members to the board of directors of the condominium authority for a term specified in the appointment. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 8 (1).

Majority

(2) The number of members appointed by the Minister shall not form a majority of the board of directors. 2015, c. 28, Sched. 1, s. 2.

Composition

(3) The members appointed by the Minister may include,

(a)  representatives of the public, consumer groups, government organizations, corporations, owners or those owners or occupiers who occupy units for residential purposes; and

(b)  representatives of other interests as the Minister determines. 2015, c. 28, Sched. 1, s. 2.

Percentages of board members

(4) The Minister may, by order, provide that no more than a fixed percentage of members of the board of directors shall be drawn from among the persons or classes of persons specified in the order. 2020, c. 14, Sched. 1, s. 8 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 8 (1, 2) - 14/07/2020

Change in number of directors

1.11 The Minister may, by order, increase or decrease the number of members of the board of directors of the condominium authority. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Appointment of chair

1.12 The Minister may appoint a chair from among the members of the board of directors of the condominium authority. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Public access to corporate by-laws

1.13 The condominium authority shall make its corporate by-laws available on its website and by any other means that the condominium authority determines,

(a)  within the time and manner specified in the administrative agreement; or

(b)  within 10 days after the by-laws are made by the board of directors, if no time is specified in the administrative agreement. 2020, c. 14, Sched. 1, s. 9.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 9 - 14/07/2020

Public access to information

1.13.1 The condominium authority shall follow the prescribed processes and procedures, if any, with respect to providing access to the public to records of the authority and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 1, s. 9.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 9 - 14/07/2020

Disclosure of compensation and other payments

1.13.2 (1) The Minister may, by order, require the condominium authority to make available to the public, on its website and by any other means that the condominium authority determines, any information specified by the Minister relating to,

(a)  the compensation that the condominium authority pays to members of its board of directors, its officers and its employees; and

(b)  any other payments that the condominium authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 1, s. 9.

Information for prior period

(2) An order made under subsection (1) may require that the condominium authority make available to the public information referred to in that subsection with respect to a member of the board or one of its officers who was in office on the day this section came into force or an individual who was one of its employees on that day, where the information is for a period that began before that day. 2020, c. 14, Sched. 1, s. 9.

Effect of compliance

(3) If the condominium authority makes information available to the public in accordance with an order made under subsection (1) or in the reasonable belief that action is required by the order, no court, person or other entity shall find that the condominium authority,

(a)  has contravened any Act enacted or regulation made before or after this section came into force; or

(b)  is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after this section came into force. 2020, c. 14, Sched. 1, s. 9.

Definition

(4) In this section,

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2020, c. 14, Sched. 1, s. 9.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 9 - 14/07/2020

Employees

1.14 (1) Subject to the administrative agreement, the condominium authority may employ or retain the services of any qualified person to carry out any of its powers and duties under this Act or the regulations. 2015, c. 28, Sched. 1, s. 2.

Not Crown employees

(2) The following persons are not employees of the Crown and shall not hold themselves out as such:

1.  Persons who are employed or whose services are retained under subsection (1).

2.  Members, officers and agents of the condominium authority.

3.  Members of the board of directors of the condominium authority, including those appointed by the Minister.

4.  Members of the Condominium Authority Tribunal, if it has been established under Part I.2. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Not Crown agency

1.15 (1) Despite the Crown Agency Act, the condominium authority is not an agent of the Crown for any purpose and shall not hold itself out as such. 2015, c. 28, Sched. 1, s. 2.

Same

(2) The following persons are not agents of the Crown and shall not hold themselves out as such:

1.  Persons who are employed or whose services are retained by the condominium authority.

2.  Members, officers and agents of the condominium authority.

3.  Members of the board of directors of the condominium authority, including those appointed by the Minister.

4.  Members of the Condominium Authority Tribunal, if it has been established under Part I.2. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

No personal liability, employee of the Crown

1.16 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for,

(a)  any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order; or

(b)  any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 1, s. 10.

Tort by employee of the Crown

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2019, c. 7, Sched. 17, s. 54 - 01/07/2019

2020, c. 14, Sched. 1, s. 10 - 14/07/2020

No Crown liability

1.17 (1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order. 2020, c. 14, Sched. 1, s. 10.

No proceeding

(2) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or loss based on or related to any cause of action described in subsection (1). 2020, c. 14, Sched. 1, s. 10.

Application

(3) Without limiting the generality of subsection (2), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 1, s. 10.

Same, revocation or restriction

(4) Section 1.16 and subsections (1) to (3) of this section apply, with necessary modifications, in respect of a direct or indirect result of the revocation or restriction of a designation under section 1.7 or any regulation made under subsection 1.7 (6). 2020, c. 14, Sched. 1, s. 10.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 10 - 14/07/2020

Indemnification of the Crown

1.18 The condominium authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the authority or its members, officers, directors, employees or agents in the exercise or performance or intended exercise or performance of their powers and duties under this Act, the regulations, a Minister’s order or the administrative agreement, or for any act or omission otherwise connected to this Act, the regulations, a Minister’s order or the administrative agreement. 2020, c. 14, Sched. 1, s. 11.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 11 - 01/07/2021

No personal liability, board members and others

1.19 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or someone who was formerly such a person, for an act done in good faith in the exercise or performance or intended exercise or performance of any of the person’s powers or duties under this Act or the regulations or for any neglect or default in the exercise or performance in good faith of such a power or duty. 2020, c. 14, Sched. 1, s. 12.

Same

(2) Subsection (1) applies to,

(a)  the Registrar;

(b)  deputy Registrars appointed under subsection 9.1 (1);

(c)  members of the board of directors of the condominium authority;

(d)  persons who perform functions under this Act or the regulations as employees, agents or officers of the condominium authority or as persons whose services it retains;

(e)  members of committees of the condominium authority who perform functions under this Act or the regulations; and

(f)  members of the Condominium Authority Tribunal, if it has been established under Part I.2. 2020, c. 14, Sched. 1, s. 12.

Liability of condominium authority

(3) Subsection (1) does not relieve the condominium authority of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2). 2020, c. 14, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 12 - 14/07/2020

Not public money

1.20 (1) The money that the condominium authority collects in carrying out its powers and duties under this Act or the regulations is not public money within the meaning of the Financial Administration Act. 2015, c. 28, Sched. 1, s. 2.

Same

(2) The condominium authority may use the money described in subsection (1) to carry out activities in accordance with its objects, subject to subsection 1.23 (2) and any restrictions in this Part. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Audit

1.21 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the condominium authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2015, c. 28, Sched. 1, s. 2, 3.

Access to records and information

(2) If the Auditor General conducts an audit under subsection (1), the condominium authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017; 2015, c. 28, Sched. 1, s. 3 - 19/10/2021

Annual report

1.22 (1) The board of directors of the condominium authority shall annually report to the Minister on its activities and financial affairs as they relate to this Act, the regulations and the administrative agreement. 2020, c. 14, Sched. 1, s. 13.

Form and contents

(2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires. 2020, c. 14, Sched. 1, s. 13.

Disclosure by board

(3) The board of the condominium authority shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 1, s. 13.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 13 - 14/07/2020

Powers and Duties of Condominium Authority

Additional powers

1.23 (1) The condominium authority may carry out other activities in accordance with its objects or purposes, subject to subsection (2). 2015, c. 28, Sched. 1, s. 2.

Commercial activities

(2) The condominium authority shall not engage in commercial activity through a person or entity that is related to the authority. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Change to objects or purposes

1.24 (1) Subject to section 1.8, the Minister may require that the condominium authority make a specified change to its objects or purposes. 2015, c. 28, Sched. 1, s. 2.

Minister’s approval required

(2) The condominium authority shall not make any changes to its objects or purposes unless the Minister’s written approval is obtained in advance. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Right to use French

1.25 (1) A person has the right to communicate in French with, and to receive available services in French from, the condominium authority. 2015, c. 28, Sched. 1, s. 2.

Definition

(2) In subsection (1),

“service” means any service or procedure that is provided to the public by the condominium authority in carrying out its powers and duties under this Act or the regulations and includes,

(a)  responding to inquiries from members of the public, and

(b)  any other communications for the purpose of providing the service or procedure. 2015, c. 28, Sched. 1, s. 2.

Board’s duty

(3) The board of directors of the condominium authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2015, c. 28, Sched. 1, s. 2.

Limitation

(4) The right to use French given by this section is subject to the limits that are reasonable in the circumstances and to any exemptions that may be provided for in the regulations. 2015, c. 28, Sched. 1, s. 2; 2020, c. 14, Sched. 1, s. 14.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 14 - 14/07/2020

Advisory councils, advisory process

1.26 The Minister may require the condominium authority to,

(a)  establish one or more advisory councils;

(b)  include, as members of an advisory council, representatives of owners, representatives of occupiers of units, other representatives of the condominium sector and other persons as the Minister determines; or

(c)  undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Duty to inform Minister

1.27 The condominium authority shall promptly inform and advise the Minister with respect to,

(a)  any material fact that could affect the authority’s ability to perform its duties under this Act or the regulations; or

(b)  any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated provisions is carried out properly. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Advice of condominium authority

1.28 (1) The condominium authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Part, Part I.2 or the administration of the delegated provisions. 2020, c. 14, Sched. 1, s. 15.

Same

(2) The condominium authority may suggest to the Minister amendments to Ontario legislation that it considers would,

(a)  further the purpose of this Part or Part I.2 or the purpose of the delegated provisions; or

(b)  assist the authority in carrying out its powers and duties under this Act or the regulations. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

2020, c. 14, Sched. 1, s. 15 - 14/07/2020

Forms and fees

1.29 (1) The condominium authority may,

(a)  establish forms related to the administration of the delegated provisions;

(b)  in accordance with processes and criteria established by the condominium authority and approved by the Minister, set and collect,

(i)  fees, costs or other charges related to the administration of the delegated provisions, and

(ii)  the fees that a party to a proceeding that is the subject of an application to the Condominium Authority Tribunal under Part I.2 is required to pay, if the Tribunal has been established under that Part; and

(c)  make directives governing the payment of the fees, costs and charges described in clause (b). 2015, c. 28, Sched. 1, s. 2.

Setting fees

(2) In setting the fees, costs and charges described in clause (1) (b), the condominium authority may specify their amounts or the method for determining the amounts. 2015, c. 28, Sched. 1, s. 2.

Publication of fee schedule

(3) The condominium authority,

(a)  shall publish the fees, costs and charges, the processes and criteria and the directives on its website and in any other way described in the administrative agreement; and

(b)  may publish them in any other format that the condominium authority considers advisable. 2015, c. 28, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 2 - 01/09/2017

Assessments of corporations

1.30 (1) The condominium authority may assess corporations with respect to the expenses and expenditures that the authority has incurred and made related to executing its powers and duties under this Act or the regulations. 2015, c. 28, Sched. 1, s. 4.

Process for setting assessment

(2) In setting an assessment under subsection (1), the condominium authority shall take into account the fees that the authority has received, including fees from its other operations, and shall comply with the processes and criteria that the authority has established and the Minister has approved. 2015, c. 28, Sched. 1, s. 4.

Same, discretion

(3) Subject to subsection (2), in setting an assessment under subsection (1), the condominium authority may,

(a)  provide that the assessment does not apply to the classes of corporations that it specifies;

(b)  set different amounts for the assessment based on the different classes of corporations that are subject to the assessment or the type and number of units in each corporation that is subject to the assessment;

(c)  take into account any other consideration that the authority considers appropriate; or

(d)  set times for payment of the assessment which may coincide with the time that each of the corporations that is subject to the assessment is required to file a return under Part II.1. 2015, c. 28, Sched. 1, s. 4.

Publication of assessment schedule

(4) The condominium authority,

(a)  shall publish the assessments, the processes and the criteria on its website and in any other way described in the administrative agreement; and

(b)  may publish them in any other format that the condominium authority considers advisable. 2015, c. 28, Sched. 1, s. 4.

Part of common expenses

(5) If a corporation is subject to an assessment under subsection (1), the assessment shall form part of the common expenses of the corporation. 2015, c. 28, Sched. 1, s. 4.

Remittance

(6) A corporation that is assessed under subsection (1) shall pay the assessment to the condominium authority in the manner and at the time that the authority specifies. 2015, c. 28, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 4 - 01/09/2017

Publication of order

1.30.1 The Minister shall publish any orders that the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 1, s. 16.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 1, s. 16 - 01/07/2021

Part I.2
Condominium Authority Tribunal

Definitions and Administration

Definitions

1.31 In this Part,

“application” means an application made to the Tribunal under subsection 1.36 (1), (2) or (3); (“requête”)

“Tribunal” means the Condominium Authority Tribunal established under subsection 1.32 (1). (“tribunal”) 2015, c. 28, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 5 - 01/09/2017

Establishment

1.32 (1) If the Lieutenant Governor in Council has made a regulation to designate the condominium authority, the Condominium Authority Tribunal is established under that name in English and tribunal de l’autorité du secteur des condominiums in French. 2015, c. 28, Sched. 1, s. 5.

Members

(2) The condominium authority may appoint members to the Tribunal as part-time or full-time members for terms of up to four years or such other period that is prescribed. 2015, c. 28, Sched. 1, s. 5.

Eligibility for appointment

(3) A person is not eligible to be appointed to the Tribunal unless the person meets the prescribed requirements, but no person who is a member of the board of directors of the authority shall be appointed to the Tribunal. 2015, c. 28, Sched. 1, s. 5.

Reappointment

(4) A person appointed as a member of the Tribunal is eligible for reappointment if the person meets the eligibility requirements in subsection (3). 2015, c. 28, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 5 - 01/09/2017

Chair, vice-chairs

1.33 (1) The condominium authority shall appoint a chair and at least one vice-chair of the Tribunal from among the members of the Tribunal. 2015, c. 28, Sched. 1, s. 5.

Acting chair

(2) If the chair is absent or otherwise unable to act or if the office is vacant, a vice-chair has all the powers and shall perform the duties of the chair. 2015, c. 28, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 5 - 01/09/2017

Termination of appointments

1.34 The condominium authority may terminate the appointment of the chair, a vice-chair or a member for cause. 2015, c. 28, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 5 - 01/09/2017

Proceedings

Conflict

1.35 Despite section 32 of the Statutory Powers Procedure Act, this Act and the regulations prevail over the provisions of that Act with which they conflict. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Applications

1.36 (1) Subject to subsection (4), a corporation may apply to the Tribunal for the resolution of a prescribed dispute with one or more of its owners or one or more occupiers or mortgagees of a unit. 2015, c. 28, Sched. 1, s. 6.

Same, by owner or mortgagee

(2) Subject to subsection (4), an owner or a mortgagee of a unit may apply to the Tribunal for the resolution of a prescribed dispute with the corporation, another owner or an occupier or a mortgagee of a unit. 2015, c. 28, Sched. 1, s. 6.

Same, by purchaser

(3) If the regulations so provide, a purchaser may apply to the Tribunal for the resolution of a dispute with the corporation regarding compliance with subsection 55 (3), but not any other dispute. 2015, c. 28, Sched. 1, s. 6.

Exception

(4) An application may not be made to the Tribunal under this section with respect to,

(a)  a dispute with respect to Part III, section 20, 26, 82.1, 82.2, 85 or 86, subsection 117 (1) or Part VII or VIII; or

(b)  a dispute involving the determination of title to any real property. 2015, c. 28, Sched. 1, s. 6.

Form of application

(5) An application shall be in the form approved by the Tribunal. 2015, c. 28, Sched. 1, s. 6.

Time for application

(6) Subject to any other provision of this Act, an application must be made within two years after the dispute to which the application relates arose. 2015, c. 28, Sched. 1, s. 6.

Extension of time

(7) If a person does not make an application within the deadline mentioned in subsection (6), the Tribunal may extend the deadline for a time of no more than one additional year if the Tribunal is satisfied that the delay in not applying was incurred in good faith and no substantial prejudice will result to any person affected by the delay. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Combined applications

1.37 (1) Two or more persons who are each entitled to make an application may make the application jointly, subject to any provision in the rules of the Tribunal that authorizes the Tribunal to direct that one or more of the applications be considered in a separate proceeding. 2015, c. 28, Sched. 1, s. 6.

Directed joinder

(2) Despite the Statutory Powers Procedure Act, the Tribunal may direct that two or more applications be joined or heard together if the Tribunal believes it would be fair to determine the issues raised by them together. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Parties to a proceeding

1.38 (1) The parties to a proceeding that is the subject of an application are the parties described in subsection 1.36 (1), (2) or (3), as the case may be, and any other person added as a party under subsection (3). 2015, c. 28, Sched. 1, s. 6.

Rights of corporation

(2) If a person or body makes an application under section 1.36 with respect to a unit in a corporation and, under subsection (1), the corporation is not a party to the proceeding that is the subject of the application, the applicant shall serve a copy of the application on the corporation in accordance with the rules of the Tribunal and the corporation is entitled to intervene in the proceeding. 2015, c. 28, Sched. 1, s. 6.

Addition or removal of parties

(3) The Tribunal may add or remove a person as a party if the Tribunal considers it appropriate. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 -01/11/2017

Right of affected persons

1.39 (1) Subject to section 1.41, the Tribunal shall adopt the most expeditious method of determining the questions arising in a proceeding before it that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and to be heard on matters in the proceeding. 2015, c. 28, Sched. 1, s. 6.

Method of proceeding

(2) Despite the Statutory Powers Procedure Act, any proceeding with respect to an application may be held orally or in writing, in person, by telephone, video conference or electronic mail, or through use of other electronic means in accordance with the rules of the Tribunal. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Alternative dispute resolution

1.40 (1) Despite section 4.8 of the Statutory Powers Procedure Act, the Tribunal may direct the parties to a proceeding to participate in an alternative dispute resolution mechanism for the purposes of resolving the proceeding or an issue arising in the proceeding. 2015, c. 28, Sched. 1, s. 6.

Definition

(2) In this section,

“alternative dispute resolution mechanism” includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Power to dismiss applications

1.41 (1) The Tribunal may refuse to allow a person to make an application or may dismiss an application without holding a hearing if the Tribunal is of the opinion that the subject matter of the application is frivolous or vexatious or that the application has not been initiated in good faith or discloses no reasonable cause of action. 2015, c. 28, Sched. 1, s. 6.

Same

(2) The Tribunal may dismiss an application without holding a hearing if the Tribunal finds that the applicant has filed documents with the Tribunal that the applicant knew or ought to have known to have contained false or misleading information. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Jurisdiction

1.42 (1) Subject to subsection (2), the Tribunal has exclusive jurisdiction to exercise the powers conferred on it under this Act and to determine all questions of fact or law that arise in any proceeding before it. 2015, c. 28, Sched. 1, s. 6.

Exception

(2) The Tribunal shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Order during proceeding

1.43 On the request of a party to a proceeding before the Tribunal, the Tribunal may make an order for the detention, preservation or inspection of property and documents that are the subject of the application in the proceeding or as to which a question may arise in the proceeding, and may order a party to provide security in that connection. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Orders at end of proceeding

1.44 (1) Subject to subsection (4), in a proceeding before the Tribunal, the Tribunal may make any of the following orders:

1.  An order directing one or more parties to the proceeding to comply with anything for which a person may make an application to the Tribunal.

2.  An order prohibiting a party to the proceeding from taking a particular action or requiring a party to the proceeding to take a particular action.

3.  An order directing a party to the proceeding to pay compensation for damages incurred by another party to the proceeding as a result of an act of non-compliance up to the greater of $25,000 or the amount, if any, that is prescribed.

4.  An order directing a party to the proceeding to pay the costs of another party to the proceeding.

5.  An order directing a party to the proceeding to pay the costs of the Tribunal.

6.  An order directing a corporation that is a party to a proceeding with respect to a dispute under subsection 55 (3) to pay a penalty that the Tribunal considers appropriate to the person entitled to examine or obtain copies under that subsection if the Tribunal considers that the corporation has without reasonable excuse refused to permit the person to examine or obtain copies under that subsection.

7.  An order directing whatever other relief the Tribunal considers fair in the circumstances. 2015, c. 28, Sched. 1, s. 6.

Orders for costs

(2) Despite section 17.1 of the Statutory Powers Procedure Act, an order for costs made under paragraph 4 or 5 of subsection (1) shall be determined in accordance with the rules of the Tribunal. 2015, c. 28, Sched. 1, s. 6.

Order for penalty

(3) An order for a penalty made under paragraph 6 of subsection (1) shall be in an amount of not more than the lesser of $5,000 and the prescribed amount, if any. 2015, c. 28, Sched. 1, s. 6.

No order for permanent removal of person

(4) The Tribunal shall not make an order requiring a person to vacate a property permanently. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Payment under order for compensation, costs or a penalty

1.45 (1) The party against whom an order for compensation, costs or a penalty is made shall pay the amount of the order within 30 days, unless the order specifies another time limit. 2015, c. 28, Sched. 1, s. 6.

Adding to common expenses

(2) If an order requires an owner to pay compensation or costs to a corporation, the corporation may add the amount of the order to the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 6.

Set-off against common expenses

(3) If an order requires a corporation to pay compensation, costs or a penalty to an owner and the corporation does not pay the amount of the order within the time limit mentioned in subsection (1), the owner may set off the amount against the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Appeals

1.46 (1) Subject to subsection (2), an order of the Tribunal in a proceeding is final and binding. 2015, c. 28, Sched. 1, s. 6.

Right to appeal

(2) A party to a proceeding before the Tribunal may appeal the order to the Divisional Court on a question of law in accordance with the rules of court. 2015, c. 28, Sched. 1, s. 6.

Powers of court

(3) On the appeal, the Divisional Court may affirm, reverse or vary the order of the Tribunal. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Settlement

1.47 (1) If the parties to a proceeding that is the subject of an application agree to a settlement in writing and sign the settlement, the settlement is binding on the parties. 2015, c. 28, Sched. 1, s. 6.

Consent order

(2) The Tribunal may, on the joint motion of the parties to a settlement described in subsection (1), make an order requiring compliance with the settlement or any part of the settlement. 2015, c. 28, Sched. 1, s. 6.

Application where contravention

(3) A party to the settlement described in subsection (1) who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (6),

(a)  within six months after the contravention to which the application relates; or

(b)  after the expiry of the time limit described in clause (a) if the Tribunal is satisfied that the delay in applying was incurred in good faith and no substantial prejudice will result to any person affected by the delay. 2015, c. 28, Sched. 1, s. 6.

Form of application

(4) An application under subsection (3) shall be in the form that the Tribunal approves. 2015, c. 28, Sched. 1, s. 6.

Parties

(5) Subject to the rules of the Tribunal, the parties to the proceeding that is the subject of the application are the parties to the settlement and any other person that the Tribunal adds as a party. 2015, c. 28, Sched. 1, s. 6.

Order

(6) If, on an application under subsection (3), the Tribunal determines that a party has contravened the settlement, the Tribunal may make an order that it considers appropriate to remedy the contravention. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

Publication of orders

1.48 The Tribunal shall ensure that a copy of any order that it makes is made available to the public in the prescribed manner. 2015, c. 28, Sched. 1, s. 6.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 6 - 01/11/2017

PART II
REGISTRATION AND CREATION

Creation

Registration

2 (1) Subject to the regulations and subsections (2) and (2.1), a declaration and description may be registered by or on behalf of the person who owns the freehold or leasehold estate in the land described in the description. 1998, c. 19, s. 2 (1); 2015, c. 28, Sched. 1, s. 7 (1).

Restriction

(2) A declaration and description for a freehold condominium corporation shall not be registered by or on behalf of a person who does not own the freehold estate in the land described in the description. 1998, c. 19, s. 2 (2).

Same, residential condominium conversion project

(2.1) A declaration and description that would create a corporation for a residential condominium conversion project shall not be registered unless the declaration contains confirmation from the Registrar, as defined in the Ontario New Home Warranties Plan Act, that,

(a)  the project, the units or proposed units of it and the common elements of it have been enrolled in the Plan, as defined in that Act, in accordance with the regulations made under that Act;

(b)  the builder, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a builder in respect of that project under that Act; and

(c)  the vendor, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a vendor in respect of that project under that Act. 2015, c. 28, Sched. 1, s. 7 (2); 2020, c. 14, Sched. 1, s. 17.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (2.1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (5))

Same, residential condominium conversion project

(2.1) A declaration and description that would create a corporation for a residential condominium conversion project shall not be registered unless the declaration contains confirmation from the registrar appointed under section 38 of the Protection for Owners and Purchasers of New Homes Act, 2017 that,

(a)  the project, the units or proposed units of it, the common elements of it and the real property, if any, that is prescribed have been enrolled in the Plan, within the meaning of that Act, in accordance with the regulations made under that Act;

(b)  the builder, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a builder in respect of the project under that Act;

(c)  the vendor, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a vendor in respect of the project under that Act; and

(d)  all other conditions, if any, that are prescribed have been satisfied. 2017, c. 33, Sched. 2, s. 75 (5).

Effect of registration

(3) Upon registration of a declaration and description,

(a)  this Act governs the land and the interests appurtenant to the land, as the land and the interests are described in the description;

(b)  the land described in the description is divided into units and common elements in accordance with the description; and

(c)  a condominium corporation is created. 1998, c. 19, s. 2 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 7 (1, 2) - 01/01/2018

2017, c. 33, Sched. 2, s. 75 (5) - not in force; 2017, c. 33, Sched. 2, s. 79 (5, 6) - no effect

2020, c. 14, Sched. 1, s. 17 - 01/02/2021

Place of registration

3 (1) The declaration and description shall be registered in,

(a)  the land titles division of the land registry office within the boundaries of which division the land described in the description is situated, if the land registry office has a land titles division; or

(b)  the registry division of the land registry office within the boundaries of which division the land described in the description is situated, if the land registry office does not have a land titles division. 1998, c. 19, s. 3 (1).

Index

(2) A land registrar in whose office a declaration and description are registered shall keep an index of the corporations created by the registrations. 1998, c. 19, s. 3 (2).

Same

(3) The index mentioned in subsection (2) shall be in the form approved by the Director of Titles appointed under section 9 of the Land Titles Act and shall be known in English as the Condominium Corporations Index and in French as Répertoire des associations condominiales. 1998, c. 19, s. 3 (3).

Condominium register

(4) A land registrar in whose office a declaration and description are registered shall keep a register in the form approved by the Director of Titles to be known in English as the Condominium Register and in French as Registre des condominiums. 1998, c. 19, s. 3 (4).

Contents of condominium register

(5) Declarations, descriptions, by-laws, notices of termination and other instruments respecting land governed by this Act shall be registered and recorded in the Condominium Register in accordance with the regulations and the instructions of the Director of Titles. 1998, c. 19, s. 3 (5); 2015, c. 28, Sched. 1, s. 146 (1).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 9, s. 2 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Real property Acts

4 (1) The Land Titles Act or the Registry Act, as the case may be, applies in respect of property governed by this Act but, if the provisions of either of those Acts conflict with the provisions of this Act, the provisions of this Act prevail. 1998, c. 19, s. 4 (1).

Rights of tenants

(2) The registration of a declaration and description shall not terminate or otherwise affect the rights under the Residential Tenancies Act, 2006 of a person who, at the time of the registration, is a tenant of the property or of a part of the property. 1998, c. 19, s. 4 (4); 2006, c. 17, s. 248 (1).

No termination of tenancy

(3) The registration of a declaration and description does not constitute grounds for a landlord to give notice of termination under Part V of the Residential Tenancies Act, 2006 to a tenant described in subsection (2). 1998, c. 19, s. 4 (4); 2006, c. 17, s. 248 (2).

(4) Spent:  1998, c. 19, s. 4 (4).

Section Amendments with date in force (d/m/y)

1998, c. 19, s. 4 (4) - 17/06/1998

2006, c. 17, s. 248 - 31/01/2007

Corporation

5 (1) A corporation created or continued under this Act is a corporation without share capital whose members are the owners. 1998, c. 19, s. 5 (1).

Name

(2) The land registrar shall assign a name to each corporation in accordance with the regulations. 1998, c. 19, s. 5 (2); 2015, c. 28, Sched. 1, s. 146 (2, 3).

Note: On the day section 3 of Schedule 9 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force, subsection 5 (2) of the Act is amended by striking out “the regulations made under this Act” and substituting “the regulations”. (See: 2017, c. 20, Sched. 9, s. 5)

Other Act

(3) The Not-for-Profit Corporations Act, 2010 does not apply to the corporation. 1998, c. 19, s. 5 (3); 2017, c. 20, Sched. 8, s. 75.

Same

(4) Subject to the regulations, the Corporations Information Act does not apply to the corporation. 2015, c. 28, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 9, s. 3 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

2015, c. 28, Sched. 1, s. 8 - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (2, 3, 5) - 01/09/2017; 2015, c. 28, Sched. 1, s. 146 (5) - no effect - see 2015, c. 28, Sched. 1, s. 146 (4)

2017, c. 20, Sched. 8, s. 75 - 19/10/2021; 2017, c. 20, Sched. 9, s. 5 - not in force

Types of corporations

6 (1) Corporations under this Act consist of the following types:

1.  Freehold condominium corporations.

2.  Leasehold condominium corporations. 1998, c. 19, s. 6 (1).

Types of freehold corporations

(2) Freehold condominium corporations consist of the following types:

1.  Common elements condominium corporations.

2.  Phased condominium corporations.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 6 (2) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 9 (1))

3.  Vacant land condominium corporations.

4.  Standard condominium corporations that are not any of the corporations mentioned in paragraphs 1, 2 and 3. 1998, c. 19, s. 6 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 6 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 9 (2))

4.  Standard condominium corporations that are not any of the corporations mentioned in paragraph 1 or 3.

Restriction on registration

(3) A declaration and description shall not be registered unless the registration would create a freehold condominium corporation or a leasehold condominium corporation. 1998, c. 19, s. 6 (3).

Indication in declaration

(4) The declaration shall state,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 9 (3))

Indication in declaration

(4) Subject to the regulations, the declaration shall state,

(a)  whether the corporation is a freehold condominium corporation or a leasehold condominium corporation; and

(b)  if the corporation is a freehold condominium corporation, the type of freehold condominium corporation that it is. 1998, c. 19, s. 6 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 9 (4))

(c)  whether the corporation is a phased condominium corporation.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 9 (5))

Phased condominium corporations

(5) A phased condominium corporation is a freehold or a leasehold condominium corporation that is subject to Part XI. 2015, c. 28, Sched. 1, s. 9 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 9 - not in force

Declaration and Description

Requirements for declaration

7 (1) A declaration shall not be registered unless the declarant has executed it in the manner prescribed by the Act under which it is to be registered. 1998, c. 19, s. 7 (1).

Contents

(2) A declaration shall contain,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 10 (1))

Contents

(2) Subject to the regulations, a declaration shall contain,

(a)  a statement that this Act governs the land and interests appurtenant to the land, as the land and the interests are described in the description;

(b)  the consent of every person having a registered mortgage against the land or interests appurtenant to the land, as the land and the interests are described in the description;

(c)  a statement of the proportions, expressed in percentages, of the common interests appurtenant to the units;

(d)  a statement of the proportions, expressed in percentages allocated to the units, in which the owners are to contribute to the common expenses;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 10 (2))

(d.1)  a statement of how the proportions mentioned in clauses (c) and (d) are determined;

(e)  an address for service, a municipal address for the corporation, if available, and the mailing address of the corporation if it differs from its address for service or municipal address;

(f)  a specification of all parts of the common elements that are to be used by the owners of one or more designated units and not by all the owners;

(g)  a statement of all conditions that the approval authority, in approving or exempting the description under section 9, requires the declaration to mention; and

(h)  all other material that the regulations require. 1998, c. 19, s. 7 (2); 2015, c. 28, Sched. 1, s. 10 (3), 146 (1).

Consent

(3) A person shall not withhold the consent mentioned in clause (2) (b) by reason only of the failure of the declarant to enter into a specified number of agreements of purchase and sale for the sale of proposed units. 1998, c. 19, s. 7 (3).

Additional contents

(4) In addition to the material mentioned in subsection (2) and in any other section in this Act, a declaration may contain,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (4) of the Act is amended by adding “subject to the regulations” after “contain” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 10 (4))

(a)  a statement specifying the common expenses of the corporation;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (4) (a) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 10 (5))

(a)  a statement specifying the common expenses of the corporation and the circumstances that may result in the addition of any amount to the contribution to the common expenses payable for the owner’s unit to indemnify or compensate the corporation for,

(i)  an actual loss, as is prescribed, that the corporation has incurred in the performance of the corporation’s objects and duties, or

(ii)  any other purpose, if any, that is prescribed;

(b)  conditions or restrictions with respect to the occupation and use of the units or common elements;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (4) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 10 (6))

(b)  conditions or restrictions with respect to the occupation or use of the units, the common elements or the assets, if any, of the corporation;

(c)  conditions or restrictions with respect to gifts, leases and sales of the units and common interests;

(d)  a list of the responsibilities of the corporation consistent with its objects and duties; and

(e)  a description of the allocation of obligations to maintain the units and common elements and to repair them after damage, which allocation has been done in accordance with this Act. 1998, c. 19, s. 7 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (4) of the Act is amended by striking out “and” at the end of clause (d) and by repealing clause (e) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 10 (7))

(e)  a description of the allocation of obligations to maintain the units, the common elements or the assets, if any, of the corporation and to repair them, which allocation has been done in accordance with this Act; and

(f)  all other material that the regulations permit.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 10 (8))

Determination re common expenses

(4.1) The common expenses and the addition mentioned in clause (4) (a) shall be determined in accordance with the prescribed restrictions or requirements, if any. 2015, c. 28, Sched. 1, s. 10 (8).

Inconsistent provisions

(5) If any provision in a declaration is inconsistent with the provisions of this Act, the provisions of this Act prevail and the declaration shall be deemed to be amended accordingly. 1998, c. 19, s. 7 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (5) of the Act is amended by adding “A declaration need not be reasonable but” at the beginning. (See: 2015, c. 28, Sched. 1, s. 10 (9))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 10 (1, 2, 4-9) - not in force; 2015, c. 28, Sched. 1, s. 10 (3) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Requirements for description

8 (1) Subject to the regulations, a description shall contain,

(a)  a plan of survey showing the perimeter of the horizontal surface of the land and the perimeter of the buildings;

(b)  architectural plans of the buildings and, if there are any, structural plans of the buildings;

(c)  a specification of the boundaries of each unit by reference to the buildings or other monuments;

(d)  diagrams showing the shape and dimensions of each unit and the approximate location of each unit in relation to the other units and the buildings;

(e)  a certificate of an architect that all buildings have been constructed in accordance with the regulations and, if there are structural plans, a certificate of an engineer that all buildings have been constructed in accordance with the regulations;

(f)  a certificate signed by an Ontario land surveyor licensed under the Surveyors Act stating that the diagrams of the units are substantially accurate;

(g)  a description of all interests appurtenant to the land that are included in the property; and

(h)  all other material that the regulations require. 1998, c. 19, s. 8 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Preparation of documents

(2) A survey, plan, specification, diagram, certificate or description mentioned in subsection (1) shall be prepared in accordance with the regulations. 1998, c. 19, s. 8 (2); 2015, c. 28, Sched. 1, s. 146 (1).

Common elements, units in building

(3) A description shall not be registered unless,

(a)  the property includes common elements; and

(b)  each unit for residential purposes includes one or more buildings or is included in a building. 1998, c. 19, s. 8 (3).

Approval by examiner of surveys

(4) The examiner of surveys appointed under the Land Titles Act may require a description or an amendment to a description to be submitted to the examiner of surveys for approval before it is registered. 1998, c. 19, s. 8 (4).

Same

(5) The examiner of surveys shall approve the description or the amendment to the description if satisfied that the document submitted meets the requirements of this section and, if applicable, subsection 11 (6). 1998, c. 19, s. 8 (5); 2015, c. 28, Sched. 1, s. 11.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 11 - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Planning Act

Subdivision control

9 (1) Section 50 of the Planning Act does not apply in respect of,

(a)  dealings with whole units and common interests; or

(b)  easements transferred by or reserved to the corporation. 1998, c. 19, s. 9 (1).

Approvals of descriptions

(2) Subject to this section, the provisions of sections 51, 51.1 and 51.2 of the Planning Act that apply to a plan of subdivision apply with necessary modifications to a description or an amendment to a description. 1998, c. 19, s. 9 (2).

Registration

(3) A description or an amendment to a description shall not be registered unless,

(a)  the approval authority has approved it; or

(b)  the approval authority has exempted it from those provisions of sections 51 and 51.1 of the Planning Act that would normally apply to it under subsection (2) and it is accompanied by a certificate of exemption issued by the approval authority. 1998, c. 19, s. 9 (3).

Conversion of rented residential premises

(4) If an applicant makes an application for approval in respect of a property that includes a building or related group of buildings containing one or more premises that is used as a rented residential premises or that has been used as a rented residential premises and is vacant, the approval authority may, after consulting with the council of the local municipality in which the property is located if the approval authority is not that municipality, require the applicant to have a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person inspect the property and report to the approval authority all matters that the approval authority considers may be of concern. 1998, c. 19, s. 9 (4).

Additional conditions

(5) In addition to the conditions that it may impose under subsection 51 (25) of the Planning Act, the approval authority that receives an application described in subsection (4) may impose the conditions that it considers are reasonable in light of the report mentioned in subsection (4). 1998, c. 19, s. 9 (5).

Application for exemption

(6) Before making an application under subsection 51 (16) of the Planning Act, the owner of a property or a person authorized in writing by the owner of the property may apply to the approval authority to have the description or any part of the description exempted from those provisions of sections 51 and 51.1 of the Planning Act that would normally apply to it under subsection (2). 1998, c. 19, s. 9 (6).

Individual exemption

(7) The approval authority may grant an exemption if it believes the exemption is appropriate in the circumstances. 1998, c. 19, s. 9 (7).

Exemption made by Minister

(8) If the Minister of Municipal Affairs and Housing is the approval authority, that Minister may by regulation provide that the provisions of sections 51 and 51.1 of the Planning Act that apply to a plan of subdivision do not apply to a class of description or an amendment to a class of description specified in the regulation. 1998, c. 19, s. 9 (8).

Effect of regulation

(9) The regulation may be restricted to specified geographic areas of Ontario. 1998, c. 19, s. 9 (9).

Exemption made by municipality

(10) If the Minister of Municipal Affairs and Housing is not the approval authority, the approval authority may by by-law provide that the provisions of sections 51 and 51.1 of the Planning Act that apply to a plan of subdivision do not apply to a class of description or an amendment to a class of description specified in the by-law. 1998, c. 19, s. 9 (10).

Effect of by-law

(11) The by-law may be restricted to specified geographic areas within the geographic area of the authority. 1998, c. 19, s. 9 (11).

s. 52 of Planning Act

(12) Section 52 of the Planning Act applies in respect of a description of a vacant land condominium corporation but does not apply in respect of a description of any other corporation. 1998, c. 19, s. 9 (12).

Part II.1
condominium returns

Registrar

9.1 (1) The following person or body shall appoint a person to be known in English as the Condominium Registrar and in French as the registrateur du secteur des condominiums for the purposes of this Act and may appoint a maximum of two deputy Registrars:

1.  The board of the condominium authority, if the authority is responsible for the administration of this Part.

2.  The Minister, if there is no condominium authority that is responsible for the administration of this Part. 2015, c. 28, Sched. 1, s. 12.

Powers and duties of Registrar

(2) The Registrar shall exercise the powers and perform the duties imposed on him or her under this Act. 2015, c. 28, Sched. 1, s. 12.

Same, deputy Registrar

(3) A deputy Registrar shall perform the duties that the Registrar assigns and shall act as the Registrar in the Registrar’s absence. 2015, c. 28, Sched. 1, s. 12.

If more than one deputy Registrar

(4) If more than one deputy Registrar is appointed, only one deputy Registrar may act as the Registrar under subsection (3) at any one time. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

Returns

9.2 (1) Every corporation shall file with the Registrar the following returns by delivering them to the Registrar in the prescribed manner and within the prescribed time and by paying the applicable fee:

1.  An initial return.

2.  A turn-over return.

3.  An annual return.

4.  Other returns as prescribed. 2015, c. 28, Sched. 1, s. 12.

Contents

(2) Each return shall set out the prescribed information as of the prescribed date. 2015, c. 28, Sched. 1, s. 12.

Verification

(3) Each return shall be verified by the certificate of,

(a)  a director or officer of the corporation;

(b)  a condominium manager licensed under the Condominium Management Services Act, 2015 who provides condominium management services to the corporation under that Act; or

(c)  any other individual having knowledge of the affairs of the corporation. 2015, c. 28, Sched. 1, s. 12; 2015, c. 28, Sched. 2, s. 80 (2).

Form

(4) Each return shall be in a form that the Registrar approves. 2015, c. 28, Sched. 1, s. 12.

Incomplete return

(5) The Registrar may accept a return from a corporation for filing even if the return does not comply with the information requirements of subsection (2), but the corporation shall not be considered to have complied with this section until it has satisfied all of the requirements of this section. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018; 2015, c. 28, Sched. 2, s. 80 (2) - 01/01/2018

Notice of change

9.3 (1) Unless otherwise prescribed, every corporation shall file with the Registrar, within the prescribed time,

(a)  a notice of change for every change in the directors elected or appointed to the board; and

(b)  a notice of all additional information, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 12.

Exception

(2) It is not necessary to file a notice of change in respect of a director who is re-elected after an immediately preceding term of office. 2015, c. 28, Sched. 1, s. 12.

Verification

(3) A notice required under subsection (1) shall be verified by the certificate of,

(a)  a director or officer of the corporation;

(b)  a condominium manager licensed under the Condominium Management Services Act, 2015 who provides condominium management services to the corporation under that Act; or

(c)  any other individual having knowledge of the affairs of the corporation. 2015, c. 28, Sched. 1, s. 12; 2015, c. 28, Sched. 2, s. 80 (3).

Form

(4) A notice required under subsection (1) shall be in a form that the Registrar approves. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018; 2015, c. 28, Sched. 2, s. 80 (3) - 01/01/2018

No false or misleading statements

9.4 No person shall make a statement in any return or notice that a corporation is required to file with the Registrar if,

(a)  the statement is false or misleading with respect to any material fact; or

(b)  the statement omits to state any material fact, the omission of which makes the statement false or misleading. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

No duty of Registrar

9.5 The Registrar may accept the information contained in any return or notice filed under this Act without making any inquiry as to its completeness or accuracy. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

Late filing fee

9.6 A corporation that files a return or notice under this Part after the time set out in the regulations shall pay the late filing fee set by the Minister or, if the condominium authority is responsible for the administration of this Part, the condominium authority. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

Registrar’s database

9.7 (1) The Registrar shall maintain, in accordance with the prescribed requirements, an electronic database of,

(a)  the information contained in every return and notice that the Registrar receives under this Part; and

(b)  any other information that relates to this Part and that is prescribed. 2015, c. 28, Sched. 1, s. 12.

Publication

(2) The Registrar shall make available to the public, by electronic or other means and in accordance with the regulations, the information that is contained in the electronic database and that is prescribed. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

Confidentiality

9.8 A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Part or the regulations relating to this Part shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b)  as authorized under the Regulatory Modernization Act, 2007;

(c)  to a prescribed entity or organization, if the purpose of the communication is consumer protection;

(d)  to a law enforcement agency;

(e)  to the counsel of the person communicating the information; or

(f)  with the consent of the person to whom the information relates. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

Certificate of Registrar

9.9 (1) The Registrar may issue a certificate certifying that,

(a)  any return or notice required to be filed under this Part has been so filed or has not been so filed;

(b)  a person named in the certificate on the date or during the period specified in the certificate is shown on the records of the Registrar as a director, officer, manager or attorney for service of the corporation named in the certificate; or

(c)  information set out in the certificate has been filed under this Part and is contained in the records of the Registrar. 2015, c. 28, Sched. 1, s. 12.

Form of certificate

(2) The certificate shall be issued under the seal of the Registrar and shall be signed by the Registrar. 2015, c. 28, Sched. 1, s. 12.

Certificates as evidence

(3) A certificate purporting to be under the seal of the Registrar and signed by the Registrar, or any certified copy, shall be received in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts so certified without personal appearance to prove the seal, the signature or the official position of the person appearing to have signed the certificate. 2015, c. 28, Sched. 1, s. 12.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 12 - 01/01/2018

PART III
OWNERSHIP

Type of property

10 Units and common elements are real property for all purposes. 1998, c. 19, s. 10.

Ownership of property

11 (1) Subject to this Act, the declaration, the by-laws and the rules, each owner is entitled to exclusive ownership and use of the owner’s unit. 1998, c. 19, s. 11 (1); 2015, c. 28, Sched. 1, s. 13 (1).

Same, common elements

(2) The owners are tenants in common of the common elements and an undivided interest in the common elements is appurtenant to each owner’s unit. 1998, c. 19, s. 11 (2).

Common interests

(3) The proportions of the common interests are those expressed in the declaration. 1998, c. 19, s. 11 (3).

No separation

(4) The ownership of a unit shall not be separated from the ownership of the common interest and an instrument that purports to separate the ownership of a unit from a common interest is void. 1998, c. 19, s. 11 (4).

No division

(5) Except as provided by this Act, the common elements shall not be partitioned or divided. 1998, c. 19, s. 11 (5).

Distinction by regulations

(6) Despite anything in the declaration, the description, a by-law, an agreement or an instrument, the regulations may specify,

(a)  what parts of a property or proposed property and what other real property or personal property in respect of a property, a proposed property or a corporation constitute a unit or an asset owned by a corporation or form part of the common elements; and

(b)  rules and procedures necessary to implement anything described in clause (a). 2015, c. 28, Sched. 1, s. 13 (2).

Exception

(7) A provision of a regulation mentioned in subsection (6) ceases to apply to a corporation if a board of the corporation described in subsection (8) so decides and if the corporation has met all other requirements of this Act. 2015, c. 28, Sched. 1, s. 13 (2).

Board affected

(8) A board of the corporation mentioned in subsection (7) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include,

(a)  a new board elected pursuant to subsection 152 (6); or

(b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 13 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 13 (1, 2) - 01/11/2017

Easements

12 (1) The following easements are appurtenant to each unit and shall be for the benefit of the owner of the unit and the corporation:

1.  An easement for the provision of a service through the common elements or any other unit.

2.  An easement for support by all buildings and structures necessary for providing support to the unit.

3.  If a building or a part of a building moves after registration of the declaration and description or after having been damaged and repaired but has not been restored to the position occupied at the time of registration of the declaration and description, an easement for exclusive use and occupation over the space of the other units and common elements that would be space included in the unit if the boundaries of the unit were determined by the position of the buildings from time to time after registration of the description and not at the time of registration.

4.  If a corporation is entitled to use a service or facility in common with another corporation, an easement for access to and for the installation and maintenance of the service or facility over the land of the other corporation, described in accordance with the regulations made under this Act. 1998, c. 19, s. 12 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 12 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 14)

4.  An easement mentioned in subsection 21.1 (2) as determined in accordance with the regulations.

Same, common elements

(2) The following easements are appurtenant to the common elements:

1.  An easement for the provision of a service through a unit or through a part of the common elements of which an owner has exclusive use.

2.  An easement for support by all units necessary for providing support. 1998, c. 19, s. 12 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 14 - not in force

Effect on encumbrances

13 (1) Upon the registration of the declaration and description of a corporation that is not a common elements condominium corporation, an encumbrance against the common elements registered before the registration of the declaration and description is no longer enforceable against the common elements but is enforceable against all the units and common interests. 2017, c. 24, s. 74 (1).

Same, common elements condominium corporation

(2) Upon the registration of the declaration and description of a common elements condominium corporation, an encumbrance against the common elements registered before the registration of the declaration and description is no longer enforceable against the common elements but is enforceable against all the parcels of land mentioned in subsection 139 (1) and common interests. 2017, c. 24, s. 74 (1).

Encumbrances on or after declaration

(3) An encumbrance against the common elements on or after the registration of the declaration and description of a corporation is not enforceable against the common elements but is enforceable against all the units and common interests or, in the case of a common elements condominium corporation, against all of the parcels of land and common interests. 2017, c. 24, s. 74 (1).

Section Amendments with date in force (d/m/y)

2017, c. 24, s. 74 (1) - 01/07/2018

Discharge of encumbrance

14 (1) If an encumbrance is, by virtue of subsection 13 (1) or (3), enforceable against all the units and common interests, an owner may discharge the portion of the encumbrance that is applicable to the owner’s unit and common interest by paying to the encumbrancer the portion of the amount owing on account of principal and interest under the encumbrance that is attributable to the owner’s common interest as specified in the declaration. 2017, c. 24, s. 74 (1).

Same, common elements condominium corporation

(2) If an encumbrance is, by virtue of subsection 13 (2) or (3), enforceable against all the parcels of land mentioned in subsection 139 (1) and common interests, an owner may discharge the portion of the encumbrance that is applicable to the owner’s parcel of land and common interest by paying to the encumbrancer the portion of the amount owing on account of principal and interest under the encumbrance that is attributable to the owner’s common interest as specified in the declaration. 2017, c. 24, s. 74 (1).

Form

(3) Upon payment of the portion of the encumbrance described in subsection (1) or (2), and upon demand, the encumbrancer shall give to the owner a discharge of the owner’s unit or parcel of land, as the case may be, and common interest, in accordance with the requirements of the regulations. 2017, c. 24, s. 74.

Exception, construction lien

(4) Subsections (1), (2) and (3) do not apply if the encumbrance is a lien under the Construction Act. 2017, c. 24, s. 74 (1).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

2017, c. 24, s. 74 (1, 2) - 01/07/2018

Assessment

15 (1) Each unit, together with its appurtenant common interest, constitutes a parcel for the purpose of municipal assessment and taxation. 1998, c. 19, s. 15 (1).

Common elements

(2) Subject to subsection (3), the common elements of a corporation that is not a common elements condominium corporation do not constitute a parcel for the purpose of municipal assessment and taxation. 1998, c. 19, s. 15 (2).

Exception

(3) A part of the common elements of a corporation that is not a common elements condominium corporation constitutes a separate parcel for the purpose of municipal assessment and taxation if it is leased for business purposes under section 21, the lessee carries on an undertaking for gain on it and it is in the commercial property class prescribed under the Assessment Act. 1998, c. 19, s. 15 (3).

Common elements condominium corporation

(4) The common elements of a common elements condominium corporation constitute a parcel for the purpose of municipal assessment and taxation within each municipality in which the common elements or a part of them are located and the municipal taxes levied on the parcel or parcels shall form part of the common expenses of the corporation. 1998, c. 19, s. 15 (4).

PART IV
CORPORATION

General

Seal

16 (1) The corporation shall have a seal that the board shall adopt and may change. 1998, c. 19, s. 16 (1).

Name

(2) The name of the corporation shall appear in legible characters on the seal. 1998, c. 19, s. 16 (2).

Objects

17 (1) The objects of the corporation are to manage the property and the assets, if any, of the corporation on behalf of the owners. 1998, c. 19, s. 17 (1).

Duties

(2) The corporation has a duty to control, manage and administer the common elements and the assets of the corporation. 1998, c. 19, s. 17 (2).

Ensuring compliance

(3) The corporation has a duty to take all reasonable steps to ensure that the owners, the occupiers of units, the lessees of the common elements and the agents and employees of the corporation comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 17 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 15)

Levies only for corporation’s loss

(4) Subject to the other provisions of this Act, the corporation shall not levy any penalty, fine or any other amount against an owner, an occupier of a unit in the corporation or any other prescribed person if it does not indemnify or compensate the corporation for an actual loss, as is prescribed, that the corporation has incurred in the performance of the corporation’s objects and duties. 2015, c. 28, Sched. 1, s. 15.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 15 - not in force

Agreement for management services

17.0.1 A corporation shall not enter into an agreement with a condominium management provider or a condominium manager to receive condominium management services unless the provider or manager, as the case may be, is licensed under the Condominium Management Services Act, 2015. 2015, c. 28, Sched. 2, s. 80 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 2, s. 80 (4) - 01/02/2018

Dealing with title to real property

17.1 Nothing in this Act confers on the corporation the power to grant, transfer, lease, release, dispose of or otherwise deal with the title to any real property that the corporation does not own or any interest in real property where the corporation does not own the interest, unless this Act specifically confers the power on the corporation. 2000, c. 26, Sched. B, s. 7 (1).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (1) - 5/05/2001

Assets

18 (1) The corporation may own, acquire, encumber and dispose of real and personal property only for purposes that are consistent with the objects and duties of the corporation. 1998, c. 19, s. 18 (1).

Interests in real property

(1.1) The assets of the corporation do not include any real property that the corporation does not own or any interest in real property where the corporation does not own the interest. 2000, c. 26, Sched. B, s. 7 (2).

Interest in assets

(2) The owners share the assets of the corporation in the same proportions as the proportions of their common interests in accordance with this Act, the declaration and the by-laws. 1998, c. 19, s. 18 (2).

Validity of easement

(3) A grant or transfer of an easement to the corporation is valid even though the corporation does not own land capable of being benefited by the easement. 1998, c. 19, s. 18 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (2) - 5/05/2001

Right of entry

19 On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements of which an owner has exclusive use at any reasonable time to perform the objects and duties of the corporation or to exercise the powers of the corporation. 1998, c. 19, s. 19.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 19 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 16)

Right of entry

19 (1) Subject to subsection (2), on giving reasonable notice to an owner, the corporation or a person authorized by the corporation may, at any reasonable time, enter a unit of the owner in the corporation or a part of the common elements of which the owner has exclusive use to perform the objects and duties of the corporation or to exercise the powers of the corporation. 2015, c. 28, Sched. 1, s. 16.

Same, no notice

(2) Subject to any conditions or restrictions in the regulations, the declaration or a by-law may permit the corporation or a person authorized by the corporation to enter the unit or part of the common elements of which the owner has exclusive use without prior notice to the owner in the event of an emergency or other event or circumstance as is prescribed. 2015, c. 28, Sched. 1, s. 16.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 16 - not in force

Easements described in declaration or phase

20 (1) An easement described in subsection (2) is created,

(a)  upon the registration of a declaration and description that creates a corporation, if the easement is described in the declaration and description; or

(b)  upon the registration of an amendment to a declaration and description that creates a phase within the meaning of Part XI in a phased condominium corporation, if the easement is described in the amendment. 1998, c. 19, s. 20 (1).

Application

(2) Subsection (1) applies to an easement that,

(a)  imposes a benefit or a burden on land owned by the declarant other than the property; or

(b)  the approval authority requires as a condition of approving the declaration and description for the corporation. 1998, c. 19, s. 20 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 17 (1))

Application

(2) Subsection (1) applies to,

(a)  an easement that provides a benefit to or imposes a burden on land owned by the declarant other than the property; or

(b)  an easement that,

(i)  the approval authority requires as a condition of approving the declaration and description for the corporation, and

(ii)  complies with the prescribed requirements if it provides a benefit to or imposes a burden on land that is not the property or land owned by the declarant. 2015, c. 28, Sched. 1, s. 17 (1).

Creation of easement

(3) No deed or other document is required to be registered or delivered to the owner of the land benefited by an easement that is created under subsection (1) in order for the easement to be made effective. 1998, c. 19, s. 20 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 17 (1))

Creation of easement

(3) No deed or other document is required to be registered or delivered in order for an easement that is created under subsection (1) to be effective. 2015, c. 28, Sched. 1, s. 17 (1).

Validity of easement

(4) An easement that is created under subsection (1) is valid even though the declarant owns the land to be benefited or burdened by the easement in addition to owning the land relating to the easement that is described in the description. 1998, c. 19, s. 20 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (4) of the Act is amended by striking out “even though” and substituting “even if”. (See: 2015, c. 28, Sched. 1, s. 17 (2))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 17 - not in force

Easements and lease of common elements

21 (1) The corporation may by by-law,

(a)  lease a part of the common elements, except a part that the declaration specifies is to be used only by the owners of one or more designated units and not by all the owners;

(b)  grant or transfer an easement or licence through the common elements; or

(c)  release an easement that is part of the common elements. 1998, c. 19, s. 21 (1); 2000, c. 26, Sched. B, s. 7 (3).

Binding on all owners

(2) A lease, grant, transfer or release mentioned in subsection (1), signed by the authorized officers of the corporation, affects the interest of every owner in the common elements as if the lease, grant, transfer or release had been executed by that owner. 1998, c. 19, s. 21 (2); 2000, c. 26, Sched. B, s. 7 (4).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (3, 4) - 05/05/2001

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 18)

Shared facilities agreement

21.1 (1) Subject to the regulations, if any of the following persons or any combination of them share or are proposed to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services, they shall enter into an agreement that meets the prescribed requirements and shall ensure that it is registered in accordance with the regulations:

1.  Two or more corporations.

2.  A corporation and any other person.

3.  A corporation and one or more declarants.

4.  A declarant and one or more corporations.

5.  Two or more declarants.

6.  A declarant and any other person. 2015, c. 28, Sched. 1, s. 18.

Covenants running with real property

(2) Unless the regulations provide otherwise, any easement or covenant, whether positive or negative in nature, in an agreement mentioned in subsection (1) shall run with any real property that receives a benefit or is subject to a burden under the agreement. 2015, c. 28, Sched. 1, s. 18.

Enforcement

(3) The following persons may enforce the easement or covenant against each other:

1.  A party to the agreement.

2.  The owner or any subsequent owner of the real property.

3.  If the real property is property, to which the objects and duties of a corporation apply under section 17, then, subject to the regulations, the corporation and any of its successors and assigns. 2015, c. 28, Sched. 1, s. 18.

By-laws and rules

(4) The parties to an agreement mentioned in subsection (1) may, in accordance with the regulations, make, amend or repeal joint by-laws or rules governing the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services that are subject to the agreement. 2015, c. 28, Sched. 1, s. 18.

Non-application

(5) Sections 56 and 58 do not apply to any by-law or rule made under subsection (4). 2015, c. 28, Sched. 1, s. 18.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 18 - not in force

Telecommunications agreements

22 (1) In this section,

“telecommunications” means the emission, transmission or reception of any combination of signs, signals, writing, images, sound, data, alphanumeric characters or intelligence of any nature by wire, cable, radio or an optical, electromagnetic or any similar technical system; (“télécommunications”)

“telecommunications agreement” means an agreement for the provision of services or facilities related to telecommunications to, from or within the property of a corporation and includes a grant or transfer of an easement, lease or licence through the property of a corporation for the purposes of telecommunications. (“convention concernant les télécommunications”)  1998, c. 19, s. 22 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “telecommunications agreement” in subsection 22 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 19 (1))

“telecommunications agreement” means an agreement for the provision of services or facilities related to telecommunications to, from or within a property and includes a grant or transfer of an easement, lease or licence through the property for the purposes of telecommunications. (“convention concernant les télécommunications”) 

By-law not required

(2) Despite subsection 21 (1), a corporation may, by resolution of the board without a by-law,

(a)  make an agreement for a network upgrade to a telecommunications system that services the units of the corporation;

(b)  make an agreement for a telecommunications system that is not connected to a telecommunications system that services the units of the corporation; or

(c)  amend an agreement for a telecommunications system that services the units of the corporation to permit the other party to the agreement to supply and invoice part or all of the services directly to the unit owners. 1998, c. 19, s. 22 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 22 (2) (a), (b) and (c) of the Act are amended by striking out “the units of the corporation” wherever that expression appears and substituting in each case “the units in the corporation”. (See: 2015, c. 28, Sched. 1, s. 19 (2))

Notice required

(3) Subsections 97 (3), (4), (5) and (6) apply to an agreement described in subsection (2) as if it were a change in a service that a corporation provides to the owners. 1998, c. 19, s. 22 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (3) of the Act is amended by striking out “97 (3), (4), (5) and (6)” and substituting “97 (6), (7), (8) and (9)”. (See: 2015, c. 28, Sched. 1, s. 19 (3))

Charge to unit owners

(4) The cost of the services that are invoiced directly to the unit owners under clause (2) (c) shall not form part of the common expenses, despite anything in the declaration. 1998, c. 19, s. 22 (4).

Telecommunications easement

(5) A corporation and a party, if any, that has entered into a telecommunications agreement with the corporation shall have a non-exclusive easement over the part of the property described in clause (b) for the purpose of installing and using a telecommunications system if,

(a)  the corporation was created on or after the day this section comes into force and includes one or more units for residential purposes;

(b)  part of the property is designed to control, facilitate or provide telecommunications to, from or within the property; and

(c)  the corporation does not have an easement over the property described in the description or a right to use the property that is adequate for,

(i)  the telecommunications agreement that it has entered into with respect to the property, if it has entered into such an agreement, or

(ii)  the telecommunications system that the corporation intends to install and use on the property, if it has not entered into a telecommunications agreement with respect to the property. 1998, c. 19, s. 22 (5).

Duty to accommodate easement

(6) If a telecommunications system installed on the part of the property described in clause (5) (b) interferes with a telecommunications system that the corporation intends to have installed and to use on the property described in the description, the owner of the part of the property shall, upon 30 days written notice by the owner of the easement described in subsection (5), take all necessary steps that are reasonable to accommodate the intended telecommunications system. 1998, c. 19, s. 22 (6).

Validity of easement

(7) The easement is valid even though the corporation and the party, if any, that has entered into a telecommunications agreement with the corporation own no land to be benefited by the easement. 1998, c. 19, s. 22 (7).

Easements non-exclusive

(8) If the property of a corporation that includes one or more units for residential purposes is subject to an easement for the purposes of telecommunications and at least 10 years have passed since the later of the execution of the grant of the easement and the registration of the declaration and description, then, despite anything in the grant, the easement shall be deemed to be non-exclusive. 1998, c. 19, s. 22 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (8) of the Act is amended by striking out “If the property of a corporation that” at the beginning and substituting “If a property that”. (See: 2015, c. 28, Sched. 1, s. 19 (4))

Termination of agreements

(9) A corporation that includes one or more units for residential purposes may terminate a telecommunications agreement if,

(a)  at least 10 years have passed since the later of the execution of the agreement and the registration of the declaration and description;

(b)  the board has, by resolution, approved the termination of the agreement;

(c)  the owners of more than 50 per cent of the units at the time the board passes the resolution consent in writing to the termination of the agreement; and

(d)  the corporation has given the person 120 days written notice of the termination. 1998, c. 19, s. 22 (9).

Loss of owner’s right to consent

(9.1) An owner is not entitled to consent under clause (9) (c) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 19 (5).

Payment of arrears

(9.2) An owner who, under subsection (9.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 19 (5).

Exception

(10) Subsection (9) does not apply to a telecommunications agreement if,

(a)  the corporation entered into the agreement after a new board is elected at a turn-over meeting held under section 43;

(b)  the agreement is non-exclusive; and

(c)  the agreement makes allowance for the installation of alternate telecommunications systems. 1998, c. 19, s. 22 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 22 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 19 (6))

No liability

(10.1) If, under subsection (9), a corporation terminates an agreement, the corporation and its directors, officers and owners are not liable for,

(a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees;

(b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or

(c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 19 (6).

Personal property

(11) If, under subsection (9), a corporation terminates a telecommunications agreement, a party to the agreement may, on giving reasonable notice to the corporation, remove personal property that it owns and that is located on the property that was subject to the agreement within 30 days after the termination of the agreement. 1998, c. 19, s. 22 (11).

Duties on removal

(12) A party removing personal property under subsection (11) shall,

(a)  carry out the removal in a manner that facilitates the installation of other similar personal property for the purposes of telecommunications; and

(b)  reimburse the corporation for the damage, if any, that the removal causes to the property of the corporation. 1998, c. 19, s. 22 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (12) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 19 (7))

(b)  reimburse the corporation for the damage, if any, that the removal causes to the property that was subject to the agreement.

Abandonment

(13) A party to a telecommunications agreement that has the right to remove its personal property under subsection (11) shall be deemed to have abandoned the property if it does not remove the property within the time specified in that subsection. 1998, c. 19, s. 22 (13).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 19 (1-4, 6, 7) - not in force; 2015, c. 28, Sched. 1, s. 19 (5) - 01/11/2017

Action by corporation

23 (1) Subject to subsection (2), in addition to any other remedies that a corporation may have, a corporation may, on its own behalf and on behalf of an owner,

(a)  commence, maintain or settle an action for damages and costs in respect of any damage to common elements, the assets of the corporation or individual units; and

(b)  commence, maintain or settle an action with respect to a contract involving the common elements or a unit, even though the corporation was not a party to the contract in respect of which the action is brought. 1998, c. 19, s. 23 (1).

Notice to owners

(2) Before commencing an action mentioned in subsection (1), the corporation shall give written notice of the general nature of the action to all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record except if,

(a)  the action is to enforce a lien of the corporation under section 85 or to fulfil its duty under subsection 17 (3); or

(b)  the action is commenced in the Small Claims Court. 1998, c. 19, s. 23 (2); 2015, c. 28, Sched. 1, s. 20.

Costs

(3) Unless the board determines otherwise, the legal and court costs in an action that the corporation commences or maintains in whole or in part on behalf of any owners in respect of their units shall be borne by those owners in the proportion in which their interests are affected. 1998, c. 19, s. 23 (3).

Judgment as asset

(4) A judgment for payment in favour of the corporation in an action that the corporation commences or maintains on its own behalf is an asset of the corporation. 1998, c. 19, s. 23 (4).

Corporation may be sued

(5) The corporation may, as representative of the owners of the units, be sued in respect of any matter relating to the common elements or assets of the corporation. 1998, c. 19, s. 23 (5).

Judgment against corporation

(6) A judgment for the payment of money against the corporation is also a judgment against each owner at the time of judgment for a portion of the judgment determined by the proportions specified in the declaration for sharing the common interests. 1998, c. 19, s. 23 (6).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 20 - 01/11/2017

Restriction on ability to sue

23.1 (1) A corporation that has unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) is not capable of maintaining,

(a)  a proceeding before the Condominium Authority Tribunal if the condominium authority exists; or

(b)  a proceeding in a court in Ontario except with leave of the court. 2015, c. 28, Sched. 1, s. 21.

Leave of court

(2) The court shall grant leave if the court is satisfied that,

(a)  the failure to pay the fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) was inadvertent;

(b)  there is no evidence that the public or the owners of the corporation have been deceived or misled; and

(c)  at the time of the application to the court, the corporation had no unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1). 2015, c. 28, Sched. 1, s. 21.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 21 - 01/09/2017

Contracts valid

23.2 No contract is void or voidable by reason only that it was entered into by a corporation that has unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) at the time the contract was made. 2015, c. 28, Sched. 1, s. 21.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 21 - 01/09/2017

Notices under the Expropriations Act

24 (1) For the purposes of the Expropriations Act, if the land to be expropriated is part of the common elements of a corporation and does not include any units, any document that an expropriating authority is required or entitled to serve on the owner of the land, including a notice, an appraisal report and an offer of compensation, is sufficiently served on the owners of the land if the expropriating authority serves the document,

(a)  on the corporation; and

(b)  if the land to be expropriated is part of the common elements that the declaration specifies are for the exclusive use of the owners of one or more of the units in the corporation, but not all the owners, on the owners of those units. 1998, c. 19, s. 24 (1); 2015, c. 28, Sched. 1, s. 22 (1).

Notice to owners

(2) Within 15 days of being served with a document under subsection (1), the corporation shall notify all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record that it has been served with a document for the purposes of the Expropriations Act and shall make a copy of the document available for examination by them. 1998, c. 19, s. 24 (2); 2015, c. 28, Sched. 1, s. 22 (2).

Corporation acting for owners

(3) For the purposes of the Expropriations Act, all the rights under that Act of the owners of the land to be expropriated in respect of which a document has been served on the corporation under subsection (1) shall be transferred to and exercised by the corporation, subject to section 126. 1998, c. 19, s. 24 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 22 (1, 2) - 01/11/2017

Notices under the Planning Act

25 A corporation that is served with a notice under the Planning Act shall, within 15 days of being served, notify all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record that it has been served with a notice under that Act and shall make a copy of the notice available for examination by them. 1998, c. 19, s. 25; 2015, c. 28, Sched. 1, s. 22 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 22 (2) - 01/11/2017

Occupier’s liability

26 For the purposes of determining liability resulting from breach of the duties of an occupier of land, the corporation shall be deemed to be the occupier of the common elements and the owners shall be deemed not to be occupiers of the common elements. 1998, c. 19, s. 26.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 23)

No acquisition of units, etc.

26.1 (1) Despite anything in the declaration, a by-law, an agreement or an instrument, until a board of a corporation described in subsection (2) decides otherwise, the corporation shall not acquire an interest or a right in a unit, other real property or personal property except for no consideration, unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 23.

Board affected

(2) A board of a corporation mentioned in subsection (1) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include,

(a)  a new board elected pursuant to subsection 152 (6); or

(b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 23.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 23 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 24)

Existing remedies

26.2 (1) Unless the regulations provide otherwise, nothing in a declaration, a by-law, an agreement or an instrument affects any remedy that the corporation may have at law against a declarant or a declarant affiliate until a board of the corporation described in subsection (2) decides otherwise. 2015, c. 28, Sched. 1, s. 24.

Board affected

(2) A board of a corporation mentioned in subsection (1) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include,

(a)  a new board elected pursuant to subsection 152 (6); or

(b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 24.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 24 - not in force

Information certificate to owners

26.3 A corporation shall send to the owners,

(a)  at least once every three months or at such other time periods as are prescribed, a certificate that is prepared in accordance with the regulations and that contains the statements described in clauses 76 (1) (d), (e) and (h), the certificate or memorandum described in clause 76 (1) (p) and all other information relating to the corporation as is prescribed; and

(b)  at the prescribed times, a certificate that is prepared in accordance with the regulations and that includes all other prescribed information relating to the corporation. 2015, c. 28, Sched. 1, s. 25.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 25 - 01/11/2017

Directors and Officers

Board of directors

27 (1) A board of directors shall manage the affairs of the corporation. 1998, c. 19, s. 27 (1).

Number

(2) Subject to subsection 42 (4), the board shall consist of at least three persons or such greater number as the by-laws may provide. 1998, c. 19, s. 27 (2).

Change in number

(3) The corporation may by by-law increase or, subject to subsection (2), decrease the number of directors as set out in its by-laws. 1998, c. 19, s. 27 (3).

Election of directors

28 (1) Subject to subsection 42 (1), the owners shall elect the board of directors in accordance with this Act and the by-laws. 1998, c. 19, s. 28 (1).

Notice of candidates

(2) The notice of a meeting to elect one or more directors shall include the name and address of each individual who, for the purpose of clause 45.1 (1) (a), has notified the board in writing and in accordance with the regulations, if any, of the intention to be a candidate in the election by the date specified in the preliminary notice that the board is required to send under subsection 45.1 (1). 2015, c. 28, Sched. 1, s. 26 (1).

Notice of owner-occupant position

(3) If, under subsection 51 (6), one position on the board is reserved for voting by owners of owner-occupied units, the notice of meeting shall include,

(a)  a statement that one position on the board is reserved for voting by owners of owner-occupied units; and

(b)  a statement indicating which persons have notified the board in writing as of the day before the notice is sent that they intend to be candidates for the position on the board reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 28 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 26 (2))

Notice of non-leased voting position

(3) If, under subsection 51 (6), one position on the board is reserved for voting by owners of non-leased voting units, the notice of meeting shall include,

(a)  a statement that one position on the board is reserved for voting by owners of non-leased voting units; and

(b)  a statement indicating the name and address of each individual who, for the purpose of subclause 45.1 (1) (a.1) (iv), has notified the board in writing of an intention to be a candidate for the position on the board reserved for voting by owners of non-leased voting units. 2015, c. 28, Sched. 1, s. 26 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 26 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 26 (2) - not in force

Qualifications

29 (1) No person shall be a director if,

(a)  the person is not an individual;

(b)  the person is under 18 years of age;

(c)  the person has the status of bankrupt;

(d)  the person has been found, under the Substitute Decisions Act, 1992 or the Mental Health Act, to be incapable of managing property;

(e)  subject to the regulations, the person has been found to be incapable by any court in Canada or elsewhere; or

(f)  the person has not complied with the prescribed disclosure obligations within the prescribed time. 2015, c. 28, Sched. 1, s. 27.

Disqualification

(2) A person immediately ceases to be a director if,

(a)  the person has the status of bankrupt;

(b)  the person has been found, under the Substitute Decisions Act, 1992 or the Mental Health Act, to be incapable of managing property;

(c)  subject to the regulations, the person has been found to be incapable by any court in Canada or elsewhere;

(d)  a certificate of lien has been registered under subsection 85 (2) against a unit owned by the person and the person does not obtain a discharge of the lien under subsection 85 (7) within 90 days of the registration of the certificate of lien;

(e)  the person has not completed the prescribed training within the prescribed time; or

(f)  the person has not complied with the prescribed disclosure obligations within the prescribed time. 2015, c. 28, Sched. 1, s. 27.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 17 - 15/12/2009

2015, c. 28, Sched. 1, s. 27 - 01/11/2017

Consent

30 (1) A person shall not be elected or appointed as a director unless the person consents. 1998, c. 19, s. 30 (1).

Deemed consent

(2) A person shall be deemed to consent if the person is present at the meeting when elected or appointed and does not refuse to act as a director. 1998, c. 19, s. 30 (2).

Written consent

(3) A person who is not present at the meeting may be elected or appointed if the person consents in writing to act as director before the meeting or within 10 days after the meeting. 1998, c. 19, s. 30 (3).

Non-compliance

(4) The election or appointment of a person as director contrary to this section is ineffective. 1998, c. 19, s. 30 (4).

Term

31 (1) Except in the case of directors appointed to the first board of directors under subsection 42 (1), a director is elected for a term of three years or such lesser period as the by-laws may provide. 1998, c. 19, s. 31 (1).

Same

(2) Despite subsection (1), a director may continue to act until a successor is elected. 1998, c. 19, s. 31 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 31 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 28)

Same

(2) Despite subsection (1), a director may continue to act until,

(a)  a successor is elected, if the director is not elected to a position described in subsection 51 (6); or

(b)  if the director is elected to a position described in subsection 51 (6), the earlier of,

(i)  the time at which a successor is elected, and

(ii)  the first annual general meeting following the expiration of the director’s term. 2015, c. 28, Sched. 1, s. 28.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 28 - not in force

Conduct of business

32 (1) Subject to subsection 42 (5), the board of a corporation shall not transact any business of the corporation except at a meeting of directors at which a quorum of the board is present. 1998, c. 19, s. 32 (1).

Quorum

(2) A quorum for the transaction of business is a majority of the number of persons of which the board consists in accordance with this Act, irrespective of any vacancy that arises in the board. 2015, c. 28, Sched. 1, s. 29.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 29 - 01/11/2017

Removal

33 (1) Subject to subsection 51 (8), a director, other than a director on the first board, may be removed before the expiration of the director’s term of office by a vote of the owners at a meeting duly called for that purpose in accordance with section 46 where the owners of more than 50 per cent of all of the units in the corporation vote in favour of removal. 1998, c. 19, s. 33 (1); 2015, c. 28, Sched. 1, s. 30.

Replacement

(2) In accordance with the by-laws dealing with the election of directors, the owners may, at the meeting, elect any person qualified to be a member of the board for the remainder of the term of a director who has been removed. 1998, c. 19, s. 33 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 30 - 01/11/2017

Vacancy

34 (1) If a vacancy arises in the board, the remaining directors may exercise all the powers of the board as long as a quorum of the board remains in office. 1998, c. 19, s. 34 (1).

Replacement made by board

(2) If a vacancy arises in the board, including in a position described in subsection 51 (6), and if a quorum of the board remains in office, the majority of the remaining members of the board may appoint any person qualified to be a member of the board to fill the vacancy until the next annual general meeting. 1998, c. 19, s. 34 (2); 2015, c. 28, Sched. 1, s. 31 (1).

Replacement made by owners

(3) Subject to subsection 51 (6), at the annual general meeting mentioned in subsection (2) the owners shall elect a person to fill the vacancy that arose under that subsection who shall hold office for the remainder of the term of the director whose position became vacant. 1998, c. 19, s. 34 (3).

Election when no quorum

(4) If a vacancy arises in the board and there are not enough directors remaining in office to constitute a quorum, the remaining directors shall, within 30 days of losing the quorum, call and hold a meeting of owners to fill all vacancies in the board. 1998, c. 19, s. 34 (4).

Owner may call meeting

(5) If the directors do not call and hold the meeting or if there are no directors then in office, an owner may call the meeting in accordance with the regulations. 1998, c. 19, s. 34 (5); 2015, c. 28, Sched. 1, s. 31 (2).

Reimbursement of cost

(6) Upon request, the corporation shall reimburse an owner who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 34 (6).

Increase

(7) Despite subsection (2), a vacancy resulting from an increase in the number of directors shall be filled only by election at a meeting of owners duly called for that purpose and the directors so elected shall not act until the by-law increasing the number of directors is registered under subsection 56 (9). 1998, c. 19, s. 34 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 31 (1, 2) - 01/11/2017

Meetings of directors

35 (1) In addition to meetings of the directors required by the by-laws of the corporation, a quorum of the directors may, at any time, call a meeting for the transaction of any business. 1998, c. 19, s. 35 (1).

Notice

(2) The person calling a meeting of directors shall give a written notice of the meeting to every director of the corporation,

(a)  at least 10 days before the day of the meeting, unless the by-laws specify otherwise; and

(b)  by delivering it to the director personally or by sending it by prepaid mail, courier delivery or electronic communication addressed to the director at the latest address as shown on the records of the corporation, unless the by-laws specify otherwise. 1998, c. 19, s. 35 (2).

Content of notice

(3) The notice shall state the following:

1.  The time of the meeting.

2.  If the directors may attend the meeting in person, the place of the meeting.

3.  If the directors may attend the meeting by telephonic or electronic means, instructions for attending and participating in the meeting by telephonic or electronic means that will be made available for the meeting, including, if applicable, instructions for voting by such means at the meeting.

4.  The general nature of the business to be discussed at the meeting. 2023, c. 9, Sched. 7, s. 2 (1).

Waiver of notice

(4) A director who attends a meeting shall be deemed to have waived the right to object to a failure to give the required notice unless the director expressly objects to the failure at the meeting. 1998, c. 19, s. 35 (4).

Meeting of directors by telephonic or electronic means

(5) Subject to the by-laws and subsection (7), a meeting of directors may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 2 (2).

Same, by-laws

(6) In addition to any other matters that the by-laws may provide for with respect to the holding of meetings of directors in accordance with subsection (5), the by-laws may,

(a)  limit the manner or manners by which a meeting of directors may be held in accordance with subsection (5); and

(b)  specify requirements that apply with respect to the holding of a meeting of directors in a manner described in subsection (5) or in such manner as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 2 (2).

Same, ability to communicate

(7) A meeting of directors held in any manner described in subsection (5) or in such manner as described by the by-laws made under subsection (6) must provide that all persons attending the meeting are able to communicate with each other simultaneously and instantaneously. 2023, c. 9, Sched. 7, s. 2 (2).

Same, persons deemed present at meeting

(8) A person who, through telephonic or electronic means, attends a meeting of directors is deemed for the purposes of this Act to be present at the meeting. 2023, c. 9, Sched. 7, s. 2 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 32 - 01/11/2017

2023, c. 9, Sched. 7, s. 2 (1, 2) - 01/10/2023

Officers

36 (1) A corporation shall have a president and a secretary and all other officers that are provided for by by-law or by resolution of the directors. 1998, c. 19, s. 36 (1).

Election and appointment

(2) Subject to the by-laws, the directors,

(a)  shall elect the president from among themselves;

(b)  shall appoint or elect the secretary; and

(c)  may appoint or elect one or more vice-presidents or other officers. 1998, c. 19, s. 36 (2).

Holding several offices

(3) The same person may hold two or more offices of the corporation. 1998, c. 19, s. 36 (3).

Standard of care

37 (1) Every director and every officer of a corporation in exercising the powers and discharging the duties of office shall,

(a)  act honestly and in good faith; and

(b)  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 1998, c. 19, s. 37 (1).

Validity of acts

(2) The acts of a director or officer are valid despite any defect that may afterwards be discovered in the person’s election, appointment or qualifications. 1998, c. 19, s. 37 (2).

Liability of directors

(3) A director shall not be found liable for a breach of a duty mentioned in subsection (1) if the breach arises as a result of the director’s relying in good faith upon,

(a)  financial statements of the corporation that the auditor in a written report, an officer of the corporation or a condominium manager who provides condominium management services to the corporation under an agreement between the corporation and either the manager or a condominium management provider represents to the director as presenting fairly the financial position of the corporation in accordance with generally accepted accounting principles; or

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (3) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 33)

(a.1)  a report or opinion of a reserve fund study provider with respect to a reserve fund or a reserve fund study, as determined by the regulations, if any; or

(b)  a report or opinion of a lawyer, public accountant, engineer, appraiser or other person whose profession lends credibility to the report or opinion. 1998, c. 19, s. 37 (3); 2004, c. 8, s. 47 (1); 2015, c. 28, Sched. 2, s. 80 (5).

Section Amendments with date in force (d/m/y)

2004, c. 8, s. 47 (1) - 01/11/2005

2015, c. 28, Sched. 1, s. 33 - not in force; 2015, c. 28, Sched. 2, s. 80 (5) - 01/11/2017

Indemnification

38 (1) Subject to subsection (2), the by-laws of a corporation may provide that every director and every officer of the corporation and the person’s heirs, executors, administrators, estate trustees and other legal personal representatives may from time to time be indemnified and saved harmless by the corporation from and against,

(a)  any liability and all costs, charges and expenses that the director or officer sustains or incurs in respect of any action, suit or proceeding that is proposed or commenced against the person for or in respect of anything that the person has done, omitted to do or permitted in respect of the execution of the duties of office; and

(b)  all other costs, charges and expenses that the person sustains or incurs in respect of the affairs of the corporation. 1998, c. 19, s. 38 (1).

Not for breach of duty

(2) No director or officer of a corporation shall be indemnified by the corporation in respect of any liability, costs, charges or expenses that the person sustains or incurs in or about an action, suit or other proceeding as a result of which the person is adjudged to be in breach of the duty to act honestly and in good faith. 1998, c. 19, s. 38 (2).

Insurance

39 If the insurance is reasonably available, a corporation shall purchase and maintain insurance for the benefit of a director or officer against the matters described in clauses 38 (1) (a) and (b) except insurance against a liability, cost, charge or expense of the director or officer incurred as a result of a breach of the duty to act honestly and in good faith. 1998, c. 19, s. 39.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 34)

Procurement process, etc.

39.1 A corporation shall not enter into a prescribed contract or transaction unless the procurement process and other contracts or arrangements that the corporation entered into in relation to the contract or transaction meet the prescribed requirements. 2015, c. 28, Sched. 1, s. 34.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 34 - not in force

Disclosure by director of interest

40 (1) A director of a corporation who has, directly or indirectly, an interest in a contract or transaction to which the corporation is a party or a proposed contract or transaction to which the corporation will be a party, shall disclose in writing to the corporation the nature and extent of the interest. 1998, c. 19, s. 40 (1).

Interest to be material

(2) Subsection (1) does not apply to a contract or transaction or a proposed contract or transaction unless both it and the director’s interest in it are material. 1998, c. 19, s. 40 (2).

Purchase of property

(3) If the contract or transaction or the proposed contract or transaction to which subsection (1) applies involves the purchase or sale of real or personal property by the corporation that the seller acquired within five years before the date of the contract or transaction or the proposed contract or transaction, the director shall disclose the cost of the property to the seller, to the extent to which that information is within the director’s knowledge or control. 1998, c. 19, s. 40 (3).

Time of disclosure

(4) The disclosure required by this section shall be made,

(a)  at the meeting of the board at which the contract or transaction or the proposed contract or transaction is first considered;

(b)  if the director is not as of the date of the meeting mentioned in clause (a) interested in the contract or transaction or the proposed contract or transaction, at the next meeting of the directors held after the director becomes so interested;

(c)  if the director becomes interested in the contract or transaction after it is entered into, at the first meeting of the directors held after the director becomes so interested; or

(d)  if the contract or transaction or the proposed contract or transaction is one that in the ordinary course of the corporation’s business would not require approval by the directors or owners, at the first meeting of the directors held after the director becomes aware of the contract or transaction or the proposed contract or transaction. 1998, c. 19, s. 40 (4).

Minutes

(5) The board shall enter the disclosure made by a director under this section in the minutes of the meeting of the board at which the disclosure was made. 1998, c. 19, s. 40 (5).

Right to vote

(6) The director shall not be present during the discussion at a meeting, vote or be counted in the quorum on a vote with respect to a contract or transaction or a proposed contract or transaction to which subsection (1) applies unless the director’s interest in it,

(a)  is or would be limited solely to the insurance described in section 39 or remuneration as a director, officer or employee of the corporation; or

(b)  arises or would arise solely because the director is a director, officer or employee of the declarant, if the director has been appointed to the first board by the declarant under subsection 42 (1). 1998, c. 19, s. 40 (6).

Effect of disclosure

(7) A director who has complied with the requirements of this section and who was acting honestly and in good faith at the time the contract or transaction was entered into, is not, by reason only of holding the office of director, accountable to the corporation or to its owners for any profit or gain realized from the contract or transaction, and the contract or transaction is not voidable by reason only of the director’s interest in it. 1998, c. 19, s. 40 (7).

Confirmation by owners

(8) Despite anything in this section, a director who has acted honestly and in good faith is not accountable to the corporation or to the owners for any profit or gain realized from the contract or transaction by reason only of holding the office of director, and the contract or transaction is not voidable by reason only of the director’s interest in it if,

(a)  the contract or transaction is confirmed or approved by at least two-thirds of the votes cast at a meeting of owners duly called for that purpose; and

(b)  the nature and extent of the director’s interest in the contract or transaction are declared and disclosed in reasonable detail in the notice calling the meeting. 1998, c. 19, s. 40 (8).

Disclosure by officer of interest

41 (1) An officer of a corporation who is not a director and who has, directly or indirectly, an interest in a contract or transaction to which the corporation is a party or a proposed contract or transaction to which the corporation will be a party, shall disclose in writing to the corporation the nature and extent of the interest. 1998, c. 19, s. 41 (1).

Time of disclosure

(2) An officer who is required to make a disclosure under subsection (1) shall make the disclosure at the first meeting of the board held after the officer becomes aware of the contract or transaction or the proposed contract or transaction. 1998, c. 19, s. 41 (2).

Application of s. 40

(3) Subsections 40 (2), (3), (5), (7) and (8) apply to an officer of a corporation who is not a director as if all references to a director in those subsections were references to an officer. 1998, c. 19, s. 41 (3).

Transfer of Control by Declarant

First board of directors

42 (1) Within 10 days after the registration of the declaration and description, the declarant shall appoint the first board of a corporation. 1998, c. 19, s. 42 (1).

Replacements

(2) The declarant may revoke the appointment of a director to the first board and appoint another director to the first board who shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (2).

Term

(3) The first board shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (3).

Number

(4) The first board shall consist of three persons or such greater number as the declaration provides. 1998, c. 19, s. 42 (4).

Conduct of business

(5) A written resolution that is adopted by the first board before the owners elect a director to the first board under subsection (8) and that is signed by all the directors entitled to vote on the resolution at a meeting of the first board, is valid even though no meeting is held to vote on the resolution. 1998, c. 19, s. 42 (5).

Owners’ meeting

(6) Subject to subsection (7), the first board shall call and hold a meeting of owners by the later of,

(a)  the 30th day after the day by which the declarant has transferred 20 per cent of the units in the corporation; and

(b)  the 90th day after the declarant transfers the first unit in the corporation. 1998, c. 19, s. 42 (6).

Exception

(7) The first board is not required to call or hold the meeting mentioned in subsection (6) if, by the day set for the meeting, the declarant no longer owns a majority of the units and advises the first board in writing of that fact. 1998, c. 19, s. 42 (7).

Election of directors

(8) At the meeting mentioned in subsection (6), the owners, other than the declarant, may elect two directors to the first board. 1998, c. 19, s. 42 (8).

Quorum

(9) At the meeting mentioned in subsection (6), the quorum for the election of directors under subsection (8) is those owners who own 25 per cent of the units in the corporation not owned by the declarant. 1998, c. 19, s. 42 (9); 2015, c. 28, Sched. 1, s. 35.

Determination of quorum

(10) To count towards the quorum, an owner must have been entitled to receive notice of the meeting, must be entitled to vote at a meeting and shall be present at the meeting or represented by proxy. 1998, c. 19, s. 42 (10).

Increased number

(11) A director elected to the first board under subsection (8) shall hold office in addition to the directors appointed to the first board even if the addition of an elected director results in more directors on the board than the declaration allows. 1998, c. 19, s. 42 (11).

Transition

(12) The owners other than the declarant shall not be entitled to elect a director under subsection (8) if the corporation’s first board was appointed or elected on or before the day this section comes into force. 1998, c. 19, s. 42 (12).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 35 - 01/11/2017

Turn-over meeting

43 (1) The board elected or appointed at a time when the declarant owns a majority of the units shall, not more than 21 days after the declarant ceases to be the owner of the majority of the units, call a meeting of owners to elect a new board. 1998, c. 19, s. 43 (1); 2015, c. 28, Sched. 1, s. 36 (1).

Who may call meeting

(2) If the board does not call the meeting within the required time, an owner or a mortgagee having the right to vote under section 48 may call the meeting. 1998, c. 19, s. 43 (2).

Time of meeting

(3) The board shall hold the meeting within 21 days after it is called. 1998, c. 19, s. 43 (3).

Things to turn over

(4) At the meeting, the declarant shall deliver to the board elected at the meeting,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 36 (2))

Things to turn over

(4) At the meeting, the declarant shall, in accordance with the regulations, if any, deliver to the board elected at the meeting,

(a)  the seal of the corporation;

(b)  the minute book for the corporation including a copy of the registered declaration, registered by-laws, current rules and minutes of owners’ meetings and board meetings;

(c)  copies of all agreements entered into by the corporation or the declarant or the declarant’s representatives on behalf of the corporation, including management contracts, deeds, leases, licences and easements;

(d)  copies of all policies of insurance and the related certificates or memoranda of insurance and all insurance trust agreements;

(e)  bills of sale or transfers for all items that are assets of the corporation but not part of the property;

(f)  the records maintained under subsection 46.1 (3) and subsection 83 (3); and

(g)  all records that it has related to the units or to employees of the corporation. 1998, c. 19, s. 43 (4); 2015, c. 28, Sched. 1, s. 36 (3).

Same, after meeting

(5) The declarant shall deliver to the board within 30 days after the meeting,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 43 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 36 (4))

Same, after meeting

(5) The declarant shall, in accordance with the regulations, if any, deliver to the board within 30 days after the meeting,

(a)  the existing warranties and guarantees for all the equipment, fixtures and chattels included in the sale of either the units or common elements that are not protected by warranties and guarantees given directly to a unit purchaser;

(b)  the as-built architectural, structural, engineering, mechanical, electrical and plumbing plans;

(c)  the as-built specifications, indicating all substantive changes, if any, from the original specifications;

(d)  all existing plans for underground site services, site grading, drainage and landscaping, and television, radio or other communications services;

(e)  all other existing plans and information not mentioned in clause (b), (c) or (d) that are relevant to the repair or maintenance of the property;

(f)  if the property is subject to the Ontario New Home Warranties Plan Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (f) of the Act is amended by striking out the portion before subclause (i) and substituting the following: (See: 2017, c. 33, Sched. 2, s. 75 (6))

(f)  if the property is subject to the Protection for Owners and Purchasers of New Homes Act, 2017,

(i)  proof, in the form, if any, prescribed by the Minister, that the units and common elements have been enrolled in the Plan within the meaning of that Act in accordance with the regulations made under that Act, and

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subclause 43 (5) (f) (i) of the Act is amended. (See: 2017, c. 33, Sched. 2, s. 75 (7))

(ii)  a copy of all final reports on inspections that the Corporation within the meaning of that Act requires be carried out on the common elements;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (f) of the Act is amended by striking out “and” at the end of subclause (i) and by striking out subclause (ii) and substituting the following: (See: 2017, c. 33, Sched. 2, s. 75 (8))

(ii)  a copy of all final reports on inspections that the warranty authority requires be carried out on the common elements, and

(iii)  all other material, if any, in respect of the property that is prescribed.

(g)  a table setting out the responsibilities for repair after damage and maintenance and indicating whether the corporation or the owners are responsible;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (g) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 36 (6))

(h)  a schedule setting out what constitutes a standard unit for each class of unit that the declarant specifies for the purpose of determining the responsibility for repairing improvements after damage and insuring them;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (5) (h) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 36 (7))

(i)  all financial records of the corporation and of the declarant relating to the operation of the corporation from the date of registration of the declaration and the description;

(j)  if the meeting is held after nine months following the registration of the declaration and description, the reserve fund study that is required within the year following the registration of the declaration and description;

(k)  all reserve fund studies that have been completed or are required to have been completed at the time the meeting is held, other than the reserve fund study that is required within the year following the registration of the declaration and description;

(l)  a copy of the most current disclosure statement delivered to a purchaser of a unit in the corporation under section 72 before the meeting; and

  (m)  all other material that the regulations require to be given to the board. 1998, c. 19, s. 43 (5); 2015, c. 28, Sched. 1, s. 36 (5), 146 (1).

Cost

(6) The items mentioned in subsections (4) and (5) shall be prepared at the declarant’s expense, except for the items mentioned in clauses (5) (j) and (k) which shall be prepared at the expense of the corporation. 1998, c. 19, s. 43 (6).

Audited financial statements

(7) The declarant shall deliver to the board within 60 days after the meeting audited financial statements of the corporation prepared by the auditor, on behalf of the owners and at the expense of the corporation, as of the last day of the month in which the meeting is held. 1998, c. 19, s. 43 (7).

Application

(8) The corporation may make an application to the Superior Court of Justice for an order under subsection (9). 1998, c. 19, s. 43 (8); 2000, c. 26, Sched. B, s. 7 (5).

Court order

(9) The court, if satisfied that the declarant has, without reasonable excuse, failed to comply with subsection (4), (5) or (7),

(a)  shall order that the declarant pay damages to the corporation for the loss it incurred as a result of the declarant’s acts of non-compliance with subsection (4), (5) or (7), as the case may be;

(b)  shall order that the declarant pay the corporation’s costs of the application;

(c)  may order the declarant to pay to the corporation an additional amount not to exceed $10,000; and

(d)  may order the declarant to comply with subsection (4), (5) or (7), as the case may be. 1998, c. 19, s. 43 (9).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001

2015, c. 28, Sched. 1, s. 36 (1, 3, 5) - 01/11/2017; 2015, c. 28, Sched. 1, s. 36 (2, 4, 6, 7) - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

2017, c. 33, Sched. 2, s. 75 (6-8) - not in force; 2017, c. 33, Sched. 2, s. 79 (7, 8) - no effect

Performance audit

44 (1) If the property of the corporation includes one or more units for residential purposes or if the corporation is a common elements condominium corporation, the board shall retain a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act to conduct a performance audit of the common elements described in the description on behalf of the corporation. 1998, c. 19, s. 44 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 37 (1))

Performance audit

(1) If a property includes one or more units for residential purposes or if the corporation is a common elements condominium corporation, the board shall retain a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act to conduct a performance audit, on behalf of the corporation, of the common elements described in the description and, unless the regulations provide otherwise, any real property owned by the corporation. 2015, c. 28, Sched. 1, s. 37 (1).

Time for audit

(2) A performance audit shall be conducted no earlier than six months, and no later than 10 months, following the registration of the declaration and description. 1998, c. 19, s. 44 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 37 (1))

Time for audit

(2) A performance audit shall be conducted before the first anniversary of the date of registration of the declaration and description for the corporation or such other time periods following the registration of the declaration and description that are prescribed. 2015, c. 28, Sched. 1, s. 37 (1).

Cost

(3) The corporation shall pay the cost of the performance audit and it shall form part of the corporation’s budget for the year following the registration of the declaration and description. 1998, c. 19, s. 44 (3).

Purpose

(4) The person who conducts the performance audit shall determine whether there are any deficiencies in the performance of the common elements described in the description after construction has been completed on them that,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 37 (2))

Purpose

(4) The person who conducts the performance audit shall assess, in the person’s professional opinion, whether there are any deficiencies in the performance of the common elements described in the description and the real property that is the subject of the audit, after construction has been completed on them, that,

(a)  may give rise to a claim for payment out of the guarantee fund under section 14 of the Ontario New Home Warranties Plan Act to the corporation; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (4) (a) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (9))

(a)  may give rise to a claim for payment to the corporation out of the guarantee fund under the prescribed provisions of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under that Act; or

(b)  subject to the regulations made under this Act, would give rise to a claim described in clause (a) if the property of the corporation were subject to that Act. 1998, c. 19, s. 44 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (4) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 37 (3))

(b)  subject to the regulations, would give rise to a claim described in clause (a) if the property were subject to the Ontario New Home Warranties Plan Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (3) of Schedule 1 to the Protecting Condominium Owners Act, 2015 is repealed. This amendment applies only if subsection 37 (3) of Schedule 1 to the Protecting Condominium Owners Act, 2015 does not come into force before the day subsection 75 (10) of Schedule 2 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force. (See: 2017, c. 33, Sched. 2, s. 79 (9, 10))

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (4) (b) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (10))

(b)  subject to the regulations, would give rise to a claim described in clause (a) if the property were subject to the Protection for Owners and Purchasers of New Homes Act, 2017.

Duties

(5) In making the determination, the person who conducts the performance audit shall,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 37 (4))

Duties

(5) In making the assessment, the person who conducts the performance audit shall,

(a)  inspect the major components of the buildings on the property which, subject to the regulations, include the foundation, parking garage, wall construction, air and vapour barriers, windows, doors, elevators, roofing, mechanical system, electrical system, fire protection system and all other components that are prescribed;

(b)  subject to the regulations, inspect the landscaped areas of the property;

(c)  review all final reports on inspections that the Corporation within the meaning of the Ontario New Home Warranties Plan Act requires be carried out on the common elements; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (5) (c) of the Act is amended by adding “and the real property that is the subject of the audit” after “common elements”. (See: 2015, c. 28, Sched. 1, s. 37 (5))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (5) of Schedule 1 to the Protecting Condominium Owners Act, 2015 is repealed. This amendment applies only if subsection 37 (5) of Schedule 1 to the Protecting Condominium Owners Act, 2015 does not come into force before the day subsection 75 (11) of Schedule 2 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force. (See: 2017, c. 33, Sched. 2, s. 79 (11, 12))

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (5) (c) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (11))

(c)  review all final reports on inspections that the warranty authority requires be carried out on the common elements and the real property that is the subject of the audit; and

(d)  conduct a survey of the owners of the corporation as to what evidence, if any, they have seen of,

(i)  damage to the units that may have been caused by defects in the common elements, and

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 44 (5) (d) (i) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 37 (6))

(i)  damage to the units that may have been caused by defects in the common elements and the real property that is the subject of the audit,

(ii)  defects in the common elements that may cause damage to the units. 1998, c. 19, s. 44 (5); 2015, c. 28, Sched. 1, s. 146 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 44 (5) (d) (ii) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 37 (6))

(ii)  defects in the common elements and the real property that is the subject of the audit, which defects may cause damage to the units, and

(iii)  defects in the common elements and the real property that is the subject of the audit, where those common elements and that real property are adjacent to the units, as determined by the regulations, if any.

Powers for audit

(6) The person who conducts a performance audit may, for the purpose of the audit,

(a)  enter onto the property at any reasonable time either alone or accompanied with any expert that the person considers necessary for the audit;

(b)  require any person to produce any drawings, specifications or information that may on reasonable grounds be relevant to the audit;

(c)  make all examinations, tests or inquiries that may on reasonable grounds be relevant to the audit; and

(d)  call upon any expert for the assistance that the person considers necessary in conducting the audit. 1998, c. 19, s. 44 (6).

No obstruction

(7) No person shall obstruct a person who is exercising powers under this section or provide false information or refuse to provide information to the person. 1998, c. 19, s. 44 (7).

Contents

(8) The person who conducts a performance audit shall prepare a written report that includes,

(a)  a copy of the person’s certificate of authorization within the meaning of the Professional Engineers Act or certificate of practice within the meaning of the Architects Act, as the case may be;

(b)  details of the inspection and findings made by the person in the course of conducting the audit;

(c)  a statement that the person has reviewed all final reports described in clause (5) (c);

(d)  a copy of the survey described in clause (5) (d) and a summary of the results of it;

(e)  the determination that subsection (4) requires the person to make; and

(f)  all other material that the regulations require. 1998, c. 19, s. 44 (8); 2015, c. 28, Sched. 1, s. 146 (1).

Submission of report

(9) Before the end of the 11th month following the registration of the declaration and description, the person who conducts a performance audit shall,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (9) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 37 (7))

Submission of report

(9) Before the first anniversary of the date of registration of the declaration and description, or such other time periods following the registration of the declaration and description that are prescribed, the person who conducts a performance audit shall,

(a)  submit the report to the board; and

(b)  file the report with the Corporation within the meaning of the Ontario New Home Warranties Plan Act if the property is subject to that Act. 1998, c. 19, s. 44 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (9) (b) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (12))

(b)  file the report with the warranty authority if the property is subject to the Protection for Owners and Purchasers of New Homes Act, 2017.

Claim under other Act

(10) The filing of the report with the Corporation within the meaning of the Ontario New Home Warranties Plan Act shall be deemed to constitute a notice of claim that the corporation gives to the Corporation within the meaning of that Act under the regulations made under that Act for the deficiencies disclosed in the report. 1998, c. 19, s. 44 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (10) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (13))

Claim under other Act

(10) The filing of the report with the warranty authority shall be deemed to constitute a notice of claim that the corporation gives to the warranty authority under the regulations made under the Protection for Owners and Purchasers of New Homes Act, 2017 for the deficiencies disclosed in the report. 2017, c. 33, Sched. 2, s. 75 (13).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 37 (1-7) - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

2017, c. 33, Sched. 2, s. 75 (9-13) - not in force; 2017, c. 33, Sched. 2, s. 79 (9-12) - not in force

Owners

Meetings

45 (1) Subject to the other requirements of this Act, anything that this Act requires to be approved by a vote of any of the owners shall be approved only at a meeting of owners duly called for that purpose. 1998, c. 19, s. 45 (1).

Annual general meeting

(2) The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation. 1998, c. 19, s. 45 (2).

Matters for annual general meeting

(3) At an annual general meeting, an owner may raise for discussion any matter relevant to the affairs and business of the corporation. 1998, c. 19, s. 45 (3).

Other meetings

(4) The board may at any time call a meeting of owners for the transaction of any business, and the notice of the meeting shall specify the nature of the business. 1998, c. 19, s. 45 (4).

Material for meeting

(5) In addition to any matters and material that this Act requires be placed before a meeting of owners, the board shall place before such a meeting, in the prescribed manner, all other material, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 38.

Meeting of owners by telephonic or electronic means

(6) Subject to the by-laws and subsection (8), a meeting of owners may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 3.

Same, by-laws

(7) In addition to any other matters that the by-laws may provide for with respect to the holding of meetings of owners in accordance with subsection (6), the by-laws may,

(a)  limit the manner or manners by which a meeting of owners may be held in accordance with subsection (6); and

(b)  specify requirements that apply with respect to the holding of a meeting of owners in a manner described in subsection (6) or in such manner as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 3.

Same, reasonable participation

(8) A meeting of owners held in any manner described in subsection (6) or in such manner as described by the by-laws made under subsection (7) must enable all persons entitled to attend the meeting to reasonably participate. 2023, c. 9, Sched. 7, s. 3.

Same, persons deemed present at meeting

(9) A person who, through telephonic or electronic means, casts a vote before or at a meeting of owners or attends such a meeting is deemed for the purposes of this Act to be present at the meeting. 2023, c. 9, Sched. 7, s. 3.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 38 - 01/11/2017

2023, c. 9, Sched. 7, s. 3 - 01/10/2023

Procedure for board calling a meeting

45.1 (1) Before the board sends out a notice to call a meeting of owners, it shall send a preliminary notice to the owners that is prepared in accordance with the regulations and that contains,

(a)  if the meeting is to elect one or more directors, a request that each individual who intends to be a candidate for election to the board notify the board in writing, by a date that is specified in the notice and that is determined in accordance with the regulations, of the individual’s intention, name and address;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 45.1 (1) (a) of the Act is amended by adding “subject to clause (a.1)” at the beginning. (See: 2015, c. 28, Sched. 1, s. 39 (2))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 45.1 (1) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 39 (3))

(a.1)  if there is a vacancy in a position on the board described in subsection 51 (6) or if such a vacancy will arise by the time of the meeting under clause 31 (2) (b) or in the circumstances specified in the regulations, if any,

(i)  a copy of the text of the definition of “non-leased voting unit” in subsection 1 (1) and the text of subsections 51 (5) and (6),

(ii)  a statement of the date of the last day of the 15-day period mentioned in subsection 51 (5),

(iii)  a request for a statement, that complies with the regulations, if any, from each owner of a non-leased voting unit stating that the owner is the owner of a non-leased voting unit, and

(iv)  a request that each individual who intends to be a candidate, for the position on the board reserved for voting by owners of non-leased voting units, notify the board in writing, by a date that is specified in the notice and that is determined in accordance with the regulations, of the individual’s intention, name and address;

(b)  a request that any owner who wishes that the board include any material in the notice calling the meeting provide the material to the board by a date that is specified in the notice and that is determined in accordance with the regulations; and

(c)  all other materials, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 39 (1).

Material to include in notice of meeting

(2) The board is not required to include in the notice calling a meeting of owners any material mentioned in clause (1) (b) or (c) unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 39 (1).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 39 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 39 (2, 3) - not in force

Requisition for meeting

46 (1) A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the corporation under section 46.1 and are entitled to vote. 1998, c. 19, s. 46 (1); 2023, c. 9, Sched. 7, s. 4.

Form of requisition

(2) The requisition shall,

(a)  be in writing and be signed by the requisitionists;

(b)  state the nature of the business to be presented at the meeting; and

(c)  be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation. 1998, c. 19, s. 46 (2).

Same, removal of directors

(3) If the nature of the business to be presented at the meeting includes the removal of one or more of the directors, the requisition shall state, for each director who is proposed to be removed, the name of the director, the reasons for the removal and whether the director occupies a position on the board that under subsection 51 (6) is reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 46 (3).

Duty of board

(4) Upon receiving a requisition mentioned in subsection (1), the board shall,

(a)  if the requisitionists so request in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting; or

(b)  otherwise call and hold a meeting of owners within 35 days. 1998, c. 19, s. 46 (4).

Non-compliance

(5) If the board does not comply with subsection (4), a requisitionist may call a meeting of owners which shall be held within 45 days of the day on which the meeting is called. 1998, c. 19, s. 46 (5).

Reimbursement of cost

(6) Upon request, the corporation shall reimburse a requisitionist who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 46 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 46 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 40)

Requisition for meeting

46 (1) Subject to subsection (2), a requisition for a meeting of owners can only be made by those owners who, at the time the board receives the requisition,

(a)  own at least 15 per cent of the units;

(b)  appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record; and

(c)  have no contributions to the common expenses payable for their units that have been in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 40.

Meeting re director in reserved position

(2) If the nature of the business to be presented at a meeting of owners includes the removal or the election of a director who occupies a position on the board described in subsection 51 (6), a requisition made by owners for the meeting can only be made by those owners who, at the time the board receives the requisition,

(a)  own at least 15 per cent of the non-leased voting units in the corporation;

(b)  appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record; and

(c)  have no contributions to the common expenses payable for their units that have been in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 40.

Saving

(3) If a requisition made under subsection (2) does not meet the requirements of that subsection but does meet the requirements of subsection (1), the meeting may proceed for the transaction of any business pursuant to subsection (1) but not for the removal or the election of a director as described in subsection (2). 2015, c. 28, Sched. 1, s. 40.

Purpose of meeting

(4) A requisition for a meeting of owners may be called for any of the following purposes:

1.  An information meeting of owners being a meeting at which no vote shall be taken on any matter other than routine procedure.

2.  The removal or the election of one or more of the directors.

3.  Any other purpose for which this Act or the regulations permit the owners to requisition a meeting of owners. 2015, c. 28, Sched. 1, s. 40.

Form of requisition

(5) The requisition shall contain the prescribed information and shall be in the prescribed form. 2015, c. 28, Sched. 1, s. 40.

Delivery of requisition

(6) The requisition shall be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation or as is otherwise prescribed. 2015, c. 28, Sched. 1, s. 40.

Response of board

(7) Subject to subsection (8), upon receiving a requisition, the board shall, within 10 days or such other time period, if any, that is prescribed, respond to the requisitionists in writing, in accordance with subsection (9), stating that,

(a)  the board will call and hold a meeting of owners for the transaction of business in the requisition; or

(b)  the board will not call and hold a meeting of owners for the transaction of business in the requisition and state why, according to the board, the requisition does not comply with any or all of subsections (1) to (6). 2015, c. 28, Sched. 1, s. 40.

Withdrawal of requisition

(8) The board is not required to respond to a requisition under subsection (7) if the requisitionists have withdrawn it in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 40.

Delivery of response

(9) In responding under subsection (7), the board shall deliver its response to the requisitionists at their address for service given in the requisition or as is otherwise prescribed. 2015, c. 28, Sched. 1, s. 40.

Default response

(10) If the board does not respond to the requisitionists as required by subsection (7), the board shall be deemed to have responded to the requisitionists as described in clause (7) (a). 2015, c. 28, Sched. 1, s. 40.

Calling meeting

(11) Subject to subsection (12), if the board responds or is deemed to have responded as described in clause (7) (a), the board shall,

(a)  if the requisitionists so request in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting that, in accordance with this Act, is scheduled to be held, as determined by the board or as determined in the prescribed manner,

(i)  at least 40 days after the end of the time period that the board has to respond to the requisitionists under subsection (7), in the case of a request,

(ii)  at least 40 days after the consent is given, in the case of a consent; or

(b)  otherwise call and hold a meeting of owners within 40 days after the end of the time period that the board has to respond to the requisitionists under subsection (7). 2015, c. 28, Sched. 1, s. 40.

Withdrawal of requisition

(12) The board shall not do anything required by clause (11) (a) or (b) if the requisitionists withdraw the requisition in accordance with the regulations, if any, before the next annual general meeting described in that clause (a) or the meeting described in that clause (b), as the case may be, is held. 2015, c. 28, Sched. 1, s. 40.

Revised requisition

(13) If the board responds as described in clause (7) (b), the requisitionists may, within 10 days or such other time period, if any, that is prescribed, revise the requisition in accordance with the regulations and deliver or deposit it in accordance with subsection (6). 2015, c. 28, Sched. 1, s. 40.

Procedure

(14) Subsections (6) to (12) apply to a revised requisition as if it were a requisition mentioned in those subsections. 2015, c. 28, Sched. 1, s. 40.

Abandonment

(15) If the board responds to an original requisition or a revised requisition as described in clause (7) (b), the requisitionists shall be deemed to have abandoned the original requisition or the revised requisition, which shall then have no force and effect, unless,

(a)  they deliver or deposit a revised requisition in accordance with subsections (13) and (14); or

(b)  within 20 days or such other time period, if any, that is prescribed, they,

(i)  apply, in accordance with Part I.2, to the Condominium Authority Tribunal established under that Part for resolution of the original requisition or the revised requisition as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part, or

(ii)  apply to the Superior Court of Justice for resolution of the original requisition or the revised requisition, if the Condominium Authority Tribunal has not been established under Part I.2 or the application described in subclause (i) may not be made under that Part. 2015, c. 28, Sched. 1, s. 40.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 40 - not in force

2023, c. 9, Sched. 7, s. 4 - 01/10/2023

Record of owners and mortgagees

46.1 (1) A corporation shall maintain the record required by subsection (3). 2015, c. 28, Sched. 1, s. 41.

Notice of owner’s name and unit

(2) As soon as reasonably possible upon becoming an owner in a corporation and, in any event, no later than 30 days after becoming an owner in a corporation, the owner shall give notice to the corporation in writing, setting out the owner’s name and, in accordance with the regulations, identifying the owner’s unit. 2015, c. 28, Sched. 1, s. 41.

Record of owners and mortgagees

(3) A corporation shall maintain a record of,

(a)  the owner’s name and the identification of the unit, if an owner, at any time, gives notice to the corporation in writing, setting out the owner’s name and, in accordance with the regulations, identifying the owner’s unit;

(b)  the owner’s address for service if,

(i)  an owner who has given the notice described in clause (a), notifies the corporation in writing, at any time, of the owner’s name and address for service, including any change in the address for service, and

(ii)  the owner’s address for service is in Ontario;

(c)  the mortgagee’s name, the identification of the unit and the mortgagee’s address for service, if,

(i)  a mortgagee, at any time, gives notice to the corporation in writing, setting out the mortgagee’s name and, in accordance with the regulations, identifying the unit that is the subject of the mortgage,

(ii)  under the terms of the mortgage, the mortgagee has the right to vote at a meeting of owners in the place of the unit owner or to consent in writing in the place of the unit owner,

(iii)  the mortgagee notifies the corporation in writing of the right described in subclause (ii) and the mortgagee’s address for service, including any change in the address for service, and

(iv)  the mortgagee’s address for service is in Ontario; and

(d)  any prescribed information.

(e)  Repealed: 2023, c. 9, Sched. 7, s. 5.

2015, c. 28, Sched. 1, s. 41; 2023, c. 9, Sched. 7, s. 5.

Duty to update record

(4) A corporation that receives a notification or communication described in subsection (2) or (3) shall update its record to reflect the notification or communication as soon as reasonably possible after receipt or within such other period of time that the by-laws of the corporation provide. 2015, c. 28, Sched. 1, s. 41.

Use of record

(5) A corporation shall use the record for the purposes of this Act, and no other purpose. 2015, c. 28, Sched. 1, s. 41.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 41 - 01/11/2017

2023, c. 9, Sched. 7, s. 5 - 01/10/2023

Giving notice to owners

47 (1) Any notice that is required under this Act to be given to owners shall,

(a)  be in writing;

(b)  be given at least 15 days before the day of the meeting, if the notice is a notice of meeting of owners;

(c)  if the notice is a preliminary notice described in subsection 45.1 (1), be given at least 20 days before the subsequent notice of meeting of owners described in that subsection;

(d)  be given to the owners in accordance with subsection (4); and

(e)  if the notice is a notice of meeting of owners or a preliminary notice described in subsection 45.1 (1), be given to the mortgagees described in subsections (2) and (3) in accordance with subsection (5). 2015, c. 28, Sched. 1, s. 42.

Record date

(2) In the case of a notice of meeting of owners, the owners and mortgagees whose names, 20 days before the day of the meeting, appeared in the record of the corporation required by section 46.1 or were required by that section to appear in that record shall be deemed to be the owners and mortgagees to whom the notice is required to be given under subsection (1). 2015, c. 28, Sched. 1, s. 42.

Same, other notice

(3) In the case of a preliminary notice described in subsection 45.1 (1) or any other notice to owners that is not a notice of meeting of owners, the owners or mortgagees whose names, five days before the day the notice is given, appeared in the record of the corporation required by section 46.1 or were required by that section to appear in that record shall be deemed to be the owners and mortgagees to whom the notice is required to be given under subsection (1). 2015, c. 28, Sched. 1, s. 42.

Service on owner

(4) A notice that is required to be given to an owner shall be,

(a)  delivered to the owner personally;

(b)  sent by prepaid mail addressed to the owner at the address for service that appears in the record of the corporation required by section 46.1 or that is required by that section to appear in that record;

(c)  subject to the regulations, sent to the owner’s electronic communication address that appears in the record of the corporation required by section 46.1, or is required by that section to appear in that record, if,

(i)  the by-laws made under subsection (6) do not prevent the giving of the notice by that method, and

(ii)  any additional requirements set out in the by-laws or in the regulations for sending the notice by that method are satisfied; or

(d)  delivered at the owner’s unit or at the mail box for the unit unless,

(i)  the party giving the notice has, by the following time, received a written request from the owner that the notice not be given in this manner,

(A)  in the case of a notice of meeting of owners, at least 20 days before the day of the meeting, or

(B)  in the case of a preliminary notice described in subsection 45.1 (1) or any other notice to owners that is not a notice of meeting of owners, at least five days before the day the notice is given, and

(ii)  the owner has given an address for service described in clause (b) that is not the address of the unit of the owner or the address for the mail box for the unit. 2015, c. 28, Sched. 1, s. 42; 2023, c. 9, Sched. 7, s. 6 (1).

Service on mortgagee

(5) A notice that clause (1) (e) requires be given to a mortgagee shall be,

(a)  delivered to the mortgagee personally;

(b)  sent by prepaid mail addressed to the mortgagee at the address for service that appears in the record of the corporation required by section 46.1 or that is required by that section to appear in that record; or

(c)  subject to the regulations, sent to the mortgagee’s electronic communication address that appears in the record of the corporation required by section 46.1, or is required by that section to appear in that record, if,

(i)  the by-laws made under subsection (6) do not prevent the giving of the notice by that method, and

(ii)  any additional requirements set out in the by-laws or in the regulations for sending the notice by that method are satisfied. 2015, c. 28, Sched. 1, s. 42; 2023, c. 9, Sched. 7, s. 6 (2).

By-laws

(6) The by-laws may specify,

(a)  circumstances in which clause (4) (c) or (5) (c) does not apply in respect of the corporation;

(b)  that all or certain types of notices may not be given by one or more methods of electronic communication; and

(c)  additional requirements that must be satisfied in order for a party to give a notice in accordance with clause (4) (c) or (5) (c). 2023, c. 9, Sched. 7, s. 6 (3).

Content of notice of meeting

(7) A notice of meeting of owners shall,

(a)  specify the place, the date and the time of the meeting, as well as the nature of the business to be presented at the meeting; and

(b)  be accompanied by,

(i)  a copy of all proposed changes to the declaration, by-laws, rules or agreements that are to be discussed at the meeting,

(ii)  a copy of the requisition, if an owner has made a requisition under section 46, and

(iii)  all other material, if any, that is prescribed and that is presented in the prescribed manner, in addition to any material that this Act requires. 2015, c. 28, Sched. 1, s. 42; 2023, c. 9, Sched. 7, s. 6 (4).

When notice need not specify place of meeting

(7.1) Despite clause (7) (a), a notice of meeting of owners need not specify a place of the meeting if the meeting is to be held entirely by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 6 (5).

Matters at meeting

(8) No vote shall be taken at a meeting of owners on any matter other than routine procedure unless that matter was clearly disclosed in the notice of the meeting. 2015, c. 28, Sched. 1, s. 42.

Waiver of notice

(9) An owner or mortgagee who attends a meeting or who is represented by proxy at a meeting shall be deemed to have waived the right to object to a failure to give the required notice, unless the person expressly objects to the failure at the meeting. 2015, c. 28, Sched. 1, s. 42.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 42 - 01/11/2017

2023, c. 9, Sched. 7, s. 6 (1-5) - 01/10/2023

Mortgagee’s right to vote

48 (1) A mortgagee of a unit who is described in clause 46.1 (3) (c) has the right to vote at a meeting of owners in the place of the unit owner or to exercise the right, if any, of the unit owner to consent in writing if, at least four days before the date of the meeting,

(a)  the mortgagee’s name appears in the record required by section 46.1 or is required by that section to appear in that record; and

(b)  the mortgagee gives notice to the corporation and to the owner of the mortgagee’s intention to exercise the right. 2015, c. 28, Sched. 1, s. 43 (1).

More than one mortgagee

(2) If a unit is subject to more than one mortgage for which the mortgagee has the right to vote at a meeting of owners in the place of the owner or to consent in writing in the place of the owner, the mortgagee who has priority may exercise the right and in that case no other mortgagee may exercise the right. 1998, c. 19, s. 48 (2).

Same

(3) If a mortgagee who has priority fails to exercise the right, the mortgagee who is next in priority may exercise the right and in that case no other mortgagee may exercise the right. 1998, c. 19, s. 48 (3).

Voting or consent by owner

(4) If none of the mortgagees who have the right exercises the right, the owner has the right to,

(a)  vote at a meeting of owners subject to subsection 51 (1); or

(b)  consent in writing if the owner is otherwise entitled to consent under this Act. 2015, c. 28, Sched. 1, s. 43 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 43 (1, 2) - 01/11/2017

Loss of owner’s right to vote

49 (1) An owner is not entitled to vote at a meeting if any contributions payable in respect of the owner’s unit have been in arrears for 30 days or more at the time of the meeting. 1998, c. 19, s. 49 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 49 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 44 (1))

Loss of owner’s right to vote

(1) An owner is not entitled to vote at a meeting if any contributions to the common expenses payable for the owner’s unit have been in arrears for 30 days or more at the time of the meeting. 2015, c. 28, Sched. 1, s. 44 (1).

Payment of arrears

(2) An owner who is not entitled to vote under subsection (1) may vote if the corporation receives payment of the arrears with respect to the owner’s unit before the meeting is held. 1998, c. 19, s. 49 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 49 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 44 (1))

Payment of arrears

(2) An owner who, under subsection (1), is not entitled to vote may vote if the corporation receives payment of the arrears with respect to the owner’s unit before the meeting is held. 2015, c. 28, Sched. 1, s. 44 (1).

Parking or storage unit

(3) No owner shall vote in respect of a unit that is intended for parking or storage purposes or for the purpose of providing space for services or facilities or mechanical installations unless all the units in the corporation are used for one or more of those purposes. 1998, c. 19, s. 49 (3); 2015, c. 28, Sched. 1, s. 44 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 44 (1) - not in force; 2015, c. 28, Sched. 1, s. 44 (2) - 01/11/2017

Quorum

50 (1) A quorum for the transaction of business at a meeting of owners, other than a meeting of owners mentioned in subsection 42 (6), section 43 or subsection 45 (2) or such other meetings that are prescribed, is those owners who own 25 per cent of the units in the corporation. 2015, c. 28, Sched. 1, s. 45 (1).

Same, annual general meeting, etc.

(1.1) A quorum for the transaction of business at a meeting of owners mentioned in section 43 or subsection 45 (2) or such other meetings that are prescribed is,

(a)  those owners who own 25 per cent of the units in the corporation, if it is the first attempt to hold the meeting;

(b)  those owners who own 25 per cent of the units in the corporation, if a quorum is not present at the first attempt to hold the meeting and it is the second attempt to hold the meeting; or

(c)  subject to subsection (1.2), those owners who own 15 per cent of the units in the corporation, if a quorum is not present at the second attempt to hold the meeting and it is the third or subsequent attempt to hold the meeting. 2015, c. 28, Sched. 1, s. 45 (1).

Higher quorum

(1.2) A by-law registered in accordance with subsection 56 (9) after this subsection comes into force may provide that the quorum for the transaction of business at a meeting of owners, other than a meeting of owners that is mentioned in subsection 42 (6) or that is prescribed, is those owners who own 25 per cent of the units in the corporation, subject to subsection (2). 2015, c. 28, Sched. 1, s. 45 (1).

Restriction on voting

(1.3) Despite subsection 47 (8), no vote shall be taken at a meeting of owners under clause (1.1) (b) or (c) on any matter other than routine procedure unless that matter was clearly disclosed in the notice of first attempt to hold the meeting under clause (1.1) (a). 2015, c. 28, Sched. 1, s. 45 (1).

Determination of quorum

(2) To count towards the quorum, an owner must be entitled to vote at a meeting and shall be present at the meeting or represented by proxy. 1998, c. 19, s. 50 (2); 2015, c. 28, Sched. 1, s. 45 (2).

Where only one owner

(3) If a corporation has only one owner, the owner present in person or by proxy constitutes a meeting. 1998, c. 19, s. 50 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 45 (1, 2) - 01/11/2017

Voting

51 (1) For an owner to vote at a meeting of owners, the owner’s name must appear in the record of the corporation required by section 46.1 or be required by that section to appear in that record and the owner must be entitled to vote at the meeting. 2015, c. 28, Sched. 1, s. 46 (1).

One vote per unit

(2) All voting by owners shall be on the basis of one vote per unit. 1998, c. 19, s. 51 (2).

Joint owners

(3) The majority of the owners of a unit may exercise the right to vote in respect of the unit but the vote shall not be counted if there are two or more owners of the unit and they are evenly divided on how to exercise the vote. 1998, c. 19, s. 51 (3).

Voting for directors

(4) Subject to this section, on a vote to elect or to remove a member of the board all owners entitled to vote may vote for each member of the board. 1998, c. 19, s. 51 (4).

Definition

(5) In subsections (6), (7) and (8),

“owner-occupied unit” means a unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director where the unit is used for residential purposes and the owner has not leased the unit within the 60 days before notice is given for the meeting, as shown by the record that the corporation is required to maintain under subsection 83 (3). 1998, c. 19, s. 51 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 46 (2))

Request for election to reserved position

(5) Within 15 days after the board gives a preliminary notice to which clause 45.1 (1) (a.1) applies, an owner of a non-leased voting unit may deliver to the board,

(a)  the statement mentioned in subclause 45.1 (1) (a.1) (iii); and

(b)  a request that complies with the regulations, if any, and that a person be elected, at the meeting of owners to which clause 45.1 (1) (a.1) applies, to a position on the board reserved for voting by owners of non-leased voting units. 2015, c. 28, Sched. 1, s. 46 (2).

Reserved position

(6) If at least 15 per cent of the units of the corporation are owner-occupied units on or after the time at which the board is required to call a turn-over meeting under section 43, no persons other than the owners of owner-occupied units may elect a person to or remove a person from one of the positions on the board. 1998, c. 19, s. 51 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (6) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 46 (2))

Reserved position

(6) No persons other than the owners of non-leased voting units may elect a person to or remove a person from one of the positions on the board at a meeting of owners to which clause 45.1 (1) (a.1) applies if,

(a)  the board has received a request described in clause (5) (b) within the time period specified in subsection (5); and

(b)  on or after the time at which the board is required to call a turn-over meeting under section 43 and as at the last day of the 15-day period mentioned in subsection (5),

(i)  there is at least one non-leased voting unit in the corporation, and

(ii)  a minority of the units in the corporation are non-leased voting units. 2015, c. 28, Sched. 1, s. 46 (2).

Other positions

(7) Nothing in subsection (6) affects the right of the owner of an owner-occupied unit to vote to elect or to remove any members of the board other than the member who occupies the position mentioned in that subsection. 1998, c. 19, s. 51 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (7) of the Act is amended by striking out “an owner-occupied unit” and substituting “a non-leased voting unit”. (See: 2015, c. 28, Sched. 1, s. 46 (3))

Removal

(8) A director elected under subsection (6) may be removed before the expiration of the director’s term of office by a vote of the owners at a meeting duly called for the purpose where the owners of more than 50 per cent of all of the owner-occupied units in the corporation vote in favour of removal. 1998, c. 19, s. 51 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (8) of the Act is amended by striking out “the owner-occupied units” and substituting “the non-leased voting units”. (See: 2015, c. 28, Sched. 1, s. 46 (4))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 46 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 46 (2-4) - not in force

Consents

51.1 (1) All consents by owners shall be on the basis of one consent per unit. 2015, c. 28, Sched. 1, s. 47.

Joint owners

(2) The majority of the owners of a unit may exercise the right to consent in respect of the unit but the consent shall not be counted if there are two or more owners of the unit and they are evenly divided on the exercise of the right to consent. 2015, c. 28, Sched. 1, s. 47.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 47 - 01/11/2017

Method of voting

52 (1) Votes may be cast by,

(a)  a show of hands, personally or by proxy; or

(b)  a recorded vote that is,

(i)  marked on a ballot cast personally or by a proxy, or

(ii)  marked on an instrument appointing a proxy.

(iii)  Repealed: 2023, c. 9, Sched. 7, s. 7 (1).

2015, c. 28, Sched. 1, s. 48 (1); 2023, c. 9, Sched. 7, s. 7 (1).

Same

(1.1) Subject to the by-laws, a vote by a show of hands or by a recorded vote may be conducted entirely by one or more telephonic or electronic means or by any combination of in-person voting and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 7 (2).

Same

(1.1.1) In addition to any other matters that the by-laws may provide for with respect to holding a vote in accordance with subsection (1.1), the by-laws may,

(a)  limit the method or methods by which a vote may be conducted in accordance with subsection (1.1); and

(b)  specify requirements that apply with respect to the holding of a vote by a method described in subsection (1.1) or by such method as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 7 (2).

Proxy

(1.2) A vote cast by proxy is subject to the instrument appointing the proxy. 2015, c. 28, Sched. 1, s. 48 (1).

Request for recorded vote

(2) At a meeting of owners, a person entitled to vote at the meeting may request that a recorded vote described in clause (1) (b) be held on any item scheduled for a vote either before or promptly after the vote. 1998, c. 19, s. 52 (2); 2015, c. 28, Sched. 1, s. 48 (2); 2023, c. 9, Sched. 7, s. 7 (3).

Proxy

(3) A proxy need not be an owner. 1998, c. 19, s. 52 (3).

Appointment of proxy

(4) An instrument appointing a proxy shall be in writing under the hand of the appointer or the appointer’s attorney, shall be for one or more particular meetings of owners, shall comply with the regulations and shall be in the prescribed form. 2015, c. 28, Sched. 1, s. 48 (3).

(5)-(7) Repealed: 2015, c. 28, Sched. 1, s. 48 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 48 (1, 3) - 01/11/2017; 2015, c. 28, Sched. 1, s. 48 (2) - 3/12/2015

2023, c. 9, Sched. 7, s. 7 (1-3) - 01/10/2023

Majority voting

53 Unless otherwise provided in this Act, all questions proposed for the consideration of the owners at a meeting of owners shall be determined by a majority of the votes cast by owners at the meeting in accordance with subsection 52 (1). 2015, c. 28, Sched. 1, s. 49.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 49 - 01/11/2017

Service on owner or mortgagee

54 (1) Subject to subsection (2), a thing other than a notice required to be given to an owner or a mortgagee under this Act is sufficiently served if it is given in accordance with subsection 47 (4) or (5), as the case may be, as if references to “notice” in the applicable subsection were references to the thing to be given to the owner or mortgagee. 2023, c. 9, Sched. 7, s. 8.

Exception

(2) Except as provided in the regulations, subsection (1) does not apply with respect to the right to examine or obtain copies of records under subsection 55 (3). 2023, c. 9, Sched. 7, s. 8.

Application of s. 47 (6)

(3) Subsection 47 (6) applies, with necessary modifications, for the purposes of subsection (1) of this section. 2023, c. 9, Sched. 7, s. 8.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 50 - 01/11/2017

2023, c. 9, Sched. 7, s. 8 - 01/10/2023

Records

55 (1) The corporation shall keep adequate records, including the following records:

1.  The financial records of the corporation.

2.  A minute book containing the minutes of owners’ meetings and the minutes of board meetings.

3.  A copy of the declaration, by-laws and rules.

3.1  The returns and notices that it has filed with the Registrar under Part II.1.

4.  All lists, items, records and other documents mentioned in subsections 43 (4) and (5).

5.  The report described in subsection 44 (8) that the corporation receives from the person who conducts a performance audit.

6.  The records required under subsection 46.1 (3) and 83 (3).

7.  A record of all reserve fund studies and all plans to increase the reserve fund under subsection 94 (8).

8.  A copy of all agreements entered into by or on behalf of the corporation.

9.  The report that the corporation receives from an inspector in accordance with subsection 130 (5).

10.  All ballots or instruments appointing a proxy for a meeting of owners that are submitted at the meeting or delivered to the corporation before the meeting, including, for clarity, any record of votes cast through telephonic or electronic means before or at the meeting.

11.  All other records, if any, that are prescribed.

12.  Any additional records specified in the by-laws of the corporation. 1998, c. 19, s. 55 (1); 2015, c. 28, Sched. 1, s. 51 (1-3); 2023, c. 9, Sched. 7, s. 9 (1).

Period of retention

(2) In addition to satisfying the requirements of any taxing authority in Ontario, the government of Canada or any other jurisdiction to which the corporation is subject, the corporation shall retain the records mentioned in subsection (1) for the following periods of time:

1.  For all financial records of the corporation described in paragraph 1 of subsection (1), at least six years from the end of the last fiscal period to which they relate or such longer period that is prescribed.

2.  For those records described in paragraphs 2 to 11 of subsection (1), the period of time that is prescribed.

3.  For those records described in paragraph 12 of subsection (1), the period of time specified in the by-law.

4.  For all other records, the period of time that is prescribed. 2015, c. 28, Sched. 1, s. 51 (4).

Method of retention

(2.1) Records may be kept in electronic or paper form in accordance with the prescribed requirements, if any. 2015, c. 28, Sched. 1, s. 51 (4).

Providing records to provider or manager

(2.2) If a corporation has entered into an agreement with a condominium management provider or a condominium manager to receive condominium management services, the corporation shall provide the provider or manager, as the case may be, with any of the corporation’s records that the provider or manager reasonably requires and shall do so at the time and in the manner that is prescribed and in accordance with the prescribed requirements. 2015, c. 28, Sched. 2, s. 80 (8).

Examination of records

(3) The corporation shall permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing, to examine or obtain copies of the records of the corporation in accordance with the regulations, except those records described in subsection (4). 2015, c. 28, Sched. 1, s. 51 (4).

Regulation power

(3.1) Without limiting the generality of subsection (3), a regulation described in that subsection may,

(a)  specify processes that a person entitled to examine or obtain copies of records under that subsection must follow to do so;

(b)  specify processes that the corporation must follow to respond to requests for records;

(c)  specify fees that a corporation may charge for payment by a person who makes a request to the corporation to examine or obtain copies of records under that subsection, where the fees are for costs relating to the examination or copying of the requested records; and

(d)  prescribe forms for requests for records or responses to those requests. 2015, c. 28, Sched. 1, s. 51 (4).

Exception

(4) The right to examine or obtain copies of records under subsection (3) does not apply to,

(a)  records relating to employees of the corporation, except for contracts of employment between any of the employees and the corporation;

(b)  records relating to actual or contemplated litigation, as determined by the regulations, or insurance investigations involving the corporation;

(c)  subject to subsection (5), records relating to specific units or owners; or

(d)  any prescribed records. 1998, c. 19, s. 55 (4); 2015, c. 28, Sched. 1, s. 51 (5-7); 2023, c. 9, Sched. 7, s. 9 (2).

Same

(5) Clause (4) (c) does not prevent,

(a)  an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the unit of the owner, the unit being purchased or the unit that is subject to the mortgage, as the case may be;

(b)  an owner of a unit or an agent of the owner duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the owner; or

(c)  an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of the record that section 46.1 requires the corporation to maintain. 2015, c. 28, Sched. 1, s. 51 (8).

Waiver

(6) Despite subsections (3) and (4), a corporation may disclose a record described in clause (4) (b) but shall not disclose,

(a)  a record described in clause (4) (a);

(b)  subject to subsection (5), a record described in clause (4) (c); or

(c)  subject to the regulations, a record described in clause (4) (d). 2015, c. 28, Sched. 1, s. 51 (8).

Admissible evidence

(7) A copy that a corporation has certified under its seal to be a true copy of a record is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it. 1998, c. 19, s. 55 (7).

Penalty for non-compliance

(8) A corporation that without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section shall pay a sum determined in accordance with the regulations to the owner, purchaser or mortgagee on receiving a written request for payment from that person. 2015, c. 28, Sched. 1, s. 51 (9).

Recovery of sum

(9) The owner, purchaser or mortgagee may recover the sum from the corporation by an action in the Small Claims Court. 2015, c. 28, Sched. 1, s. 51 (9).

Order for production of records

(10) If a corporation without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section, the Small Claims Court may order the corporation to produce the records for examination. 2015, c. 28, Sched. 1, s. 51 (9).

Non-application

(11) Subsections (8) to (10) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2. 2015, c. 28, Sched. 1, s. 51 (9).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 51 (1-9) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (6, 7) - no effect - see: 2015, c. 28, Sched. 1, s. 51 (4) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (8, 9) - 01/11/2017

2023, c. 9, Sched. 7, s. 9 (1, 2) - 01/10/2023

By-laws and Rules

By-laws

56 (1) The board may, by resolution, make, amend or repeal by-laws under this section,

(a)  to govern the number, qualification, disqualification, nomination, election, resignation, removal, term of office and remuneration of the directors, subject to subsection (2);

(b)  to regulate board meetings, the form of board meetings and the quorum and functions of the board;

(b.1)  to establish a period of time within which a corporation shall update its record for the purposes of subsection 46.1 (4);

(c)  to provide that the quorum for the transaction of business at a meeting of owners, other than a meeting of owners that is mentioned in subsection 42 (6) or that is prescribed, is those owners who own 25 per cent of the units in the corporation, subject to subsection 50 (2);

(c.1)  to govern the methods permitted for holding a vote by a show of hands or for holding a recorded vote under clause 52 (1) (b) and the procedure for holding the vote, including permitting a recorded vote described in subclause 52 (1) (b) (i) or (ii) to be submitted to the corporation by mail;

(d)  to govern the appointment, remuneration, functions, duties, resignation and removal of agents, officers and employees of the corporation and the security, if any, to be given by them to it;

(e)  subject to subsection (3), to authorize the borrowing of money to carry out the objects and duties of the corporation;

(f)  to authorize the corporation to object to assessments under the Assessment Act on behalf of owners if it gives notice of the objections to the owners, and to authorize the defraying of costs of objections out of the common expenses;

(g)  to govern the assessment and collection of contributions to the common expenses;

(h)  to establish what constitutes a standard unit for each class of unit specified in the by-law for the purpose of determining the responsibility for repairing improvements after damage and insuring them;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 56 (1) (h) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 52 (5))

(h)  to establish what constitutes a standard unit for each class of unit specified in the by-law for the purpose of determining the responsibility for repairing or maintaining improvements made to units or insuring the units;

(i)  to extend the circumstances described in subsection 105 (2) under which an amount shall be added to the common expenses payable for an owner’s unit for the purposes of subsection 105 (3);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 56 (1) (i) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 52 (6))

(j)  to govern the maintenance of the units and common elements;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 56 (1) (j) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 52 (7))

(j)  to govern the maintenance or repair of the units, the common elements and the assets, if any, of the corporation;

(k)  to restrict the use and enjoyment that persons other than occupants of the units may make of the common elements and assets of the corporation, subject to any agreement made by the corporation with respect to the use and enjoyment of its common elements and assets that it shares with another person;

(l)  to govern the management of the property;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 56 (1) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 52 (8))

(l.1)  to govern any matter mentioned in subsection 21.1 (1), if the by-law is made in accordance with the regulations;

  (m)  to govern the use and management of the assets of the corporation;

(n)  to specify duties of the corporation in addition to the duties set out in this Act and the declaration;

(o)  to establish the procedure with respect to the mediation of disputes or disagreements between the corporation and the owners for the purpose of section 125 or 132;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 56 (1) (o) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 52 (9))

(o)  to modify the procedure set out in the regulations with respect to the mediation or arbitration of disputes or disagreements between,

(i)  the corporation and the owners, as determined by the regulations, if any, for the purpose of section 82.2 or 125, or

(ii)  a lessor and a leasehold condominium corporation for the purpose of subsections 168 (3) and (4);

(p)  to govern the conduct generally of the affairs of the corporation; or

(q)  for any other prescribed purpose. 1998, c. 19, s. 56 (1); 2015, c. 28, Sched. 1, s. 52 (1-4, 10).

Remuneration of directors

(2) A by-law relating to the remuneration of directors shall fix the remuneration and the period not exceeding three years for which it is to be paid. 1998, c. 19, s. 56 (2).

Borrowing by-law

(3) A corporation shall not borrow money for expenditures not listed in the budget for the current fiscal year unless it has passed a by-law under clause (1) (e) specifically to authorize the borrowing. 1998, c. 19, s. 56 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 56 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 52 (11))

Borrowing by-law

(3) A corporation shall not borrow money unless it has passed a by-law under clause (1) (e) specifically to authorize the borrowing or unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 52 (11).

Assessment appeal

(4) If the corporation has passed a by-law under clause (1) (f), the corporation shall have the capacity and authority to appeal under section 40 of the Assessment Act on behalf of owners but shall not be liable for an alteration in the assessment of a unit or for any other matter relating to the appeal, except for the costs of the appeal. 2008, c. 7, Sched. A, s. 18; 2015, c. 28, Sched. 1, s. 52 (12).

Same

(5) Despite a by-law made under clause (1) (f), on written notice to the board and to the Assessment Review Board given before the hearing of an appeal under section 40 of the Assessment Act, an owner may withdraw an appeal that the corporation has made on the owner’s behalf. 2008, c. 7, Sched. A, s. 18.

By-laws to be reasonable

(6) The by-laws shall be reasonable and consistent with this Act and the declaration. 1998, c. 19, s. 56 (6).

Same, proposed by-laws

(7) By-laws proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act and the proposed declaration. 1998, c. 19, s. 56 (7).

Inconsistent provisions

(8) If any provision in a by-law or a proposed by-law is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the by-law or proposed by-law, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 56 (8).

Registration

(9) For each by-law of a corporation, an officer of the corporation shall certify a copy of the by-law as a true copy and the corporation shall register the copy in,

(a)  the land titles division of the land registry office within the boundaries of which division the land described in the description is situated, if the land registry office has a land titles division; or

(b)  the registry division of the land registry office within the boundaries of which division the land described in the description is situated, if the land registry office does not have a land titles division. 1998, c. 19, s. 56 (9).

When by-law effective

(10) A by-law is not effective until,

(a)  the owners of a majority of the units in the corporation, or such other number of owners that is prescribed, vote in favour of confirming it, with or without amendment; and

(b)  a copy of it is registered in accordance with subsection (9). 1998, c. 19, s. 56 (10); 2015, c. 28, Sched. 1, s. 52 (13).

Same, proposed by-law

(11) Despite subsection (10), a by-law proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a by-law of the corporation that takes effect in accordance with subsection (10). 1998, c. 19, s. 56 (11).

Section Amendments with date in force (d/m/y)

2008, c. 7, Sched. A, s. 18 - 14/05/2008

2015, c. 28, Sched. 1, s. 52 (1-4, 10, 12, 13) - 01/11/2017; 2015, c. 28, Sched. 1, s. 52 (5-9, 11) - not in force

Occupancy standards by-law

57 (1) Subject to section 56, the board may, by resolution, make, amend or repeal by-laws not contrary to this Act or the declaration that establish standards for the occupancy of units in the corporation for residential purposes. 1998, c. 19, s. 57 (1); 2015, c. 28, Sched. 1, s. 53 (1).

Standards

(2) The standards shall be,

(a)  the occupancy standards contained in a by-law passed by the council of a municipality in which the land of the corporation is situated; or

(b)  subject to the regulations, standards that are not more restrictive than standards that are in accordance with the maximum occupancy for each unit based on the maximum occupancy for which the building in which the units are located is designed. 1998, c. 19, s. 57 (2); 2015, c. 28, Sched. 1, s. 146 (1).

Prohibition

(3) A by-law passed under subsection (1) may prohibit persons from occupying units in the corporation that do not comply with the standards set out in the by-law. 1998, c. 19, s. 57 (3); 2015, c. 28, Sched. 1, s. 53 (1).

Assessments

(4) If the corporation has passed a by-law under subsection (1) and a person contravenes the standards for the occupancy of a unit set out in the by-law, the board may, by resolution, levy against the unit,

(a)  an assessment for the amount that reasonably reflects the amount by which the contravention increases the cost of maintaining the common elements and repairing them after damage; and

(b)  an assessment for the amount that reasonably reflects the amount by which the contravention increases the cost of using the utilities that form part of the common expenses. 1998, c. 19, s. 57 (4); 2015, c. 28, Sched. 1, s. 53 (2).

Part of common expenses

(5) The assessments mentioned in subsection (4) shall form part of the contribution to the common expenses payable for the unit. 1998, c. 19, s. 57 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 53 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Rules

58 (1) The board may make, amend or repeal rules under this section respecting the use of the units, the common elements or the assets, if any, of the corporation to,

(a)  promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or

(b)  prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 54 (1).

Rules to be reasonable

(2) The rules shall be reasonable and consistent with this Act, the declaration and the by-laws. 1998, c. 19, s. 58 (2).

Same, proposed rules

(3) Rules proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act, the proposed declaration and the proposed by-laws. 1998, c. 19, s. 58 (3).

Inconsistent provisions

(4) If any provision in a rule or a proposed rule is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the rule or proposed rule, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 58 (4).

Amendment by owners

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)  a copy of the rule as made, amended or repealed, as the case may be;

(b)  a statement of the date that the board proposes that the rule will become effective;

(c)  a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)  a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.  If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.  the time at which a quorum is not present at the first attempt to hold the meeting, and

ii.  the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at the meeting.

2.  If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day. 2015, c. 28, Sched. 1, s. 54 (3).

Same

(8) A rule or an amendment to a rule that has substantially the same purpose or effect as a rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose. 1998, c. 19, s. 58 (8).

Same, proposed rule

(9) Despite subsection (7), a rule proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a rule of the corporation that takes effect in accordance with subsection (7). 1998, c. 19, s. 58 (9).

Compliance

(10) All persons bound by the rules shall comply with them and the rules may be enforced in the same manner as the by-laws. 1998, c. 19, s. 58 (10).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 54 (1-3) - 01/11/2017

Joint by-laws and rules

59 (1) The boards of two or more corporations may make, amend or repeal joint by-laws or rules governing the use and maintenance of shared facilities and services. 1998, c. 19, s. 59 (1).

Application to corporations

(2) A joint by-law or rule is a by-law or rule, as the case may be, of each corporation. 1998, c. 19, s. 59 (2).

When joint by-law effective

(3) A joint by-law is not effective until,

(a)  the majority of the owners of the units of each corporation vote in favour of confirming it, with or without amendment; and

(b)  each corporation registers a copy of it in accordance with subsection 56 (9). 1998, c. 19, s. 59 (3).

Joint meeting

(4) The vote of the owners under clause (3) (a) may be at a joint meeting of the corporations duly called for that purpose. 1998, c. 19, s. 59 (4).

Repeal of joint by-law

(5) Once a joint by-law is effective, it is effective until the owners of a majority of the units of each corporation vote in favour of repealing it and a copy of the repealing by-law is registered in accordance with subsection 56 (9). 1998, c. 19, s. 59 (5).

Amendment of joint rule

(6) The owners of each corporation may amend or repeal a joint rule at a joint meeting of owners of the corporations or at a meeting of owners of each corporation if the meeting has been duly called for that purpose. 1998, c. 19, s. 59 (6).

Notice of joint rule

(7) Upon making, amending or repealing a joint rule, the board of each corporation shall give a notice of the joint rule to its owners that includes,

(a)  a copy of the rule as made, amended or repealed, as the case may be;

(b)  a statement of the date that the boards propose that the rule will become effective; and

(c)  a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (8), (9) and (10). 1998, c. 19, s. 59 (7).

When joint rule effective

(8) Subject to subsection (10), if the board of any of the corporations receives a requisition for a meeting under section 46 within 30 days after it gives notice of the joint rule to its owners, the joint rule is not effective until the owners approve it at a joint meeting of owners of the corporations or at a meeting of owners of each corporation. 1998, c. 19, s. 59 (8).

Same, no requisition

(9) Subject to subsection (10), if the board of none of the corporations receives a requisition for a meeting under section 46 within 30 days after it gives notice of the joint rule to its owners, the joint rule is not effective until 30 days after the board of each corporation has given notice of the joint rule to its owners. 1998, c. 19, s. 59 (9).

Same, previous rule

(10) A joint rule or an amendment to a joint rule that has substantially the same purpose or effect as a joint rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners of each corporation approve it, with or without amendment, at a joint meeting of owners of the corporations or at a meeting of owners of each corporation duly called for that purpose. 1998, c. 19, s. 59 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 59 of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 55)

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 55 - not in force

Auditors and Financial Statements

Appointment of auditor

60 (1) At their first meeting, the owners shall appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting and, if the owners do not do so, the board shall make the necessary appointments as expeditiously as possible. 1998, c. 19, s. 60 (1).

Same, subsequent years

(2) At each annual general meeting, the owners shall appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting and, if the owners do not do so, the auditor in office continues in office until a successor is appointed. 1998, c. 19, s. 60 (2).

Appointment by court

(3) If for any reason no auditor is appointed as required by this section, the Superior Court of Justice may, on the application of an owner,

(a)  appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting;

(b)  fix the remuneration that the corporation shall pay for the services of the auditor who is appointed; and

(c)  fix the amount that the corporation shall pay to the owner for the cost of the application. 1998, c. 19, s. 60 (3); 2000, c. 26, Sched. B, s. 7 (5).

Notice of appointment

(4) The corporation shall give notice in writing to an auditor of the appointment immediately after the appointment is made. 1998, c. 19, s. 60 (4).

Exception

(5) The owners of a corporation shall not appoint auditors under subsection (2) at an annual general meeting if,

(a)  a turn-over meeting has been held under section 43;

(b)  the corporation consists of fewer than 25 units; and

(c)  as of the date of the meeting, all the owners consent in writing to dispense with the audit mentioned in subsection 67 (1) until the next annual general meeting. 1998, c. 19, s. 60 (5).

Loss of owner’s right to consent

(6) An owner is not entitled to consent under clause (5) (c) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 56.

Payment of arrears

(7) An owner who, under subsection (6), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 56.

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001

2015, c. 28, Sched. 1, s. 56 - 01/11/2017

Qualifications

61 No person shall act as auditor of a corporation if the person,

(a)  is a director, officer or employee of the corporation;

(b)  is a condominium manager who provides condominium management services to the corporation under an agreement between the corporation and either the manager or a condominium management provider;

(c)  has an interest in a contract to which the corporation is a party; or

(d)  is a partner, employer or employee of a person mentioned in clause (a) or (b). 1998, c. 19, s. 61; 2015, c. 28, Sched. 2, s. 80 (10).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 57 - no effect - see 2015, c. 28, Sched. 2, s. 82 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (10), 82 (1, 2) - 01/11/2017

Remuneration

62 The remuneration of an auditor shall be fixed,

(a)  by the owners if the auditor is appointed by the owners; or

(b)  by the board if authorized by the owners to do so or if the auditor is appointed by the board. 1998, c. 19, s. 62.

Removal

63 (1) The owners may remove an auditor before the expiration of the auditor’s term of office at a meeting duly called for that purpose. 1998, c. 19, s. 63 (1).

Replacement

(2) If the owners remove an auditor under subsection (1), they shall, at the same meeting, appoint a person qualified to be an auditor to act as auditor for the remainder of the term of the auditor who was removed. 1998, c. 19, s. 63 (2).

(3) Repealed: 2015, c. 28, Sched. 1, s. 58.

Notice to auditors

(4) At least 30 days before giving the owners notice of a meeting for the purpose of removing an auditor, the person calling the meeting shall give to the auditor,

(a)  written notice of the intention to call the meeting, specifying the date on which the notice of the meeting is proposed to be mailed;

(b)  a statement of the name of the auditor who is proposed to be removed and the reasons for the removal; and

(c)  a copy of all material proposed to be sent to the owners in connection with the meeting. 1998, c. 19, s. 63 (4).

Right to make representations

(5) An auditor may make written representations to the corporation concerning the proposed removal of the auditor or the appointment of another person to fill the office of auditor. 1998, c. 19, s. 63 (5).

Method

(6) In order to make representations under subsection (5), an auditor shall send them to the person calling the meeting at least three days before the mailing of the notice of the meeting. 1998, c. 19, s. 63 (6).

Notice of meeting

(7) The person calling the meeting shall, at the expense of the corporation, include in the notice of the meeting,

(a)  a statement of the name of the auditor who is proposed to be removed and the reasons for the removal; and

(b)  a copy of all representations received. 1998, c. 19, s. 63 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 58 - 01/11/2017

Resignation

64 (1) A resignation of an auditor becomes effective at the time a written resignation is delivered to the corporation or at the time specified in the resignation, whichever is later. 1998, c. 19, s. 64 (1).

Representations

(2) In a resignation, the auditor may make written representations to the corporation concerning the resignation and in that case the corporation shall attach a copy of the representations to the notice of the next meeting of owners. 1998, c. 19, s. 64 (2).

Vacancy

65 (1) If a vacancy arises in the office of auditor, the directors may appoint any person qualified to be an auditor to hold office as auditor to fill the vacancy. 1998, c. 19, s. 65 (1).

Term of replacement

(2) An auditor appointed under subsection (1) shall hold office until the close of the next annual general meeting or until a successor is appointed, whichever is later. 1998, c. 19, s. 65 (2).

Financial statements

66 (1) A corporation shall have its financial statements prepared in the prescribed manner and in accordance with generally accepted accounting principles as are prescribed. 1998, c. 19, s. 66 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 66 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 59 (1))

Financial statements

(1) A corporation shall have its financial statements prepared in the prescribed manner and in accordance with Canadian accounting standards for not-for-profit organizations as are prescribed. 2015, c. 28, Sched. 1, s. 59 (1).

Contents

(2) The financial statements shall include,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 66 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 59 (2))

Contents

(2) Unless the regulations provide otherwise, the financial statements shall include,

(a)  a balance sheet;

(b)  a statement of general operations;

(c)  a statement of changes in financial position;

Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 66 (2) (a), (b) and (c) of the Act are repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 59 (3))

(a)  the budget of the corporation for the fiscal year to which the financial statements apply;

(b)  a statement of financial position;

(c)  a statement of operations;

(c.1)  a statement of changes in net assets;

(c.2)  a statement of cash flows;

(d)  a statement of reserve fund operations;

(e)  prescribed information relating to the reserve fund study and the operation of the reserve fund;

(f)  an indication of the aggregate remuneration paid to the directors in that capacity and the aggregate remuneration paid to the officers in that capacity; and

(g)  the additional statements or information that the regulations require. 1998, c. 19, s. 66 (2); 2015, c. 28, Sched. 1, s. 146 (1).

Approval

(3) The board shall approve the financial statements before placing them before an annual general meeting. 1998, c. 19, s. 66 (3).

Form of approval

(4) The approval shall be evidenced by the signature at the bottom of the balance sheet by two of the directors duly authorized to sign. 1998, c. 19, s. 66 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 59 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Audit

67 (1) The auditor shall, every year, make the examination that is necessary in order to make an annual report on the financial statements to the corporation on behalf of the owners. 1998, c. 19, s. 67 (1).

Right of access

(2) The auditor has right of access at all times to all records, documents, accounts and vouchers of the corporation and is entitled to require from the directors, officers and employees of the corporation or from persons under contract to the corporation to manage the property or its assets the information and explanations that, in the auditor’s opinion, are necessary in order to make the report. 1998, c. 19, s. 67 (2).

Standards

(3) The auditor’s report shall be prepared in the prescribed manner and in accordance with generally accepted auditing standards as are prescribed. 1998, c. 19, s. 67 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 60)

Standards

(3) The auditor’s report shall be prepared in the prescribed manner and in accordance with Canadian auditing standards as are prescribed. 2015, c. 28, Sched. 1, s. 60.

Contents of report

(4) The auditor shall include in the report the statements that the auditor considers necessary if the corporation’s financial statements are not in accordance with the requirements of this Act and the regulations made under it. 1998, c. 19, s. 67 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 60)

Contents of report

(4) In the report the auditor shall,

(a)  state whether the statement of reserve fund operations and any other prescribed information that relates to the operation of the reserve fund and that is contained in the financial statements do not fairly present the information contained in the materials that the auditor has received under clause 94 (9) (b); and

(b)  include the other prescribed statements that the auditor considers necessary relating to the corporation’s financial statements and the prescribed requirements of this Act and the regulations. 2015, c. 28, Sched. 1, s. 60.

Same, reserve fund study

(5) The auditor shall state in the report whether the statement of reserve fund operations and any other prescribed information relating to the operation of the reserve fund and contained in the financial statements do not fairly present the information contained in the reserve fund studies that the auditor has received. 1998, c. 19, s. 67 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 67 (5) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 60)

Presentation of report

(6) The auditor shall present the auditor’s report to the audit committee described in subsection 68 (1) or to the board if there is no audit committee. 1998, c. 19, s. 67 (6).

Immunity

(7) Except with respect to the contents of the report, no action or other proceeding for damages shall be instituted against an auditor or a former auditor for any oral or written statement made in good faith in the execution or intended execution of the duty as auditor under this Act. 1998, c. 19, s. 67 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 60 - not in force

Audit committee

68 (1) If the number of directors of the corporation is more than six, the directors may elect annually from among their number a committee to be known as the audit committee to hold office until the next annual general meeting. 1998, c. 19, s. 68 (1).

Members

(2) The audit committee shall be composed of at least three directors and the majority of committee members shall not consist of officers or employees of the corporation. 1998, c. 19, s. 68 (2).

Review of statements

(3) On receiving the financial statements, the auditor’s report and an amended auditor’s report, if any, the audit committee shall review them and submit them to the board. 1998, c. 19, s. 68 (3).

Auditor to appear

(4) The auditor has the right to appear before and be heard at any meeting of the audit committee and shall appear before the committee when the committee so requires. 1998, c. 19, s. 68 (4).

Meeting at auditor’s request

(5) At the request of the auditor, the audit committee shall convene a meeting of the committee to consider all matters the auditor believes should be brought to the attention of the board or the committee members. 1998, c. 19, s. 68 (5).

Delivery of statements

69 (1) The board shall place before each annual general meeting,

(a)  the financial statements as approved by the board;

(b)  the auditor’s report; and

(c)  all further information respecting the financial position of the corporation that the by-laws of the corporation require. 1998, c. 19, s. 69 (1).

Copy with notice of meeting

(2) The corporation shall attach to the notice of the annual general meeting a copy of the financial statements and the auditor’s report. 1998, c. 19, s. 69 (2).

Right to attend meeting

70 (1) The auditor is entitled to attend a meeting of owners and to be heard on any part of the business of the meeting that concerns the office of the auditor. 1998, c. 19, s. 70 (1).

Notice of meetings

(2) The corporation shall give the auditor notice of all meetings of owners and all other communications relating to the meetings that the owners are entitled to receive. 1998, c. 19, s. 70 (2).

Attendance required

(3) The corporation or an owner may require that an auditor or a former auditor attend a meeting of owners for the purpose of answering inquiries described in subsection (6) by giving written notice to the person whose attendance is required, at least five days before the meeting, that the person’s presence is required. 1998, c. 19, s. 70 (3).

Notice to corporation

(4) An owner who gives written notice to an auditor or former auditor under subsection (3) shall give a copy of the notice to the corporation. 1998, c. 19, s. 70 (4).

Remuneration for attendance

(5) If an auditor or a former auditor is required to attend a meeting of owners, the corporation shall compensate the auditor or former auditor, as the case may be, for expenses and pay the reasonable remuneration that it deems appropriate. 1998, c. 19, s. 70 (5).

Duty to answer questions

(6) At a meeting of owners, the auditor or former auditor, as the case may be, if present, shall answer inquiries concerning the basis upon which the person formed the opinion stated in the person’s reports. 1998, c. 19, s. 70 (6).

Amendment of statements

71 (1) The board shall amend the corporation’s financial statements if facts come to the attention of the directors or officers of a corporation after the annual general meeting and the facts require a material adjustment to the financial statements that were presented at the meeting. 1998, c. 19, s. 71 (1).

Copy of amended statements

(2) Immediately after making an amendment, the corporation shall send to the auditor a statement of the facts that gave rise to the amendment and a copy of the amended financial statements. 1998, c. 19, s. 71 (2).

Amendment of auditor’s report

(3) On receiving the statements furnished under subsection (2), the auditor shall amend the auditor’s report if the auditor is of the opinion that it is necessary and in that case shall present it to the audit committee or to the board if there is no audit committee. 1998, c. 19, s. 71 (3).

Delivery of amended report

(4) The board shall mail or deliver a copy of the amended report to the owners. 1998, c. 19, s. 71 (4).

Same, by auditor

(5) If the board does not mail or deliver a copy of the amended report to the owners within a reasonable time, the auditor shall mail or deliver a copy of the amended report to the owners and the corporation shall reimburse the auditor for the reasonable costs incurred in the mailing or the delivery. 1998, c. 19, s. 71 (5).

Part IV.1 (S. 71.0.1-71.0.3) Repealed: 2023, c. 9, Sched. 7, s. 10.

71.0.1-71.0.3 Repealed: 2023, c. 9, Sched. 7, s. 10.

Section Amendments with date in force (d/m/y)

2020, c. 7, Sched. 5, s. 1 - 17/03/2020; 2020, c. 7, Sched. 5, s. 3 - no effect - see 2023, c. 9, Sched. 7, s. 13 - 08/06/2023

2023, c. 9, Sched. 7, s. 10 - 01/10/2023

PART V
SALE AND LEASE OF UNITS

Disclosure Requirements

Condominium guide

71.1 (1) The Minister shall ensure that one or more condominium guides are prepared, each of which shall set out, if the Minister considers appropriate,

(a)  information for purchasers of units or proposed units;

(b)  information about the rights and obligations of owners, occupiers of units and the board in a corporation; and

(c)  such other matters that the Minister considers appropriate. 2015, c. 28, Sched. 1, s. 61.

Different versions

(2) A condominium guide may be prepared in different versions depending on the type of corporation, the persons or the circumstances to which it applies, all as the Minister may determine. 2015, c. 28, Sched. 1, s. 61.

Delegation to condominium authority

(3) If the condominium authority exists, the Minister may require the authority to prepare any of the condominium guides, subject to the Minister’s approval. 2015, c. 28, Sched. 1, s. 61.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 61 - 01/01/2021

Disclosure statement and guide

72 (1) The declarant shall deliver to every person who purchases a unit or a proposed unit from the declarant or a person acting on behalf of or for the benefit of the declarant a copy of,

(a)  the current disclosure statement made by the declarant for the corporation of which the unit or proposed unit forms part; and

(b)  the applicable condominium guide under section 71.1. 2015, c. 28, Sched. 1, s. 62 (1).

Purchaser not bound

(2) An agreement of purchase and sale of a unit or a proposed unit entered into by a declarant or a person acting on behalf of or for the benefit of the declarant is not binding on the purchaser until the declarant has delivered to the purchaser a copy of the current disclosure statement and the condominium guide in accordance with subsection (1). 2015, c. 28, Sched. 1, s. 62 (1).

Contents

(3) A disclosure statement shall specify the date on which it is made and shall contain,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 62 (2))

Contents

(3) A disclosure statement shall be prepared in accordance with the regulations and shall contain,

(a)  a table of contents prepared in accordance with subsection (4) and located at the beginning of the disclosure statement;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (a) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 62 (3))

(a)  a summary prepared in accordance with the prescribed requirements;

(a.1)  a statement specifying the date on which it is made;

(b)  a statement indicating,

(i)  whether the corporation is a freehold condominium corporation or a leasehold condominium corporation, and

(ii)  if the corporation is a freehold condominium corporation, the type of freehold condominium corporation that it is;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (b) of the Act is amended by striking out “and” at the end of subclause (i), by adding “and” at the end of subclause (ii) and by adding the following subclause: (See: 2015, c. 28, Sched. 1, s. 62 (4))

(iii)  whether the corporation is a phased condominium corporation;

(c)  a statement of the name and municipal address of the declarant and the mailing address of the property or the proposed property and its municipal address if available;

(d)  a general description of the property or proposed property including the types and number of buildings, units and recreational and other amenities together with all conditions that apply to the provision of amenities;

(e)  if the declarant has made an application for approval described in subsection 9 (4), a summary of the reports, if any, that the approval authority has required be made under subsection 9 (4) and the agreements, if any, that the approval authority has imposed under subsection 9 (5) as a condition of approval;

(f)  a statement indicating whether the property or part of the property is or may be subject to the Ontario New Home Warranties Plan Act or whether the declarant has enrolled or intends to enrol the proposed units and common elements in the Plan within the meaning of that Act in accordance with the regulations made under that Act;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (f) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (14))

(f)  a statement indicating whether the property or part of the property, and the real property, if any, that is prescribed are or may be subject to the Protection for Owners and Purchasers of New Homes Act, 2017 or whether the declarant has enrolled or intends to enrol the proposed units, common elements and the real property, if any, that is prescribed, in the Plan, within the meaning of that Act, in accordance with the regulations made under that Act;

(f.1)  if the disclosure statement is for a unit or proposed unit in a residential condominium conversion project,

(i)  a statement that the project is a residential condominium conversion project,

(ii)  a list of the pre-existing elements as identified in the pre-existing elements fund study,

(iii)  a copy of the pre-existing elements fund study,

(iv)  a statement that subclause 13 (1) (a) (i) of the Ontario New Home Warranties Plan Act does not apply to the pre-existing elements,

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 72 (3) (f.1) (iv) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (15))

(iv)  a statement that the prescribed provisions of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under that Act do not apply to the pre-existing elements,

(v)  a copy of the text of subclause 13 (1) (a) (i) and subsection 17.2 (1) of the Ontario New Home Warranties Plan Act, and

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 72 (3) (f.1) (v) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (15))

(v)  a copy of the text of the provisions mentioned in subclause (iv), and

(vi)  a statement that the Registrar, as defined in the Ontario New Home Warranties Plan Act, has confirmed that the conditions set out in subsection 17.2 (1) of the Ontario New Home Warranties Plan Act have been satisfied;

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 72 (3) (f.1) (vi) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (15))

(vi)  a statement that the registrar appointed under section 38 of the Protection for Owners and Purchasers of New Homes Act, 2017 has confirmed that the conditions set out in the prescribed provisions of that Act or the regulations made under that Act have been satisfied;

(g)  a statement whether a building on the property or a unit or a proposed unit has been converted from a previous use;

(h)  a statement whether one or more units or proposed units may be used for commercial or other purposes not ancillary to residential purposes;

(i)  a statement of the portion of units or proposed units which the declarant intends to market in blocks of units to investors;

(j)  a statement of the portion of units or proposed units, to the nearest anticipated 25 per cent, that the declarant intends to lease;

(k)  if construction of amenities is not completed, a schedule of the proposed commencement and completion dates;

(l)  a list of the amenities that the declarant proposes to provide to the purchaser during a period of interim occupancy of a proposed unit under section 80;

  (m)  a copy of the existing or proposed declaration, by-laws, rules and insurance trust agreement, if any;

(n)  a brief description of the significant features of all agreements or proposed agreements mentioned in section 111, 112, 113 or 114 and of all agreements or proposed agreements between the corporation and another corporation;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (n) of the Act is amended by adding “21.1” after “section”. (See: 2015, c. 28, Sched. 1, s. 62 (6))

(o)  a statement of whether, to the knowledge of the declarant, the corporation intends to amalgamate with another corporation or whether the declarant intends to cause the corporation to amalgamate with another corporation within 60 days of the date of registration of the declaration and description for the corporation;

(p)  if an amalgamation is intended under clause (o), a copy of the proposed declaration, description, by-laws and rules for the amalgamated corporation, if available;

(q)  a copy of the budget statement described in subsection (6);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (q) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 62 (7))

(q)  a copy of the budget statement described in subsection (6), unless the regulations provide otherwise;

(q.1)  a statement, prepared in accordance with the regulations, of the circumstances, as may be prescribed, that a declarant knows or ought to know may result in an increase in the common expenses mentioned in any part of subsection (6) after the one-year period immediately following the registration of the declaration and description;

(q.2)  a statement, prepared in accordance with the regulations, of the amount of any potential increase mentioned in clause (q.1) that is likely to take place as a result of any of the circumstances mentioned in that clause;

(r)  a copy of the budget of the corporation for the current fiscal year if more than one year has passed since the registration of the declaration and description for the corporation;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (3) (r) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 62 (8))

(r)  if more than one year has passed since the registration of the declaration and description for the corporation, a copy of the budget of the corporation for the current fiscal year and a copy of all amendments, if any, made to that budget;

(s)  a statement setting out the fees or charges, if any, that the corporation is required to pay to the declarant or another person; and

(t)  all other material that the regulations require. 1998, c. 19, s. 72 (3); 2001, c. 9, Sched. D, s. 3 (1); 2015, c. 28, Sched. 1, s. 146 (1); 2015, c. 28, Sched. 1, s. 62 (5).

Table of contents

(4) The table of contents in the disclosure statement shall be in the prescribed form, shall indicate whether the declaration, by-laws, rules or the proposed declaration, by-laws or rules of the corporation or any other material in the disclosure statement deal with the following matters and, if so, shall indicate where the matters are dealt with:

1.  A statement indicating,

i.  whether the corporation is a leasehold condominium corporation or a freehold condominium corporation, and

ii.  if the corporation is a freehold condominium corporation, the type of freehold condominium corporation that it is.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 72 (4) of the Act is amended by striking out “and” at the end of subparagraph i, by adding “and” at the end of subparagraph ii and by adding the following subparagraph: This amendment applies only if it comes into force before the day this subsection is repealed by S.O. 2015, chapter 28, Schedule 1, subsection 62 (11). (See: 2015, c. 28, Sched. 1, s. 62 (9), (10))

iii.  whether the corporation is a phased condominium corporation.

2.  The property or part of the property is or may be subject to the Ontario New Home Warranties Plan Act or the proposed units and common elements are enrolled or are intended to be enrolled in the Plan within the meaning of that Act in accordance with the regulations made under that Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 72 (4) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (16))

2.  The property or part of the property and the real property, if any, that is prescribed are or may be subject to the Protection for Owners and Purchasers of New Homes Act, 2017 or the proposed units and common elements and the real property, if any, that is prescribed are enrolled or are intended to be enrolled in the Plan, within the meaning of that Act, in accordance with the regulations made under that Act.

3.  A building on the property or a unit or a proposed unit has been converted from a previous use.

4.  One or more units or proposed units may be used for commercial or other purposes not ancillary to residential purposes.

5.  A provision exists with respect to pets on the property or the proposed property.

6.  There exist restrictions or standards with respect to the occupancy or use of units or proposed units or the use of common elements or proposed common elements that are based on the nature or design of the facilities and services on the property or on other aspects of the buildings located on the property.

7.  A statement of the portion of units or proposed units, to the nearest anticipated 25 per cent, that the declarant intends to lease.

8.  A statement whether the proportion, expressed in percentages, of the common interest appurtenant to any unit or proposed unit differs in an amount of 10 per cent or more from that appurtenant to any other unit or proposed unit of the same type, size and design.

9.  A statement whether the proportion, expressed in percentages, in which the owner of any unit or proposed unit is required to contribute to the common expenses differs in an amount of 10 per cent or more from that required of the owner of any other unit or proposed unit of the same type, size and design.

10.  A statement whether any unit or proposed unit is exempt from a cost attributable to the rest of the units or proposed units.

11.  Part or the whole of the common elements or the proposed common elements are subject to a lease or licence.

12.  A statement whether parking is allowed in or on a unit, on the common elements or on a part of the common elements of which an owner has exclusive use and a statement of the restrictions on parking.

13.  Any other statement specified in the regulations made under this Act. 1998, c. 19, s. 72 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (4) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 62 (11))

Copy of budget

(5) On the request of the declarant, the corporation shall, promptly and without charge, provide a copy of its budget for the current fiscal year to the declarant. 1998, c. 19, s. 72 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 62 (12))

Copy of budget, etc.

(5) On the request of the declarant, the corporation shall, promptly and without charge, provide the declarant with a copy of its budget for the current fiscal year and a copy of all amendments, if any, made to that budget. 2015, c. 28, Sched. 1, s. 62 (12).

Budget statement

(6) The budget statement is a statement for the one-year period immediately following the registration of the declaration and description and shall contain,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (6) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 62 (13))

Budget statement

(6) The budget statement is a statement for the one-year period immediately following the registration of the declaration and description, and it shall cover the corporation’s general and reserve fund accounts, shall be prepared in accordance with the regulations and shall contain, subject to the regulations,

(a)  a statement of the common expenses of the corporation;

(b)  a statement of the proposed amount of each expense of the corporation, including the cost of the reserve fund study required for the year, the cost of the performance audit under section 44 and the cost of preparing audited financial statements if subsection 43 (7) requires the declarant to deliver them within one year following the registration of the declaration and description;

(c)  particulars of the type, frequency and level of the services to be provided;

(d)  a statement of the projected monthly common expense contribution for each type of unit;

(e)  a statement of the portion of the common expenses to be paid into a reserve fund;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 72 (6) (e) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 62 (14))

(e)  a statement of the portion of the common expenses to be paid into a reserve fund, which shall be determined in accordance with the regulations;

(f)  a statement of the status of all pending lawsuits material to the property of which the declarant has actual knowledge and that may affect the property after the registration of a deed to the unit from the declarant to the purchaser;

(g)  a statement of the amounts of all current or expected fees, charges, rents or other revenue to be paid to or by the corporation or by any of the owners for the use of the common elements or other facilities related to the property, unless a turn over meeting has been held under section 43;

(h)  a statement of all services not included in the budget that the declarant provides, or expenses that the declarant pays and that might reasonably be expected to become, at any subsequent time, a common expense and the projected common expense contribution attributable to each of those services or expenses for each type of unit;

(i)  a statement of the projected amounts in all reserve funds at the end of the current fiscal year;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 72 (6) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 62 (15))

(i.1)  a statement, prepared in accordance with the regulations, as to whether there will be any increase, as may be prescribed, in the amounts mentioned in this subsection and setting particulars of those increases;

(j)  a summary of the most recent reserve fund study, if any; and

(k)  all other material that the regulations require. 1998, c. 19, s. 72 (6); 2015, c. 28, Sched. 1, s. 146 (1).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. D, s. 3 (1) - 29/06/2001

2015, c. 28, Sched. 1, s. 62 (1) - 01/01/2021; 2015, c. 28, Sched. 1, s. 62 (2-4, 6-15) - not in force; 2015, c. 28, Sched. 1, s. 62 (5) - 01/01/2018; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

2017, c. 33, Sched. 2, s. 75 (14-16) - not in force; 2017, c. 33, Sched. 2, s. 79 (13, 14) - no effect

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 63)

Disclosure of budget

72.1 If a person enters into an agreement to purchase a unit or a proposed unit from a declarant or a person acting on behalf of or for the benefit of the declarant, the declarant shall deliver to the purchaser, no later than 10 days before delivering to the purchaser a deed to the unit being purchased that is in registerable form, a copy of the budget mentioned in subsection 83.1 (3) for the corporation, unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 63.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 63 - not in force

Rescission of agreement

73 (1) A purchaser who receives a disclosure statement and the condominium guide under subsection 72 (1) may, in accordance with this section, rescind the agreement of purchase and sale before accepting a deed to the unit being purchased that is in registerable form. 1998, c. 19, s. 73 (1); 2015, c. 28, Sched. 1, s. 64 (1).

Notice of rescission

(2) To rescind an agreement of purchase and sale under this section, a purchaser or the purchaser’s solicitor shall give a written notice of rescission to the declarant or to the declarant’s solicitor who must receive the notice within 10 days of the latest of,

(a)  the date that the purchaser receives the disclosure statement;

(b)  the date that the purchaser receives a copy of the applicable condominium guide under section 71.1; and

(c)  the date that the purchaser receives a copy of the agreement of purchase and sale executed by the declarant and the purchaser. 1998, c. 19, s. 73 (2); 2015, c. 28, Sched. 1, s. 64 (2, 3).

Refund upon rescission

(3) If a declarant or the declarant’s solicitor receives a notice of rescission from a purchaser under this section, the declarant shall promptly refund, without penalty or charge, to the purchaser, all money received from the purchaser under the agreement and credited towards the purchase price, together with interest on the money calculated at the prescribed rate from the date that the declarant received the money until the date the declarant refunds it. 1998, c. 19, s. 73 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 64 (1-3) - 01/01/2021

Material changes in disclosure statement

74 (1) Whenever there is a material change in the information contained or required to be contained in a disclosure statement delivered to a purchaser under subsection 72 (1) or a revised disclosure statement or a notice delivered to a purchaser under this section, the declarant shall deliver a revised disclosure statement or a notice to the purchaser. 1998, c. 19, s. 74 (1).

Definition

(2) In this section,

“material change” means a change or a series of changes that a reasonable purchaser, on an objective basis, would have regarded collectively as sufficiently important to the decision to purchase a unit or proposed unit in the corporation that it is likely that the purchaser would not have entered into an agreement of purchase and sale for the unit or the proposed unit or would have exercised the right to rescind such an agreement of purchase and sale under section 73, if the disclosure statement had contained the change or series of changes, but does not include,

(a)  a change in the contents of the budget of the corporation for the current fiscal year if more than one year has passed since the registration of the declaration and description for the corporation,

(b)  a substantial addition, alteration or improvement within the meaning of subsection 97 (6) that the corporation makes to the common elements after a turn-over meeting has been held under section 43,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) of the definition of “material change” in subsection 74 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 65 (1))

(b)  a substantial modification, within the meaning of subsection 97 (9), that is an addition, alteration or improvement that the corporation makes to the common elements after a turn-over meeting has been held under section 43,

(c)  a change in the portion of units or proposed units that the declarant intends to lease,

(d)  a change in the schedule of the proposed commencement and completion dates for the amenities of which construction had not been completed as of the date on which the disclosure statement was made, or

(e)  a change in the information contained in the statement described in subsection 161 (1) of the services provided by the municipality or the Minister of Municipal Affairs and Housing, as the case may be, as described in that subsection, if the unit or the proposed unit is in a vacant land condominium corporation. 1998, c. 19, s. 74 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “material change” in subsection 74 (2) of the Act is amended by striking out “or” at the end of clause (d) and by adding the following clauses: (See: 2015, c. 28, Sched. 1, s. 65 (2))

(f)  except as is otherwise prescribed, an increase of less than 10 per cent in the common expenses mentioned in any part of subsection 72 (6), determined in accordance with the regulations,

(g)  except as is otherwise prescribed, an increase in the common expenses mentioned in any part of subsection 72 (6) if it is the result of the application, in the prescribed manner, of any prescribed taxes, levies or charges, or

(h)  anything that is prescribed.

Contents of revised statement

(3) The revised disclosure statement or notice required under subsection (1) shall clearly identify all changes that in the reasonable belief of the declarant may be material changes and summarize the particulars of them. 1998, c. 19, s. 74 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 74 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 65 (3))

Contents of revised statement

(3) The revised disclosure statement or notice required under subsection (1) shall be prepared in accordance with the regulations, shall clearly identify all changes that, in the reasonable belief of the declarant, are or may be material changes and shall summarize the particulars of them in the prescribed manner. 2015, c. 28, Sched. 1, s. 65 (3).

Time of delivery

(4) The declarant shall deliver the revised disclosure statement or notice to the purchaser within a reasonable time after the material change mentioned in subsection (1) occurs and, in any event, no later than 10 days before delivering to the purchaser a deed to the unit being purchased that is in registerable form. 1998, c. 19, s. 74 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 74 (4) of the Act is amended by striking out “within a reasonable time” and substituting “as soon as reasonably possible”. (See: 2015, c. 28, Sched. 1, s. 65 (4))

Purchaser’s application to court

(5) Within 10 days after receiving a revised disclosure statement or a notice under subsection (1), a purchaser may make an application to the Superior Court of Justice for a determination whether a change or a series of changes set out in the statement or notice is a material change. 1998, c. 19, s. 74 (5); 2000, c. 26, Sched. B, s. 7 (5).

Rescission after material change

(6) If a change or a series of changes set out in a revised disclosure statement or a notice delivered to a purchaser constitutes a material change or if a material change occurs that the declarant does not disclose in a revised disclosure statement or notice as required by subsection (1), the purchaser may, before accepting a deed to the unit being purchased that is in registerable form, rescind the agreement of purchase and sale within 10 days of the latest of,

(a)  the date on which the purchaser receives the revised disclosure statement or the notice, if the declarant delivered a revised disclosure statement or notice to the purchaser;

(b)  the date on which the purchaser becomes aware of a material change, if the declarant has not delivered a revised disclosure statement or notice to the purchaser as required by subsection (1) with respect to the change; and

(c)  the date on which the Superior Court of Justice makes a determination under subsection (5) or (8) that the change is material, if the purchaser or the declarant, as the case may be, has made an application for the determination. 1998, c. 19, s. 74 (6); 2000, c. 26, Sched. B, s. 7 (5).

Notice of rescission

(7) To rescind an agreement of purchase and sale under this section, a purchaser or the purchaser’s solicitor shall give a written notice of rescission to the declarant or to the declarant’s solicitor. 1998, c. 19, s. 74 (7).

Declarant’s application to court

(8) Within 10 days after receiving a notice of rescission, the declarant may make an application to the Superior Court of Justice for a determination whether the change or the series of changes on which the rescission is based constitutes a material change, if the purchaser has not already made an application for the determination under subsection (5). 1998, c. 19, s. 74 (8); 2000, c. 26, Sched. B, s. 7 (5).

Refund upon rescission

(9) A declarant who receives a notice of rescission from a purchaser under this section shall refund, without penalty or charge, to the purchaser, all money received from the purchaser under the agreement and credited towards the purchase price, together with interest on the money calculated at the prescribed rate from the date that the declarant received the money until the date the declarant refunds it. 1998, c. 19, s. 74 (9).

Time of refund

(10) The declarant shall make the refund,

(a)  within 10 days after receiving a notice of rescission, if neither the purchaser nor the declarant has made an application for a determination described in subsection (5) or (8) respectively; or

(b)  within 10 days after the court makes a determination that the change is material, if the purchaser has made an application under subsection (5) or the declarant has made an application under subsection (8). 1998, c. 19, s. 74 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 74 of the Act is amended by adding the following subsections: (See: 2015, c. 28, Sched. 1, s. 65 (5))

Application

(11) A person who is or was a purchaser may make an application to the Superior Court of Justice for an order under subsection (12). 2015, c. 28, Sched. 1, s. 65 (5).

Court order

(12) The court, if satisfied that the declarant has, without reasonable excuse, failed to comply with subsection (1), (3), (4), (9) or (10),

(a)  shall order that the declarant pay damages to the person for the loss that the person incurred as a result of the declarant’s acts of non-compliance with subsection (1), (3), (4), (9) or (10), as the case may be;

(b)  shall order that the declarant pay the person’s costs of the application;

(c)  may order the declarant to pay to the person an additional amount not to exceed $10,000; and

(d)  may order the declarant to comply with subsection (1), (3), (4), (9) or (10), as the case may be. 2015, c. 28, Sched. 1, s. 65 (5).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001

2015, c. 28, Sched. 1, s. 65 - not in force

Accountability for budget statement

75 (1) The declarant is accountable to the corporation under this section for the budget statement that covers the one-year period immediately following the registration of the declaration and description. 1998, c. 19, s. 75 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 66 (1))

Declarant’s accountability for first year

(1) The declarant is accountable to the corporation under this section for,

(a)  the statement mentioned in clause 72 (6) (e) that is required to be contained in the budget statement described in subsection 72 (6); and

(b)  the portion of the budget of the corporation for its first fiscal year required by subsection 83.1 (3) that represents the one-year period immediately after the registration of the declaration and description and that is determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 66 (1)

Reserve fund contributions

(1.1) If the budget statement described in subsection 72 (6) does not comply with clause 72 (6) (e), the declarant shall pay to the corporation the amount required for compliance with that clause, as determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 66 (1).

Common expenses

(2) The declarant shall pay to the corporation the amount by which the total actual amount of common expenses incurred for the period covered by the budget statement, except for those attributable to the termination of an agreement under section 111 or 112, exceeds the total budgeted amount. 1998, c. 19, s. 75 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 66 (1))

Common expenses

(2) The declarant shall pay to the corporation the amount by which the total actual amount of common expenses incurred for the one-year period mentioned in clause (1) (b), except for the following, exceeds the total budgeted amount for that period:

1.  The expenses attributable to the termination of an agreement under section 111 or 112.

2.  The amount, or any part of it, that the declarant is required to pay under subsection (1.1).

3.  Any other prescribed amount. 2015, c. 28, Sched. 1, s. 66 (1).

Revenue

(3) The declarant shall pay to the corporation the amount by which the total actual amount of fees, charges, rents and other revenue paid or to be paid to the corporation, during the period covered by the budget statement, for the use of any part of the common elements or assets or of any other facilities related to the property, is less than the total budgeted amount. 1998, c. 19, s. 75 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 66 (1))

Revenue

(3) The declarant shall pay to the corporation the amount by which the total actual amount of fees, charges, rents and other revenue paid or to be paid to the corporation, during the one-year period mentioned in clause (1) (b), for the use of any part of the common elements or assets or of any other facilities related to the property, is less than the total budgeted amount for that period. 2015, c. 28, Sched. 1, s. 66 (1).

Set-off

(4) If the total actual amount of revenue described in subsection (3) exceeds the total budgeted amount, the declarant may deduct the excess from any amount payable under subsection (2). 1998, c. 19, s. 75 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (4) of the Act is amended by striking out “subsection (2)” at the end and substituting “subsection (1.1) or (2)”. (See: 2015, c. 28, Sched. 1, s. 66 (2))

Notice of payment

(5) After receiving the audited financial statements for the period covered by the budget statement, the board shall compare the actual amount of common expenses and revenue described in subsections (2) and (3) for the period covered by the budget statement with the budgeted amounts and shall, within 30 days of receiving the audited financial statements, give written notice to the declarant of the amount that the declarant is required to pay to the corporation under this section. 1998, c. 19, s. 75 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 66 (3))

Notice of payment

(5) After receiving the audited financial statements for the corporation’s first fiscal year, the board shall,

(a)  if it has not already done so, determine the amount, if any, that the declarant is required to pay to the corporation under subsection (1.1);

(b)  compare the actual amount of common expenses and revenue described in subsections (2) and (3) for the one-year period mentioned in clause (1) (b) with the budgeted amounts for that period; and

(c)  within 90 days of receiving the audited financial statements, give written notice to the declarant of the amount that the declarant is required to pay to the corporation under this section. 2015, c. 28, Sched. 1, s. 66 (3).

Time for payment

(6) Within 30 days of receiving the notice, the declarant shall pay the corporation the amount that it is required to pay under this section. 1998, c. 19, s. 75 (6).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 66 - not in force

Status certificate

76 (1) The corporation shall give to each person who so requests a status certificate with respect to a unit in the corporation, in the prescribed form, that specifies the date on which it was made and that contains,

(a)  a statement of the common expenses for the unit and the default, if any, in payment of the common expenses;

(b)  a statement of the increase, if any, in the common expenses for the unit that the board has declared since the date of the budget of the corporation for the current fiscal year and the reason for the increase;

(c)  a statement of the assessments, if any, that the board has levied against the unit since the date of the budget of the corporation for the current fiscal year to increase the contribution to the reserve fund and the reason for the assessments;

(d)  a statement of the address for service of the corporation;

(e)  a statement of the names and address for service of the directors and officers of the corporation;

(f)  a copy of the current declaration, by-laws and rules;

(g)  a copy of all applications made under section 109 to amend the declaration for which the court has not made an order;

(h)  a statement of all outstanding judgments against the corporation and the status of all legal actions to which the corporation is a party;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 76 (1) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 67 (2))

(h.1)  the financial implications, as may be prescribed, of the judgments and legal actions mentioned in clause (h);

(i)  a copy of the budget of the corporation for the current fiscal year, the last annual audited financial statements and the auditor’s report on the statements;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 76 (1) (i) of the Act is amended by adding “all amendments, if any, to that budget” after “fiscal year”. (See: 2015, c. 28, Sched. 1, s. 67 (3))

(j)  a list of all current agreements mentioned in section 111, 112 or 113 and all current agreements between the corporation and another corporation or between the corporation and the owner of the unit;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 76 (1) (j) of the Act is amended by striking out “section 111” and substituting “section 21.1, 111”. (See: 2015, c. 28, Sched. 1, s. 67 (4))

(k)  a statement that the person requesting the status certificate has the rights described in subsections (7) and (8) with respect to the agreements mentioned in clause (j);

(l)  a statement whether the parties have complied with all current agreements mentioned in clause 98 (1) (b) with respect to the unit;

  (m)  a statement with respect to,

(i)  the most recent reserve fund study and updates to it,

(ii)  the amount in the reserve fund no earlier than at the end of a month within 90 days of the date of the status certificate, and

(iii)  current plans, if any, to increase the reserve fund under subsection 94 (8);

(n)  a statement of those additions, alterations or improvements to the common elements, those changes in the assets of the corporation and those changes in a service of the corporation that are substantial and that the board has proposed but has not implemented, together with a statement of the purpose of them;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 76 (1) (n) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 67 (5))

(n)  a statement of those modifications, within the meaning of subsection 97 (2), that are substantial within the meaning of subsection 97 (9) and that the board has proposed but has not implemented, together with a statement of the purpose of them;

(o)  a statement of the number of units for which the corporation has received notice under section 83 that the unit was leased during the fiscal year preceding the date of the status certificate;

(p)  a certificate or memorandum of insurance for each of the current insurance policies;

(q)  a statement of the amounts, if any, that this Act requires be added to the common expenses payable for the unit;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 76 (1) (q) of the Act is amended by adding “the contribution to” after “added to”. (See: 2015, c. 28, Sched. 1, s. 67 (6))

(r)  a statement whether the Superior Court of Justice has made an order appointing an inspector under section 130 or an administrator under section 131;

(s)  all other material that the regulations require. 1998, c. 19, s. 76 (1); 2000, c. 26, Sched. B, s. 7 (5); 2015, c. 28, Sched. 1, s. 67 (1), 146 (1).

Fee for certificate

(2) The corporation may charge the prescribed fee for providing the status certificate. 1998, c. 19, s. 76 (2).

Time for giving certificate

(3) The corporation shall give the status certificate within 10 days after receiving a request for it and payment of the fee charged by the corporation for it. 1998, c. 19, s. 76 (3).

Omission of information

(4) If a status certificate that a corporation has given under subsection (1) omits material information that it is required to contain, it shall be deemed to include a statement that there is no such information. 1998, c. 19, s. 76 (4).

Default in giving certificate

(5) A corporation that does not give a status certificate within the required time shall be deemed to have given a certificate on the day immediately after the required time has expired stating that,

(a)  there has been no default in the payment of common expenses for the unit;

(b)  the board has not declared any increase in the common expenses for the unit since the date of the budget of the corporation for the current fiscal year; and

(c)  the board has not levied any assessments against the unit since the date of the budget of the corporation for the current fiscal year to increase the contribution to the reserve fund. 1998, c. 19, s. 76 (5).

Effect of certificate

(6) The status certificate binds the corporation, as of the date it is given or deemed to have been given, with respect to the information that it contains or is deemed to contain, as against a purchaser or mortgagee of a unit who relies on the certificate. 1998, c. 19, s. 76 (6).

Examination of agreements

(7) Upon receiving a written request and reasonable notice, the corporation shall permit a person who has requested a status certificate and paid the fee charged by the corporation for the certificate, or an agent of the person duly authorized in writing, to examine the agreements mentioned in clause (1) (k) at a reasonable time and at a reasonable location. 1998, c. 19, s. 76 (7).

Copies of agreements

(8) The corporation shall, within a reasonable time, provide copies of the agreements to a person examining them, if the person so requests and pays a reasonable fee to compensate the corporation for the labour and copying charges. 1998, c. 19, s. 76 (8).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001

2015, c. 28, Sched. 1, s. 67 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 67 (2-6) - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Information on corporation

77 On the request of any person, the corporation shall, without fee, provide the names and address for service of,

(a)  the directors and officers of the corporation;

(b)  the condominium management provider or the condominium manager, if any, with whom the corporation has entered into an agreement to receive condominium management services;

(c)  any other person responsible for the management of the property; and

(d)  the person to whom the corporation has delegated the responsibility for providing status certificates. 2015, c. 28, Sched. 2, s. 80 (11).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 68 - no effect - see 2015, c. 28, Sched. 2, s. 82 (3, 4) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (11), 82 (3, 4) - 01/11/2017

Sale of Units

Implied covenants

78 (1) Every agreement of purchase and sale of a proposed unit entered into by a declarant before the registration of the declaration and description that creates the unit shall be deemed to contain the following covenants by the declarant:

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 78 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following: (See: 2015, c. 28, Sched. 1, s. 69 (1))

Implied covenants

(1) Every agreement of purchase and sale of a unit or proposed unit entered into by a declarant or a person acting on behalf of or for the benefit of the declarant shall be deemed to contain the following covenants by the declarant, which shall apply despite anything in the declaration, a by-law, an agreement or an instrument:

1.  If the proposed unit is for residential purposes, a covenant to take all reasonable steps to sell the other residential units included in the property without delay, except for the units that the declarant intends to lease.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 78 (1) of the Act is amended by striking out “the proposed unit” and substituting “the unit or proposed unit”. (See: 2015, c. 28, Sched. 1, s. 69 (2))

2.  A covenant to take all reasonable steps to deliver to the purchaser without delay a deed to the unit that is in registerable form.

3.  A covenant to hold in trust for the corporation the money, if any, that the declarant collects from the purchaser on behalf of the corporation. 1998, c. 19, s. 78 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 78 of the Act is amended by adding the following subsections: (See: 2015, c. 28, Sched. 1, s. 69 (3))

No acquisition of property, etc.

(1.1) Every agreement of purchase and sale of a unit or a proposed unit entered into by a declarant or a person acting on behalf of or for the benefit of the declarant shall be deemed to contain the following covenants, which, subject to the regulations, shall apply despite anything in the declaration, a by-law, an agreement or an instrument:

1.  The purchaser under the agreement of purchase and sale shall not acquire an interest or right in property described in subsection (1.2) if the property is intended for or is for the collective use or enjoyment of the owners in the corporation of which the unit or proposed unit forms part.

2.  The declarant shall not charge and the purchaser under the agreement of purchase and sale shall not pay any amount that is or is intended to be a projected or actual contribution to the reserve fund of the corporation, unless otherwise permitted under this Act.

3.  Subject to subsection 23 (6), the purchaser under the agreement of purchase and sale shall not directly or indirectly indemnify, reimburse, or otherwise compensate the declarant or a declarant affiliate for any remedies exercised by or on behalf of a corporation against the declarant or declarant affiliate. 2015, c. 28, Sched. 1, s. 69 (3).

Same

(1.2) The property mentioned in paragraph 1 of subsection (1.1) is any real or personal property, other than real or personal property owned by the corporation, as may be prescribed, or the common elements. 2015, c. 28, Sched. 1, s. 69 (3).

Other agreement

(1.3) Subject to the regulations, a provision of an agreement to which a purchaser is a party is void if it contravenes the covenant described in subsection (1.1). 2015, c. 28, Sched. 1, s. 69 (3).

No merger of covenants

(2) The covenants shall be deemed not to merge by operation of law on delivery to the purchaser of a deed that is in registerable form. 1998, c. 19, s. 78 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 78 (2) of the Act is amended by adding “described in subsection (1) or (1.1)” after “covenants”. (See: 2015, c. 28, Sched. 1, s. 69 (4))

Compliance order

(3) If the declarant breaches a covenant described in subsection (1), the purchaser under the agreement of purchase and sale may make an application for an order under section 134 and an order may be made under that section. 1998, c. 19, s. 78 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 78 (3) of the Act is amended by adding “or (1.1)” after “subsection (1)”. (See: 2015, c. 28, Sched. 1, s. 69 (5))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 69 - not in force

Duty to register declaration and description

79 (1) A declarant who has entered into an agreement of purchase and sale of a proposed unit shall take all reasonable steps to complete the buildings required by the agreement subject to all prescribed requirements and to register, without delay, a declaration and description in respect of the property in which the proposed unit will be included. 1998, c. 19, s. 79 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 79 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 70)

Duty to register declaration and description

(1) If a declarant or a person acting on behalf of or for the benefit of the declarant has entered into an agreement of purchase and sale of a proposed unit, the declarant shall take all reasonable steps to complete the buildings required by the agreement subject to all prescribed requirements and to register, without delay, a declaration and description in respect of the property in which the proposed unit will be included. 2015, c. 28, Sched. 1, s. 70.

No right to terminate

(2) Despite any provision to the contrary in the agreement of purchase and sale, the declarant is not entitled to terminate an agreement of purchase and sale of a proposed unit by reason only of the failure to register the declaration and description within a period of time specified in the agreement, unless the purchaser consents to the termination in writing. 1998, c. 19, s. 79 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 79 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 70)

No right to terminate

(2) Despite any provision to the contrary in the agreement of purchase and sale, the declarant or a person acting on behalf of or for the benefit of the declarant is not entitled to terminate an agreement of purchase and sale of a proposed unit by reason only of the failure to register the declaration and description within a period of time specified in the agreement, unless the purchaser consents to the termination in writing. 2015, c. 28, Sched. 1, s. 70.

Application to court

(3) Despite subsection (2), if a declaration and description have not been registered, the declarant may, upon 15 days written notice to the purchasers of all proposed units in the property affected by the declaration and description, make an application to the Superior Court of Justice for an order terminating the agreements of purchase and sale of the purchasers. 1998, c. 19, s. 79 (3); 2000, c. 26, Sched. B, s. 7 (5).

Subsequent registration

(4) The court may, in the order, provide that a declaration and description shall not be registered in respect of the property in which the proposed units will be included during a period specified in the order. 1998, c. 19, s. 79 (4).

Considerations

(5) On an application for an order, the court shall consider whether,

(a)  the declarant has taken all reasonable steps to register a declaration and description;

(b)  a declaration and description can be registered within a reasonable period of time; and

(c)  the failure and inability to register a declaration and description is caused by circumstances beyond the control of the declarant. 1998, c. 19, s. 79 (5).

Registration of order

(6) The order is ineffective until a certified copy of it is registered. 1998, c. 19, s. 79 (6).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001

2015, c. 28, Sched. 1, s. 70 - not in force

Interim occupancy

80 (1) An agreement of purchase and sale may permit or require interim occupancy of a proposed unit. 1998, c. 19, s. 80 (1).

Definition

(2) In this section,

“interim occupancy” means the occupancy of a proposed unit before the purchaser receives a deed to the unit that is in registerable form. 1998, c. 19, s. 80 (2).

Right to pay in full

(3) Despite any provision to the contrary in the agreement of purchase and sale, before the expiry of the time period mentioned in subsection 73 (2) for rescinding the agreement, a purchaser may elect to pay in full, on assuming interim occupancy of the proposed unit, the balance of the purchase price remaining after deducting the amounts paid under the agreement before assuming interim occupancy. 1998, c. 19, s. 80 (3).

Occupancy fee

(4) If the purchaser assumes interim occupancy of a proposed unit or is required to do so under the agreement of purchase and sale, the declarant may charge the purchaser a monthly occupancy fee which shall not be greater than the total of the following amounts:

1.  Where applicable, interest calculated on a monthly basis on the unpaid balance of the purchase price at the prescribed rate.

2.  An amount reasonably estimated on a monthly basis for municipal taxes attributable to the unit.

3.  The projected monthly common expense contribution for the unit. 1998, c. 19, s. 80 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 80 (4) of the Act is amended by adding “subject to the regulations” at the end. (See: 2015, c. 28, Sched. 1, s. 71 (1))

Reserve fund contribution

(5) If the declarant charges the purchaser a monthly occupancy fee for interim occupancy of a proposed unit for residential purposes for longer than six months and the monthly occupancy fee includes a projected contribution to the reserve fund of the corporation, then, with respect to the occupancy fee for each month after the sixth month, the declarant shall hold in trust and remit to the corporation upon registering the declaration and description the portion of the monthly occupancy fee that represents the projected contribution to the reserve fund. 1998, c. 19, s. 80 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 80 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 71 (2))

Reserve fund contribution

(5) If the declarant charges the purchaser a monthly occupancy fee for interim occupancy of a proposed unit of a prescribed class for longer than six months or such other period that is prescribed and if the monthly occupancy fee includes a projected contribution to the reserve fund of the corporation, then, with respect to the occupancy fee for each month after the sixth month or such other period that is prescribed, the declarant shall hold in trust and remit to the corporation upon registering the declaration and description the portion of the monthly occupancy fee that represents the projected contribution to the reserve fund in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 71 (2).

Rights and duties of declarant

(6) If a purchaser assumes interim occupancy of a proposed unit, the declarant,

(a)  shall provide those services that the corporation will have a duty to provide to owners after the registration of the declaration and description that creates the unit;

(b)  shall repair and maintain the proposed property and the proposed unit in the same manner as the corporation will have a duty to repair after damage and maintain after the registration of the declaration and description that creates the unit;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 80 (6) (b) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 71 (3))

(c)  has the same right of entry that the corporation will have after the registration of the declaration and description that creates the unit;

(d)  may withhold consent to an assignment of the right to occupy the proposed unit;

(e)  may charge a reasonable fee for consenting to an assignment of the right to occupy the proposed unit; and

(f)  shall, within 30 days of the registration of the declaration and description that creates the unit, notify the purchaser in writing of the date and instrument numbers of the registration, unless within that time the purchaser receives a deed to the unit that is in registerable form. 1998, c. 19, s. 80 (6).

Application of Residential Tenancies Act, 2006

(7) The rights and duties described in subsection (6) apply despite any provision to the contrary in the Residential Tenancies Act, 2006. 1998, c. 19, s. 80 (11); 2006, c. 17, s. 248 (3).

Refund of municipal taxes

(8) The declarant shall, on delivering to the purchaser a deed that is in registerable form or as soon as is practicable after delivery, refund to the purchaser the portion of the monthly occupancy fee that the purchaser has paid on account of municipal taxes attributable to the proposed unit in excess of the amount actually assessed against the unit. 1998, c. 19, s. 80 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 80 (8) of the Act is amended by striking out “as soon as is practicable” and substituting “as soon as is reasonably possible”. (See: 2015, c. 28, Sched. 1, s. 71 (4))

Municipal taxes payable

(9) If the portion of the monthly occupancy fee that the purchaser has paid on account of municipal taxes attributable to the proposed unit is insufficient to pay the amount actually assessed against the unit, the declarant may require the purchaser to pay the difference between the two amounts. 1998, c. 19, s. 80 (9).

Non-application

(10) Sections 149, 150, 151, 165, 166 and 167 and Part VII of the Residential Tenancies Act, 2006 do not apply to interim occupancy and monthly occupancy fees charged under this section. 2000, c. 26, Sched. B, s. 7 (6); 2006, c. 17, s. 248 (4).

(11) Spent:  1998, c. 19, s. 80 (11).

(12) Spent:  1998, c. 19, s. 80 (12).

Section Amendments with date in force (d/m/y)

1998, c. 19, s. 80 (11), (12) - 17/06/1998

2000, c. 26, Sched. B, s. 7 (6) - 5/05/2001

2006, c. 17, s. 248 (3) - 31/01/2007

2015, c. 28, Sched. 1, s. 71 - not in force

Money held in trust

81 (1) A declarant shall ensure that a trustee of a prescribed class or the declarant’s solicitor receives and holds in trust all money, together with interest earned on it, as soon as a person makes a payment,

(a)  with respect to reserving a right to enter into an agreement of purchase and sale for the purchase of a proposed unit;

(b)  on account of an agreement of purchase and sale of a proposed unit; or

(c)  on account of a sale of a proposed unit. 1998, c. 19, s. 81 (1).

Exception

(2) Subsection (1) does not apply to money received,

(a)  on account of the purchase of personal property included in the proposed unit that is not to be permanently affixed to the land; or

(b)  as an occupancy fee under subsection 80 (4). 1998, c. 19, s. 81 (2).

Reservation money

(3) If a person has paid money to reserve a right to enter into an agreement of purchase and sale for the purchase of a proposed unit and subsequently enters into such an agreement with the declarant, the declarant shall, on entering into the agreement, credit the money received to the purchase price under the agreement, despite any provision of the agreement. 1998, c. 19, s. 81 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 81 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 72)

Reservation money

(3) If a person has paid money to reserve a right to enter into an agreement of purchase and sale for the purchase of a proposed unit and subsequently enters into such an agreement with the declarant or a person acting on behalf of or for the benefit of the declarant, the declarant shall, in accordance with the regulations and within the prescribed period of time on entering into the agreement, credit the money received to the purchase price under the agreement, despite any provision of the agreement. 2015, c. 28, Sched. 1, s. 72.

Trustee

(4) Upon receiving money that is required to be held in trust under subsection (1), a trustee of a prescribed class shall hold the money in trust in a separate account in Ontario designated as a trust account at a bank listed in Schedule I or II to the Bank Act (Canada), a trust corporation, a loan corporation or a credit union. 1998, c. 19, s. 81 (4); 2002, c. 8, Sched. I, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 81 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 72)

Trustee

(4) Upon receiving money that is required to be held in trust under subsection (1), a trustee of a prescribed class shall hold the money in trust in a separate account in Ontario designated as a trust account at,

(a)  a bank within the meaning of section 2 of the Bank Act (Canada);

(b)  a corporation registered under the Loan and Trust Corporations Act; or

(c)  a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994. 2015, c. 28, Sched. 1, s. 72.

Note: On the later of the day section 291 of Schedule 7 (Credit Unions and Caisses Populaires Act, 2020) to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day section 72 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, clause 81 (4) (c) of the Act is amended by striking out “Credit Unions and Caisses Populaires Act, 1994” at the end and substituting “Credit Unions and Caisses Populaires Act, 2020”. (See: 2020, c. 36, Sched. 7, s. 301 (1))

Declarant’s solicitor

(5) Upon receiving money that is required to be held in trust under subsection (1), the declarant’s solicitor shall hold the money in trust in a trust account in Ontario. 1998, c. 19, s. 81 (5).

Evidence of compliance

(6) Within 10 days of the payment of the money under subsection (1), the declarant shall provide to the person who paid the money written evidence, in the form prescribed by the Minister, of compliance with subsection (1) and one of subsections (4) and (5). 1998, c. 19, s. 81 (6).

Duration of trust

(7) Despite the registration of a declaration and description, the person who holds money in trust under subsection (1) shall hold it in trust until,

(a)  the person holding the money in trust disposes of it to the person entitled to it, where the disposal is done in accordance with this Act and an agreement that the person who paid the money has entered into with respect to the proposed unit; or

(b)  the declarant ensures that security of a prescribed class is provided for the money, except if the money has been received under clause (1) (a) and has not been credited to the purchase price under the agreement. 1998, c. 19, s. 81 (7).

Section Amendments with date in force (d/m/y)

2002, c. 8, Sched. I, s. 7 (1) - 5/01/2005

2015, c. 28, Sched. 1, s. 72 - not in force

2020, c. 36, Sched. 7, s. 301 (1) - not in force

Interest

82 (1) The declarant shall pay interest at the prescribed rate to the purchaser on all money that a person pays on account of the purchase price of a proposed unit or that the declarant credits to the purchase price of a proposed unit. 1998, c. 19, s. 82 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 82 (1) of the Act is amended by striking out “that the declarant” and substituting “that the declarant or a person acting on behalf of or for the benefit of the declarant”. (See: 2015, c. 28, Sched. 1, s. 73 (1))

Money released from trust

(2) The interest is payable on the money even if, under clause 81 (7) (b), the declarant provides security of a prescribed class for the money. 1998, c. 19, s. 82 (2).

Calculation

(3) The interest shall be calculated from the day the person pays the money received until the day the proposed unit is available for possession or occupancy in accordance with the purchaser’s agreement of purchase and sale with the declarant. 1998, c. 19, s. 82 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 82 (3) of the Act is amended by adding “or a person acting on behalf of or for the benefit of the declarant” at the end. (See: 2015, c. 28, Sched. 1, s. 73 (2))

Time of payment

(4) The interest shall be paid to the purchaser by way of payment or set-off,

(a)  on the day the declarant delivers to the purchaser a deed to the proposed unit that is in registerable form, if the declarant so elects; or

(b)  on the day the proposed unit is available for possession or occupancy in accordance with the purchaser’s agreement of purchase and sale with the declarant, otherwise. 1998, c. 19, s. 82 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 82 (4) (b) of the Act is amended by striking out “otherwise” and substituting “or a person acting on behalf of or for the benefit of the declarant, otherwise”. (See: 2015, c. 28, Sched. 1, s. 73 (3))

Compound interest

(5) A declarant who elects to pay the interest to the purchaser on the day of delivering to the purchaser a deed to the proposed unit that is in registerable form shall, on that day, pay interest to the purchaser at the prescribed rate on the interest that the declarant is required to pay under subsection (1). 1998, c. 19, s. 82 (5).

Calculation

(6) The declarant shall pay the interest payable under subsection (5) from the day the proposed unit is available for possession or occupancy in accordance with the purchaser’s agreement of purchase and sale with the declarant until the day of payment. 1998, c. 19, s. 82 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 82 (6) of the Act is amended by striking out “with the declarant” and substituting “with the declarant or a person acting on behalf of or for the benefit of the declarant”. (See: 2015, c. 28, Sched. 1, s. 73 (4))

Terminated agreements

(7) If an agreement of purchase and sale provides that a purchaser is entitled to a return of money paid under the agreement upon termination of the agreement and the agreement is terminated, the declarant shall pay interest at the prescribed rate to the purchaser on the money returned. 1998, c. 19, s. 82 (7).

Excess interest

(8) The declarant is entitled to the excess of all interest earned on money held in trust over the interest it is required to pay under this section. 1998, c. 19, s. 82 (8).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 73 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 28, Sched. 1, s. 74)

Corporation’s sale of the property

82.1 (1) A corporation may sell the property if,

(a)  the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of the sale;

(b)  at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property that were created after the registration of the declaration and description that made this Act applicable to the units being sold, consent in writing to the sale; and

(c)  all other conditions, if any, that are prescribed have been satisfied. 2015, c. 28, Sched. 1, s. 74.

Conveyance

(2) When a sale takes place, the board shall deliver to the purchaser the following documents signed by the authorized officers of the corporation: a deed and a certificate in the form prescribed by the Minister,

(a)  stating that the persons who, under subsection (1), are required to vote in favour of the sale or consent in writing to the sale have done so; and

(b)  containing all other statements and material, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 74.

Net proceeds

(3) Subject to subsection (4), the owners at the time of the registration of the deed, as determined by the regulations, shall share the net proceeds of the sale in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 74.

Same

(4) The portion of the net proceeds of the sale that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, where the owners are those at the time of the registration of the deed, as determined by the regulations, and not all the owners at that time, shall be divided among the owners of the designated units in the proportions in which their interests are affected, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 74.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 74 - not in force

Right of dissenters

82.2 (1) A corporation that has made a sale under section 82.1 and every owner in the corporation shall be deemed to have made an agreement in accordance with the prescribed requirements, if any, that an owner who has dissented on the vote authorizing the sale may, within 30 days of the vote, submit to mediation a dispute over the fair market value of the units that have been sold, determined as of the time of the sale. 2015, c. 28, Sched. 1, s. 74.

Application of s. 132

(2) If an owner submits a dispute to mediation in accordance with the agreement mentioned in subsection (1), section 132 applies to the dispute with necessary modifications as if it were a disagreement under that section. 2015, c. 28, Sched. 1, s. 74.

Notice

(3) An owner who submits a dispute to mediation in accordance with the agreement mentioned in subsection (1) shall give the corporation notice of intention in accordance with the prescribed requirements, if any, within 10 days after the vote authorizing the sale. 2015, c. 28, Sched. 1, s. 74.

Entitlement to amount

(4) An owner who serves a notice of intention in accordance with subsection (3) is entitled to receive from the net proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by the arbitration. 2015, c. 28, Sched. 1, s. 74.

Deficiency

(5) The corporation shall pay to each of the owners who served a notice of intention in accordance with subsection (3), the deficiency in the amount to which the owner is entitled if the net proceeds of the sale are inadequate to pay the amount, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 74.

Liability

(6) The owners, other than those who dissented on the vote authorizing the sale, are liable for the amount of the deficiency payments determined by the proportions of their common interests. 2015, c. 28, Sched. 1, s. 74.

Common expenses of other owners

(7) The corporation shall add the amount of the liability of each of the owners who voted in favour of the sale to the contribution to the common expenses payable for the unit of that owner. 2015, c. 28, Sched. 1, s. 74.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 74 - not in force

Lease of Units

Notification by owner

83 (1) The owner of a unit who leases the unit or renews a lease of the unit shall, within 10 days of entering into the lease or the renewal, as the case may be,

(a)  notify the corporation that the unit is leased;

(b)  provide the corporation with the lessee’s name, the owner’s address and a copy of the lease or renewal or a summary of it in the form prescribed by the Minister; and

(c)  provide the lessee with a copy of the declaration, by-laws and rules of the corporation. 1998, c. 19, s. 83 (1); 2015, c. 28, Sched. 1, s. 75 (1).

Termination of lease

(2) If a lease of a unit is terminated and not renewed, the owner of the unit shall notify the corporation in writing within 10 days of the termination. 1998, c. 19, s. 83 (2); 2015, c. 28, Sched. 1, s. 75 (2).

Record of notices

(3) A corporation shall maintain a record of the notices that it receives under this section. 1998, c. 19, s. 83 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 75 (1, 2) - 01/11/2017

PART VI
OPERATION

Note: On a day to be named by proclamation of the Lieutenant Governor, Part VI of the Act is amended by adding the following section immediately before the heading “Common Expenses”: (See: 2015, c. 28, Sched. 1, s. 76)

Annual Budget

Annual budget

83.1 (1) A corporation shall have a budget for each of its fiscal years that is prepared in accordance with this section. 2015, c. 28, Sched. 1, s. 76.

Fiscal year

(2) The fiscal year of a corporation shall end on,

(a)  in the case of the first fiscal year after the registration of the declaration and description, the last day of the month in which the first anniversary of that registration takes place or such other day as is prescribed; and

(b)  in the case of a fiscal year after the first fiscal year after the registration of the declaration and description,

(i)  the day specified by a by-law of the corporation passed after a new board is elected at a turn-over meeting held under section 43,

(ii)  the day specified by a resolution of the board, if there is no by-law as described in subclause (i), or

(iii)  the next following anniversary of the end of the first fiscal year, if there is no by-law or resolution as described in subclauses (i) and (ii). 2015, c. 28, Sched. 1, s. 76.

Budget for first fiscal year

(3) Within the prescribed periods of time, the declarant shall ensure that the budget of the corporation for its first fiscal year is prepared in accordance with the regulations and shall deliver it to,

(a)  the first board mentioned in subsection 42 (1); or

(b)  the corporation, if the first board has not been appointed in accordance with subsection 42 (1). 2015, c. 28, Sched. 1, s. 76.

Budget for subsequent years

(4) At least 30 days before the start of each fiscal year of the corporation after its first fiscal year, the board shall prepare a budget for the ensuing fiscal year that covers the corporation’s general and reserve fund accounts and that is prepared in accordance with the regulations. 2015, c. 28, Sched. 1, s. 76.

Notice to owners

(5) Within 15 days of preparing a budget described in subsection (4), the board shall provide a notice to the owners that is in the prescribed form, if any, containing a copy of the budget. 2015, c. 28, Sched. 1, s. 76.

Implementation

(6) The board shall not implement a budget of the corporation until it has provided the notice mentioned in subsection (5). 2015, c. 28, Sched. 1, s. 76.

Amendment

(7) Subject to subsection (9), the board may amend a budget of the corporation for any fiscal year at any time before the end of the fiscal year. 2015, c. 28, Sched. 1, s. 76.

Notice to owners

(8) Within 15 days of amending a budget of the corporation, the board shall provide a notice to the owners that is in the prescribed form, if any, containing a copy of the budget. 2015, c. 28, Sched. 1, s. 76.

Implementation

(9) The board shall not implement an amendment to a budget of the corporation until it has complied with subsection (8). 2015, c. 28, Sched. 1, s. 76.

Notice of non-budgeted amounts

(10) If the board proposes that the corporation incur a prescribed expense in a fiscal year that exceeds, in the manner determined by the regulations, the budgeted amount for the expense in the applicable budget or amendment to a budget for that fiscal year, the board shall provide the prescribed notice of the expense to the owners within the prescribed time and in accordance with the prescribed requirements. 2015, c. 28, Sched. 1, s. 76.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 76 - not in force

Common Expenses

Contribution of owners

84 (1) Subject to the other provisions of this Act, the owners shall contribute to the common expenses in the proportions specified in the declaration. 1998, c. 19, s. 84 (1).

Common surplus

(2) A common surplus in a corporation shall be applied either against future common expenses or paid into the reserve fund, and except on termination, shall not be distributed to the owners or mortgagees of the units. 1998, c. 19, s. 84 (2).

No avoidance

(3) An owner is not exempt from the obligation to contribute to the common expenses even if,

(a)  the owner has waived or abandoned the right to use the common elements or part of them;

(b)  the owner is making a claim against the corporation; or

(c)  the declaration, by-laws or rules restrict the owner from using the common elements or part of them. 1998, c. 19, s. 84 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 84 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 77)

No avoidance

(3) Subject to subsection (6), an owner is not exempt from the obligation to contribute to the common expenses payable for the owner’s unit even if,

(a)  the owner has waived or abandoned the right to use,

(i)  the common elements or the assets, if any, of the corporation, or part of them, or

(ii)  any land, any part of a property or proposed property, any assets of a corporation or any facilities or services that are subject to an agreement mentioned in subsection 21.1 (1) or 113 (1);

(b)  the owner is making a claim against the corporation; or

(c)  the declaration, by-laws or rules restrict the owner from using, as the case may be,

(i)  the common elements or the assets, if any, of the corporation, or part of them, or

(ii)  any land, any part of a property or proposed property, any assets of a corporation or any facilities or services that are subject to an agreement mentioned in subsection 21.1 (1) or 113 (1). 2015, c. 28, Sched. 1, s. 77.

Addition to contribution

(4) If the corporation makes a prescribed addition to the amount of the contribution to the common expenses payable for an owner’s unit, the corporation shall provide the prescribed notice to the owner within 15 days of making the addition. 2015, c. 28, Sched. 1, s. 77.

Reaction of owner

(5) Within 30 days of receiving the notice or within such other time period that is determined by the regulations, the owner shall,

(a)  pay the amount of the addition to the corporation in the prescribed manner;

(b)  if the owner transfers the unit within the 30 days or the other time period, as applicable,

(i)  ensure that the amount of the addition is held in escrow, in accordance with the regulations, when the transaction for the transfer closes until it is to be paid to the person entitled to it, as determined in accordance with the regulations, and

(ii)  give notice to the corporation, in accordance with the regulations and as soon as reasonably possible after the transfer, that the amount of the addition is being so held in escrow;

(c)  apply, in accordance with Part I.2, to the Condominium Authority Tribunal established under that Part for resolution of the requirement to pay the addition as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part; or

(d)  apply to the Superior Court of Justice for resolution of the requirement to pay the addition, if the Condominium Authority Tribunal has not been established under Part I.2 or the application described in clause (c) may not be made under that Part. 2015, c. 28, Sched. 1, s. 77.

Exemption during dispute resolution

(6) Subject to subsection (10), an owner who complies with clause (5) (c) or (d) is exempt from the obligation to contribute to the common expenses with respect to the amount of the addition, unless a settlement agreement or a final order of the Condominium Authority Tribunal or of a court provides otherwise, as is determined by the regulations, if any. 2015, c. 28, Sched. 1, s. 77.

Addition owing

(7) If an owner who, under subsection (6), is exempt from the obligation to contribute to the common expenses with respect to the amount of the addition ceases to be exempt from the obligation with respect to any part or all of the addition, the corporation shall send the owner a notice specifying a time by which the owner is required to pay, in accordance with the regulations, if any, the amount that ceases to be exempt from the obligation. 2015, c. 28, Sched. 1, s. 77.

Notice of additions to contribution

(8) Subject to any other provision of this Act or the regulations dealing with a notice of a contribution to the common expenses, if, pursuant to this Act or the regulations, an amount is added to the contribution to the common expenses payable for an owner’s unit, the corporation shall send the owner a notice specifying a time by which the owner is required to pay the amount in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 77.

Part of common expenses

(9) An owner who does not comply with clause (5) (a), (c) or (d) shall be deemed to be in default in the obligation to contribute to the common expenses payable for the owner’s unit with respect to the amount of the addition. 2015, c. 28, Sched. 1, s. 77.

Same

(10) An owner who does not comply with clause (5) (b) shall be deemed to have been in default, as of the date specified in subsection (11), in the obligation to contribute to the common expenses payable for the owner’s unit with respect to the amount of the addition. 2015, c. 28, Sched. 1, s. 77.

Date of default

(11) The date of the default mentioned in subsection (10) shall be a date that is before the closing of the transaction for the transfer mentioned in clause (5) (b) and that is determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 77.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 77 - not in force

Lien upon default

85 (1) If an owner defaults in the obligation to contribute to the common expenses payable for the owner’s unit, the corporation has a lien against the owner’s unit and its appurtenant common interest for the unpaid amount together with all interest owing and all reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the unpaid amount. 1998, c. 19, s. 85 (1); 2015, c. 28, Sched. 1, s. 78 (1).

Expiration of lien

(2) The lien expires three months after the default that gave rise to the lien occurred unless the corporation within that time registers a certificate of lien in a form prescribed by the Minister. 1998, c. 19, s. 85 (2).

Certificate of lien

(3) A certificate of lien when registered covers,

(a)  the amount owing under all of the corporation’s liens against the owner’s unit that have not expired at the time of registration of the certificate;

(b)  the amount by which the owner defaults in the obligation to contribute to the common expenses payable for the owner’s unit after the registration of the certificate; and

(c)  all interest owing and all reasonable legal costs and reasonable expenses that the corporation incurs in connection with the collection or attempted collection of the amounts described in clauses (a) and (b), including the costs of preparing and registering the certificate of lien and a discharge of it. 1998, c. 19, s. 85 (3); 2015, c. 28, Sched. 1, s. 78 (1).

Notice to owner

(4) At least 10 days before the day a certificate of lien is registered, the corporation shall give written notice of the lien to the owner whose unit is affected by the lien. 1998, c. 19, s. 85 (4).

(5) Repealed: 2015, c. 28, Sched. 1, s. 78 (2).

Lien enforcement

(6) The lien may be enforced in the same manner as a mortgage. 1998, c. 19, s. 85 (6).

Discharge of lien

(7) Upon payment of the amounts described in subsection (3), the corporation shall prepare and register a discharge of the certificate of lien in the form prescribed by the Minister and shall advise the owner in writing of the particulars of the registration. 1998, c. 19, s. 85 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 78 (1, 2) - 01/11/2017

Priority of lien

86 (1) Subject to subsection (2), a lien mentioned in subsection 85 (1) has priority over every registered and unregistered encumbrance even though the encumbrance existed before the lien arose but does not have priority over,

(a)  a claim of the Crown other than by way of a mortgage;

(b)  a claim for taxes, charges, rates or assessments levied or recoverable under the Municipal Act, 2001, the City of Toronto Act, 2006, the Education Act or the Local Roads Boards Act; or

(c)  a lien or claim that is prescribed. 1998, c. 19, s. 86 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 7; 2019, c. 14, Sched. 14, s. 8 and 2021, c. 25, Sched. 26, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 86 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 79 (1))

Competing liens

(1.1) If two or more corporations have a lien mentioned in subsection 85 (1) or 139 (5) against the same real property that is prescribed, priority between the liens shall be determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 79 (1).

Exception, non-residential lien

(2) A lien in respect of a unit for non-residential purposes does not have priority under this section in respect of the amount by which the owner of the unit has defaulted in the obligation to contribute to the common expenses payable for the owner’s unit before the coming into force of this section. 1998, c. 19, s. 86 (2); 2015, c. 28, Sched. 1, s. 79 (2).

Notice of lien

(3) The corporation shall, on or before the day a certificate of lien is registered, give written notice of the lien to every encumbrancer whose encumbrance is registered against the title of the unit affected by the lien. 1998, c. 19, s. 86 (3).

Service of notice

(4) The corporation shall give the notice by personal service or by sending it by registered prepaid mail addressed to the encumbrancer at the encumbrancer’s last known address. 1998, c. 19, s. 86 (4).

Effect of no notice

(5) Subject to subsection (6), the lien loses its priority over an encumbrance unless the corporation gives the required notice to the encumbrancer. 1998, c. 19, s. 86 (5).

Priority if notice late

(6) If a corporation gives notice of a lien to an encumbrancer after the day the certificate of lien is registered, the lien shall have priority over the encumbrance to the extent of,

(a)  the arrears of contributions to the common expenses payable for the owner’s unit that accrued during the three months before the day notice is given and that continue to accrue subsequent to that day; and

(b)  all interest owing on the arrears and all reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the arrears. 1998, c. 19, s. 86 (6); 2015, c. 28, Sched. 1, s. 79 (3).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

2006, c. 32, Sched. C, s. 7 - 01/01/2007

2015, c. 28, Sched. 1, s. 79 (1) - not in force; 2015, c. 28, Sched. 1, s. 79 (2, 3) - 01/11/2017

2019, c. 14, Sched. 14, s. 8 - 01/01/2022

Default with respect to leased unit

87 (1) If an owner who has leased a unit defaults in the obligation to contribute to the common expenses payable for the owner’s unit, the corporation may, by written notice to the lessee, require the lessee to pay to the corporation the lesser of the amount of the default and the amount of the rent due under the lease. 1998, c. 19, s. 87 (1); 2015, c. 28, Sched. 1, s. 80 (1).

Service on lessee

(2) The corporation shall give the notice to the lessee by personal service or by sending it by prepaid mail addressed to the lessee at the address of the unit. 1998, c. 19, s. 87 (2).

Notice to owner

(3) If the corporation gives a notice to a lessee, it shall give a copy of the notice to the owner of the unit that the lessee has leased. 1998, c. 19, s. 87 (3).

(4) Repealed: 2015, c. 28, Sched. 1, s. 80 (2).

Rent paid to corporation

(5) Upon receiving a notice under subsection (1), the lessee shall make the required payment to the corporation even if an encumbrancer of the unit has acquired the right of the lessor to receive rent under the lease. 1998, c. 19, s. 87 (5).

No default in lease

(6) The payment to the corporation shall constitute payment towards rent under the lease and the lessee shall not by reason only of the payment to the corporation be considered to be in default of an obligation in the lease. 1998, c. 19, s. 87 (6).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 80 (1, 2) - 01/11/2017

Mortgagee’s rights

88 (1) Every mortgage of a unit shall be deemed to contain a provision that,

(a)  the mortgagee has the right to collect the contribution to the common expenses payable for the unit and shall promptly pay the amount so collected to the corporation on behalf of the owner of the unit;

(b)  the owner’s default in the obligation to contribute to the common expenses payable for the owner’s unit constitutes default under the mortgage;

(c)  the mortgagee has the right to pay,

(i)  the amounts of the contribution to the common expenses payable for the owner’s unit that from time to time fall due and are unpaid in respect of the mortgaged premises,

(ii)  all interest owing and all reasonable legal costs and reasonable expenses that the corporation incurs in connection with the collection or attempted collection of the amounts described in subclause (i), including, where applicable, the costs of preparing and registering a certificate of lien and a discharge of it;

(d)  payments made by the mortgagee under clause (c), together with interest and all reasonable costs, charges and expenses incurred in respect of the payments, are to be added to the debt secured by the mortgage and to be payable, with interest at the rate payable on the mortgage; and

(e)  if after demand the owner fails to fully reimburse the mortgagee, the mortgage immediately becomes due and payable at the option of the mortgagee. 1998, c. 19, s. 88 (1); 2015, c. 28, Sched. 1, s. 81 (1-3).

Statement of common expenses

(2) A corporation shall, on request and free of charge, provide to the mortgagee of a unit a written statement setting out the contribution to the common expenses payable for the owner’s unit and, if there is a default in the payment of them, the amounts described in subsection 85 (3) in respect of the unit. 1998, c. 19, s. 88 (2); 2015, c. 28, Sched. 1, s. 81 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 81 (1-4) - 01/11/2017

Repair and Maintenance

Repair after damage

89 (1) Subject to sections 91 and 123, the corporation shall repair the units and common elements after damage. 1998, c. 19, s. 89 (1).

Extent of obligation

(2) The obligation to repair after damage includes the obligation to repair and replace after damage or failure but, subject to subsection (5), does not include the obligation to repair after damage improvements made to a unit. 1998, c. 19, s. 89 (2).

Determination of improvements

(3) For the purpose of this section, the question of what constitutes an improvement to a unit shall be determined by reference to a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 89 (3).

Standard unit

(4) A standard unit for the class of unit to which the unit belongs shall be,

(a)  the standard unit described in a by-law made under clause 56 (1) (h), if the board has made a by-law under that clause;

(b)  the standard unit described in the schedule mentioned in clause 43 (5) (h), if the board has not made a by-law under clause 56 (1) (h). 1998, c. 19, s. 89 (4).

Transition, existing corporations

(5) A corporation that was created before the day this section comes into force and that had the obligation of repairing after damage improvements made to a unit before the registration of the declaration and description shall continue to have the obligation unless it has, by by-law, established what constitutes a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 89 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 89 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82)

Repair

89 (1) Subject to sections 91 and 123, the corporation shall repair the common elements and the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 82.

Same, units

(2) Subject to sections 91 and 123, each owner shall repair the owner’s unit. 2015, c. 28, Sched. 1, s. 82.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 82 - not in force

Maintenance

90 (1) Subject to section 91, the corporation shall maintain the common elements and each owner shall maintain the owner’s unit. 1998, c. 19, s. 90 (1).

Normal repairs included

(2) The obligation to maintain includes the obligation to repair after normal wear and tear but does not include the obligation to repair after damage. 1998, c. 19, s. 90 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 90 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82)

Maintenance

90 (1) Subject to section 91, the corporation shall maintain the common elements and the assets, if any, of the corporation and each owner shall maintain the owner’s unit. 2015, c. 28, Sched. 1, s. 82.

Same, not repair

(2) The obligation to maintain does not include the obligation to repair. 2015, c. 28, Sched. 1, s. 82.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 82 - not in force

Provisions of declaration

91 The declaration may alter the obligation to maintain or to repair after damage as set out in this Act by providing that,

(a)  subject to section 123, each owner shall repair the owner’s unit after damage;

(b)  the owners shall maintain the common elements or any part of them;

(c)  each owner shall maintain and repair after damage those parts of the common elements of which the owner has the exclusive use; and

(d)  the corporation shall maintain the units or any part of them. 1998, c. 19, s. 91.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 91 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82)

Alterations by declaration

91 The declaration may alter the obligation to repair or to maintain as set out in this Act by providing that, subject to the regulations,

(a)  subject to section 123, the corporation shall repair the units or any part of them;

(b)  subject to section 123, the owners shall repair the common elements or any part of them;

(c)  the corporation shall maintain the units or any part of them;

(d)  the owners shall maintain the common elements or any part of them;

(e)  the corporation shall carry out an obligation to repair or to maintain on behalf of or for the benefit of an owner and may add the cost of the work to the contribution to the common expenses payable for the owner’s unit;

(f)  the corporation shall be responsible for the costs to remove or restore parts of a unit or other real property or personal property of an owner in order to carry out an obligation of the corporation to repair or to maintain; and

(g)  the corporation or the owners shall have the other obligations or responsibilities to repair or to maintain that are prescribed. 2015, c. 28, Sched. 1, s. 82.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 82 - not in force

Work done for owner

92 (1) If the declaration provides that the owner has an obligation to repair after damage and the owner fails to carry out the obligation within a reasonable time after damage occurs, the corporation shall do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1))

Work done for owner

(1) If an owner has an obligation under this Act to repair and fails to carry out the obligation within a reasonable time, the corporation shall do the work necessary to carry out the obligation unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 83 (1).

Same, maintenance

(2) If the declaration provides that the owner has an obligation to maintain the common elements or any part of them and the owner fails to carry out the obligation within a reasonable time, the corporation may do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1))

Same, maintenance

(2) If an owner has an obligation under this Act to maintain the common elements or any part of them and the owner fails to carry out the obligation within a reasonable time, the corporation may do the work necessary to carry out the obligation. 2015, c. 28, Sched. 1, s. 83 (1).

Same, maintenance of units

(3) If an owner has an obligation under this Act to maintain the owner’s unit and fails to carry out the obligation within a reasonable time and if the failure presents a potential risk of damage to the property or the assets of the corporation or a potential risk of personal injury to persons on the property, the corporation may do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1))

Same, maintenance of units

(3) If an owner has an obligation under this Act to maintain the owner’s unit and fails to carry out the obligation within a reasonable time and if the circumstances set out in the regulations exist, the corporation may do the work necessary to carry out the obligation. 2015, c. 28, Sched. 1, s. 83 (1).

Cost

(4) An owner shall be deemed to have consented to the work done by a corporation under this section and the cost of the work shall be added to the contribution to the common expenses payable for the owner’s unit. 1998, c. 19, s. 92 (4); 2015, c. 28, Sched. 1, s. 83 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 83 (1) - not in force; 2015, c. 28, Sched. 1, s. 83 (2) - 01/11/2017

Reserve fund

93 (1) The corporation shall establish and maintain one or more reserve funds. 1998, c. 19, s. 93 (1).

Purpose of fund

(2) A reserve fund shall be used solely for the purpose of major repair and replacement of the common elements and assets of the corporation. 1998, c. 19, s. 93 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 93 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 84 (1))

Purpose of fund

(2) A reserve fund shall be used solely for,

(a)  the purpose of major repair of a unit, the common elements or assets, if any, of the corporation, if the corporation has the obligation to repair in that regard under this Act;

(b)  subject to the regulations, the purpose of complying, in accordance with the regulations, with the requirements imposed by any general or special Act or regulations or by-laws made under that Act; or

(c)  such other purposes, if any, that are prescribed, subject to the requirements, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 84 (1).

Definition

(2.1) In subsection (2),

“major repair” means repair as determined in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 84 (1).

Designation not required

(3) A fund set up for the purpose mentioned in subsection (2) shall be deemed to be a reserve fund even though it may not be so designated. 1998, c. 19, s. 93 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 93 (3) of the Act is amended by striking out “the purpose” and substituting “any of the purposes”. (See: 2015, c. 28, Sched. 1, s. 84 (2))

Contributions to fund

(4) The corporation shall collect contributions to the reserve fund from the owners, as part of their contributions to the common expenses. 1998, c. 19, s. 93 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 93 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 84 (3))

Contributions to fund

(4) The corporation shall collect contributions to the reserve fund from the owners, as part of the contributions to the common expenses payable for their units, to ensure that the amount of money in the fund and the amount of contributions to the common expenses that the corporation collects are adequate, as determined by the regulations, for the purposes of the fund mentioned in subsection (2). 2015, c. 28, Sched. 1, s. 84 (3).

Amount of contributions

(5) Unless the regulations made under this Act specify otherwise, until the corporation conducts a first reserve fund study and implements a proposed plan under section 94, the total amount of the contributions to the reserve fund shall be the greater of the amount specified in subsection (6) and 10 per cent of the budgeted amount required for contributions to the common expenses exclusive of the reserve fund. 1998, c. 19, s. 93 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 93 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 84 (3))

Outside opinion

(5) If the amount of money in a reserve fund is below the prescribed amount, the corporation shall, within the prescribed period of time, if any, obtain a written opinion, in accordance with the regulations, if any, from a reserve fund study provider with respect to the reserve fund and whether the provider recommends that the corporation obtain a reserve fund study before the time at which it is next required to obtain such a study. 2015, c. 28, Sched. 1, s. 84 (3).

Same, after first reserve fund study

(6) The total amount of the contributions to the reserve fund after the time period specified in subsection (5) shall be the amount that is reasonably expected to provide sufficient funds for the major repair and replacement of the common elements and assets of the corporation, calculated on the basis of the expected repair and replacement costs and the life expectancy of the common elements and assets of the corporation. 1998, c. 19, s. 93 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 93 (6) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 84 (3))

Income earned

(7) Interest and other income earned from the investment of money in the reserve fund shall form part of the fund. 1998, c. 19, s. 93 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 84 - not in force

Reserve fund study

94 (1) The corporation shall conduct periodic studies to determine whether the amount of money in the reserve fund and the amount of contributions collected by the corporation are adequate to provide for the expected costs of major repair and replacement of the common elements and assets of the corporation. 1998, c. 19, s. 94 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 85 (1))

Reserve fund study

(1) The corporation shall obtain periodic studies, when required to do so, to determine whether the amount of money in the fund and the amount of contributions to the common expenses that the corporation collects are adequate, as determined by the regulations, for the purposes of the fund mentioned in subsection 93 (2). 2015, c. 28, Sched. 1, s. 85 (1).

Permissive studies

(1.1) In addition to obtaining a reserve fund study when it is required to do so, the corporation may obtain a reserve fund study at other times to make the determination described in subsection (1). 2015, c. 28, Sched. 1, s. 85 (1).

Contents of study

(2) A reserve fund study shall be of the prescribed class, shall include the material that is prescribed for its class and shall be performed in accordance with the standards that are prescribed for its class. 1998, c. 19, s. 94 (2).

Updates

(3) For the purposes of this Act, an update to a reserve fund study shall constitute a class of reserve fund study. 1998, c. 19, s. 94 (3).

Time of study

(4) A corporation created on or after the day this section comes into force shall conduct a reserve fund study within the year following the registration of the declaration and description and subsequently at the prescribed times. 1998, c. 19, s. 94 (4); 2001, c. 9, Sched. D, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (4) of the Act is amended by striking out “conduct” and substituting “obtain”. (See: 2015, c. 28, Sched. 1, s. 85 (2))

Same, existing corporations

(5) A corporation created before the day this section comes into force shall conduct a reserve fund study at the prescribed times. 1998, c. 19, s. 94 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (5) of the Act is amended by striking out “conduct” and substituting “obtain”. (See: 2015, c. 28, Sched. 1, s. 85 (2))

Person conducting study

(6) A reserve fund study shall be conducted by a person of a prescribed class who shall have no affiliation with the board or with the corporation that is contrary to the regulations made under this Act. 1998, c. 19, s. 94 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (6) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 85 (3))

Person conducting study

(6) A reserve fund study shall be conducted by a reserve fund study provider. 2015, c. 28, Sched. 1, s. 85 (3).

Cost of study

(7) The cost of conducting the study shall be a common expense which the board may charge to the reserve fund. 1998, c. 19, s. 94 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (7) of the Act is amended by striking out “conducting” and substituting “obtaining”. (See: 2015, c. 28, Sched. 1, s. 85 (4))

Plan for future funding

(8) Within 120 days of receiving a reserve fund study, the board shall review it and propose a plan for the future funding of the reserve fund that the board determines will ensure that, within a prescribed period of time and in accordance with the prescribed requirements, the fund will be adequate for the purpose for which it was established. 1998, c. 19, s. 94 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (8) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 85 (5))

Plan for funding

(8) Within 120 days of receiving a reserve fund study, the board shall review it and propose a plan, in accordance with the regulations, if any, for the future funding of the reserve fund that the board determines will ensure that the amount of money in the fund will be adequate, as determined by the regulations, for the purposes of the fund mentioned in subsection 93 (2). 2015, c. 28, Sched. 1, s. 85 (5).

Copy of plan

(9) Within 15 days of proposing a plan, the board shall,

(a)  send to the owners a notice containing a summary of the study, a summary of the proposed plan and a statement indicating the areas, if any, in which the proposed plan differs from the study; and

(b)  send to the auditor a copy of the study, a copy of the proposed plan and a copy of the notice sent to the owners under clause (a). 1998, c. 19, s. 94 (9).

Implementation of proposed plan

(10) The board shall implement the proposed plan after the expiration of 30 days following the day on which the board complies with subsection (9). 1998, c. 19, s. 94 (10).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. D, s. 3 (2) - 29/06/2001

2015, c. 28, Sched. 1, s. 85 - not in force

Use of reserve fund

95 (1) No part of a reserve fund shall be used except for the purpose mentioned in subsection 93 (2). 1998, c. 19, s. 95 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (1) of the Act is amended by striking out “the purpose” and substituting “the purposes”. (See: 2015, c. 28, Sched. 1, s. 86 (1))

Board’s use

(2) The board does not require the consent of the owners to make an expenditure out of a reserve fund. 1998, c. 19, s. 95 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (2) of the Act is amended by adding “Subject to the regulations” at the beginning. (See: 2015, c. 28, Sched. 1, s. 86 (2))

No distribution

(3) The amount of a reserve fund shall constitute an asset of the corporation and shall not be distributed to the mortgagees of the units or, except on termination of the corporation, to the owners of the units. 1998, c. 19, s. 95 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 86 - not in force

Warranties

96 (1) All warranties given with respect to work and materials furnished for a unit shall be for the benefit of an owner. 1998, c. 19, s. 96 (1).

Enforcement by corporation

(2) The corporation may enforce the warranties mentioned in subsection (1) on behalf of an owner if the corporation does work on behalf of the owner under section 92. 1998, c. 19, s. 96 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96 (2) of the Act is amended by striking out “section 92” at the end and substituting “section 91 or 92”. (See: 2015, c. 28, Sched. 1, s. 87 (1))

Same, common elements

(3) All warranties given with respect to work and materials furnished for the common elements shall be for the benefit of the corporation. 1998, c. 19, s. 96 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96 (3) of the Act is amended by adding “or the assets, if any, of the corporation” after “common elements”. (See: 2015, c. 28, Sched. 1, s. 87 (2))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 87 - not in force

Changes to Common Elements and Assets

Changes made by corporation

97 (1) If the corporation has an obligation to repair the units or common elements after damage or to maintain them and the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate in accordance with current construction standards, the work shall be deemed not to be an addition, alteration or improvement to the common elements or a change in the assets of the corporation for the purpose of this section. 1998, c. 19, s. 97 (1).

Changes made without notice

(2) A corporation may, by resolution of the board and without notice to the owners, make an addition, alteration or improvement to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners if,

(a)  it is necessary to make the addition, alteration, improvement or change to comply with an agreement mentioned in section 113 or the requirements imposed by any general or special Act or regulations or by-laws made under that Act;

(b)  in the opinion of the board, it is necessary to make the addition, alteration, improvement or change to ensure the safety or security of persons using the property or assets of the corporation or to prevent imminent damage to the property or assets; or

(c)  subject to the regulations made under this Act, the estimated cost, in any given month or other prescribed period, if any, of making the addition, alteration, improvement or change is no more than the greater of $1,000 and 1 per cent of the annual budgeted common expenses for the current fiscal year. 1998, c. 19, s. 97 (2).

Changes made on notice

(3) A corporation may make an addition, alteration or improvement to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners if,

(a)  the corporation has sent a notice to the owners that,

(i)  describes the proposed addition, alteration, improvement or change,

(ii)  contains a statement of the estimated cost of the proposed addition, alteration, improvement or change indicating the manner in which the corporation proposes to pay the cost,

(iii)  specifies that the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners, and

(iv)  contains a copy of section 46 and this section; and

(b)  one of the following conditions has been met:

1.  The owners have not requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a).

2.  The owners have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a) but have not voted against the proposed addition, alteration, improvement or change at the meeting. 1998, c. 19, s. 97 (3).

Approval of substantial change

(4) Despite subsection (3), the corporation shall not make a substantial addition, alteration, improvement to the common elements, a substantial change in the assets of the corporation or a substantial change in a service that the corporation provides to the owners unless the owners who own at least 66²/₃ per cent of the units of the corporation vote in favour of approving it. 1998, c. 19, s. 97 (4).

Meeting

(5) The vote shall be taken at a meeting duly called for the purpose of subsection (4). 1998, c. 19, s. 97 (5).

Meaning of substantial change

(6) For the purposes of subsection (4), an addition, alteration, improvement or change is substantial if,

(a)  its estimated cost, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, exceeds the lesser of,

(i)  10 per cent of the annual budgeted common expenses for the current fiscal year, and

(ii)  the prescribed amount, if any; or

(b)  the board elects to treat it as substantial. 1998, c. 19, s. 97 (6).

Cost of changes

(7) The cost of an addition, alteration, improvement or change that the corporation makes under this section shall form part of the common expenses. 1998, c. 19, s. 97 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, the heading immediately before section 97 and section 97 of the Act are repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 88)

Modifications to Common Elements and Assets

Modifications made by corporation

97 (1) No person shall make a modification except in accordance with this section or section 98. 2015, c. 28, Sched. 1, s. 88.

Definitions

(2) In this section,

“cost” means the cost as determined in accordance with the regulations, if any; (“coût”)

“modification” means, subject to subsection (3) and the regulations,

(a)  an addition, alteration or improvement to the common elements,

(b)  a change in the assets, if any, of the corporation,

(c)  a change in the services that the corporation provides to the owners, or

(d)  any combination or series of additions, alterations, improvements or changes described in clause (a), (b) or (c) that collectively relate to each other, as determined by the regulations. (“modification”) 2015, c. 28, Sched. 1, s. 88

Interpretation, modification

(3) Subject to sections 93, 94 and 95 and the regulations, if a corporation has an obligation to repair the units, the common elements or the assets, if any, of the corporation or to maintain them and if the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate, as determined in accordance with current construction standards, the work shall be deemed not to be a modification. 2015, c. 28, Sched. 1, s. 88.

Cost assessment

(4) The board shall conduct an assessment of the cost to the corporation, in accordance with the regulations, of any modifications that a corporation proposes to make under clause (5) (c) or subsection (6) or (7). 2015, c. 28, Sched. 1, s. 88.

Modifications made without notice

(5) A corporation may, without notice to the owners, make a modification if,

(a)  it is necessary to make the modification to comply with an agreement mentioned in section 21.1 or 113 or the requirements imposed by any general or special Act or regulations or by-laws made under that Act;

(b)  in the opinion of the board, it is necessary to make the modification to ensure the safety or security of persons using the property or assets, if any, of the corporation or to prevent imminent damage to the property or assets;

(c)  unless the regulations provide otherwise,

(i)  the estimated cost, if any, to the corporation of making the modification, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, is no more than the lesser of 3 per cent of the annual budgeted common expenses for the current fiscal year and $30,000, and

(ii)  the owners, on an objective basis, would not regard the modification as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, as determined by the regulations; or

(d)  the modification is for any prescribed purposes, subject to the requirements, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 88.

Modifications made on notice

(6) A corporation may make a modification to which subsection (5) does not apply if,

(a)  the corporation has sent a notice to the owners in accordance with the prescribed requirements, if any, that,

(i)  describes the proposed modification,

(ii)  contains,

(A)  the prescribed statement, if the owners, on an objective basis, would regard the proposed modification as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, as determined by the regulations, or

(B)  the prescribed statement of the estimated cost to the corporation of making the proposed modification, indicating the manner in which the corporation proposes to pay the cost,

(iii)  specifies that the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners, and

(iv)  contains a copy of the text of section 46 and this section; and

(b)  the owners,

(i)  have not requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a),

(ii)  have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a) but a quorum is not present at the first attempt to hold the meeting, or

(iii)  have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under clause (a), a quorum is present at the first attempt to hold the meeting and the owners have not voted against the proposed modification at the meeting. 2015, c. 28, Sched. 1, s. 88.

Approval of substantial modification

(7) Despite subsection (6), a corporation shall not make a substantial modification unless the owners who own at least 66 ⅔ per cent of the units in the corporation vote in favour of approving it. 2015, c. 28, Sched. 1, s. 88.

Meeting

(8) The vote shall be taken at a meeting duly called for the purpose of subsection (7). 2015, c. 28, Sched. 1, s. 88.

Interpretation, substantial modification

(9) For the purposes of subsection (7), a modification is substantial if,

(a)  the estimated cost to the corporation of making the modification, based on its total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, exceeds the lesser of,

(i)  10 per cent of the annual budgeted common expenses for the current fiscal year, and

(ii)  the prescribed amount, if any; or

(b)  the board elects to treat it as substantial. 2015, c. 28, Sched. 1, s. 88.

Cost of modifications

(10) The cost of a modification that the corporation makes under this section shall form part of the common expenses. 2015, c. 28, Sched. 1, s. 88.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 88 - not in force

Changes made by owners

98 (1) An owner may make an addition, alteration or improvement to the common elements that is not contrary to this Act or the declaration if,

(a)  the board, by resolution, has approved the proposed addition, alteration or improvement;

(b)  the owner and the corporation have entered into an agreement that,

(i)  allocates the cost of the proposed addition, alteration or improvement between the corporation and the owner,

(ii)  sets out the respective duties and responsibilities, including the responsibilities for the cost of repair after damage, maintenance and insurance, of the corporation and the owner with respect to the proposed addition, alteration or improvement, and

(iii)  sets out the other matters that the regulations made under this Act require;

(c)  subject to subsection (2), the requirements of section 97 have been met in cases where that section would apply if the proposed addition, alteration or improvement were done by the corporation; and

(d)  the corporation has included a copy of the agreement described in clause (b) in the notice that the corporation is required to send to the owners. 1998, c. 19, s. 98 (1).

No notice or approval

(2) Clauses (1) (c) and (d) do not apply if the proposed addition, alteration or improvement relates to a part of the common elements of which the owner has exclusive use and if the board is satisfied on the evidence that it may require that the proposed addition, alteration or improvement,

(a)  will not have an adverse effect on units owned by other owners;

(b)  will not give rise to any expense to the corporation;

(c)  will not detract from the appearance of buildings on the property;

(d)  will not affect the structural integrity of buildings on the property according to a certificate of an engineer, if the proposed addition, alteration or improvement involves a change to the structure of the buildings; and

(e)  will not contravene the declaration or any prescribed requirements. 1998, c. 19, s. 98 (2).

When agreement effective

(3) An agreement described in clause (1) (b) does not take effect until,

(a)  the conditions set out in clause (1) (a) and subsection (2) have been met or the conditions set out in clauses (1) (a), (c) and (d) have been met; and

(b)  the corporation has registered it against the title to the owner’s unit. 1998, c. 19, s. 98 (3).

Lien for default under agreement

(4) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit and may specify a time for payment by the owner. 1998, c. 19, s. 98 (4).

Agreement binds unit

(5) An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns. 1998, c. 19, s. 98 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 98 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 88)

Modifications made by owners

98 (1) An owner may make a modification if,

(a)  the board, by resolution, has approved the proposed modification;

(b)  the owner and the corporation have entered into an agreement that,

(i)  allocates the cost of the proposed modification between the corporation and the owner,

(ii)  sets out the respective duties and responsibilities, including the responsibilities for the cost of repair, maintenance and insurance, of the corporation and the owner with respect to the proposed modification, and

(iii)  sets out the other matters that the regulations require;

(c)  subject to subsection (3), the requirements of section 97 have been met in accordance with the regulations in the cases where the regulations specify that those requirements are to apply; and

(d)  the corporation has included a copy of the agreement described in clause (b) in a notice that the corporation is required to send to the owners, if the corporation is required to send that notice. 2015, c. 28, Sched. 1, s. 88.

Definitions

(2) In this section,

“cost” means the cost as determined in accordance with the regulations, if any; (“coût”)

“modification” means an addition, alteration or improvement to the common elements or the assets, if any, of the corporation that is not contrary to this Act, the declaration, the by-laws or the rules. (“modification”) 2015, c. 28, Sched. 1, s. 88.

No notice or approval

(3) Clauses (1) (c) and (d) do not apply if the proposed modification relates to a part of the common elements of which the owner has exclusive use and if the board is satisfied, on the evidence that it may require, that,

(a)  the other owners, on an objective basis, would not regard the proposed modification as causing a material reduction or elimination of their use or enjoyment of units that they own or the common elements or assets, if any, of the corporation, as determined by the regulations;

(b)  the proposed modification will not give rise to any expense to the corporation;

(c)  the proposed modification will not detract from the appearance of buildings on the property;

(d)  the proposed modification will not affect the structural integrity of buildings on the property according to a certificate of an engineer, if the proposed modification involves a change to the structure of the buildings; and

(e)  the proposed modification will not contravene the declaration, the by-laws, the rules or the prescribed requirements, if any. 2015, c. 28, Sched. 1, s. 88.

When agreement effective

(4) An agreement described in clause (1) (b) does not take effect until,

(a)  the conditions set out in clause (1) (a) and subsection (3) have been met or the conditions set out in clauses (1) (a), (c) and (d) have been met; and

(b)  the corporation has registered it against the title to the owner’s unit. 2015, c. 28, Sched. 1, s. 88.

If default under agreement

(5) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with the agreement to the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 88.

Agreement binds unit

(6) The agreement binds the owner’s unit and any easement or covenant, whether positive or negative in nature, in the agreement shall run with the unit. 2015, c. 28, Sched. 1, s. 88.

Enforcement

(7) The following persons may enforce the easement or covenant against each other:

1.  A party to the agreement.

2.  The owner or any subsequent owner of the unit.

3.  Subject to the regulations, the corporation and any of its successors and assigns. 2015, c. 28, Sched. 1, s. 88.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 88 - not in force

Insurance

Property insurance

99 (1) The corporation shall obtain and maintain insurance, on its own behalf and on behalf of the owners, for damage to the units and common elements that is caused by major perils or the other perils that the declaration or the by-laws specify. 1998, c. 19, s. 99 (1).

Definition

(2) In subsection (1),

“major perils” means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft or vehicles, vandalism or malicious acts. 1998, c. 19, s. 99 (2).

Exclusion ineffective

(3) An exclusion in the insurance required by this section is not effective with respect to damage resulting from faulty or improper material, workmanship or design that would be insured, but for the exclusion. 1998, c. 19, s. 99 (3).

Improvements not included

(4) The obligation to insure under subsection (1) does not include insurance for damage to improvements made to a unit. 1998, c. 19, s. 99 (4).

Determination of improvements

(5) For the purpose of this section, the question of what constitutes an improvement to a unit shall be determined by reference to a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 99 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 99 (5) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 89)

Standard unit

(6) A standard unit for the class of unit to which the unit belongs shall be,

(a)  the standard unit described in a by-law made under clause 56 (1) (h), if the board has made a by-law under that clause;

(b)  the standard unit described in the schedule mentioned in clause 43 (5) (h), if the board has not made a by-law under clause 56 (1) (h). 1998, c. 19, s. 99 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 99 (6) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 89)

Amount of recovery

(7) Subject to a reasonable deductible, the insurance required under this section shall cover the replacement cost of the property damaged by the perils to which the insurance applies. 1998, c. 19, s. 99 (7).

Breach of policy

(8) Despite anything in an insurance policy issued under this section, no act of any person shall be deemed to be a breach of the conditions of the policy if the act is prejudicial to the interests of the corporation or the owners. 1998, c. 19, s. 99 (8).

Termination

(9) An insurance policy issued under this section shall be deemed to include a clause that the insurer shall not terminate the insurance contract unless the insurer gives the corporation and the insurance trustee, if any, at least 60 days notice by registered mail. 1998, c. 19, s. 99 (9).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 89 - not in force

Proceeds

100 (1) Despite anything contained in an insurance trust agreement that the corporation has entered into with an insurance trustee, if the proceeds of an insurance policy issued under section 99 are less than 15 per cent of the replacement cost of the property covered by the policy, the insurer shall pay the proceeds to the corporation or the person whom the corporation specifies. 1998, c. 19, s. 100 (1).

Use of insurance proceeds

(2) Upon the proceeds being available, the corporation shall promptly use them for the repair or replacement of the damaged units and common elements, unless the owners have voted to terminate because of substantial damage in accordance with section 123. 1998, c. 19, s. 100 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 100 (2) of the Act is amended by striking out “the repair or replacement of the damaged units” and substituting “the repair of the damage to the damaged units”. (See: 2015, c. 28, Sched. 1, s. 90)

Payment from Ontario New Home Warranties Plan

(3) A corporation that receives a payment out of the guarantee fund under subsection 14 (3) or (4) of the Ontario New Home Warranties Plan Act for remedial work to the common elements shall promptly use the payment for the remedial work, unless,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 100 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2017, c. 33, Sched. 2, s. 75 (17))

Payment from Ontario New Home Warranties and Protection Plan

(3) A corporation that receives a payment out of the guarantee fund under the prescribed provisions of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under that Act for remedial work to the common elements shall promptly use the payment for the remedial work, unless,

(a)  the owners have voted to terminate because of substantial damage in accordance with section 123; or

(b)  the corporation has already completed and paid for the remedial work. 1998, c. 19, s. 100 (3).

Limitation, mortgage

(4) Despite any provision in a mortgage or subsection 6 (2) of the Mortgages Act, a mortgagee may not require that proceeds received under an insurance policy on the property or on a part of the property or a payment received out of the guarantee fund under subsection 14 (3) or (4) of the Ontario New Home Warranties Plan Act be applied towards the discharge of the mortgage; a requirement that contravenes this subsection is void. 1998, c. 19, s. 100 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 100 (4) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (18))

Limitation, mortgage

(4) Despite any provision in a mortgage or subsection 6 (2) of the Mortgages Act, a mortgagee may not require that proceeds received under an insurance policy on the property or on a part of the property or a payment received out of the guarantee fund under the prescribed provisions of the Protection for Owners and Purchasers of New Homes Act, 2017, or the regulations made under that Act, be applied towards the discharge of the mortgage; a requirement that contravenes this subsection is void. 2017, c. 33, Sched. 2, s. 75 (18).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 90 - not in force

2017, c. 33, Sched. 2, s. 75 (17, 18) - not in force

Double coverage

101 (1) Insurance that a corporation obtains and maintains under section 99 shall be deemed not to be other insurance for the purpose of any prohibition of or condition against other insurance in a policy of an owner insuring against loss of or damage to the owner’s unit or the owner’s interest in the common elements and covering only to the extent that the insurance placed by the corporation is inapplicable, inadequate or ineffective. 1998, c. 19, s. 101 (1).

No reciprocal contribution

(2) Despite section 150 of the Insurance Act, an insurance policy issued under section 99 and any other insurance policy, except another policy under section 99, are not liable to be brought into contribution with each other. 1998, c. 19, s. 101 (2).

Other insurance

102 The corporation shall obtain and maintain,

(a)  insurance against its liability resulting from a breach of duty as occupier of the common elements or land that the corporation holds as an asset; and

(b)  insurance against its liability arising from the ownership, use or operation, by or on its behalf, of boilers, machinery, pressure vessels and motor vehicles. 1998, c. 19, s. 102.

Capacity to maintain insurance

103 (1) Nothing in this Act shall be construed to restrict the capacity of a corporation, an owner or any other person to obtain and maintain insurance in respect of an insurable interest. 1998, c. 19, s. 103 (1).

Same

(2) For the purposes of sections 99 and 102, the corporation shall be deemed to have an insurable interest in the units and common elements. 1998, c. 19, s. 103 (2).

Disclosure by insurer

104 An insurer under an insurance policy required by this Act shall provide the corporation with a certificate or memorandum of insurance declaring the coverage carried by the corporation on behalf of all owners. 1998, c. 19, s. 104.

Deductible

105 (1) Subject to subsection (2) and (3), if an insurance policy obtained by the corporation in accordance with this Act contains a deductible clause that limits the amount payable by the insurer, the portion of a loss that is excluded from coverage shall be a common expense. 1998, c. 19, s. 105 (1).

Owner’s responsibility

(2) If an owner, a lessee of an owner or a person residing in the owner’s unit with the permission or knowledge of the owner through an act or omission causes damage to the owner’s unit, the amount that is the lesser of the cost of repairing the damage and the deductible limit of the insurance policy obtained by the corporation shall be added to the common expenses payable for the owner’s unit. 1998, c. 19, s. 105 (2).

Same, by-law

(3) The corporation may pass a by-law to extend the circumstances in subsection (2) under which an amount shall be added to the common expenses payable for an owner’s unit if the damage to the unit was not caused by an act or omission of the corporation or its directors, officers, agents or employees. 1998, c. 19, s. 105 (3).

Owner’s insurable interest

(4) The amount payable by an owner under this section or as a result of a by-law passed under this section constitutes an insurable interest of the owner. 1998, c. 19, s. 105 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 105 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 91)

Deductible

105 (1) Subject to subsections (2), (3) and (4), if an insurance policy obtained and maintained by the corporation in accordance with this Act contains a deductible clause that limits the amount payable by the insurer, the portion of a loss that is excluded from coverage shall be a common expense. 2015, c. 28, Sched. 1, s. 91.

Owner’s responsibility

(2) Subject to subsection (4), if an owner, a lessee of an owner, a person residing in the owner’s unit with the permission or knowledge of the owner, or any other person or thing that is prescribed, through an act or omission causes damage to a unit, the common elements or the assets, if any, of the corporation, subject to subsection (3), and if the corporation has obtained and maintained coverage for the damage under an insurance policy, the amount that is the lesser of the cost of repairing the damage and the deductible limit of the insurance policy shall be added to the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 91.

Exception

(3) Subject to subsection (4), subsection (2) does not apply if the damage to a unit, the common elements or the assets, if any, of the corporation was caused by an act or omission of the corporation or its directors, officers, agents or employees. 2015, c. 28, Sched. 1, s. 91.

Alteration by declaration

(4) After a new board of a corporation is elected at a turn-over meeting held under section 43, a declaration may alter the circumstances in subsection (2) under which an amount shall be added to the contribution to the common expenses payable for an owner’s unit if,

(a)  the alteration is done in accordance with the restrictions or requirements, if any, that are prescribed; and

(b)  the corporation has met all other requirements of this Act. 2015, c. 28, Sched. 1, s. 91.

Owner’s insurable interest

(5) The amount payable by an owner under this section or as a result of a provision of a declaration that makes the alteration described in subsection (4) constitutes an insurable interest of the owner. 2015, c. 28, Sched. 1, s. 91.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 91 - not in force

Information to owners

105.1 Subject to the regulations, the board shall provide the owners, in accordance with the regulations, with a notice containing information relating to the insurance mentioned in each of sections 39, 99, 102 and 105 and the regulations, if any. 2015, c. 28, Sched. 1, s. 92.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 92 - 01/11/2017

Act prevails

106 If any provision of an insurance policy required by section 99 or 102 or any part of the Insurance Act conflicts with anything in this Act, the provisions of this Act apply. 1998, c. 19, s. 106.

Amendments to the Declaration and Description

Amendments with owners’ consent

107 (1) The corporation shall not amend the declaration or the description except in accordance with this section. 1998, c. 19, s. 107 (1).

Conditions

(2) The corporation may amend the declaration or the description if,

(a)  the board, by resolution, has approved the proposed amendment;

(b)  the declarant has consented to the proposed amendment in writing if,

(i)  at the time the board approved the proposed amendment, the declarant had not transferred all of the units except for the part of the property described in subsection 22 (5), and

(ii)  less than three years have elapsed from the later of the date of registration of the declaration and description and the date that the declarant first entered into an agreement of purchase and sale for a unit in the corporation;

(c)  the board has held a meeting of owners in accordance with subsections (3) and (4);

(d)  the owners of at least 90 per cent of the units at the time the board approved the proposed amendment have consented to it in writing, if it makes a change in a matter described in clause 7 (2) (c), (d) or (f) or 7 (4) (e);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 107 (2) (d) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 93 (1))

(d)  the owners of at least 90 per cent of the units, or such other percentage that is prescribed, at the time the board approved the proposed amendment have consented to it in writing, if it makes a change in a matter described in clause 7 (2) (c), (d) or (f) or 7 (4) (e), subsection 105 (4) or a matter described in the regulations, if any;

(e)  the owners of at least 80 per cent of the units at the time the board approved the proposed amendment have consented to it in writing, in all cases apart from a case described in clause (d); and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 107 (2) (e) of the Act is amended by adding “or such other percentage that is prescribed” after “80 per cent of the units”. (See: 2015, c. 28, Sched. 1, s. 93 (2))

(f)  the corporation has, in accordance with subsection 47 (5), sent a notice of the proposed amendment to all mortgagees whose names, at the time the board approved the proposed amendment, appeared in the record of the corporation required by section 46.1 or were required by that section to have appeared in that record. 1998, c. 19, s. 107 (2); 2015, c. 28, Sched. 1, s. 93 (3).

Meeting of owners

(3) The board shall call a meeting of owners for the purpose of considering the proposed amendment. 1998, c. 19, s. 107 (3).

Notice of meeting

(4) The board shall give the owners a notice of the meeting which shall include a copy of the proposed amendment. 1998, c. 19, s. 107 (4).

Loss of owner’s right to consent

(4.1) An owner is not entitled to consent under this section if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 93 (4).

Payment of arrears

(4.2) An owner who, under subsection (4.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 93 (4).

Registration

(5) The corporation shall register a copy of an amendment made under this section but shall not register the copy until after the expiration of 30 days following the time at which it gave the notice described in clause (2) (f). 1998, c. 19, s. 107 (5).

Form of registration

(6) The registered copy of the amendment shall include a certificate, in the form prescribed by the Minister, made by the officers authorized to act on behalf of the corporation that certifies that the amendment complies with the requirements of this section. 1998, c. 19, s. 107 (6).

When amendment effective

(7) An amendment made under this section is ineffective until the copy of the amendment has been registered. 1998, c. 19, s. 107 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 93 (1, 2) - not in force; 2015, c. 28, Sched. 1, s. 93 (3, 4) - 01/11/2017

Change of address for service

108 Despite section 107, the board may change the address for service or the mailing address of the corporation by registering a notice of change of address in the form prescribed by the Minister. 1998, c. 19, s. 108; 2015, c. 28, Sched. 1, s. 94.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 94 - 01/11/2017

Court order

109 (1) The corporation or an owner may make an application to the Superior Court of Justice for an order to amend the declaration or description. 1998, c. 19, s. 109 (1); 2000, c. 26, Sched. B, s. 7 (7).

Notice of application

(2) The applicant shall give at least 15 days notice of an application to the corporation and to every owner and mortgagee whose name, on the 30th day before the application is made, appears in the record of the corporation required by section 46.1 or is required by that section to appear in that record, but the applicant is not required to give notice to the applicant. 2015, c. 28, Sched. 1, s. 95.

Grounds for order

(3) The court may make an order to amend the declaration or description if satisfied that the amendment is necessary or desirable to correct an error or inconsistency that appears in the declaration or description or that arises out of the carrying out of the intent and purpose of the declaration or description. 1998, c. 19, s. 109 (3).

Registration

(4) An amendment under this section is ineffective until a certified copy of the order has been registered. 1998, c. 19, s. 109 (4).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 05/05/2001

2015, c. 28, Sched. 1, s. 95 - 01/11/2017

Order of Director of Titles

110 (1) The corporation or an interested person may apply to the Director of Titles appointed under section 9 of the Land Titles Act for an order to amend the declaration or description to correct an error or inconsistency that is apparent on the face of the declaration or description, as the case may be. 1998, c. 19, s. 110 (1).

Notice of application

(2) The applicant shall give notice of the application in the form and manner that the Director of Titles directs to the corporation and to every owner and mortgagee whose name appears in the record of the corporation required by section 46.1 or is required by that section to appear in that record and whose interest would be affected by the amendment, but the applicant is not required to give notice to the applicant. 2015, c. 28, Sched. 1, s. 96.

Grounds for order

(3) The Director of Titles shall make an order to amend the declaration or description if satisfied that the amendment will correct an error or inconsistency that is apparent on the face of the declaration or description, as the case may be. 1998, c. 19, s. 110 (3).

Registration

(4) An amendment under this section is ineffective until a certified copy of the order has been registered. 1998, c. 19, s. 110 (4).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 9, s. 4 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

2015, c. 28, Sched. 1, s. 96 - 01/11/2017

Termination of Agreements

Management agreements

111 (1) Subject to subsection (2), a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services and that it has entered into with a person before the owners elected a new board at a meeting held in accordance with subsection 43 (1). 2015, c. 28, Sched. 2, s. 80 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 111 (1) of the Act is amended by adding “and despite anything in the declaration, a by-law, an agreement or an instrument” after “subsection (2)”. (See: 2015, c. 28, Sched. 1, s. 97 (1))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 111 (1) of the Act is repealed and the following substituted: This amendment applies only if subsection 97 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force on or before the day subsection 80 (14) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force. (See: 2015, c. 28, Sched. 2, s. 80 (14), (15))

Management agreements

(1) Subject to subsection (2) and despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services and that it has entered into with a person before the owners elected a new board at a meeting held in accordance with subsection 43 (1). 2015, c. 28, Sched. 2, s. 80 (14).

Notice

(2) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the corporation entered into the agreement. 1998, c. 19, s. 111 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 111 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 97 (2))

No liability

(3) If a corporation terminates an agreement under this section, the corporation and its directors, officers and owners are not liable for,

(a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees;

(b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or

(c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 97 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 97 - not in force; 2015, c. 28, Sched. 2, s. 80 (12, 13) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (14, 15) - not in force

Other agreements

112 (1) Subject to subsection (4), a corporation may, by resolution of the board within 12 months following the election of a new board at a meeting held in accordance with subsection 43 (1), terminate an agreement mentioned in subsection (2) that the corporation has entered into with a person other than another corporation before the election of the new board. 1998, c. 19, s. 112 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 112 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 98 (1))

Other agreements

(1) Subject to subsection (4) and the regulations and despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may, by resolution of the board within 12 months following the election of a new board at a meeting held in accordance with subsection 43 (1), terminate an agreement described in subsection (2) that the corporation has entered into with a person before the election of the new board, other than an agreement mentioned in section 21.1. 2015, c. 28, Sched. 1, s. 98 (1).

Application

(2) Subsection (1) applies to the following agreements:

1.  An agreement for the provision of goods or services on a continuing basis.

2.  An agreement for the provision of facilities to the corporation on other than a non-profit basis.

3.  A lease of all or part of the common elements for business purposes. 1998, c. 19, s. 112 (2).

Non-application

(3) Subsection (1) does not apply to a telecommunications agreement within the meaning of section 22. 1998, c. 19, s. 112 (3).

Notice

(4) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the corporation entered into the agreement. 1998, c. 19, s. 112 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 112 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 98 (2))

No liability

(4.1) If a corporation terminates an agreement under this section, the corporation and its directors, officers and owners are not liable for,

(a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees;

(b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or

(c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 98 (2).

Exception, easements

(5) Nothing in this section permits the termination of an easement created by an instrument in writing except in accordance with the instrument. 1998, c. 19, s. 112 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 98 - not in force

Mutual use agreements

113 (1) If a corporation and a person have entered into an agreement for the mutual use, provision or maintenance or the cost-sharing of facilities or services before the owners elected a new board at a meeting held in accordance with subsection 43 (1), any party to the agreement may, within 12 months following the election, make an application to the Superior Court of Justice for an order under subsection (3). 1998, c. 19, s. 113 (1); 2000, c. 26, Sched. B, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 113 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 99)

Shared facilities agreements

(1) If a corporation and a person have entered into an agreement to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services before the owners elected a new board at a meeting held in accordance with subsection 43 (1), any party to the agreement may, within 12 months following the election, make an application to the Superior Court of Justice for an order under subsection (3), unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 99.

Non-application

(2) Subsection (1) does not apply to a telecommunications agreement within the meaning of section 22. 1998, c. 19, s. 113 (2).

Court order

(3) The court may make an order amending or terminating the agreement or any of its provisions or may make any other order that the court deems necessary if it is satisfied that,

(a)  the disclosure statement did not clearly and adequately disclose the provisions of the agreement; and

(b)  the agreement or any of its provisions produces a result that is oppressive or unconscionably prejudicial to the corporation or any of the owners. 1998, c. 19, s. 113 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 99 - not in force

Insurance trust agreements

114 Despite anything contained in an insurance trust agreement that a corporation has entered into with an insurance trustee and anything in the declaration, the corporation may terminate the agreement by giving at least 60 days notice in writing of the termination date to the trustee. 1998, c. 19, s. 114.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 114 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 100)

Insurance trust agreements

114 (1) Despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may terminate an insurance trust agreement that the corporation has entered into with an insurance trustee by giving at least 60 days notice in writing of the termination date to the trustee. 2015, c. 28, Sched. 1, s. 100.

No liability

(2) If a corporation terminates an agreement under this section, the corporation and its directors, officers and owners are not liable for,

(a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees;

(b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or

(c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 100.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 100 - not in force

Miscellaneous

Corporation’s money

115 (1) A person who receives money on behalf of or for the benefit of the corporation, including money received from owners as contributions to the common expenses or the reserve fund, shall hold the money, together with interest and other proceeds earned from investing it, in trust for the performance by the corporation of its duties and obligations. 1998, c. 19, s. 115 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 115 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 101 (1))

Corporation’s money

(1) A person who receives money on behalf of or for the benefit of the corporation, including money received from owners as contributions to the common expenses or the reserve fund, shall, in accordance with the regulations, hold the money, together with interest and other proceeds earned from investing it, in trust for the performance by the corporation of its duties and obligations. 2015, c. 28, Sched. 1, s. 101 (1).

Corporation’s accounts

(2) A corporation shall maintain one or more accounts in its name designated as general accounts and one or more accounts in its name designated as reserve fund accounts. 1998, c. 19, s. 115 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 115 (2) of the Act is amended by adding “In accordance with the requirements, if any, that are prescribed” at the beginning. (See: 2015, c. 28, Sched. 1, s. 101 (2))

Location of accounts

(3) Each of the accounts shall be located in Ontario at a bank listed under Schedule I or II to the Bank Act (Canada), a trust corporation, a loan corporation or a credit union authorized by law to receive money on deposit. 1998, c. 19, s. 115 (3); 2002, c. 8, Sched. I, s. 7 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 115 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 101 (3))

Location of accounts

(3) Each of the accounts shall be located in Ontario or such other location that is prescribed in,

(a)  a bank within the meaning of section 2 of the Bank Act (Canada);

(b)  a corporation registered under the Loan and Trust Corporations Act; or

(c)  a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994. 2015, c. 28, Sched. 1, s. 101 (3).

Note: On the later of the day section 291 of Schedule 7 (Credit Unions and Caisses Populaires Act, 2020) to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day subsection 101 (3) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, clause 115 (3) (c) of the Act is amended by striking out “Credit Unions and Caisses Populaires Act, 1994” at the end and substituting “Credit Unions and Caisses Populaires Act, 2020”. (See: 2020, c. 36, Sched. 7, s. 301 (2))

Deposit of money

(4) Subject to subsections (6) and (7), the person who receives money on behalf of or for the benefit of the corporation shall pay the money, together with interest and other proceeds earned from investing it, into,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 115 (4) of the Act is amended by adding “in accordance with the requirements, if any, that are prescribed” after “shall” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 101 (4))

(a)  a general account of the corporation, if the money was not received as contributions from owners to the reserve fund; or

(b)  a reserve fund account of the corporation, if the money was received as contributions from owners to the reserve fund. 1998, c. 19, s. 115 (4).

Definition

(5) In subsections (6) and (7),

“eligible security” means a bond, debenture, guaranteed investment certificate, deposit receipt, deposit note, certificate of deposit, term deposit or other similar instrument that,

(a)  is issued or guaranteed by the government of Canada or the government of any province of Canada,

(b)  is issued by an institution located in Ontario insured by the Canada Deposit Insurance Corporation or the Financial Services Regulatory Authority of Ontario, or

(c)  is a security of a prescribed class. 1998, c. 19, s. 115 (5); 2009, c. 34, Sched. E, s. 1; 2019, c. 7, Sched. 13, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “eligible security” in subsection 115 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 101 (5))

“eligible security” means a bond, debenture, guaranteed investment certificate, deposit receipt, deposit note, certificate of deposit, term deposit or other instrument that is prescribed that,

(a)  is issued or guaranteed by the Government of Canada or the government of any province or territory of Canada,

(b)  is issued by an institution located in Ontario and is insured in accordance with the regulations by the Canada Deposit Insurance Corporation or the Financial Services Regulatory Authority of Ontario, or

(c)  is a security of a prescribed class.

Investment

(6) The board may invest all or any part of the money in the corporation’s general accounts in eligible securities if,

(a)  they are convertible to cash within 90 days following a request by the board; and

(b)  they are,

(i)  registered in the name of the corporation, or

(ii)  held in a segregated account under the name of the corporation by a member of the Investment Dealers Association of Canada and insured by the Canadian Investor Protection Fund. 1998, c. 19, s. 115 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 115 (6) (b) (ii) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 101 (6))

(ii)  held in a segregated account under the name of the corporation by a member of the Investment Industry Regulatory Organization of Canada and covered by the Canadian Investor Protection Fund in accordance with the regulations, if any.

Same, reserve fund accounts

(7) Subject to subsection (8), the board may invest all or any part of the money in the corporation’s reserve fund accounts in eligible securities if they are,

(a)  registered in the name of the corporation; or

(b)  held in a segregated account under the name of the corporation by a member of the Canadian Investment Dealers Association and insured by the Canadian Investor Protection Fund. 1998, c. 19, s. 115 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 115 (7) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 101 (7))

(b)  held in a segregated account under the name of the corporation by a member of the Investment Industry Regulatory Organization of Canada and covered by the Canadian Investor Protection Fund in accordance with the regulations, if any.

Investment plan

(8) Before investing any part of the money in the corporation’s reserve fund accounts, the board shall develop an investment plan based on the anticipated cash requirements of the reserve fund as set out in the most recent reserve fund study. 1998, c. 19, s. 115 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 115 (8) of the Act is amended by adding “in accordance with the regulations” after “plan”. (See: 2015, c. 28, Sched. 1, s. 101 (8))

Records

(9) A person who receives money under subsection (1) shall keep records relating to the receipt and disposition of all money under this section and shall, upon reasonable notice and at all reasonable times, make the records available for examination by the corporation, an owner or a mortgagee. 1998, c. 19, s. 115 (9).

Section Amendments with date in force (d/m/y)

2002, c. 8, Sched. I, s. 7 (2) - 5/01/2005

2009, c. 34, Sched. E, s. 1 - 15/12/2009

2015, c. 28, Sched. 1, s. 101 - not in force

2019, c. 7, Sched. 13, s. 1 (1, 2) - 08/06/2019

2020, c. 36, Sched. 7, s. 301 (2) - not in force

Use by owners

116 An owner may make reasonable use of the common elements and the assets, if any, of the corporation, subject to this Act, the declaration, the by-laws and the rules. 2015, c. 28, Sched. 1, s. 102.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 102 - 01/01/2022

Prohibited conditions and activities

117 (1) No person shall, through an act or omission, cause a condition to exist or an activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual. 2015, c. 28, Sched. 1, s. 102.

Same

(2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,

(a)  any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation; or

(b)  any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 102.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 102 - 01/01/2022

Entry by canvassers

118 No corporation or employee or agent of a corporation shall restrict reasonable access to the property by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or an office in a municipal government or school board if access is necessary for the purpose of canvassing or distributing election material. 1998, c. 19, s. 118.

Compliance with Act

119 (1) A corporation, the directors, officers and employees of a corporation, a declarant, the lessor of a leasehold condominium corporation, an owner, an occupier of a unit and a person having an encumbrance against a unit and its appurtenant common interest shall comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 119 (1).

Responsibility for occupier

(2) An owner shall take all reasonable steps to ensure that an occupier of the owner’s unit and all invitees, agents and employees of the owner or occupier comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 119 (2).

Enforcing compliance

(3) A corporation, an owner and every person having a registered mortgage against a unit and its appurtenant common interest have the right to require that a person who is required to comply with this Act, the declaration, the by-laws and the rules shall do so. 2015, c. 28, Sched. 1, s. 103.

Proposed unit

(4) Until the declarant registers a declaration and description and the by-laws and rules of the corporation come into force, an occupier of a proposed unit shall comply with this Act, the declaration and the by-laws and rules proposed by the declarant; the declarant shall take all reasonable steps to ensure that the occupier complies with this section. 1998, c. 19, s. 119 (4).

Right against occupier

(5) Until the declarant registers a declaration and description and the by-laws and rules of the corporation come into force, an occupier of a proposed unit has the right to require the occupiers of the other units in the proposed corporation to comply with this Act, the declaration and the by-laws and rules proposed by the declarant. 1998, c. 19, s. 119 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 103 - 01/11/2017

PART VII
AMALGAMATION

Amalgamation

120 (1) Subject to the regulations, two or more leasehold condominium corporations or two or more freehold condominium corporations of the same type may amalgamate by registering a declaration and description amalgamating the corporations if,

(a)  the board of each amalgamating corporation has held a meeting in accordance with subsections (2) and (3);

(b)  the owners of at least 90 per cent of the units of each corporation as of the date of that corporation’s meeting have, within 90 days of the meeting, consented in writing to the registration of the declaration and description; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 120 (1) (b) of the Act is amended by striking out “within 90 days of the meeting” and substituting “within 120 days of the meeting or such other time that is prescribed”. (See: 2015, c. 28, Sched. 1, s. 104 (1))

(c)  the corporations have complied with all prescribed requirements. 1998, c. 19, s. 120 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Meeting of owners

(2) The board of each amalgamating corporation shall call a meeting of owners for the purpose of considering a declaration and description amalgamating the corporations. 1998, c. 19, s. 120 (2).

Notice of meeting

(3) The board shall give the owners a notice of the meeting which shall include,

(a)  a copy of the proposed declaration and description of the amalgamated corporation and a copy of the proposed budget for the corporation’s first year of operation;

(b)  a copy of all proposed by-laws and rules of the amalgamated corporation;

(c)  a certificate as to the status for each amalgamating corporation in the form prescribed by the Minister;

(d)  for each amalgamating corporation, the auditor’s report on the last annual financial statements of the corporation, if it is not included in the certificate mentioned in clause (c); and

(e)  all additional statements and information that the regulations require. 1998, c. 19, s. 120 (3); 2015, c. 28, Sched. 1, s. 146 (1).

Loss of owner’s right to consent

(3.1) An owner is not entitled to consent under clause (1) (b) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more during the 120 days or other time period mentioned in that clause. 2015, c. 28, Sched. 1, s. 104 (2).

Payment of arrears

(3.2) An owner who, under subsection (3.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 104 (2).

Signing of declaration

(4) The declaration of an amalgamated corporation shall not be registered unless the officers of each amalgamating corporation who are duly authorized to sign on behalf of the corporation have signed the declaration. 1998, c. 19, s. 120 (4).

Part VIII not applicable

(5) Part VIII does not apply to an amalgamation carried out under this section but does apply to an amalgamated corporation after the registration of its declaration and description. 1998, c. 19, s. 120 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 104 (1) - not in force; 2015, c. 28, Sched. 1, s. 104 (2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Effect of registration

121 (1) On registration of a declaration and description for an amalgamated corporation,

(a)  the amalgamating corporations are amalgamated and continue as one corporation;

(b)  the units and common interests of the amalgamating corporations are continued as units and common interests in the amalgamated corporation;

(c)  all encumbrances, easements and leases that affected the units or common elements of the amalgamating corporations are continued as encumbrances, easements and leases respectively that affect the units or common elements, as the case may be, of the amalgamated corporation;

(d)  all declarations, descriptions, by-laws and rules of the amalgamating corporations cease to apply;

(e)  the directors of the amalgamating corporations constitute the first directors of the amalgamated corporation;

(f)  the proposed by-laws and rules mentioned in clause 120 (3) (b) shall be the by-laws and rules respectively of the amalgamated corporation until the corporation amends or replaces them;

(g)  the amalgamated corporation possesses all the assets, rights and privileges and is subject to all liabilities, including civil, criminal and quasi-criminal, and all contracts, agreements, warranties and debts of each of the amalgamating corporations;

(h)  a conviction against, or ruling, order or judgment in favour of or against an amalgamating corporation may be enforced by or against the amalgamated corporation; and

(i)  the amalgamated corporation shall be deemed to be the party plaintiff or the party defendant, as the case may be, in all civil actions commenced by or against an amalgamating corporation before the amalgamation becomes effective. 1998, c. 19, s. 121 (1).

First auditors

(2) Immediately following the registration of a declaration and description for an amalgamated corporation, the directors shall appoint one or more auditors who shall hold office until the close of the meeting of owners described in subsection (3). 1998, c. 19, s. 121 (2).

Subsequent directors

(3) The first directors of an amalgamated corporation shall hold office until the owners elect their successors at a meeting which the first directors shall call and hold within 60 days following the registration of the declaration and description for the corporation. 1998, c. 19, s. 121 (3).

Subsequent auditors

(4) At the meeting the owners shall, subject to section 60 with necessary modifications, appoint successors for the auditors mentioned in subsection (2). 1998, c. 19, s. 121 (4).

PART VIII
TERMINATION

Termination with consent

122 (1) A corporation shall register a notice terminating the government of the property by this Act if,

(a)  the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination; and

(b)  at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property, that were created after the registration of the declaration and description that made this Act applicable to the property, consent in writing to the termination. 1998, c. 19, s. 122 (1); 2015, c. 28, Sched. 1, s. 105 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 122 (1) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 105 (2))

(c)  all other conditions, if any, that are prescribed have been satisfied.

Notice of termination

(2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination. 1998, c. 19, s. 122 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 122 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 105 (3))

Notice of termination

(2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include,

(a)  a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination; and

(b)  all other material, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 105 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 105 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 105 (2, 3) - not in force

Termination upon substantial damage

123 (1) The registration of a notice under subsection (7) terminates the government of the property by this Act. 1998, c. 19, s. 123 (1); 2015, c. 28, Sched. 1, s. 106 (1).

Definition

(2) In this section,

“substantial damage” means damage for which the cost of repair is estimated to equal or exceed 25 per cent of the replacement cost of all the buildings and structures located on the property. 1998, c. 19, s. 123 (2).

Estimates of damage

(3) If damage occurs to a building or a structure located on the property that, in the opinion of the board, may constitute substantial damage, the board shall have at least two persons, who shall have no affiliation with the board and who, in the opinion of the board, are qualified, make estimates of the damage within 30 days after the occurrence of the damage. 1998, c. 19, s. 123 (3).

Determination by board

(4) The board shall determine whether, based on the estimates, there has been substantial damage. 1998, c. 19, s. 123 (4).

Notice of determination

(5) If the board determines that there has been substantial damage, it shall give notice of its determination to the owners. 1998, c. 19, s. 123 (5).

Contents of notice

(6) The notice shall specify that,

(a)  the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners; and

(b)  the board is required to register a notice terminating the government of the property by this Act if the condition described in subsection (7) is met. 1998, c. 19, s. 123 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (6) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 106 (2))

Contents of notice

(6) The notice shall,

(a)  specify that,

(i)  the owners have the right, in accordance with section 46 and within 30 days of receiving the notice, to requisition a meeting of owners, and

(ii)  the board is required to register a notice terminating the government of the property by this Act if the conditions described in subsection (7) are satisfied; and

(b)  contain a copy of the text of section 46 and this section. 2015, c. 28, Sched. 1, s. 106 (2).

Vote for termination

(7) The board shall register a notice terminating the government of the property by this Act if the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination. 1998, c. 19, s. 123 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (7) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 106 (2))

Vote for termination

(7) The board shall register a notice terminating the government of the property by this Act if,

(a)  the owners have requisitioned a meeting in accordance with section 46 within 30 days of receiving a notice under subsection (5);

(b)  the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination; and

(c)  all other conditions, if any, that are prescribed have been satisfied. 2015, c. 28, Sched. 1, s. 106 (2).

Form of notice

(8) The notice shall be in the form prescribed by the Minister and shall be signed by the authorized officers of the corporation. 1998, c. 19, s. 123 (8).

Time of registration

(9) The board shall register the notice within 30 days of a vote in favour of termination under subsection (7). 1998, c. 19, s. 123 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (9) of the Act is amended by adding “if any” after “subsection (7)”. (See: 2015, c. 28, Sched. 1, s. 106 (3))

Repairs if no termination

(10) If there is no vote in favour of termination under subsection (7), the corporation shall, within a reasonable time, repair the damage to the building or structure located on the property. 1998, c. 19, s. 123 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 123 (10) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 106 (4))

Repairs if no termination

(10) If the conditions under subsection (7) have not been satisfied, the corporation shall, within a reasonable time, repair the damage to the building or structure located on the property. 2015, c. 28, Sched. 1, s. 106 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 106 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 106 (2)-(4) - not in force

Termination upon sale of property

124 (1) If the corporation sells the property or a part of the common elements, this Act ceases to govern the property or the part of the common elements being sold. 2015, c. 28, Sched. 1, s. 107 (1).

Authorization of sale

(2) The corporation shall not sell the property or a part of the common elements unless,

(a)  the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of the sale;

(b)  at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property being sold, that were created after the registration of the declaration and description that made this Act applicable to the property being sold, consent in writing to the sale; and

(c)  if the sale is for only part of the common elements and includes common elements that are for the use of the owners of certain designated units and not all the owners, the owners of the designated units consent in writing to the sale. 1998, c. 19, s. 124 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 124 (2) of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 107 (2))

(d)  all other conditions, if any, that are prescribed have been satisfied.

Loss of owner’s right to consent

(2.1) An owner is not entitled to consent under clause (2) (c) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 107 (3).

Payment of arrears

(2.2) An owner who, under subsection (2.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 107 (3).

Conveyance

(3) When a sale takes place, the board shall deliver to the purchaser the following documents signed by the authorized officers of the corporation: a deed and a certificate in the form prescribed by the Minister stating that the persons who, under subsection (2), are required to vote in favour of the sale or consent in writing to the sale have done so. 1998, c. 19, s. 124 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 124 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 107 (4))

Conveyance

(3) When a sale takes place, the board shall deliver to the purchaser a deed and a certificate that,

(a)  are signed by the authorized officers of the corporation and are in the form prescribed by the Minister;

(b)  state that the persons who, under subsection (2), are required to vote in favour of the sale or consent in writing to the sale have done so; and

(c)  contain all other statements and material, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 107 (4).

Proceeds

(4) Subject to subsection (5), the owners at the time of the registration of the deed shall share the net proceeds of the sale in the same proportions as their common interests. 1998, c. 19, s. 124 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 124 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 107 (4))

Net proceeds

(4) Subject to subsection (5) and section 125, the owners at the time of the registration of the deed, as determined by the regulations, shall share the net proceeds of the sale in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 107 (4).

Same

(5) The portion of the proceeds of the sale that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. 1998, c. 19, s. 124 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 124 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 107 (4))

Same

(5) The portion of the net proceeds of the sale that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, where the owners are those at the time of the registration of the deed, as determined by the regulations, and not all the owners at that time, shall be divided among the owners of the designated units in the proportions in which their interests are affected, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 107 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 107 (1, 3) - 01/11/2017; 2015, c. 28, Sched. 1, s. 107 (2, 4) - not in force

Right of dissenters

125 (1) A corporation that has made a sale under section 124 and every owner in the corporation shall be deemed to have made an agreement that an owner who has dissented on the vote authorizing the sale may, within 30 days of the vote, submit to mediation a dispute over the fair market value of the property or the part of the common elements that has been sold, determined as of the time of the sale. 1998, c. 19, s. 125 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (1) of the Act is amended by adding “in accordance with the prescribed requirements, if any” after “agreement”. (See: 2015, c. 28, Sched. 1, s. 108 (1))

Application of s. 132

(2) If an owner submits a dispute to mediation in accordance with the agreement mentioned in subsection (1), section 132 applies to the dispute with necessary modifications as if it were a disagreement under that section. 1998, c. 19, s. 125 (2); 2015, c. 28, Sched. 1, s. 108 (2).

Notice

(3) An owner who submits a dispute to mediation shall give the corporation notice of intention within 10 days after the vote authorizing the sale. 1998, c. 19, s. 125 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 108 (3))

Notice

(3) An owner who submits a dispute to mediation in accordance with the agreement mentioned in subsection (1) shall give the corporation notice of intention in accordance with the prescribed requirements, if any, within 10 days after the vote authorizing the sale. 2015, c. 28, Sched. 1, s. 108 (3).

Entitlement to amount

(4) An owner who serves a notice of intention is entitled to receive from the proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by the arbitration. 1998, c. 19, s. 125 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 108 (3))

Entitlement to amount

(4) An owner who serves a notice of intention in accordance with subsection (3) is entitled, subject to the conditions, if any, that are prescribed, to receive from the net proceeds of the sale the amount the owner would have received if the sale price had been the fair market value as determined by the arbitration. 2015, c. 28, Sched. 1, s. 108 (3).

Deficiency

(5) The corporation shall pay to each of the owners who served a notice of intention, the deficiency in the amount to which the owner is entitled if the proceeds of the sale are inadequate to pay the amount. 1998, c. 19, s. 125 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 108 (3))

Deficiency

(5) The corporation shall pay to each of the owners who served a notice of intention in accordance with subsection (3), the deficiency in the amount to which the owner is entitled if the net proceeds of the sale are inadequate to pay the amount, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 108 (3).

Liability

(6) The owners other than those who dissented on the vote authorizing the sale are liable for the amount of the deficiency payments determined by the proportions of their common interests. 1998, c. 19, s. 125 (6).

Common expenses of other owners

(7) The corporation shall add the amount of the liability of each of the owners who voted in favour of the sale to the common expenses appurtenant to the units of those owners and may specify a time for payment by each of those owners. 1998, c. 19, s. 125 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 125 (7) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 108 (4))

Common expenses of other owners

(7) The corporation shall add the amount of the liability of each of the owners who voted in favour of the sale to the contribution to the common expenses payable for the unit of that owner. 2015, c. 28, Sched. 1, s. 108 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 108 (1, 3, 4) - not in force; 2015, c. 28, Sched. 1, s. 108 (2) - 01/11/2017

Expropriation

126 (1) Upon expropriation of the property or a part of the common elements under the Expropriations Act, this Act ceases to govern the property or the part of the common elements, as the case may be. 1998, c. 19, s. 126 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (1) of the Act is amended by adding “as determined in accordance with the regulations, if any” after “Expropriations Act”. (See: 2015, c. 28, Sched. 1, s. 109 (1))

Proceeds

(2) Subject to subsection (3), if part of the common elements is expropriated under the Expropriations Act, the owners shall share the proceeds in the same proportions as their common interests. 1998, c. 19, s. 126 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 109 (2))

Proceeds

(2) Subject to subsection (3), if part of the common elements is expropriated under the Expropriations Act in accordance with subsection (1), the owners, at the time determined by the regulations, shall share the proceeds in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 109 (2).

Same

(3) The portion of the proceeds received on expropriation under the Expropriations Act that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. 1998, c. 19, s. 126 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 109 (2))

Same

(3) The portion of the proceeds received on expropriation under the Expropriations Act done in accordance with subsection (1) that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, where the owners are those at the time determined by the regulations, and not all the owners at that time, shall be divided among the owners of the designated units in the proportions in which their interests are affected, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 109 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 109 - not in force

Effect of registration

127 (1) Upon registration of a notice of termination under section 122 or 123,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 110 (1))

Effect of registration

(1) Upon registration of a notice of termination under section 122 or 123, then, subject to the regulations,

(a)  this Act ceases to govern the property;

(b)  the owners are tenants in common of the land and interests appurtenant to the land described in the description in the same proportions as their common interests;

(c)  claims against the land and the interests appurtenant to the land described in the description, that were created before the registration of the declaration and description that made this Act applicable to the land, are as effective as if the declaration and description had not been registered;

(d)  encumbrances against each unit and common interest, that were created after the registration of the declaration and description that made this Act applicable to the unit, are claims against the interests of the owner in the land and interests appurtenant to the land described in the description and have the same priority as they had before the registration of the notice of termination; and

(e)  all other claims against the property that were created after the registration of the declaration and description that made this Act applicable to the property are extinguished. 1998, c. 19, s. 127 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (1) of the Act is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 110 (2))

(f)  the other consequences, if any, that are prescribed shall come into effect.

Same, sale or expropriation

(2) Upon the registration of a deed and a certificate under section 124 or upon expropriation under section 126,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 110 (3))

Same, sale or expropriation

(2) Upon the registration, in accordance with the regulations, of a deed and a certificate mentioned in subsection 124 (3) or upon expropriation under section 126, then, subject to the regulations,

(a)  this Act ceases to govern the property being sold or expropriated, as the case may be;

(b)  claims against the land and interests appurtenant to the land, that were created before the registration of the declaration and description that made this Act applicable to the land, are as effective as if the declaration and description had not been registered; and

(c)  claims against the property being sold or expropriated, as the case may be, that were created after the registration of the declaration and description that made this Act applicable to that property, are extinguished. 1998, c. 19, s. 127 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (2) of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 110 (4))

(d)  the other consequences, if any, that are prescribed shall come into effect.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 110 - not in force

Termination by court

128 (1) A corporation, an owner, or a person having an encumbrance against a unit and common interest, may make an application to the Superior Court of Justice for an order terminating the government of the property by this Act. 1998, c. 19, s. 128 (1); 2000, c. 26, Sched. B, s. 7 (7); 2015, c. 28, Sched. 1, s. 111 (1).

Grounds for order

(2) The court may order that the government of the property by this Act be terminated if the court is of the opinion that the termination would be just and equitable, having regard to,

(a)  the scheme and intent of this Act;

(b)  the probability of unfairness to the owners if the court does not order termination;

(c)  the probability of confusion and uncertainty in the affairs of the corporation or of the owners if the court does not order termination; and

(d)  the best interests of the owners. 1998, c. 19, s. 128 (2); 2015, c. 28, Sched. 1, s. 111 (2).

Contents of order

(3) The court may include in the order all provisions that it considers appropriate in the circumstances. 1998, c. 19, s. 128 (3).

Registration of order

(4) If the court makes an order terminating the government of the property by this Act, the applicant shall register the order. 1998, c. 19, s. 128 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 128 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 111 (3))

Registration of order

(4) If the court makes an order terminating the government of the property by this Act, the applicant shall register the order in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 111 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 111 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 111 (3) - not in force

Distribution of assets

129 When the owners and the property cease to be governed by this Act,

(a)  the assets of the corporation shall be used to pay all claims for the payment of money against the corporation; and

(b)  the remainder of the assets of the corporation shall be distributed among the owners in the same proportions as the proportions of their common interests. 1998, c. 19, s. 129.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 129 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 112)

Distribution of assets

129 When the owners and the property cease to be governed by this Act, then, subject to the regulations,

(a)  the assets of the corporation, at the time determined by the regulations, shall be used to pay all claims for the payment of money against the corporation, at the time determined by the regulations;

(b)  the remainder of the assets of the corporation, at the time determined by the regulations, shall be distributed among the owners, at the time determined by the regulations, in the same proportions as the proportions of their common interests; and

(c)  the other consequences, if any, that are prescribed and that relate to the assets shall come into effect. 2015, c. 28, Sched. 1, s. 112.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 112 - not in force

PART IX
ENFORCEMENT

Inspector

130 (1) Upon application by the corporation, a lessor of a leasehold condominium corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order appointing an inspector to,

(a)  investigate the items that the declarant is required to give to the board under subsections 43 (4), (5) and (7);

(b)  investigate the corporation’s records mentioned in subsection 55 (1);

(c)  investigate the affairs of a person mentioned in subsection 115 (1); or

(d)  conduct an audit of the accounts and records mentioned in section 43, 55 or 115. 1998, c. 19, s. 130 (1); 2000, c. 26, Sched. B, s. 7 (7).

Grounds for order

(2) The court may make the order if it is satisfied that the application is made in good faith and that the order is in the best interests of the applicant. 1998, c. 19, s. 130 (2).

Application of Public Inquiries Act, 2009

(3) Those provisions of section 33 of the Public Inquiries Act, 2009 that the order states apply to the inspector’s investigation or audit. 2009, c. 33, Sched. 6, s. 48.

Contents of order

(4) In the order, the court,

(a)  shall require the inspector to make a written report within a specified time to the applicant for the order and to the corporation on the activities that the order requires the inspector to perform; and

(b)  may make an order as to the costs of the investigation or audit or any other matter as it deems proper. 1998, c. 19, s. 130 (4).

Summary of report

(5) The board shall send a summary of the report to the owners. 1998, c. 19, s. 130 (5).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2009, c. 33, Sched. 6, s. 48 - 1/06/2011

Administrator

131 (1) Upon application by the corporation, a lessor of a leasehold condominium corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order appointing an administrator for a corporation under this Act if at least 120 days have passed since a turn-over meeting has been held under section 43. 1998, c. 19, s. 131 (1); 2000, c. 26, Sched. B, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 131 (1) of the Act is amended by adding “subject to the regulations” after “if”. (See: 2015, c. 28, Sched. 1, s. 113)

Grounds for order

(2) The court may make the order if the court is of the opinion that it would be just or convenient, having regard to the scheme and intent of this Act and the best interests of the owners. 1998, c. 19, s. 131 (2).

Contents of order

(3) The order shall,

(a)  specify the powers of the administrator;

(b)  state which powers and duties, if any, of the board shall be transferred to the administrator; and

(c)  contain the directions and impose the terms that the court considers just. 1998, c. 19, s. 131 (3).

Application for direction

(4) The administrator may apply to the court for the opinion, advice or direction of the court on any question regarding the management or administration of the corporation. 1998, c. 19, s. 131 (4).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 113 - not in force

Mediation and arbitration

132 (1) Every agreement mentioned in subsection (2) shall be deemed to contain a provision to submit a disagreement between the parties with respect to the agreement to,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (1) of the Act is amended by adding “Subject to subsection (4.1)” at the beginning and by adding “including any question of law or equity” after “with respect to the agreement” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 114 (1))

(a)  mediation by a person selected by the parties unless the parties have previously submitted the disagreement to mediation; and

(b)  unless a mediator has obtained a settlement between the parties with respect to the disagreement, arbitration under the Arbitration Act, 1991,

(i)  60 days after the parties submit the disagreement to mediation, if the parties have not selected a mediator under clause (a), or

(ii)  30 days after the mediator selected under clause (a) delivers a notice stating that the mediation has failed. 1998, c. 19, s. 132 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (2))

Mediation and arbitration

(1) Subject to subsection (6), every agreement mentioned in subsection (2) shall be deemed to contain a provision to submit a disagreement between the parties with respect to the agreement, including any question of law or equity, to mediation and arbitration. 2015, c. 28, Sched. 1, s. 114 (2).

Application

(2) Subsection (1) applies to the following agreements:

1.  An agreement between a declarant and a corporation.

2.  An agreement between two or more corporations.

3.  An agreement described in clause 98 (1) (b) between a corporation and an owner.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (2) of the Act is amended by adding the following paragraph: (See: 2015, c. 28, Sched. 1, s. 114 (3))

3.1  An agreement for sharing as described in section 21.1, if it is prescribed.

4.  An agreement that the corporation has entered into with a condominium management provider or a condominium manager and under which the corporation receives condominium management services. 1998, c. 19, s. 132 (2); 2015, c. 28, Sched. 2, s. 80 (16).

Disagreements on budget statement

(3) The declarant and the board shall be deemed to have agreed in writing to submit a disagreement between the parties with respect to the budget statement described in subsection 72 (6) or the obligations of the declarant under section 75 to mediation and arbitration in accordance with clauses (1) (a) and (b) respectively. 1998, c. 19, s. 132 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (3) of the Act is amended by adding “including any question of law or equity” after “section 75”. (See: 2015, c. 28, Sched. 1, s. 114 (4))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (7))

Disagreement on shared facilities

(3) Subject to the regulations, even if the persons mentioned in section 21.1 have not entered into an agreement described in that section, they shall be deemed to have agreed in writing to submit a disagreement between them with respect to the sharing described in that section, including a disagreement with respect to any question of law or equity, to mediation and arbitration. 2015, c. 28, Sched. 1, s. 114 (7).

Disagreements between corporation and owners

(4) Every declaration shall be deemed to contain a provision that the corporation and the owners agree to submit a disagreement between the parties with respect to the declaration, by-laws or rules to mediation and arbitration in accordance with clauses (1) (a) and (b) respectively. 1998, c. 19, s. 132 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (4) of the Act is amended by adding “Subject to subsection (4.1)” at the beginning and by adding “including a disagreement with respect to any question of law or equity” after “rules”. (See: 2015, c. 28, Sched. 1, s. 114 (5))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (7))

Disagreements on budget matters

(4) The declarant and the board shall be deemed to have agreed in writing to submit a disagreement between the parties with respect to the budget statement described in subsection 72 (6), the budget mentioned in subsection 83.1 (3) or the obligations of the declarant under section 75, including any question of law or equity, to mediation and arbitration. 2015, c. 28, Sched. 1, s. 114 (7).

Non-application

(4.1) Subsections (1) and (4) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2 if the Tribunal has been established under that Part. 2020, c. 14, Sched. 1, s. 18 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (4.1) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 114 (7))

Duty of mediator

(5) A mediator appointed under clause (1) (a) shall confer with the parties and endeavour to obtain a settlement with respect to the disagreement submitted to mediation. 1998, c. 19, s. 132 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (7))

Disagreements between corporation and owners

(5) Subject to subsection (6), every declaration shall be deemed to contain a provision that the corporation and the owners agree to submit a disagreement between the parties with respect to the declaration, by-laws or rules, including a disagreement with respect to any question of law or equity, to mediation and arbitration. 2015, c. 28, Sched. 1, s. 114 (7).

Fees and expenses

(6) Each party shall pay the share of the mediator’s fees and expenses that,

(a)  the settlement specifies, if a settlement is obtained; or

(b)  the mediator specifies in the notice stating that the mediation has failed, if the mediation fails. 1998, c. 19, s. 132 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (6) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (7))

Non-application

(6) Subsections (1) and (5) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2 if the Tribunal has been established under that Part. 2015, c. 28, Sched. 1, s. 114 (7).

Record of settlement

(7) Upon obtaining a settlement between the parties with respect to the disagreement submitted to mediation, the mediator shall make a written record of the settlement which shall form part of the agreement or matter that was the subject of the mediation. 1998, c. 19, s. 132 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (7) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (7))

Process

(7) If parties to a disagreement are deemed, under this section, to submit the disagreement to one or both of mediation and arbitration or if a party who is entitled under this Act to submit a disagreement to mediation or arbitration submits the disagreement to mediation or arbitration, the mediation and arbitration shall be conducted in accordance with the process that is prescribed unless,

(a)  the parties agree in writing to a different process;

(b)  a by-law of the corporation made under clause 56 (1) (o) specifies a different process, if the disagreement is a disagreement described in that clause; or

(c)  a by-law of the corporation made under clause 56 (1) (q) specifies a different process, if the disagreement is a disagreement described in that by-law. 2015, c. 28, Sched. 1, s. 114 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 132 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 1, s. 18 (2))

No order for permanent removal of person

(8) If a disagreement is submitted to arbitration under this section, the arbitral tribunal shall not make an award requiring a person to vacate a property permanently. 2020, c. 14, Sched. 1, s. 18 (2).

Copy of arbitration award

(9) If a matter is submitted to arbitration under this section, the arbitral tribunal that makes an award as part of the arbitration shall ensure that a copy of the award is delivered to the following person or body within the prescribed time period and in accordance with the regulations:

1.  The board of the condominium authority, if the authority exists.

2.  The Minister, if there is no condominium authority. 2020, c. 14, Sched. 1, s. 18 (2).

Same, copy for public

(10) Upon receiving a copy described in subsection (9), the board of the condominium authority or the Minister, as the case may be, shall make it available to the public in the prescribed manner. 2020, c. 14, Sched. 1, s. 18 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 132 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 114 (8))

Payment of award on disagreements between corporation and owners

(11) If a disagreement on a matter described in subsection (5) is submitted to arbitration under this section and an arbitral tribunal under the arbitration makes an order for compensation or costs, then, unless the corporation and the owner who is a party to the arbitration agree in writing otherwise,

(a)  the party against whom the tribunal makes the order shall pay the amount of the order within 30 days, unless the order specifies another time limit;

(b)  if the order requires the owner to pay compensation or costs to the corporation, the corporation may add the amount of the order to the contribution to the common expenses payable for the owner’s unit; and

(c)  if the order requires the corporation to pay compensation or costs to the owner and the corporation does not pay the amount of the order within the time limit mentioned in clause (a), the owner may set off the amount against the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 114 (8).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 114 (1-5, 7, 8) - not in force; 2015, c. 28, Sched. 1, s. 114 (6) - no effect - see 2020, c. 14, Sched. 1, s. 21 (1) - 14/07/2020; 2015, c. 28, Sched. 2, s. 80 (16) - 01/11/2017

2020, c. 14, Sched. 1, s. 18 (1) - 01/10/2020; 2020, c. 14, Sched. 1, s. 18 (2) - not in force

False, misleading statements

133 (1) A declarant shall not, in a statement or information that the declarant is required to provide under this Act,

(a)  make a material statement or provide material information that is false, deceptive or misleading; or

(b)  omit a material statement or material information that the declarant is required to provide. 1998, c. 19, s. 133 (1).

Right to damages

(2) A corporation or an owner may make an application to the Superior Court of Justice to recover damages from a declarant for any loss sustained as a result of relying on a statement or on information that the declarant is required to provide under this Act if the statement or information,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 133 (2) of the Act is amended by adding “Subject to subsection (3)” at the beginning. (See: 2015, c. 28, Sched. 1, s. 115 (1))

(a)  contains a material statement or material information that is false, deceptive or misleading; or

(b)  does not contain a material statement or material information that the declarant is required to provide. 1998, c. 19, s. 133 (2); 2000, c. 26, Sched. B, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 133 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 115 (2))

Exception

(3) A corporation or owner is not entitled to make an application under subsection (2) to recover damages for a loss if the corporation or owner, as the case may be, is entitled to make an application to recover damages for the loss under subsection 43 (8) or 74 (11). 2015, c. 28, Sched. 1, s. 115 (2).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 115 - not in force

Compliance order

134 (1) Subject to subsection (2), an owner, an occupier of a proposed unit, a corporation, a declarant, a lessor of a leasehold condominium corporation or a mortgagee of a unit may make an application to the Superior Court of Justice for an order enforcing compliance with any provision of this Act, the declaration, the by-laws, the rules or an agreement between two or more corporations for the mutual use, provision or maintenance or the cost-sharing of facilities or services of any of the parties to the agreement. 1998, c. 19, s. 134 (1); 2000, c. 26, Sched. B, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 134 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 116 (1))

Compliance order

(1) Subject to subsections (2), (2.1) and (2.4), an owner, an occupier of a proposed unit, a corporation, a declarant, a lessor of a leasehold condominium corporation or a mortgagee of a unit may make an application to the Superior Court of Justice for an order enforcing compliance with any provision of,

(a)  this Act, the declaration, the by-laws or the rules; or

(b)  an agreement that two or more corporations have entered into to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services. 2015, c. 28, Sched. 1, s. 116 (1).

Pre-condition for application

(2) If the mediation and arbitration processes described in section 132 are required, a person is not entitled to apply for an order under subsection (1) until the person has failed to obtain compliance through using those processes. 1998, c. 19, s. 134 (2); 2015, c. 28, Sched. 1, s. 116 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 134 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 1, s. 19 (1))

Notice to owner

(2.1) Subject to subsections (2.2) and (2.3), a person is not entitled to apply for an order requiring an occupier of an owner’s unit or any or all of the invitees, agents and employees of the owner or occupier to vacate a property permanently unless the applicant gives reasonable notice of the application to the owner. 2020, c. 14, Sched. 1, s. 19 (1).

Service of notice

(2.2) Despite subsection 47 (4), if the applicant is not the corporation, the applicant shall give the notice in the prescribed manner. 2020, c. 14, Sched. 1, s. 19 (1).

Exception, no notice

(2.3) An applicant is not required to give the notice described in subsection (2.1) in the event of the circumstances that are prescribed, which may include an emergency or other event. 2020, c. 14, Sched. 1, s. 19 (1).

Non-application

(2.4) This section does not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2, if the Tribunal has been established under that Part. 2020, c. 14, Sched. 1, s. 19 (2).

Contents of order

(3) On an application, the court may, subject to subsection (4),

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 134 (3) of the Act is amended by striking out “subject to subsection (4)” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 116 (4))

(a)  grant the order applied for;

(b)  require the persons named in the order to pay,

(i)  the damages incurred by the applicant as a result of the acts of non-compliance, and

(ii)  the costs incurred by the applicant in obtaining the order; or

(c)  grant such other relief as is fair and equitable in the circumstances. 1998, c. 19, s. 134 (3).

Order terminating lease

(4) The court shall not, under subsection (3), grant an order terminating a lease of a unit for residential purposes unless the court is satisfied that,

(a)  the lessee is in contravention of an order that has been made under subsection (3); or

(b)  the lessee has received a notice described in subsection 87 (1) and has not paid the amount required by that subsection. 1998, c. 19, s. 134 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 134 (4) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 116 (5))

Addition to common expenses

(5) If a corporation obtains an award of damages or costs in an order made against an owner or occupier of a unit, the damages or costs, together with any additional actual costs to the corporation in obtaining the order, shall be added to the common expenses for the unit and the corporation may specify a time for payment by the owner of the unit. 1998, c. 19, s. 134 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 134 (5) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 116 (5))

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 116 (1, 4, 5) - not in force; 2015, c. 28, Sched. 1, s. 116 (3) - no effect - see 2020, c. 14, Sched. 1, s. 21 (2) - 14/07/2020; 2015, c. 28, Sched. 1, s. 116 (2) - 01/11/2017

2020, c. 14, Sched. 1, s. 19 (1) - not in force; 2020, c. 14, Sched. 1, s. 19 (2) - 01/10/2020

Compliance order of Registrar

134.1 (1) The Registrar may propose to make an order directing a person to comply with subsection 1.30 (6), any provision of Part II.1 or subsection 132 (9) if the Registrar believes on reasonable grounds that the person has contravened those provisions. 2015, c. 28, Sched. 1, s. 117.

Notice

(2) If the Registrar proposes to make an order under subsection (1), the Registrar shall serve notice of the proposed order, together with written reasons, on the person. 2015, c. 28, Sched. 1, s. 117.

Right to hearing

(3) The notice shall state that the person is entitled to a hearing by the Licence Appeal Tribunal if the person mails or delivers, within 15 days after the notice is served, a notice in writing requiring a hearing to the Registrar and the Tribunal. 2015, c. 28, Sched. 1, s. 117.

If no hearing

(4) If the person does not require a hearing in accordance with subsection (3), the Registrar may make the order. 2015, c. 28, Sched. 1, s. 117.

Hearing

(5) If the person requires a hearing in accordance with subsection (3), the Licence Appeal Tribunal shall hold the hearing and may order the Registrar to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Registrar. 2015, c. 28, Sched. 1, s. 117.

Conditions

(6) The Licence Appeal Tribunal may attach the conditions to its order that it considers proper. 2015, c. 28, Sched. 1, s. 117.

Parties

(7) The Registrar and the person who has required the hearing and all other persons that the Licence Appeal Tribunal specifies are parties to proceedings before the Tribunal under this section. 2015, c. 28, Sched. 1, s. 117.

Decision final

(8) A decision of the Licence Appeal Tribunal under subsection (5) is final and not subject to appeal to the Divisional Court. 2015, c. 28, Sched. 1, s. 117.

Notice to owners

(9) If a compliance order is made against a corporation or a director or officer of a corporation under this section and there is no possibility of it being replaced under subsection (5), the corporation shall give notice of the order to the owners in the manner prescribed. 2015, c. 28, Sched. 1, s. 117.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 117 - 01/01/2018

Service under s. 134.1

134.2 (1) A notice or order required to be given or served by the Registrar under section 134.1 is sufficiently given or served if it is,

(a)  delivered personally;

(b)  sent by registered mail; or

(c)  sent by another manner, if the Registrar can prove receipt of the notice or order. 2015, c. 28, Sched. 1, s. 117.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. 2015, c. 28, Sched. 1, s. 117.

Exception

(3) Despite subsection (1), the Licence Appeal Tribunal may order any other method of service. 2015, c. 28, Sched. 1, s. 117.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 117 - 01/01/2018

Oppression remedy

135 (1) An owner, a corporation, a declarant or a mortgagee of a unit may make an application to the Superior Court of Justice for an order under this section. 1998, c. 19, s. 135 (1); 2000, c. 26, Sched. B, s. 7 (7).

Grounds for order

(2) On an application, if the court determines that the conduct of an owner, a corporation, a declarant or a mortgagee of a unit is or threatens to be oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant, it may make an order to rectify the matter. 1998, c. 19, s. 135 (2).

Contents of order

(3) On an application, the judge may make any order the judge deems proper including,

(a)  an order prohibiting the conduct referred to in the application; and

(b)  an order requiring the payment of compensation. 1998, c. 19, s. 135 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 05/05/2001

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 28, Sched. 1, s. 118)

Order for permanent removal of person

135.1 (1) Despite subsections 134 (3) and 135 (3), the court shall not, under either of those subsections, make an order that requires a person to vacate a property permanently unless the court is satisfied that,

(a)  the person is in contravention of subsection 117 (1) and poses a serious risk,

(i)  to the health and safety of an individual, or

(ii)  of damage to the property or the assets, if any, of the corporation;

(b)  in respect of an order under subsection 134 (3), on the basis of the person’s acts of non-compliance,

(i)  the person is unsuited for the communal occupation of the property or the communal use of the property, and

(ii)  no other order will be adequate to enforce compliance; or

(c)  in respect of an order under subsection 135 (3), on the basis of the person’s conduct,

(i)  the person is unsuited for the communal occupation of the property or the communal use of the property, and

(ii)  no other order will be adequate to prohibit the conduct. 2015, c. 28, Sched. 1, s. 118.

Exception

(2) A person is not entitled to apply for an order described in subsection (1) against a tenant of a unit if the person is a landlord, within the meaning of the Residential Tenancies Act, 2006, in respect of the unit. 2015, c. 28, Sched. 1, s. 118.

Addition to common expenses

(3) If a corporation obtains an award of damages, compensation or costs against an owner or occupier of a unit in an order made under subsection 134 (3) or 135 (3), the damages, compensation or costs, together with any additional actual costs to the corporation in obtaining the order, shall be added to the contribution to the common expenses payable for the unit. 2015, c. 28, Sched. 1, s. 118.

Additional costs of owner

(4) If an owner of a unit obtains an award of damages, compensation or costs against a corporation in an order made under subsection 134 (3) or 135 (3), the owner is entitled to recover from the corporation the amount of the award, together with any additional actual costs to the owner in obtaining the order. 2015, c. 28, Sched. 1, s. 118.

Set-off against common expenses

(5) If the corporation does not pay the amount an owner is entitled to under subsection (4) within the prescribed time, the owner may set off the amount against the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 118.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 118 - not in force

No termination of tenancy

135.2 (1) Nothing in this Act permits the termination of a tenancy governed by subsection 37 (1) of the Residential Tenancies Act, 2006. 2015, c. 28, Sched. 1, s. 118.

Same

(2) An order described in subsection 135.1 (1) is not an order for the termination of a tenancy described in subsection (1). 2015, c. 28, Sched. 1, s. 118.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 118 - not in force

Other remedies

136 Unless this Act specifically provides the contrary, nothing in this Act restricts the remedies otherwise available to a person for the failure of another to perform a duty imposed by this Act. 1998, c. 19, s. 136.

Offences, condominium authority

136.1 (1) If the condominium authority knowingly contravenes this Act or the regulations, the authority is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2015, c. 28, Sched. 1, s. 119.

Individuals

(2) A director, officer, employee or agent of the condominium authority who knowingly contravenes this Act or the regulations is guilty of an offence. 2015, c. 28, Sched. 1, s. 119.

Directors and officers

(3) A director or officer of the condominium authority is guilty of an offence if the person,

(a)  knowingly causes, authorizes, permits or participates in the commission by the authority of an offence mentioned in subsection (1); or

(b)  fails to take reasonable care to prevent the authority from committing an offence mentioned in subsection (1). 2015, c. 28, Sched. 1, s. 119.

Penalty

(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues. 2015, c. 28, Sched. 1, s. 119.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 119 - 01/09/2017

Offences, filings and assessments

136.2 (1) A person is guilty of an offence if the person,

(a)  contravenes section 9.4, except if the person did not knowingly do so and, in the exercise of reasonable diligence, could not have known that the person was contravening that section; or

(b)  contravenes or fails to comply with subsection 1.30 (6) or any provision of Part II.1, other than section 9.4. 2015, c. 28, Sched. 1, s. 120.

Directors and officers

(2) It is an offence for a director or officer of a corporation to fail to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1), whether or not the corporation has been prosecuted or convicted. 2015, c. 28, Sched. 1, s. 120.

Penalty

(3) A person convicted of an offence under this section is liable to a fine of,

(a)  not more than $50,000, if the person is a corporation; or

(b)  not more than $25,000, if the person is not a corporation. 2015, c. 28, Sched. 1, s. 120.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 120 - 01/09/2017

Offences

137 (1) Every corporation under this Act or any other Act and every other person who knowingly contravenes subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 81, subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection 147 (1), (3), 152 (1), (2) or 161 (2) or section 169 is guilty of an offence and on conviction is liable to a fine of,

(a)  not more than $100,000, if the person is a corporation within the meaning of this Act or any other Act; or

(b)  not more than $25,000, if the person is not a corporation within the meaning of this Act or any other Act. 1998, c. 19, s. 137 (1).

Directors and officers

(2) It is an offence for a director or officer of a corporation within the meaning of this Act or any other Act to knowingly cause, authorize, permit, participate in or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). 1998, c. 19, s. 137 (2).

Limitation

(3) No proceeding under this section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act. 2006, c. 34, s. 7.

Compliance order

(4) The court hearing the proceeding may make an order requiring a person convicted of an offence to comply with the provisions of the Act that the person has contravened, if the court has competent jurisdiction to make the order. 1998, c. 19, s. 137 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 137 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 121)

Offences, general

137 (1) A corporation under this Act or any other Act and any other person or entity that contravenes or fails to comply with subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 72.1 or 81, subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection 147 (1), (3), 152 (1), (2) or 161 (2), section 169 or a regulation made under paragraph 4.1 of subsection 177 (1) is guilty of an offence. 2015, c. 28, Sched. 1, s. 121.

Directors and officers

(2) An officer or director of a corporation within the meaning of this Act or any other Act who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1), is guilty of an offence, whether or not the corporation has been prosecuted or convicted. 2015, c. 28, Sched. 1, s. 121.

Other individuals

(3) Any of the following individuals who act on behalf of an entity and who fail to take reasonable care to prevent the entity from committing an offence mentioned in subsection (1), are guilty of an offence, whether or not the entity has been prosecuted or convicted:

1.  A partner or general manager and assistant general manager of an entity that is a partnership.

2.  Any other individual designated for the purpose of this subsection by a by-law or resolution of any entity.

3.  Any other individual who performs functions normally performed by an individual described in paragraph 2. 2015, c. 28, Sched. 1, s. 121.

Penalties

(4) A person who is convicted of an offence under subsection (1), (2) or (3) is liable to,

(a)  a fine of not more than $250,000, if the person is a corporation within the meaning of this Act or any other Act; or

(b)  a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, if the person is an individual. 2015, c. 28, Sched. 1, s. 121.

Limitation

(5) No proceeding under this section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of Consumer and Business Services Act. 2015, c. 28, Sched. 1, s. 121.

Compliance order

(6) The court hearing the proceeding may make an order requiring a person convicted of an offence to comply with the provisions of this Act that the person has contravened, if the court has competent jurisdiction to make the order. 2015, c. 28, Sched. 1, s. 121.

Orders for compensation, restitution

(7) If a corporation under this Act or any other Act or any other person is convicted of an offence under subsection (1) or (2), the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution. 2015, c. 28, Sched. 1, s. 121.

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 7 - 20/12/2006

2015, c. 28, Sched. 1, s. 121 - not in force

PART X
COMMON ELEMENTS CONDOMINIUM CORPORATIONS

Creation

138 (1) Subject to the regulations, a declarant may register a declaration and description that create common elements but do not divide the land into units. 1998, c. 19, s. 138 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Type

(2) The type of corporation created by the registration of a declaration and description under subsection (1) shall be known as a common elements condominium corporation. 1998, c. 19, s. 138 (2).

Requirements for registration

(3) A declaration and description for a common elements condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a vacant land condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 138 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 138 (3) of the Act is amended by striking out “or, except as provided in the regulations made under this Act, a phased condominium corporation” at the end. (See: 2015, c. 28, Sched. 1, s. 122 (1))

Application

(4) Subject to this Part and the regulations, Parts I to IX, XI and XIV apply with necessary modifications to a common elements condominium corporation, except that,

(a)  references to a unit or a proposed unit shall be deemed to be references to a common interest in the corporation or a proposed common interest in the corporation, respectively;

(b)  references to a mortgagee of a unit shall be deemed to be references to a mortgagee of a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1); and

(c)  references to a common interest appurtenant to a unit shall be deemed to be references to a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1). 1998, c. 19, s. 138 (4); 2015, c. 28, Sched. 1, s. 122 (2).

Other corporations

(5) This Part does not apply to a corporation that is not a common elements condominium corporation. 1998, c. 19, s. 138 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 122 (1) - not in force; 2015, c. 28, Sched. 1, s. 122 (2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Owners’ land

139 (1) A declaration for a common elements condominium corporation shall not be registered unless each of the owners of a common interest in the corporation,

(a)  also owns the freehold estate in a parcel of land,

(i)  that is not included in the land described in the description,

(ii)  that, subject to the regulations, is situated within the boundaries of the land titles and registry divisions of the land registry office in which the description of the corporation is registered, and

(iii)  to which the Land Titles Act applies or for which a certificate of title has been registered under the Certification of Titles Act as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force; and

(b)  has signed a certificate in a form prescribed by the Minister stating the owner consents to the registration of the declaration and the notice described in subclause (2) (b) (i). 1998, c. 19, s. 139 (1); 2009, c. 33, Sched. 17, s. 4; 2015, c. 28, Sched. 1, s. 146 (1).

Non-severable from common interest

(2) Upon the registration of a declaration and description for a common elements condominium corporation,

(a)  the common interest of an owner in the corporation attaches to the owner’s parcel of land; and

(b)  the declarant shall register against each owner’s parcel of land,

(i)  a notice in the form prescribed by the Minister that sets out the information contained in clause (a), and

(ii)  a copy of the certificate described in clause (1) (b). 1998, c. 19, s. 139 (2).

Division of parcel

(3) Subject to the regulations, if an owner’s parcel of land is divided into two or more new parcels, the owners of the new parcels are joint owners of the common interest attached to the original parcel. 1998, c. 19, s. 139 (3); 2015, c. 28, Sched. 1, s. 146 (1).

Common interest preserved

(4) Despite any other Act, upon the sale of the parcel of land of an owner in a common elements condominium corporation or the enforcement of an encumbrance registered against the parcel, the common interest of the owner in the corporation is not terminated or severed from the parcel, but continues to be attached to the parcel. 1998, c. 19, s. 139 (4).

Lien

(5) If an owner defaults in the obligation to contribute to the common expenses of a common elements condominium corporation, the corporation has a lien against the owner’s parcel of land. 1998, c. 19, s. 139 (5).

Same

(6) The lien is a lien for the purposes of sections 85 and 86. 1998, c. 19, s. 139 (6).

Priority of lien

(7) Despite section 86, the lien does not have priority over an encumbrance registered against an owner’s parcel of land before the common interest of the owner attached to it unless the encumbrancer agrees in writing otherwise. 1998, c. 19, s. 139 (7).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 17, s. 4 - 15/12/2009

2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Contents of declaration

140 In addition to the requirements of subsection 7 (2), a declaration for a common elements condominium corporation shall contain,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 140 of the Act is amended by adding “and subject to the regulations” after “subsection 7 (2)” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 123)

(a)  a statement that the common elements are intended for the use and enjoyment of the owners;

(b)  a legal description of the parcels of land mentioned in subsection 139 (1); and

(c)  all other material that the regulations require. 1998, c. 19, s. 140; 2015, c. 28, Sched. 1, s. 146 (1).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 123 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Contents of description

141 Clauses 8 (1) (c), (d), (f) and 8 (3) (b) do not apply to a description for a common elements condominium corporation. 1998, c. 19, s. 141.

Subdivision control

142 Section 50 of the Planning Act does not apply in respect of dealings with common interests in a common elements condominium corporation. 1998, c. 19, s. 142.

Disclosure statement

143 In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain,

(a)  a statement that the common interest attaches to the owner’s parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel; and

(b)  all other material that the regulations made under this Act require. 1998, c. 19, s. 143.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 143 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 124)

Disclosure statement

143 In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain a statement that the common interest attaches to the owner’s parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel. 2015, c. 28, Sched. 1, s. 124.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 124 - not in force

Repair after damage and insurance

144 (1) Sections 89 and 90 and clauses 91 (a) and (d) do not apply to a common elements condominium corporation. 1998, c. 19, s. 144 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 144 (1) of the Act is amended by striking out “(d)” and substituting “(c)”. (See: 2015, c. 28, Sched. 1, s. 125 (1))

Repair after damage and maintenance

(2) Subject to clauses 91 (b) and (c) and section 123, the corporation shall repair and replace the common elements after damage or failure and shall maintain them. 1998, c. 19, s. 144 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 144 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 125 (2))

Repair and maintenance

(2) Subject to sections 91 and 123, the corporation shall repair the common elements and the assets, if any, of the corporation and shall maintain them. 2015, c. 28, Sched. 1, s. 125 (2).

Insurance

(3) References to a unit in sections 99 to 105 shall be deemed not to apply to a common elements condominium corporation. 1998, c. 19, s. 144 (3).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 125 - not in force

PART XI
PHASED CONDOMINIUM CORPORATIONS

Type of corporation

145 (1) Subject to the regulations, the declarant may create additional units or common elements in a corporation in accordance with this Part after the registration of the declaration and description if,

(a)  the corporation is a freehold condominium corporation;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 145 (1) (a) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 126 (1))

(b)  except as provided in the regulations made under this Act, the corporation is not a vacant land condominium corporation or a common elements condominium corporation;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 145 (1) (b) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 126 (1))

(c)  the declaration indicates that the corporation is a phased condominium corporation;

(d)  the description contains a legal description of the land that will be the servient tenement within the meaning of section 151; and

(e)  the board has been elected at a meeting of owners held at a time when the declarant did not own a majority of the units. 1998, c. 19, s. 145 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Type of corporation

(2) A corporation that meets the criteria described in subsection (1) shall be known as a phased condominium corporation. 1998, c. 19, s. 145 (2).

Definition

(3) In this Part,

“phase” means the additional units and common elements in a phased condominium corporation that are created in accordance with this Part upon the registration of an amendment to both the declaration and description. 1998, c. 19, s. 145 (3).

Application

(4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a phased condominium corporation. 1998, c. 19, s. 145 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 126 (2))

Application

(4) Subject to this Part, the other Parts of this Act apply with necessary modifications to a phased condominium corporation unless those other Parts specifically provide that they do not apply to a particular type of phased condominium corporation. 2015, c. 28, Sched. 1, s. 126 (2).

Same

(5) For the purposes of subsection (4), a reference to the registration of the declaration and description in section 13, subsection 14 (1), 22 (4), 56 (11), 58 (9), 78 (1), 80 (6), 122 (1) or (2), 124 (2) or (3), 127 (1) or (2) shall be deemed, if applicable, to be a reference to the registration of the amendments to the declaration and description required for creating a phase. 1998, c. 19, s. 145 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 145 (5) of the Act is amended by adding “subsection 2 (2.1)” after “description in”. (See: 2015, c. 28, Sched. 1, s. 126 (3))

Other corporations

(6) This Part does not apply to a corporation that is not a phased condominium corporation. 1998, c. 19, s. 145 (6).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 126 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Creation of phase

146 (1) A phase that contains units may be created only in the blocks of numbers of units, during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (1).

Phase containing common elements

(2) A phase that contains common elements may be created only during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (2).

Method of creation

(3) To create a phase, the declarant shall register an amendment to both the declaration and description. 1998, c. 19, s. 146 (3).

Amendment to declaration

(4) The amendment to the declaration required for creating a phase shall include,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 146 (4) of the Act is amended by adding “Subject to the regulations” at the beginning of the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 127 (1))

(a)  the consent of every person having a registered mortgage against the land included in the phase or interests appurtenant to the land, as the land and the interests are described in the amendment to the description required for creating the phase;

(b)  a statement of the proportions, expressed in percentages, of the common interests appurtenant to the units in the corporation after the creation of the phase;

(c)  a statement of the proportions, expressed in percentages allocated to the units in the corporation, in which the owners after the creation of the phase are to contribute to the common expenses;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 146 (4) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 127 (2))

(c.1)  a statement of how the proportions mentioned in clauses (b) and (c) are determined;

(d)  a specification of all parts of the common elements contained in the phase that are to be used by the owners of one or more designated units and not by all the owners;

(e)  a statement of all conditions that the approval authority, in approving or exempting under section 9 the amendment to the description required for creating the phase, requires the amendment to the declaration to mention; and

(f)  all other material that the regulations require. 1998, c. 19, s. 146 (4); 2015, c. 28, Sched. 1, s. 146 (1).

Amendment to description

(5) The amendment to the description required for creating a phase shall include,

(a)  the material mentioned in subsection 8 (1) prepared with respect to the phase;

(b)  a legal description of the land that will be the servient tenement within the meaning of section 151; and

(c)  all other material that the regulations require. 1998, c. 19, s. 146 (5); 2015, c. 28, Sched. 1, s. 146 (1).

Same

(6) Subsection 8 (2) and clause 8 (3) (b) apply with necessary modifications to the amendment. 1998, c. 19, s. 146 (6).

Consent of owners not required

(7) Section 107 does not apply to amendments to the declaration that comply with subsection (4) or to amendments to the description that comply with subsections (5) and (6). 1998, c. 19, s. 146 (7).

Completion of buildings

(8) The amendments to the declaration and description required for creating a phase shall not be registered unless all facilities and services have been installed or provided as the municipality in which the land of the corporation is situated, or the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, determines are necessary to ensure the independent operation of the corporation if no subsequent phases are created. 1998, c. 19, s. 146 (8).

Security

(9) Despite subsection (8), a declarant may register the amendments to the declaration and description required for creating a phase, even though certain facilities and services have not been installed or provided, if the municipality or the Minister of Municipal Affairs and Housing, as the case may be, agrees that the declarant provide to a specified person a bond or other security that is sufficient to ensure the installation or provision of the facilities and services. 1998, c. 19, s. 146 (9).

Partial release

(10) The person holding the bond or other security may provide a partial release of it to the declarant with the consent of the municipality or the Minister of Municipal Affairs and Housing, as the case may be. 1998, c. 19, s. 146 (10).

Full release

(11) The person holding the bond or other security shall not release it in full until,

(a)  all the facilities and services covered by the bond, or other security have been installed or provided in accordance with the regulations; and

(b)  the municipality or the Minister of Municipal Affairs and Housing, as the case may be, consents. 1998, c. 19, s. 146 (11); 2015, c. 28, Sched. 1, s. 146 (1).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 127 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Disclosure statement

147 (1) In addition to the requirements of subsection 72 (3), a disclosure statement for a unit or a proposed unit in a phased condominium corporation shall contain,

(a)  a statement whether the declarant intends to create one or more phases after the creation of the unit or proposed unit;

(b)  a statement that the declarant is not required to create a phase after the creation of the unit or proposed unit;

(c)  a statement that sets out the projected year of registration of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the unit or proposed unit;

(d)  a statement that sets out, for each phase that the declarant intends to create after the creation of the unit or proposed unit,

(i)  the approximate number of the units included in the phase and a legal description of the land included in the phase,

(ii)  the approximate location of the buildings and structures to be contained in the phase and a description of the facilities and services to be contained in the phase,

(iii)  a statement of the proportions, expressed in percentages, of the common interests and common expenses attributable to the units after the creation of the phase,

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 147 (1) (d) (iii) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 128 (1))

(iii)  the statements described in clauses 146 (4) (b) and (c),

(iii.1)  the statement described in clause 146 (4) (c.1),

(iv)  a statement of the facilities and services that the owners will share after the creation of the phase, and

(v)  a statement that there are no representations with respect to the quality of materials or appearance of buildings other than those specifically set out as representations in the disclosure statement; and

(e)  all other material that the regulations made under this Act require. 1998, c. 19, s. 147 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 147 (1) of the Act is amended by adding “and” at the end of clause (c), by striking out “and” at the end of subclause (d) (v) and by repealing clause (e). (See: 2015, c. 28, Sched. 1, s. 128 (2))

Not material changes

(2) A change in the matters described in subclause (1) (d) (i) and a change in the matters described in subclause (1) (d) (iii) if it is the result only of a change in the number of units included in the phase shall be deemed not to be a material change within the meaning of section 74. 1998, c. 19, s. 147 (2).

No merger of statements

(3) The statements described in clause (1) (d) and made by a declarant in a disclosure statement with respect to a phase that is created after the creation of the unit or proposed unit to which the disclosure statement related are enforceable against the declarant and shall be deemed not to merge by operation of law when a deed that is in registerable form is delivered to the purchaser of the unit or proposed unit. 1998, c. 19, s. 147 (3).

Obligations for phase

(4) If a unit or proposed unit is part of a phase,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 147 (4) of the Act is amended by adding “subject to the regulations” after “phase” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 128 (3))

(a)  a reference to the registration of the declaration and description in subsection 72 (3) or (6), 74 (2) or 75 (1) shall be deemed to be a reference to the registration of the amendments to the declaration and description required for creating the phase; and

(b)  the reference in subsection 75 (2) to the termination of an agreement under section 111 or 112 shall be deemed to be a reference to the termination of an agreement under section 111 or 112 that affects the property contained in the phase. 1998, c. 19, s. 147 (4).

Copy of disclosure statement

(5) Within 15 days of registering the amendments to the declaration and description required for creating a phase, the declarant shall send to the corporation a copy of the most current disclosure statement delivered to the purchasers of units in the phase. 1998, c. 19, s. 147 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 128 - not in force

Status certificate

148 In addition to the requirements of subsection 76 (1), a status certificate for a unit in a phased condominium corporation shall contain a copy of the disclosure statement that the corporation has received from the declarant under subsection 147 (5) with respect to the phase that contains the unit unless the declarant,

(a)  has completed all phases described in the disclosure statement; and

(b)  no longer owns any of the units in the phases except for the part of the property designed to control, facilitate or provide telecommunications to, from or within the property. 1998, c. 19, s. 148.

Corporation’s remedy

149 (1) The declarant shall not register the amendments to the declaration and description required for creating a phase until at least 60 days after delivering to the corporation,

(a)  a copy of the disclosure statement delivered to a purchaser of a unit in the corporation most recently before the registration of the declaration and description;

(b)  a copy of the proposed amendments to the declaration and description required for creating the phase; and

(c)  a statement specifying all differences between the proposed amendments to the declaration and description required for creating the phase and the following matters with respect to the phase that were described in the disclosure statement mentioned in clause (a):

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 149 (1) (c) of the Act is amended by striking out “a statement specifying” at the beginning of the portion before subclause 1 and substituting “a statement that is prepared in accordance with the regulations and that specifies”. (See: 2015, c. 28, Sched. 1, s. 129)

1.  The matters described in subclauses 147 (1) (d) (ii) and (iv).

2.  The matters described in subclause 147 (1) (d) (iii) if they differ from the proposed amendments to the declaration and description required for creating the phase for a reason other than a change in the number of units included in the phase. 1998, c. 19, s. 149 (1).

Application for injunction

(2) Before the earlier of the registration date of the proposed amendments to the declaration and description required for creating a phase and 60 days after receiving the documents described in clauses (1) (a), (b) and (c), the corporation may make an application to the Superior Court of Justice for an injunction to prevent the registration if any of the differences described in clause (1) (c) are material and detrimentally affect the corporation or the use and enjoyment of the property by the owners. 1998, c. 19, s. 149 (2); 2000, c. 26, Sched. B, s. 7 (7).

Grounds for injunction

(3) If the court is satisfied that the grounds for the application exist, it may grant the injunction or award damages to the corporation. 1998, c. 19, s. 149 (3).

Contents of order

(4) The court may include in the order all provisions that it considers appropriate in the circumstances. 1998, c. 19, s. 149 (4).

Restriction on declarant

(5) If the corporation makes an application for an injunction under subsection (2), the declarant is not entitled to register a declaration and description to create a corporation on the land to be included in the phase, instead of registering the amendments required for creating the phase, unless 120 days have passed after the court has made a final disposition of the application for the injunction. 1998, c. 19, s. 149 (5).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 129 - not in force

Remedy of purchasers

150 (1) Within 15 days of registering the amendments to the declaration and description required for creating a phase, the declarant shall send a copy of the amendments to the corporation and the owners. 1998, c. 19, s. 150 (1).

Damages from declarant

(2) A person who purchased a unit or proposed unit in the corporation before the registration of the amendments to the declaration and description required for creating a phase is entitled to recover damages from the declarant for a difference between the following matters disclosed in the disclosure statement delivered to the person and the registered amendments if the difference is material and detrimentally affects the use and enjoyment of the person’s unit:

1.  The matters described in subclauses 147 (1) (d) (ii) and (iv).

2.  The matters described in subclause 147 (1) (d) (iii) if they differ from the registered amendments for a reason other than a change in the number of units included in the phase. 1998, c. 19, s. 150 (2).

Court order

(3) Upon application by the person, the Superior Court of Justice may make an order requiring the declarant to pay to the person the damages to which the person is entitled under subsection (2). 1998, c. 19, s. 150 (3); 2000, c. 26, Sched. B, s. 7 (7).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

Easements

151 (1) Upon registration of a declaration and description for a phased condominium corporation or the amendments to the declaration and description required for creating a phase, the following easements are created, where necessary, for the benefit of the units and common elements:

1.  An easement for the provision of services over the servient tenement.

2.  An easement for support from the servient tenement.

3.  An easement for access to and for the installation and maintenance of the services and facilities that the corporation is entitled to use over the servient tenement.

4.  An easement for access to public roads over the servient tenement. 1998, c. 19, s. 151 (1).

Definition

(2) In subsection (1),

“servient tenement” means the land owned by the declarant that is not included in the phase, including the buildings and structures on the land. 1998, c. 19, s. 151 (2).

Turn-over obligations

152 (1) In addition to the items mentioned in subsection 43 (4), the declarant shall give to the board at the first meeting held under section 43,

(a)  a copy of the statements described in subsection 147 (1); and

(b)  all other material that the regulations require. 1998, c. 19, s. 152 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Obligation upon creation of phase

(2) Upon the registration of the amendments to the declaration and description required for creating a phase, the declarant shall turn over to the board all materials mentioned in subsections (1) and 43 (4) and clauses 43 (5) (a) to (h) and (l) and (m) that relate to the phase and that the declarant has not previously turned over to the board. 1998, c. 19, s. 152 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 152 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 130)

Obligation upon creation of phase

(2) Upon the registration of the amendments to the declaration and description required for creating a phase, the declarant shall turn over to the board the following materials that relate to the phase and that the declarant has not previously turned over to the board:

1.  All materials mentioned in subsections (1) and 43 (4) and clauses 43 (5) (a) to (g) and (l) and (m).

2.  Subject to the regulations, the materials mentioned in clause 43 (5) (h), as that clause read immediately before the day subsection 36 (7) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force. 2015, c. 28, Sched. 1, s. 130.

Non-application of s. 43

(3) Subsections 43 (4) and (5) do not apply to the declarant if the board is required to hold a meeting of owners under section 43 after the declarant has turned over to the board the materials mentioned in subsection (2). 1998, c. 19, s. 152 (3).

Application

(4) The corporation may make an application to the Superior Court of Justice for an order under subsection (5). 1998, c. 19, s. 152 (4); 2000, c. 26, Sched. B, s. 7 (7).

Court order

(5) If the court is satisfied that the declarant is required to comply with subsection (2) and has not done so without reasonable excuse, the court,

(a)  shall order that the declarant pay damages to the corporation for the loss it incurred as a result of the declarant’s acts of non-compliance with subsection (2);

(b)  shall order that the declarant pay the corporation’s costs of the application;

(c)  may order the declarant to pay to the corporation an additional amount not to exceed $10,000; and

(d)  may order the declarant to comply with subsection (2). 1998, c. 19, s. 152 (5).

Election of directors

(6) If, 30 days after the registration of the amendments to the declaration and description required for creating a phase, the declarant owns a majority of the units in the corporation, the board shall, at the request of the declarant, call a meeting of owners to elect a new board which shall hold office until a board is elected as required by subsection 43 (1). 1998, c. 19, s. 152 (6).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 130 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Corporation’s obligations for phase

153 (1) If the declarant registers the amendments to the declaration and description required for creating a phase and the phase contains one or more units for residential purposes, the board shall have a performance audit of the common elements contained in the phase conducted on behalf of the corporation. 1998, c. 19, s. 153 (1).

Application of s. 44

(2) Section 44 applies to the performance audit, except that,

(a)  references in that section to the registration of the declaration and description shall be deemed to be references to the registration of the amendments; and

(b)  references in that section to the common elements shall be deemed to be references to the common elements contained in the phase. 1998, c. 19, s. 153 (2).

Financial statements

(3) Within 90 days of the registration of the amendments to the declaration and description required for creating a phase, the corporation shall have the financial statements required by subsection 66 (2) prepared and sections 66 to 71 apply to them. 1998, c. 19, s. 153 (3).

Reserve fund study

(4) Within the prescribed time following the registration of the amendments to the declaration and description required for creating a phase, the corporation shall conduct a reserve fund study in accordance with section 94 with respect to the phase. 1998, c. 19, s. 153 (4).

Termination of agreements

154 (1) Subject to subsection (2), after the registration of the amendments to the declaration and description required for creating a phase, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services in respect of the property contained in the phase and that the declarant entered into on behalf of the corporation before the registration of the amendments. 2015, c. 28, Sched. 2, s. 80 (17).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (1) of the Act is amended by adding “and despite anything in the declaration, a by-law, an agreement or an instrument” after “subsection (2)”. (See: 2015, c. 28, Sched. 1, s. 131 (1))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (1) of the Act is repealed and the following substituted: This amendment applies only if subsection 131 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force on or before the day subsection 80 (19) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force. (See: 2015, c. 28, Sched. 2, s. 80 (19), (20))

Termination of agreements

(1) Subject to subsection (2) and despite anything in the declaration, a by-law, an agreement or an instrument, after the registration of the amendments to the declaration and description required for creating a phase, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services in respect of the property contained in the phase and that the declarant entered into on behalf of the corporation before the registration of the amendments. 2015, c. 28, Sched. 2, s. 80 (19).

Notice

(2) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the declarant entered into the agreement. 1998, c. 19, s. 154 (2).

Other agreements

(3) Subject to subsection (4) and subsection 112 (5), within 12 months following the first election of the board under section 43 after the registration of the amendments to the declaration and description required for creating a phase, the corporation may, by resolution of the board, terminate an agreement described in subsection 112 (2), that the declarant has entered into on behalf of the corporation before the registration of the amendments and that affects the property contained in the phase. 1998, c. 19, s. 154 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 131 (2))

Other agreements

(3) Subject to subsection (4), subsection 112 (5) and the regulations and despite anything in the declaration, a by-law, an agreement or an instrument, within 12 months following the first election of the board under section 43 after the registration of the amendments to the declaration and description required for creating a phase, the corporation may, by resolution of the board, terminate an agreement described in subsection 112 (2) that the declarant has entered into on behalf of the corporation before the registration of the amendments and that affects the property contained in the phase, other than an agreement mentioned in section 21.1. 2015, c. 28, Sched. 1, s. 131 (2).

Notice

(4) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the declarant entered into the agreement. 1998, c. 19, s. 154 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (4) of the Act is amended by adding “under subsection (1) or (3)” after “To terminate an agreement”. (See: 2015, c. 28, Sched. 1, s. 131 (3))

Note: On a day to be named by proclamation of the Lieutenant Governor, section 154 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 131 (4))

No liability

(4.1) If a corporation terminates an agreement under subsection (1) or (3), the corporation and its directors, officers and owners are not liable for,

(a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees;

(b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or

(c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 131 (4).

Mutual use agreements

(5) If a declarant on behalf of a corporation has entered into an agreement for the mutual use, provision or maintenance or the cost-sharing of facilities or services before the registration of the amendments to the declaration and description required for creating a phase, and the agreement affects the property contained in the phase, any party to the agreement may, within 12 months following the first election of the board under section 43 after the registration of the amendments, make an application to the Superior Court of Justice for an order under subsection (6). 1998, c. 19, s. 154 (5); 2000, c. 26, Sched. B, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 154 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 131 (5))

Shared facilities agreements

(5) If a declarant on behalf of a corporation has entered into an agreement to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services before the registration of the amendments to the declaration and description required for creating a phase and if the agreement affects the property contained in the phase, any party to the agreement may, within 12 months following the first election of the board under section 43 after the registration of the amendments, make an application to the Superior Court of Justice for an order under subsection (6) unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 131 (5).

Court order

(6) The court may make an order described in subsection 113 (3) if the requirements of that subsection are met. 1998, c. 19, s. 154 (6).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001

2015, c. 28, Sched. 1, s. 131 - not in force; 2015, c. 28, Sched. 2, s. 80 (17, 18) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (19, 20) - not in force

PART XII
VACANT LAND CONDOMINIUM CORPORATIONS

Creation

155 (1) Subject to the regulations, a declarant may register a declaration and description that create a corporation in which, at the time of the registration,

(a)  one or more units are not part of a building or structure and do not include any part of a building or structure; and

(b)  none of the units are located above or below any other unit. 1998, c. 19, s. 155 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Type of corporation

(2) The type of corporation created by the registration of declaration and description under subsection (1) shall be known as a vacant land condominium corporation. 1998, c. 19, s. 155 (2).

Requirements for registration

(3) A declaration and description for a vacant land condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a common elements condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 155 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 155 (3) of the Act is amended by striking out “or, except as provided in the regulations made under this Act, a phased condominium corporation” at the end. (See: 2015, c. 28, Sched. 1, s. 132 (1))

Application

(4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a vacant land condominium corporation. 1998, c. 19, s. 155 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 155 (4) of the Act is amended by adding “XI” after “IX”. (See: 2015, c. 28, Sched. 1, s. 132 (2))

Other corporations

(5) This Part does not apply to a corporation that is not a vacant land condominium corporation. 1998, c. 19, s. 155 (5).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 132 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Contents of declaration

156 (1) If a unit in a vacant land condominium corporation is to include a building or structure constructed after the registration of the declaration and description, the declaration may contain restrictions with respect to,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 156 (1) of the Act is amended by adding “subject to the regulations” after “may” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 133)

(a)  the size, location, construction standards, quality of materials and appearance of the building or structure;

(b)  architectural standards and construction design standards of the building or structure;

(c)  the time of commencement and completion of construction of the building or structure; and

(d)  the minimum maintenance requirements for the building or structure. 1998, c. 19, s. 156 (1).

Permitted restrictions

(2) A restriction contained in the declaration shall be consistent with the conditions imposed by the approval authority in approving or exempting the description under section 9. 1998, c. 19, s. 156 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 133 - not in force

Contents of description

157 (1) A description of a vacant land condominium corporation shall contain,

(a)  a plan of survey showing the perimeter of the horizontal surface of the land, the perimeter of the buildings and structures on the common elements and the boundaries of each unit;

(b)  subject to section 158, architectural plans of the buildings and structures included in the common elements and, if there are any, structural plans of them;

(c)  subject to section 158, a certificate of an architect that the buildings included in the common elements have been constructed in accordance with the regulations and, if there are structural plans, a certificate of an engineer that the buildings have been constructed in accordance with the regulations;

(d)  a description of all interests appurtenant to the land that are included in the property; and

(e)  all other material that the regulations require. 1998, c. 19, s. 157 (1); 2001, c. 9, Sched. D, s. 3 (3); 2015, c. 28, Sched. 1, s. 146 (1).

Application

(2) Subsection 8 (1) and clause 8 (3) (b) do not apply to vacant land condominium corporations. 1998, c. 19, s. 157 (2).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. D, s. 3 (3) - 29/06/2001

2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Buildings on common elements

158 (1) A declaration and description of a vacant land condominium corporation that show buildings, structures, facilities and services to be included in the common elements shall not be registered unless,

(a)  all buildings, structures, facilities and services shown in the declaration and description to be included in the common elements have been completed, installed and provided in accordance with the regulations; or

(b)  the declarant provides to a person or body, including an approval authority, specified by the municipality in which the land is situated, or the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a bond or other security that is acceptable to the municipality or the Minister, as the case may be, and that is sufficient to ensure that,

(i)  the buildings and structures will be completed and installed in accordance with the regulations,

(ii)  the facilities and services will be installed and provided, and

(iii)  the items described in clauses 157 (1) (b) and (c) will be included in an amendment to the description. 1998, c. 19, s. 158 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Partial release

(2) The person holding the bond or other security may provide a partial release of it to the declarant with the consent of the municipality or the Minister of Municipal Affairs and Housing, as the case may be. 1998, c. 19, s. 158 (2).

Full release

(3) The person holding the bond or other security shall not release it in full until,

(a)  all the buildings, structures, facilities and services to be included in the common elements have been completed and installed in accordance with the regulations; and

(b)  the declarant has registered an amendment to the description consisting of the items described in clauses 157 (1) (b), (c) and (e). 1998, c. 19, s. 158 (3); 2015, c. 28, Sched. 1, s. 146 (1).

Consent of owners not required

(4) Section 107 does not apply to an amendment to the description if the amendment complies with clause (3) (b). 1998, c. 19, s. 158 (4).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017

Status of buildings in corporation

159 (1) The buildings and structures located on a unit or on the common elements of a vacant land condominium corporation, whether or not the buildings and structures had been constructed at the time of the registration of the declaration and description, are real property and form part of the unit or common elements respectively. 1998, c. 19, s. 159 (1).

Insurance

(2) The corporation is exempt from the obligation to obtain and maintain the insurance described in section 99 for buildings and structures located on a unit. 1998, c. 19, s. 159 (2).

Owner to insure

(3) The owner of a unit shall obtain and maintain the insurance for damage to the unit that, but for subsection (2), the corporation would have had to obtain with respect to the unit. 1998, c. 19, s. 159 (3).

By-laws

160 In addition to the power to make, amend or repeal by-laws under subsection 56 (1), the board of a vacant land condominium corporation may, subject to section 56, make, amend or repeal by-laws, not contrary to the declaration, specifying minimum maintenance requirements for a unit or a building or structure located on a unit. 1998, c. 19, s. 160.

Disclosure statement

161 (1) Before delivering the first disclosure statement and the condominium guide as required by section 72, the declarant with respect to a unit or a proposed unit in a vacant land condominium corporation shall request from the municipality in which the land is situated or from the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a statement of the services provided by the municipality or the Minister, as the case may be, including the construction and maintenance of roads. 1998, c. 19, s. 161 (1); 2015, c. 28, Sched. 1, s. 134 (1).

Contents

(2) In addition to the material required under subsection 72 (3), a disclosure statement relating to the purchase of a unit or a proposed unit in a vacant land condominium corporation shall include,

(a)  whatever statement that the declarant has received from the municipality or the Minister of Municipal Affairs and Housing, as the case may be, in response to a request; and

(b)  all other material that the regulations made under this Act require. 1998, c. 19, s. 161 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 161 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 134 (2))

Contents

(2) In addition to the material required under subsection 72 (3), a disclosure statement relating to the purchase of a unit or a proposed unit in a vacant land condominium corporation shall include whatever statement that the declarant has received from the municipality or the Minister of Municipal Affairs and Housing, as the case may be, in response to a request. 2015, c. 28, Sched. 1, s. 134 (2).

If no statement received

(3) If the declarant has not received any statement in response to a request within 30 days of making it, the disclosure statement shall contain a statement that the declarant has requested a statement under subsection (1) but has not received any statement in response to the request. 1998, c. 19, s. 161 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 161 (3) of the Act is amended by adding “that is prepared in accordance with the regulations and” after “contain a statement”. (See: 2015, c. 28, Sched. 1, s. 134 (3))

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 134 (1) - 01/01/2021; 2015, c. 28, Sched. 1, s. 134 (2, 3) - not in force

Repair and maintenance

162 (1) Subject to the regulations, sections 89, 90, 91 and 92 do not apply to a vacant land condominium corporation. 1998, c. 19, s. 162 (1); 2015, c. 28, Sched. 1, s. 146 (1).

Extent of obligations

(2) For the purpose of this section, the obligation to repair after damage includes the obligation to repair and replace after damage or failure and the obligation to maintain includes the obligation to repair after normal wear and tear but does not include the obligation to repair after damage. 1998, c. 19, s. 162 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (2) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 135 (1))

Common elements

(3) A vacant land condominium corporation shall maintain the common elements and repair them after damage. 1998, c. 19, s. 162 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (3) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2))

Units

(4) The owner of a unit in a vacant land condominium corporation shall maintain the owner’s unit and repair it after damage. 1998, c. 19, s. 162 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (4) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2))

Work done for owner

(5) If an owner of a unit in a vacant land condominium corporation fails to maintain the owner’s unit within a reasonable time or to repair it within a reasonable time after damage, the corporation may maintain or repair the unit, as the case may be. 1998, c. 19, s. 162 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (5) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2))

Cost

(6) An owner shall be deemed to have consented to the repairs or maintenance carried out by the corporation and the cost of the work shall be added to the contribution to the common expenses payable for the owner’s unit. 1998, c. 19, s. 162 (6); 2015, c. 28, Sched. 1, s. 136.

Section Amendments with date in force (d/m/y)