Condominium Act, 1998

PART I 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 subs…

Part I.1 Administration of this AcT

Delegation

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…

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 a…

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

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

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

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 spe…

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

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 ha…

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 A…

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 claus…

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

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

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 …

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

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

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

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

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 info…

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

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

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. 1…

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 generalit…

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

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 …

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

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

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

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

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

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 …

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

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

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

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. Pub…

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 differ…

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

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

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 …

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

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

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

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…

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

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) …

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

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

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

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

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

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 procee…

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, S…

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

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 n…

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

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 com…

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 In…

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…

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 d…

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. 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). 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, (a) whether the corporation is a freehold condominium corporation or a leasehold condominium corpo…

Declaration and Description

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, (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; (e) an address for service, a municipal address for the corporation, if available, and the ma…

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 th…

Planning Act

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 r…

Part II.1 condominium returns

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) I…

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 retu…

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, Sche…

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

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

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

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

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

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…

PART III OWNERSHIP

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