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OntarioDid not become law (session ended)39th Parliament, 2nd Session

Bill 79 explained in plain English

Condominium Owners Protection Act, 2010

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
39th Parliament, 2nd Session
Bill number
Bill 79
Full title
Condominium Owners Protection Act, 2010
Current status
Did not become law (session ended)
Latest event
Standing Committee on Regulations and Private Bills
Last updated
Sep 23, 2010

Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Standing Committee on Regulations and Private Bills
Latest Activity
Sep 23, 2010
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

The Condominium Owners Protection Act, 2010, introduces a duty of fair dealing, establishes a review board for condominium disputes, and amends related legislation to enhance consumer protection.

What It Means

This bill, the Condominium Owners Protection Act, 2010, aims to amend several Ontario laws related to condominiums. It introduces a duty of fair dealing for declarants and condominium corporations towards owners and purchasers. It also establishes a review board to handle disputes, including those involving proxy instruments. Additionally, the bill modifies provisions within the Ontario New Home Warranties Plan Act concerning the definition of 'home' to include conversion condominiums and the composition of the warranty corporation's board. It also amends the Building Code Act, 1992, to ensure noise protection standards are reviewed and updated.

What This Bill Does
  • Amends the Condominium Act, 1998 to require all declarations to include standard provisions set out in regulations.
  • Imposes a duty of fair dealing on declarants and condominium corporations in their dealings with owners and purchasers.
  • Makes the misuse of proxy instruments an offence subject to a fine.
  • Allows condominium corporations to access their reserve fund for installing renewable energy and energy-efficient technologies, and for replacing common elements due to wear and tear.
  • Establishes a review board to advise the public on condominium matters, provide information to corporations and owners, and assist in resolving disputes.
  • Amends the Ontario New Home Warranties Plan Act to include units in conversion condominiums within the definition of 'home'.
  • Changes the objects of the designated corporation under the Ontario New Home Warranties Plan Act to include serving as a consumer protection agency.
  • Sets requirements for the composition of the board of directors of the designated corporation under the Ontario New Home Warranties Plan Act, including experience in consumer protection and representing homeowners.
  • Requires conciliations conducted by the corporation under the Ontario New Home Warranties Plan Act to be completed within a prescribed time.
  • Amends the Building Code Act, 1992, to deem that noise protection standards must be reviewed and updated within 12 months after the Act comes into force.
Who Is Affected
  • Condominium declarants
  • Condominium corporations
  • Owners of condominium units
  • Purchasers of condominium units
  • The public interested in condominium matters
  • The Minister
  • The Lieutenant Governor in Council
  • The Legislative Assembly of Ontario
Rights, Duties, Or Obligations
  • Declarants and condominium corporations have a duty of fair dealing towards owners and purchasers.
  • Owners and purchasers have a right of action for damages against those who breach the duty of fair dealing.
  • Declarants must deposit a prescribed amount with the review board upon registration of a declaration and description.
  • Declarants must file specified materials with the review board prior to a meeting.
  • Regulations under the Building Code Act, 1992, are deemed to require noise protection standards to be reviewed and updated.
  • Owners who make an application under subsection (2) of Section 133 of the Condominium Act are deemed to have relied on false, deceptive or misleading material statements or information from the declarant, unless proven otherwise.
Important Dates
  • This Act comes into force six months after the day it receives Royal Assent.
Financial Or Tax Impacts
  • A declarant must deposit a prescribed amount with the review board upon registration of a condominium's declaration and description. This deposit is returned once the review board is satisfied that all identified issues and deficiencies in the performance audit have been addressed.
  • The use of the reserve fund is expanded to include installing renewable energy and other energy-efficient technologies.
  • An exception is added to Section 97 of the Condominium Act regarding additions, alterations, improvements, or changes, limiting them if the total cost exceeds the greater of $1,000 or 1 per cent of the annual budgeted common expenses.
Enforcement Or Penalties
  • The misuse of proxy instruments is an offence liable to a fine.
Uncertainties Or Limits
  • The specific amount of the deposit required by declarants to the review board is prescribed by regulation and not detailed in the Act.
  • The specific time within which conciliations must be completed under the Ontario New Home Warranties Plan Act is prescribed by regulation and not detailed in the Act.
  • The specific 'standard provisions' to be included in declarations are set out in regulations and not detailed in the Act.
  • The 'prescribed amount' for deposits to the review board and the 'prescribed time' for conciliations are not defined within the text of the bill and would be found in associated regulations.
Laws Or Regulations Affected
Condominium Act, 1998
amends

Requires declarations to include standard provisions, imposes a duty of fair dealing, permits reserve fund access for specific purposes, establishes a review board, and makes changes to provisions related to proxy instruments, performance audits, and dispute resolution.

Source: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19

Ontario New Home Warranties Plan Act
amends

Expands the definition of 'home' to include units in conversion condominiums, adds consumer protection as an object of the designated corporation, modifies the composition of the board of directors, and mandates timely completion of conciliations.

Source: Sections 20, 21, 22, 23

Building Code Act, 1992
amends

Deems that regulations made under the Act will require noise protection standards to be reviewed and updated within 12 months of the Condominium Owners Protection Act, 2010, coming into force.

Source: Section 24

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
May 19, 2010
Step 2
Second reading
Sep 23, 2010
Step 3
Committee review
Sep 23, 2010
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Rosario Marchese
Sponsor party or district not listed
Jurisdiction
Ontario Legislature

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced