Bill 72 explained in plain English
Property Owners' Protection Act, 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 72, the Property Owners' Protection Act, 2012, aims to enhance property owner protections by amending condominium and new home warranty laws, creating a review board, and introducing new disclosure and conduct standards.
This bill, also known as the Property Owners' Protection Act, 2012, makes several changes to Ontario laws, primarily the Condominium Act, 1998, and the Ontario New Home Warranties Plan Act. The goal is to increase protection for property owners, especially those in condominiums. Key changes include establishing a review board to handle certain disputes, requiring more transparency in condominium declarations and financial statements, extending warranty periods for new homes, and setting new standards for property managers and builders. It also introduces a duty of fair dealing for declarants and condominium corporations when dealing with owners and purchasers.
- Amends the Condominium Act, 1998, to increase protection for property owners.
- Amends the Ontario New Home Warranties Plan Act to enhance consumer protection.
- Amends the Building Code Act, 1992, to require a review of noise protection standards for condominium properties.
- Establishes a review board to handle certain condominium-related disputes and functions.
- Changes voting procedures in condominiums to be one vote per owner, not per unit.
- Introduces new requirements for disclosure statements and clarifies declarant responsibilities.
- Extends warranty periods for certain issues in new condominium units.
- Requires property managers to have prescribed qualifications.
- Creates a duty of fair dealing for declarants and condominium corporations.
- Mandates the Registrar to publish information on builders' previous business names.
- Requires the Minister to ensure a review and report on noise protection standards for condominium properties.
- Property owners
- Purchasers of condominium units
- Declarants (those who register a condominium)
- Condominium corporations
- Directors of condominium corporations
- Property managers
- Builders
- The Superior Court of Justice (as some of its functions are transferred)
- The public, through consumer protection measures
- Declarations must contain specific materials, information, consents, and standard provisions.
- Owners have the right to one vote per owner, not per unit.
- It is an offence to provide false or misleading statements regarding proxy appointments.
- Declarants are prohibited from transferring units unless they and specified common elements meet prescribed standards.
- Declarants are accountable to the corporation for a three-year budget statement.
- Property managers must have prescribed qualifications.
- Condominium corporations can access reserve funds for renewable energy technologies and replacing common elements due to wear and tear.
- A duty of fair dealing is imposed on declarants and condominium corporations in their dealings with owners and purchasers.
- Builders must disclose previous business names.
- Warranties for condominium units are extended to five years for specific issues.
- The Minister of Municipal Affairs and Housing must ensure a review and report on noise protection standards for condominium properties.
- The Act comes into force six months after receiving Royal Assent, except for subsection 29 (2), which comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010, comes into force and the day subsection 29 (1) of this Act comes into force.
- The Minister must ensure a review and report on noise protection standards within 12 months after the day section 41 of this Act comes into force.
- Declarants are required to deposit 0.5 per cent of the property's value with the review board, which can be transferred to the condominium corporation for addressing issues identified in a performance audit.
- The bill mentions fees for licensing property managers and fees related to the review board's operations, but specific amounts are not detailed in the provided text.
- It is an offence to provide false or misleading statements in respect of a proxy appointment.
- A declarant who fails to comply with certain provisions may be subject to an order from the review board.
- A person who breaches the duty of fair dealing may face a right of action for damages.
- Orders of the review board's panels can be filed with the Superior Court of Justice and enforced as court orders.
- The specific 'prescribed standards', 'prescribed qualifications', and 'prescribed matters' mentioned throughout the Act are not detailed within this text and would likely be found in associated regulations.
- The exact composition and functioning of the 'review board' are subject to regulations.
- The specific types of 'renewable energy technologies' and 'energy efficient technologies' that can be funded from reserve funds are not fully detailed.
- The extent of 'reasonable wear and tear' for common element replacements from reserve funds is not specified.
- The 'public interest' information to be published by the Registrar regarding builders is at the Registrar's discretion.
Introduces a new review board, modifies director qualifications, changes voting rules, adds requirements for declarations and disclosure statements, imposes new prohibitions on declarants, extends financial accountability periods, establishes qualifications for property managers, permits reserve fund use for energy-efficient technologies, deems certain energy-related work not to be an addition or alteration, and imposes a duty of fair dealing.
Source: Various sections, including Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32
Expands the definition of 'home' to include units in conversion condominiums, adds consumer protection as an object of the Corporation, sets new requirements for the composition of the Corporation's board of directors, requires the Registrar to publish builders' business names, extends certain warranties from one to five years, and requires the Corporation to complete conciliation efforts within a prescribed time.
Source: Sections 33, 34, 35, 36, 37, 38, 39, 40
Requires the Minister of Municipal Affairs and Housing to ensure a review and report are conducted regarding noise protection standards for properties owned by condominium corporations.
Source: Section 41
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 textProcess Snapshot
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
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.
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