Bill PR46 explained in plain English
Base31 Community Association Act, 2026
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 44th 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 PR46 creates a special law that turns Base31 Community Association into a statutory corporation that can automatically make property owners in its Prince Edward County mixed-use development community into members bound by its by-laws, charge them fees, and register liens against their property for unpaid fees.
Bill PR46 creates a special law for Base31 Community Association, a nonprofit organization that will manage a mixed-use community (residential, commercial, industrial, institutional, recreational, arts and cultural) being developed in Prince Edward County, Ontario. The bill makes the Association a special corporation under Ontario law. Every owner of land in the Base31 area must automatically become a member of the Association and follow its rules (by-laws). The Association can also allow other membership categories, such as business operators, lessees, agents, and other persons identified in its by-laws. The Association's main jobs are to acquire, own, lease, maintain and manage Base31 assets and facilities; develop and promote the community; provide members with services like integrated activities, marketing, and maintenance; act as a liaison with government; and help fund infrastructure. The Association can pass by-laws to manage its business, set membership classes, control membership admission and termination, set fees, and govern how members use the land. These by-laws bind all members, but must comply with municipal laws, planning rules, and registered subdivision agreements. The Association must establish and maintain reserve funds from member fees to pay for major repairs and replacements of community assets. It must conduct periodic studies to ensure the funds are adequate. If a member owes fees to the Association, the Association can register a notice of lien (a charge) against that person's property. This lien can be enforced like a mortgage. The Association must give the member at least 10 days' notice before registering the lien. Land owners are jointly liable with their tenants or business operators for unpaid fees. The Association must provide status certificates (documents showing financial and other details about membership) within 10 days of request. These certificates bind the Association. Before a developer sells a lot for the first time, they must give the buyer the status certificate. Buyers cannot be forced to purchase until they receive this certificate. The Association cannot make false or misleading statements in status certificates. People who suffer losses from false or misleading status certificates can sue the Association for damages in Superior Court. Members, directors, officers, and others can apply to Superior Court for relief if they believe the Association is acting in an oppressive or unfairly prejudicial way. The Act comes into force when it receives Royal Assent (June 2, 2026). Existing members of the Association before this law came into force continue as members. The Association's old certificate of incorporation is revoked, but this does not affect the Association's existing rights and obligations except where they conflict with this new law.
- Creates Base31 Community Association as a corporation under special Ontario law, effective immediately upon Royal Assent (June 2, 2026)
- Makes every owner of property in the Base31 area automatic members of the Association
- Allows the Association to grant membership to business operators, lessees, and other classes identified in by-laws
- Requires the Association to manage, maintain, and operate Base31 facilities and provide services to members
- Gives the Association authority to create by-laws for membership classes, fees, board elections, and governance
- Requires the Association to establish and maintain reserve funds collected from member fees for major repairs and replacements
- Requires the Association to conduct periodic reserve fund studies and adjust contributions as needed
- Allows the Association to register notices on property titles showing the land is Base31 land
- Allows property owners to apply to add their land to or remove their land from Base31 designation, subject to Association approval
- Gives the Association a lien (charge) against Base31 land if members do not pay fees owed
- Allows the Association to register liens in the land registry office after giving 10 days' notice to the member
- Makes property owners and their tenants or business operators jointly liable for unpaid fees
- Requires the Association to issue status certificates within 10 days showing membership fees, arrears, voting rights, and other information
- Requires developers to give buyers the status certificate before they enter into a binding purchase agreement
- Prohibits the Association from making false, misleading, or deceptive statements in status certificates
- Allows people harmed by false or misleading status certificates to sue the Association for damages
- Allows members, directors, officers, and others to apply to Superior Court for relief from oppressive Association conduct
- Makes Association by-laws enforceable and binding on all members
- Ensures municipal by-laws, planning laws, and registered subdivision agreements take priority over Association by-laws in case of conflict
- Every owner of Base31 land (automatically becomes a member of the Association)
- Business operators on Base31 land (may become members at their discretion through application)
- Lessees of Base31 land (may become members at their discretion through application)
- Agents of Base31 land owners (may become members at their discretion through application)
- Developers selling Base31 land for the first time (must provide status certificates to buyers)
- First-time buyers of Base31 land (must receive status certificate before purchase agreement becomes binding)
- Resale buyers of Base31 land (may request and rely on status certificates)
- Mortgagees (lenders) of Base31 land (are given status certificate rights and may seek relief)
- Members who default on Association fees (may have liens registered against their property)
- Property owners on Base31 land who want to opt out (may apply to terminate Base31 designation)
- Board of directors and officers of the Association
- Prince Edward County (referenced as liaison partner on municipal matters)
- Owners of Base31 land have the right and obligation to become members of the Association automatically (Section 4(1))
- Members have the right to request and receive a status certificate within 10 days (Section 15(1), (5))
- Members, directors, officers, and others have the right to apply to Superior Court for relief from oppressive Association conduct (Section 12(1), (2))
- The Association has the obligation to acquire, own, lease, maintain, and manage Base31 assets and provide services to members (Section 3)
- The Association has the obligation to establish and maintain reserve funds collected from member fees for major repairs and replacements (Section 11(1), (2))
- The Association has the obligation to conduct periodic reserve fund studies (Section 11(4))
- The Association has the obligation to register notices of Base31 land designation on property titles (Section 6(1))
- The Association has the obligation to give written notice at least 10 days before registering a lien for unpaid fees (Section 13(4))
- The Association has the obligation to provide status certificates containing specific information and cannot make false or misleading statements (Section 15(4), Section 17(1))
- Developers have the obligation to obtain and deliver status certificates to first-time buyers before purchase agreements become binding (Section 16(1), (2), (3))
- Owners and occupiers of Base31 land are jointly and severally liable for unpaid fees (Section 14(1), (2))
- Members have the right to apply to add their land to Base31 designation, subject to Association approval (Section 7)
- Members have the right to apply to terminate Base31 designation, subject to Association approval (Section 8)
- The Association has the power to pass by-laws governing membership, elections, fees, interest on late fees, and applications for land designation changes (Section 10)
- June 2, 2026 - Royal Assent received; Act comes into force on this date (Section 18)
- All owners of Base31 land must pay fees to the Association as set out in the Association's by-laws (Section 10(2)(d))
- Fees may differ based on membership class or individual circumstances (Section 10(2)(d))
- Members must contribute to reserve funds through fees collected by the Association (Section 11(2))
- The Association can charge interest and related costs on late fees at rates set by by-laws (Section 10(2)(e))
- Members who default on fees become liable for collection costs in addition to the unpaid amount and interest (Section 13(2))
- Entry fees may be charged on first purchase and resale of lots from the developer (Section 15(4)(e))
- The Association can charge a reasonable fee (not exceeding the Condominium Act limit) for issuing status certificates (Section 15(3))
- Owners and tenants/business operators on the same land are jointly and severally liable for all fees and costs owed (Section 14(1), (2))
- If a member defaults on fees, the Association can register a lien notice against their Base31 land (Section 13(2), (3))
- A lien can be enforced like a mortgage using Part III of the Mortgages Act (Section 13(5))
- If the Association does not deliver a status certificate within 10 days, it is deemed to have delivered one on day 11 stating there are no arrears (Section 15(5))
- If a status certificate omits material information, it is deemed to include a statement that there is no such information (Section 15(6))
- People who suffer losses from false or misleading status certificates can apply to Superior Court to recover damages from the Association (Section 17(2))
- Members, directors, officers, and others can apply to Superior Court for orders to rectify oppressive or unfairly prejudicial Association conduct (Section 12(1), (2))
- Members or others can apply to Superior Court to require the Association to discharge a lien (Section 13(8))
- The specific fees to be charged by the Association are not set in the bill; they are to be determined by the Association's board through by-laws, with different rates possible for different membership classes.
- The exact composition of the board of directors is not specified; it is determined by the Association's by-laws.
- The criteria for approving applications to add or remove land from Base31 status are not specified; these are to be set by the Association's by-laws.
- The bill does not specify what costs are 'reasonable' for status certificate fees; the Act only says they cannot exceed the Condominium Act limit.
- The bill does not specify the interest rate or 'related costs' for late fees; these are to be set by the Association's by-laws.
- The specific Base31 assets and facilities that the Association must maintain are not detailed in the bill; they are to be set out in the Association's by-laws.
- The mechanism for calculating reserve fund contributions is described as based on 'expected repair and replacement costs' and 'life expectancy,' but exact methodologies are not prescribed.
- The bill does not specify what constitutes 'material information' in status certificates; this would be determined by courts in disputes.
- The scope of 'reasonable costs' incurred by the Association in collection efforts is not defined.
- The bill does not specify the timeline or frequency of reserve fund studies, only that they must be 'periodic.'
The Base31 Community Association Act, 2026 comes into force on June 2, 2026, the day it received Royal Assent.
Source: Section 18
The Association's previous certificate of incorporation is revoked; however, this revocation does not affect the Association's existing rights and obligations except to the extent they conflict with the new Act.
Source: Section 2(4)
The maximum fee the Association can charge for a status certificate is capped at the amount allowed under the Condominium Act, 1998.
Source: Section 15(3)
The Association must register notices of Base31 land designation and lien notices in the proper land registry office according to these acts.
Source: Sections 6 and 13(3)
When a lien is registered, the Association can enforce it in the same way as a mortgage, using Part III of the Mortgages Act with necessary modifications.
Source: Section 13(5)
If the Association's by-laws conflict with the Planning Act or regulations made under it, the Planning Act prevails.
Source: Section 10(4)
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.
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Vote Summary
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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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