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 Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 114 (2)) Mediation and arbitration (1) Subject to subsection (6), every agreement mentioned in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