80 (1) An agreement of purchase and sale may permit or require interim occupancy of a proposed unit. 1998, c. 19, s. 80 (1). Definition (2) In this section, “interim occupancy” means the occupancy of a proposed unit before the purchaser receives a deed to the unit that is in registerable form. 1998, c. 19, s. 80 (2). Right to pay in full (3) Despite any provision to the contrary in the agreement of purchase and sale, before the expiry of the time period mentioned in subsection 73 (2) for rescinding the agreement, a purchaser may elect to pay in full, on assuming interim occupancy of the proposed unit, the balance of the purchase price remaining after deducting the amounts paid under the agreement before assuming interim occupancy. 1998, c. 19, s. 80 (3). Occupancy fee (4) If the purchaser assumes interim occupancy of a proposed unit or is required to do so under the agreement of purchase and sale, the declarant may charge the purchaser a monthly occupancy fee which shall not be greater than the total of the following amounts: 1.  Where applicable, interest calculated on a monthly basis on the unpaid balance of the purchase price at the prescribed rate. 2.  An amount reasonably estimated on a monthly basis for municipal taxes attributable to the unit. 3.  The projected monthly common expense contribution for the unit. 1998, c. 19, s. 80 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 80 (4) of the Act is amended by adding “subject to the regulations” at the end. (See: 2015, c. 28, Sched. 1, s. 71 (1)) Reserve fund contribution (5) If the declarant charges the purchaser a monthly occupancy fee for interim occupancy of a proposed unit for residential purposes for longer than six months and the monthly occupancy fee includes a projected contribution to the reserve fund of the corporation, then, with respect to the occupancy fee for each month after the sixth month, the declarant shall hold in trust and remit to the corporation upon registering the declaration and description the portion of the monthly occupancy fee that represents the projected contribution to the reserve fund. 1998, c. 19, s. 80 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 80 (5) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 71 (2)) Reserve fund contribution (5) If the declarant charges the purchaser a monthly occupancy fee for interim occupancy of a proposed unit of a prescribed class for longer than six months or such other period that is prescribed and if the monthly occupancy fee includes a projected contribution to the reserve fund of the corporation, then, with respect to the occupancy fee for each month after the sixth month or such other period that is prescribed, the declarant shall hold in trust and remit to the corporation upon registering the declaration and description the portion of the monthly occupancy fee that represents the projected contribution to the reserve fund in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 71 (2). Rights and duties of declarant (6) If a purchaser assumes interim occupancy of a proposed unit, the declarant, (a)  shall provide those services that the corporation will have a duty to provide to owners after the registration of the declaration and description that creates the unit; (b)  shall repair and maintain the proposed property and the proposed unit in the same manner as the corporation will have a duty to repair after damage and maintain after the registration of the declaration and description that creates the unit; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 80 (6) (b) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 71 (3)) (c)  has the same right of entry that the corporation will have after the registration of the declaration and description that creates the unit; (d)  may withhold consent to an assignment of the right to occupy the proposed unit; (e)  may charge a reasonable fee for consenting to an assignment of the right to occupy the proposed unit; and (f)  shall, within 30 days of the registration of the declaration and description that creates the unit, notify the purchaser in writing of the date and instrument numbers of the registration, unless within that time the purchaser receives a deed to the unit that is in registerable form. 1998, c. 19, s. 80 (6). Application of Residential Tenancies Act, 2006 (7) The rights and duties described in subsection (6) apply despite any provision to the contrary in the Residential Tenancies Act, 2006. 1998, c. 19, s. 80 (11); 2006, c. 17, s. 248 (3). Refund of municipal taxes (8) The declarant shall, on delivering to the purchaser a deed that is in registerable form or as soon as is practicable after delivery, refund to the purchaser the portion of the monthly occupancy fee that the purchaser has paid on account of municipal taxes attributable to the proposed unit in excess of the amount actually assessed against the unit. 1998, c. 19, s. 80 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 80 (8) of the Act is amended by striking out “as soon as is practicable” and substituting “as soon as is reasonably possible”. (See: 2015, c. 28, Sched. 1, s. 71 (4)) Municipal taxes payable (9) If the portion of the monthly occupancy fee that the purchaser has paid on account of municipal taxes attributable to the proposed unit is insufficient to pay the amount actually assessed against the unit, the declarant may require the purchaser to pay the difference between the two amounts. 1998, c. 19, s. 80 (9). Non-application (10) Sections 149, 150, 151, 165, 166 and 167 and Part VII of the Residential Tenancies Act, 2006 do not apply to interim occupancy and monthly occupancy fees charged under this section. 2000, c. 26, Sched. B, s. 7 (6); 2006, c. 17, s. 248 (4). (11) Spent:  1998, c. 19, s. 80 (11). (12) Spent:  1998, c. 19, s. 80 (12). Section Amendments with date in force (d/m/y) 1998, c. 19, s. 80 (11), (12) - 17/06/1998 2000, c. 26, Sched. B, s. 7 (6) - 5/05/2001 2006, c. 17, s. 248 (3) - 31/01/2007 2015, c. 28, Sched. 1, s. 71 - not in force