22 (1) In this section, “telecommunications” means the emission, transmission or reception of any combination of signs, signals, writing, images, sound, data, alphanumeric characters or intelligence of any nature by wire, cable, radio or an optical, electromagnetic or any similar technical system; (“télécommunications”) “telecommunications agreement” means an agreement for the provision of services or facilities related to telecommunications to, from or within the property of a corporation and includes a grant or transfer of an easement, lease or licence through the property of a corporation for the purposes of telecommunications. (“convention concernant les télécommunications”)  1998, c. 19, s. 22 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “telecommunications agreement” in subsection 22 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 19 (1)) “telecommunications agreement” means an agreement for the provision of services or facilities related to telecommunications to, from or within a property and includes a grant or transfer of an easement, lease or licence through the property for the purposes of telecommunications. (“convention concernant les télécommunications”) By-law not required (2) Despite subsection 21 (1), a corporation may, by resolution of the board without a by-law, (a)  make an agreement for a network upgrade to a telecommunications system that services the units of the corporation; (b)  make an agreement for a telecommunications system that is not connected to a telecommunications system that services the units of the corporation; or (c)  amend an agreement for a telecommunications system that services the units of the corporation to permit the other party to the agreement to supply and invoice part or all of the services directly to the unit owners. 1998, c. 19, s. 22 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 22 (2) (a), (b) and (c) of the Act are amended by striking out “the units of the corporation” wherever that expression appears and substituting in each case “the units in the corporation”. (See: 2015, c. 28, Sched. 1, s. 19 (2)) Notice required (3) Subsections 97 (3), (4), (5) and (6) apply to an agreement described in subsection (2) as if it were a change in a service that a corporation provides to the owners. 1998, c. 19, s. 22 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (3) of the Act is amended by striking out “97 (3), (4), (5) and (6)” and substituting “97 (6), (7), (8) and (9)”. (See: 2015, c. 28, Sched. 1, s. 19 (3)) Charge to unit owners (4) The cost of the services that are invoiced directly to the unit owners under clause (2) (c) shall not form part of the common expenses, despite anything in the declaration. 1998, c. 19, s. 22 (4). Telecommunications easement (5) A corporation and a party, if any, that has entered into a telecommunications agreement with the corporation shall have a non-exclusive easement over the part of the property described in clause (b) for the purpose of installing and using a telecommunications system if, (a)  the corporation was created on or after the day this section comes into force and includes one or more units for residential purposes; (b)  part of the property is designed to control, facilitate or provide telecommunications to, from or within the property; and (c)  the corporation does not have an easement over the property described in the description or a right to use the property that is adequate for, (i)  the telecommunications agreement that it has entered into with respect to the property, if it has entered into such an agreement, or (ii)  the telecommunications system that the corporation intends to install and use on the property, if it has not entered into a telecommunications agreement with respect to the property. 1998, c. 19, s. 22 (5). Duty to accommodate easement (6) If a telecommunications system installed on the part of the property described in clause (5) (b) interferes with a telecommunications system that the corporation intends to have installed and to use on the property described in the description, the owner of the part of the property shall, upon 30 days written notice by the owner of the easement described in subsection (5), take all necessary steps that are reasonable to accommodate the intended telecommunications system. 1998, c. 19, s. 22 (6). Validity of easement (7) The easement is valid even though the corporation and the party, if any, that has entered into a telecommunications agreement with the corporation own no land to be benefited by the easement. 1998, c. 19, s. 22 (7). Easements non-exclusive (8) If the property of a corporation that includes one or more units for residential purposes is subject to an easement for the purposes of telecommunications and at least 10 years have passed since the later of the execution of the grant of the easement and the registration of the declaration and description, then, despite anything in the grant, the easement shall be deemed to be non-exclusive. 1998, c. 19, s. 22 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (8) of the Act is amended by striking out “If the property of a corporation that” at the beginning and substituting “If a property that”. (See: 2015, c. 28, Sched. 1, s. 19 (4)) Termination of agreements (9) A corporation that includes one or more units for residential purposes may terminate a telecommunications agreement if, (a)  at least 10 years have passed since the later of the execution of the agreement and the registration of the declaration and description; (b)  the board has, by resolution, approved the termination of the agreement; (c)  the owners of more than 50 per cent of the units at the time the board passes the resolution consent in writing to the termination of the agreement; and (d)  the corporation has given the person 120 days written notice of the termination. 1998, c. 19, s. 22 (9). Loss of owner’s right to consent (9.1) An owner is not entitled to consent under clause (9) (c) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 19 (5). Payment of arrears (9.2) An owner who, under subsection (9.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. 2015, c. 28, Sched. 1, s. 19 (5). Exception (10) Subsection (9) does not apply to a telecommunications agreement if, (a)  the corporation entered into the agreement after a new board is elected at a turn-over meeting held under section 43; (b)  the agreement is non-exclusive; and (c)  the agreement makes allowance for the installation of alternate telecommunications systems. 1998, c. 19, s. 22 (10). Note: On a day to be named by proclamation of the Lieutenant Governor, section 22 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 19 (6)) No liability (10.1) If, under subsection (9), a corporation terminates an agreement, the corporation and its directors, officers and owners are not liable for, (a)  any obligations in respect of the termination, including obligations purporting to be incurred as cancellation charges, administration charges, accelerated payments or any other charges, penalties or fees; (b)  any monetary obligations under the agreement respecting any period after the termination takes effect, unless the regulations provide otherwise; or (c)  any other prescribed consequences. 2015, c. 28, Sched. 1, s. 19 (6). Personal property (11) If, under subsection (9), a corporation terminates a telecommunications agreement, a party to the agreement may, on giving reasonable notice to the corporation, remove personal property that it owns and that is located on the property that was subject to the agreement within 30 days after the termination of the agreement. 1998, c. 19, s. 22 (11). Duties on removal (12) A party removing personal property under subsection (11) shall, (a)  carry out the removal in a manner that facilitates the installation of other similar personal property for the purposes of telecommunications; and (b)  reimburse the corporation for the damage, if any, that the removal causes to the property of the corporation. 1998, c. 19, s. 22 (12). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 22 (12) (b) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 19 (7)) (b)  reimburse the corporation for the damage, if any, that the removal causes to the property that was subject to the agreement. Abandonment (13) A party to a telecommunications agreement that has the right to remove its personal property under subsection (11) shall be deemed to have abandoned the property if it does not remove the property within the time specified in that subsection. 1998, c. 19, s. 22 (13). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 19 (1-4, 6, 7) - not in force; 2015, c. 28, Sched. 1, s. 19 (5) - 01/11/2017