46 (1) A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the corporation under section 46.1 and are entitled to vote. 1998, c. 19, s. 46 (1); 2023, c. 9, Sched. 7, s. 4. Form of requisition (2) The requisition shall, (a)  be in writing and be signed by the requisitionists; (b)  state the nature of the business to be presented at the meeting; and (c)  be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation. 1998, c. 19, s. 46 (2). Same, removal of directors (3) If the nature of the business to be presented at the meeting includes the removal of one or more of the directors, the requisition shall state, for each director who is proposed to be removed, the name of the director, the reasons for the removal and whether the director occupies a position on the board that under subsection 51 (6) is reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 46 (3). Duty of board (4) Upon receiving a requisition mentioned in subsection (1), the board shall, (a)  if the requisitionists so request in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting; or (b)  otherwise call and hold a meeting of owners within 35 days. 1998, c. 19, s. 46 (4). Non-compliance (5) If the board does not comply with subsection (4), a requisitionist may call a meeting of owners which shall be held within 45 days of the day on which the meeting is called. 1998, c. 19, s. 46 (5). Reimbursement of cost (6) Upon request, the corporation shall reimburse a requisitionist who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 46 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, section 46 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 40) Requisition for meeting 46 (1) Subject to subsection (2), a requisition for a meeting of owners can only be made by those owners who, at the time the board receives the requisition, (a)  own at least 15 per cent of the units; (b)  appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record; and (c)  have no contributions to the common expenses payable for their units that have been in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 40. Meeting re director in reserved position (2) If the nature of the business to be presented at a meeting of owners includes the removal or the election of a director who occupies a position on the board described in subsection 51 (6), a requisition made by owners for the meeting can only be made by those owners who, at the time the board receives the requisition, (a)  own at least 15 per cent of the non-leased voting units in the corporation; (b)  appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record; and (c)  have no contributions to the common expenses payable for their units that have been in arrears for 30 days or more. 2015, c. 28, Sched. 1, s. 40. Saving (3) If a requisition made under subsection (2) does not meet the requirements of that subsection but does meet the requirements of subsection (1), the meeting may proceed for the transaction of any business pursuant to subsection (1) but not for the removal or the election of a director as described in subsection (2). 2015, c. 28, Sched. 1, s. 40. Purpose of meeting (4) A requisition for a meeting of owners may be called for any of the following purposes: 1.  An information meeting of owners being a meeting at which no vote shall be taken on any matter other than routine procedure. 2.  The removal or the election of one or more of the directors. 3.  Any other purpose for which this Act or the regulations permit the owners to requisition a meeting of owners. 2015, c. 28, Sched. 1, s. 40. Form of requisition (5) The requisition shall contain the prescribed information and shall be in the prescribed form. 2015, c. 28, Sched. 1, s. 40. Delivery of requisition (6) The requisition shall be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation or as is otherwise prescribed. 2015, c. 28, Sched. 1, s. 40. Response of board (7) Subject to subsection (8), upon receiving a requisition, the board shall, within 10 days or such other time period, if any, that is prescribed, respond to the requisitionists in writing, in accordance with subsection (9), stating that, (a)  the board will call and hold a meeting of owners for the transaction of business in the requisition; or (b)  the board will not call and hold a meeting of owners for the transaction of business in the requisition and state why, according to the board, the requisition does not comply with any or all of subsections (1) to (6). 2015, c. 28, Sched. 1, s. 40. Withdrawal of requisition (8) The board is not required to respond to a requisition under subsection (7) if the requisitionists have withdrawn it in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 40. Delivery of response (9) In responding under subsection (7), the board shall deliver its response to the requisitionists at their address for service given in the requisition or as is otherwise prescribed. 2015, c. 28, Sched. 1, s. 40. Default response (10) If the board does not respond to the requisitionists as required by subsection (7), the board shall be deemed to have responded to the requisitionists as described in clause (7) (a). 2015, c. 28, Sched. 1, s. 40. Calling meeting (11) Subject to subsection (12), if the board responds or is deemed to have responded as described in clause (7) (a), the board shall, (a)  if the requisitionists so request in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting that, in accordance with this Act, is scheduled to be held, as determined by the board or as determined in the prescribed manner, (i)  at least 40 days after the end of the time period that the board has to respond to the requisitionists under subsection (7), in the case of a request, (ii)  at least 40 days after the consent is given, in the case of a consent; or (b)  otherwise call and hold a meeting of owners within 40 days after the end of the time period that the board has to respond to the requisitionists under subsection (7). 2015, c. 28, Sched. 1, s. 40. Withdrawal of requisition (12) The board shall not do anything required by clause (11) (a) or (b) if the requisitionists withdraw the requisition in accordance with the regulations, if any, before the next annual general meeting described in that clause (a) or the meeting described in that clause (b), as the case may be, is held. 2015, c. 28, Sched. 1, s. 40. Revised requisition (13) If the board responds as described in clause (7) (b), the requisitionists may, within 10 days or such other time period, if any, that is prescribed, revise the requisition in accordance with the regulations and deliver or deposit it in accordance with subsection (6). 2015, c. 28, Sched. 1, s. 40. Procedure (14) Subsections (6) to (12) apply to a revised requisition as if it were a requisition mentioned in those subsections. 2015, c. 28, Sched. 1, s. 40. Abandonment (15) If the board responds to an original requisition or a revised requisition as described in clause (7) (b), the requisitionists shall be deemed to have abandoned the original requisition or the revised requisition, which shall then have no force and effect, unless, (a)  they deliver or deposit a revised requisition in accordance with subsections (13) and (14); or (b)  within 20 days or such other time period, if any, that is prescribed, they, (i)  apply, in accordance with Part I.2, to the Condominium Authority Tribunal established under that Part for resolution of the original requisition or the revised requisition as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part, or (ii)  apply to the Superior Court of Justice for resolution of the original requisition or the revised requisition, if the Condominium Authority Tribunal has not been established under Part I.2 or the application described in subclause (i) may not be made under that Part. 2015, c. 28, Sched. 1, s. 40. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 40 - not in force 2023, c. 9, Sched. 7, s. 4 - 01/10/2023