jswizzle3737/ontario_laws_and_regs huggingface dataset:
31 (1) Except in the case of directors appointed to the first board of directors under subsection 42 (1), a director is elected for a term of three years or such lesser period as the by-laws may provide. 1998, c. 19, s. 31 (1). Same (2) Despite subsection (1), a director may continue to act until a successor is elected. 1998, c. 19, s. 31 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 31 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 28) Same (2) Despite subsection (1), a director may continue to act until, (a)  a successor is elected, if the director is not elected to a position described in subsection 51 (6); or (b)  if the director is elected to a position described in subsection 51 (6), the earlier of, (i)  the time at which a successor is elected, and (ii)  the first annual general meeting following the expiration of the director’s term. 2015, c. 28, Sched. 1, s. 28. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 28 - not in force
32 (1) Subject to subsection 42 (5), the board of a corporation shall not transact any business of the corporation except at a meeting of directors at which a quorum of the board is present. 1998, c. 19, s. 32 (1). Quorum (2) A quorum for the transaction of business is a majority of the number of persons of which the board consists in accordance with this Act, irrespective of any vacancy that arises in the board. 2015, c. 28, Sched. 1, s. 29. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 29 - 01/11/2017
33 (1) Subject to subsection 51 (8), a director, other than a director on the first board, may be removed before the expiration of the director’s term of office by a vote of the owners at a meeting duly called for that purpose in accordance with section 46 where the owners of more than 50 per cent of all of the units in the corporation vote in favour of removal. 1998, c. 19, s. 33 (1); 2015, c. 28, Sched. 1, s. 30. Replacement (2) In accordance with the by-laws dealing with the election of directors, the owners may, at the meeting, elect any person qualified to be a member of the board for the remainder of the term of a director who has been removed. 1998, c. 19, s. 33 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 30 - 01/11/2017
34 (1) If a vacancy arises in the board, the remaining directors may exercise all the powers of the board as long as a quorum of the board remains in office. 1998, c. 19, s. 34 (1). Replacement made by board (2) If a vacancy arises in the board, including in a position described in subsection 51 (6), and if a quorum of the board remains in office, the majority of the remaining members of the board may appoint any person qualified to be a member of the board to fill the vacancy until the next annual general meeting. 1998, c. 19, s. 34 (2); 2015, c. 28, Sched. 1, s. 31 (1). Replacement made by owners (3) Subject to subsection 51 (6), at the annual general meeting mentioned in subsection (2) the owners shall elect a person to fill the vacancy that arose under that subsection who shall hold office for the remainder of the term of the director whose position became vacant. 1998, c. 19, s. 34 (3). Election when no quorum (4) If a vacancy arises in the board and there are not enough directors remaining in office to constitute a quorum, the remaining directors shall, within 30 days of losing the quorum, call and hold a meeting of owners to fill all vacancies in the board. 1998, c. 19, s. 34 (4). Owner may call meeting (5) If the directors do not call and hold the meeting or if there are no directors then in office, an owner may call the meeting in accordance with the regulations. 1998, c. 19, s. 34 (5); 2015, c. 28, Sched. 1, s. 31 (2). Reimbursement of cost (6) Upon request, the corporation shall reimburse an owner who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 34 (6). Increase (7) Despite subsection (2), a vacancy resulting from an increase in the number of directors shall be filled only by election at a meeting of owners duly called for that purpose and the directors so elected shall not act until the by-law increasing the number of directors is registered under subsection 56 (9). 1998, c. 19, s. 34 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 31 (1, 2) - 01/11/2017
35 (1) In addition to meetings of the directors required by the by-laws of the corporation, a quorum of the directors may, at any time, call a meeting for the transaction of any business. 1998, c. 19, s. 35 (1). Notice (2) The person calling a meeting of directors shall give a written notice of the meeting to every director of the corporation, (a)  at least 10 days before the day of the meeting, unless the by-laws specify otherwise; and (b)  by delivering it to the director personally or by sending it by prepaid mail, courier delivery or electronic communication addressed to the director at the latest address as shown on the records of the corporation, unless the by-laws specify otherwise. 1998, c. 19, s. 35 (2). Content of notice (3) The notice shall state the following: 1.  The time of the meeting. 2.  If the directors may attend the meeting in person, the place of the meeting. 3.  If the directors may attend the meeting by telephonic or electronic means, instructions for attending and participating in the meeting by telephonic or electronic means that will be made available for the meeting, including, if applicable, instructions for voting by such means at the meeting. 4.  The general nature of the business to be discussed at the meeting. 2023, c. 9, Sched. 7, s. 2 (1). Waiver of notice (4) A director who attends a meeting shall be deemed to have waived the right to object to a failure to give the required notice unless the director expressly objects to the failure at the meeting. 1998, c. 19, s. 35 (4). Meeting of directors by telephonic or electronic means (5) Subject to the by-laws and subsection (7), a meeting of directors may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 2 (2). Same, by-laws (6) In addition to any other matters that the by-laws may provide for with respect to the holding of meetings of directors in accordance with subsection (5), the by-laws may, (a)  limit the manner or manners by which a meeting of directors may be held in accordance with subsection (5); and (b)  specify requirements that apply with respect to the holding of a meeting of directors in a manner described in subsection (5) or in such manner as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 2 (2). Same, ability to communicate (7) A meeting of directors held in any manner described in subsection (5) or in such manner as described by the by-laws made under subsection (6) must provide that all persons attending the meeting are able to communicate with each other simultaneously and instantaneously. 2023, c. 9, Sched. 7, s. 2 (2). Same, persons deemed present at meeting (8) A person who, through telephonic or electronic means, attends a meeting of directors is deemed for the purposes of this Act to be present at the meeting. 2023, c. 9, Sched. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 32 - 01/11/2017 2023, c. 9, Sched. 7, s. 2 (1, 2) - 01/10/2023
36 (1) A corporation shall have a president and a secretary and all other officers that are provided for by by-law or by resolution of the directors. 1998, c. 19, s. 36 (1). Election and appointment (2) Subject to the by-laws, the directors, (a)  shall elect the president from among themselves; (b)  shall appoint or elect the secretary; and (c)  may appoint or elect one or more vice-presidents or other officers. 1998, c. 19, s. 36 (2). Holding several offices (3) The same person may hold two or more offices of the corporation. 1998, c. 19, s. 36 (3).
37 (1) Every director and every officer of a corporation in exercising the powers and discharging the duties of office shall, (a)  act honestly and in good faith; and (b)  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 1998, c. 19, s. 37 (1). Validity of acts (2) The acts of a director or officer are valid despite any defect that may afterwards be discovered in the person’s election, appointment or qualifications. 1998, c. 19, s. 37 (2). Liability of directors (3) A director shall not be found liable for a breach of a duty mentioned in subsection (1) if the breach arises as a result of the director’s relying in good faith upon, (a)  financial statements of the corporation that the auditor in a written report, an officer of the corporation or a condominium manager who provides condominium management services to the corporation under an agreement between the corporation and either the manager or a condominium management provider represents to the director as presenting fairly the financial position of the corporation in accordance with generally accepted accounting principles; or Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (3) of the Act is amended by striking out “or” at the end of clause (a) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 33) (a.1)  a report or opinion of a reserve fund study provider with respect to a reserve fund or a reserve fund study, as determined by the regulations, if any; or (b)  a report or opinion of a lawyer, public accountant, engineer, appraiser or other person whose profession lends credibility to the report or opinion. 1998, c. 19, s. 37 (3); 2004, c. 8, s. 47 (1); 2015, c. 28, Sched. 2, s. 80 (5). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 47 (1) - 01/11/2005 2015, c. 28, Sched. 1, s. 33 - not in force; 2015, c. 28, Sched. 2, s. 80 (5) - 01/11/2017
38 (1) Subject to subsection (2), the by-laws of a corporation may provide that every director and every officer of the corporation and the person’s heirs, executors, administrators, estate trustees and other legal personal representatives may from time to time be indemnified and saved harmless by the corporation from and against, (a)  any liability and all costs, charges and expenses that the director or officer sustains or incurs in respect of any action, suit or proceeding that is proposed or commenced against the person for or in respect of anything that the person has done, omitted to do or permitted in respect of the execution of the duties of office; and (b)  all other costs, charges and expenses that the person sustains or incurs in respect of the affairs of the corporation. 1998, c. 19, s. 38 (1). Not for breach of duty (2) No director or officer of a corporation shall be indemnified by the corporation in respect of any liability, costs, charges or expenses that the person sustains or incurs in or about an action, suit or other proceeding as a result of which the person is adjudged to be in breach of the duty to act honestly and in good faith. 1998, c. 19, s. 38 (2).
39 If the insurance is reasonably available, a corporation shall purchase and maintain insurance for the benefit of a director or officer against the matters described in clauses 38 (1) (a) and (b) except insurance against a liability, cost, charge or expense of the director or officer incurred as a result of a breach of the duty to act honestly and in good faith. 1998, c. 19, s. 39. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 34) Procurement process, etc. 39.1 A corporation shall not enter into a prescribed contract or transaction unless the procurement process and other contracts or arrangements that the corporation entered into in relation to the contract or transaction meet the prescribed requirements. 2015, c. 28, Sched. 1, s. 34. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 34 - not in force
41 (1) An officer of a corporation who is not a director and who has, directly or indirectly, an interest in a contract or transaction to which the corporation is a party or a proposed contract or transaction to which the corporation will be a party, shall disclose in writing to the corporation the nature and extent of the interest. 1998, c. 19, s. 41 (1). Time of disclosure (2) An officer who is required to make a disclosure under subsection (1) shall make the disclosure at the first meeting of the board held after the officer becomes aware of the contract or transaction or the proposed contract or transaction. 1998, c. 19, s. 41 (2). Application of s. 40 (3) Subsections 40 (2), (3), (5), (7) and (8) apply to an officer of a corporation who is not a director as if all references to a director in those subsections were references to an officer. 1998, c. 19, s. 41 (3). Transfer of Control by Declarant
45 (1) Subject to the other requirements of this Act, anything that this Act requires to be approved by a vote of any of the owners shall be approved only at a meeting of owners duly called for that purpose. 1998, c. 19, s. 45 (1). Annual general meeting (2) The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation. 1998, c. 19, s. 45 (2). Matters for annual general meeting (3) At an annual general meeting, an owner may raise for discussion any matter relevant to the affairs and business of the corporation. 1998, c. 19, s. 45 (3). Other meetings (4) The board may at any time call a meeting of owners for the transaction of any business, and the notice of the meeting shall specify the nature of the business. 1998, c. 19, s. 45 (4). Material for meeting (5) In addition to any matters and material that this Act requires be placed before a meeting of owners, the board shall place before such a meeting, in the prescribed manner, all other material, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 38. Meeting of owners by telephonic or electronic means (6) Subject to the by-laws and subsection (8), a meeting of owners may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 3. Same, by-laws (7) In addition to any other matters that the by-laws may provide for with respect to the holding of meetings of owners in accordance with subsection (6), the by-laws may, (a)  limit the manner or manners by which a meeting of owners may be held in accordance with subsection (6); and (b)  specify requirements that apply with respect to the holding of a meeting of owners in a manner described in subsection (6) or in such manner as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 3. Same, reasonable participation (8) A meeting of owners held in any manner described in subsection (6) or in such manner as described by the by-laws made under subsection (7) must enable all persons entitled to attend the meeting to reasonably participate. 2023, c. 9, Sched. 7, s. 3. Same, persons deemed present at meeting (9) A person who, through telephonic or electronic means, casts a vote before or at a meeting of owners or attends such a meeting is deemed for the purposes of this Act to be present at the meeting. 2023, c. 9, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 38 - 01/11/2017 2023, c. 9, Sched. 7, s. 3 - 01/10/2023
45.1 (1) Before the board sends out a notice to call a meeting of owners, it shall send a preliminary notice to the owners that is prepared in accordance with the regulations and that contains, (a)  if the meeting is to elect one or more directors, a request that each individual who intends to be a candidate for election to the board notify the board in writing, by a date that is specified in the notice and that is determined in accordance with the regulations, of the individual’s intention, name and address; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 45.1 (1) (a) of the Act is amended by adding “subject to clause (a.1)” at the beginning. (See: 2015, c. 28, Sched. 1, s. 39 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 45.1 (1) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 39 (3)) (a.1)  if there is a vacancy in a position on the board described in subsection 51 (6) or if such a vacancy will arise by the time of the meeting under clause 31 (2) (b) or in the circumstances specified in the regulations, if any, (i)  a copy of the text of the definition of “non-leased voting unit” in subsection 1 (1) and the text of subsections 51 (5) and (6), (ii)  a statement of the date of the last day of the 15-day period mentioned in subsection 51 (5), (iii)  a request for a statement, that complies with the regulations, if any, from each owner of a non-leased voting unit stating that the owner is the owner of a non-leased voting unit, and (iv)  a request that each individual who intends to be a candidate, for the position on the board reserved for voting by owners of non-leased voting units, notify the board in writing, by a date that is specified in the notice and that is determined in accordance with the regulations, of the individual’s intention, name and address; (b)  a request that any owner who wishes that the board include any material in the notice calling the meeting provide the material to the board by a date that is specified in the notice and that is determined in accordance with the regulations; and (c)  all other materials, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 39 (1). Material to include in notice of meeting (2) The board is not required to include in the notice calling a meeting of owners any material mentioned in clause (1) (b) or (c) unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 39 (1). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 39 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 39 (2, 3) - not in force
48 (1) A mortgagee of a unit who is described in clause 46.1 (3) (c) has the right to vote at a meeting of owners in the place of the unit owner or to exercise the right, if any, of the unit owner to consent in writing if, at least four days before the date of the meeting, (a)  the mortgagee’s name appears in the record required by section 46.1 or is required by that section to appear in that record; and (b)  the mortgagee gives notice to the corporation and to the owner of the mortgagee’s intention to exercise the right. 2015, c. 28, Sched. 1, s. 43 (1). More than one mortgagee (2) If a unit is subject to more than one mortgage for which the mortgagee has the right to vote at a meeting of owners in the place of the owner or to consent in writing in the place of the owner, the mortgagee who has priority may exercise the right and in that case no other mortgagee may exercise the right. 1998, c. 19, s. 48 (2). Same (3) If a mortgagee who has priority fails to exercise the right, the mortgagee who is next in priority may exercise the right and in that case no other mortgagee may exercise the right. 1998, c. 19, s. 48 (3). Voting or consent by owner (4) If none of the mortgagees who have the right exercises the right, the owner has the right to, (a)  vote at a meeting of owners subject to subsection 51 (1); or (b)  consent in writing if the owner is otherwise entitled to consent under this Act. 2015, c. 28, Sched. 1, s. 43 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 43 (1, 2) - 01/11/2017
49 (1) An owner is not entitled to vote at a meeting if any contributions payable in respect of the owner’s unit have been in arrears for 30 days or more at the time of the meeting. 1998, c. 19, s. 49 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 49 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 44 (1)) Loss of owner’s right to vote (1) An owner is not entitled to vote at a meeting if any contributions to the common expenses payable for the owner’s unit have been in arrears for 30 days or more at the time of the meeting. 2015, c. 28, Sched. 1, s. 44 (1). Payment of arrears (2) An owner who is not entitled to vote under subsection (1) may vote if the corporation receives payment of the arrears with respect to the owner’s unit before the meeting is held. 1998, c. 19, s. 49 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 49 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 44 (1)) Payment of arrears (2) An owner who, under subsection (1), is not entitled to vote may vote if the corporation receives payment of the arrears with respect to the owner’s unit before the meeting is held. 2015, c. 28, Sched. 1, s. 44 (1). Parking or storage unit (3) No owner shall vote in respect of a unit that is intended for parking or storage purposes or for the purpose of providing space for services or facilities or mechanical installations unless all the units in the corporation are used for one or more of those purposes. 1998, c. 19, s. 49 (3); 2015, c. 28, Sched. 1, s. 44 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 44 (1) - not in force; 2015, c. 28, Sched. 1, s. 44 (2) - 01/11/2017
50 (1) A quorum for the transaction of business at a meeting of owners, other than a meeting of owners mentioned in subsection 42 (6), section 43 or subsection 45 (2) or such other meetings that are prescribed, is those owners who own 25 per cent of the units in the corporation. 2015, c. 28, Sched. 1, s. 45 (1). Same, annual general meeting, etc. (1.1) A quorum for the transaction of business at a meeting of owners mentioned in section 43 or subsection 45 (2) or such other meetings that are prescribed is, (a)  those owners who own 25 per cent of the units in the corporation, if it is the first attempt to hold the meeting; (b)  those owners who own 25 per cent of the units in the corporation, if a quorum is not present at the first attempt to hold the meeting and it is the second attempt to hold the meeting; or (c)  subject to subsection (1.2), those owners who own 15 per cent of the units in the corporation, if a quorum is not present at the second attempt to hold the meeting and it is the third or subsequent attempt to hold the meeting. 2015, c. 28, Sched. 1, s. 45 (1). Higher quorum (1.2) A by-law registered in accordance with subsection 56 (9) after this subsection comes into force may provide that the quorum for the transaction of business at a meeting of owners, other than a meeting of owners that is mentioned in subsection 42 (6) or that is prescribed, is those owners who own 25 per cent of the units in the corporation, subject to subsection (2). 2015, c. 28, Sched. 1, s. 45 (1). Restriction on voting (1.3) Despite subsection 47 (8), no vote shall be taken at a meeting of owners under clause (1.1) (b) or (c) on any matter other than routine procedure unless that matter was clearly disclosed in the notice of first attempt to hold the meeting under clause (1.1) (a). 2015, c. 28, Sched. 1, s. 45 (1). Determination of quorum (2) To count towards the quorum, an owner must be entitled to vote at a meeting and shall be present at the meeting or represented by proxy. 1998, c. 19, s. 50 (2); 2015, c. 28, Sched. 1, s. 45 (2). Where only one owner (3) If a corporation has only one owner, the owner present in person or by proxy constitutes a meeting. 1998, c. 19, s. 50 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 45 (1, 2) - 01/11/2017
51.1 (1) All consents by owners shall be on the basis of one consent per unit. 2015, c. 28, Sched. 1, s. 47. Joint owners (2) The majority of the owners of a unit may exercise the right to consent in respect of the unit but the consent shall not be counted if there are two or more owners of the unit and they are evenly divided on the exercise of the right to consent. 2015, c. 28, Sched. 1, s. 47. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 47 - 01/11/2017
52 (1) Votes may be cast by, (a)  a show of hands, personally or by proxy; or (b)  a recorded vote that is, (i)  marked on a ballot cast personally or by a proxy, or (ii)  marked on an instrument appointing a proxy. (iii)  Repealed: 2023, c. 9, Sched. 7, s. 7 (1). 2015, c. 28, Sched. 1, s. 48 (1); 2023, c. 9, Sched. 7, s. 7 (1). Same (1.1) Subject to the by-laws, a vote by a show of hands or by a recorded vote may be conducted entirely by one or more telephonic or electronic means or by any combination of in-person voting and by one or more telephonic or electronic means. 2023, c. 9, Sched. 7, s. 7 (2). Same (1.1.1) In addition to any other matters that the by-laws may provide for with respect to holding a vote in accordance with subsection (1.1), the by-laws may, (a)  limit the method or methods by which a vote may be conducted in accordance with subsection (1.1); and (b)  specify requirements that apply with respect to the holding of a vote by a method described in subsection (1.1) or by such method as described by the by-laws made under clause (a). 2023, c. 9, Sched. 7, s. 7 (2). Proxy (1.2) A vote cast by proxy is subject to the instrument appointing the proxy. 2015, c. 28, Sched. 1, s. 48 (1). Request for recorded vote (2) At a meeting of owners, a person entitled to vote at the meeting may request that a recorded vote described in clause (1) (b) be held on any item scheduled for a vote either before or promptly after the vote. 1998, c. 19, s. 52 (2); 2015, c. 28, Sched. 1, s. 48 (2); 2023, c. 9, Sched. 7, s. 7 (3). Proxy (3) A proxy need not be an owner. 1998, c. 19, s. 52 (3). Appointment of proxy (4) An instrument appointing a proxy shall be in writing under the hand of the appointer or the appointer’s attorney, shall be for one or more particular meetings of owners, shall comply with the regulations and shall be in the prescribed form. 2015, c. 28, Sched. 1, s. 48 (3). (5)-(7) Repealed: 2015, c. 28, Sched. 1, s. 48 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 48 (1, 3) - 01/11/2017; 2015, c. 28, Sched. 1, s. 48 (2) - 3/12/2015 2023, c. 9, Sched. 7, s. 7 (1-3) - 01/10/2023
53 Unless otherwise provided in this Act, all questions proposed for the consideration of the owners at a meeting of owners shall be determined by a majority of the votes cast by owners at the meeting in accordance with subsection 52 (1). 2015, c. 28, Sched. 1, s. 49. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 49 - 01/11/2017
57 (1) Subject to section 56, the board may, by resolution, make, amend or repeal by-laws not contrary to this Act or the declaration that establish standards for the occupancy of units in the corporation for residential purposes. 1998, c. 19, s. 57 (1); 2015, c. 28, Sched. 1, s. 53 (1). Standards (2) The standards shall be, (a)  the occupancy standards contained in a by-law passed by the council of a municipality in which the land of the corporation is situated; or (b)  subject to the regulations, standards that are not more restrictive than standards that are in accordance with the maximum occupancy for each unit based on the maximum occupancy for which the building in which the units are located is designed. 1998, c. 19, s. 57 (2); 2015, c. 28, Sched. 1, s. 146 (1). Prohibition (3) A by-law passed under subsection (1) may prohibit persons from occupying units in the corporation that do not comply with the standards set out in the by-law. 1998, c. 19, s. 57 (3); 2015, c. 28, Sched. 1, s. 53 (1). Assessments (4) If the corporation has passed a by-law under subsection (1) and a person contravenes the standards for the occupancy of a unit set out in the by-law, the board may, by resolution, levy against the unit, (a)  an assessment for the amount that reasonably reflects the amount by which the contravention increases the cost of maintaining the common elements and repairing them after damage; and (b)  an assessment for the amount that reasonably reflects the amount by which the contravention increases the cost of using the utilities that form part of the common expenses. 1998, c. 19, s. 57 (4); 2015, c. 28, Sched. 1, s. 53 (2). Part of common expenses (5) The assessments mentioned in subsection (4) shall form part of the contribution to the common expenses payable for the unit. 1998, c. 19, s. 57 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 53 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
60 (1) At their first meeting, the owners shall appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting and, if the owners do not do so, the board shall make the necessary appointments as expeditiously as possible. 1998, c. 19, s. 60 (1). Same, subsequent years (2) At each annual general meeting, the owners shall appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting and, if the owners do not do so, the auditor in office continues in office until a successor is appointed. 1998, c. 19, s. 60 (2). Appointment by court (3) If for any reason no auditor is appointed as required by this section, the Superior Court of Justice may, on the application of an owner, (a)  appoint one or more persons qualified to be auditors to hold office as auditors until the close of the next annual general meeting; (b)  fix the remuneration that the corporation shall pay for the services of the auditor who is appointed; and (c)  fix the amount that the corporation shall pay to the owner for the cost of the application. 1998, c. 19, s. 60 (3); 2000, c. 26, Sched. B, s. 7 (5). Notice of appointment (4) The corporation shall give notice in writing to an auditor of the appointment immediately after the appointment is made. 1998, c. 19, s. 60 (4). Exception (5) The owners of a corporation shall not appoint auditors under subsection (2) at an annual general meeting if, (a)  a turn-over meeting has been held under section 43; (b)  the corporation consists of fewer than 25 units; and (c)  as of the date of the meeting, all the owners consent in writing to dispense with the audit mentioned in subsection 67 (1) until the next annual general meeting. 1998, c. 19, s. 60 (5). Loss of owner’s right to consent (6) An owner is not entitled to consent under clause (5) (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. 56. Payment of arrears (7) An owner who, under subsection (6), 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. 56. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001 2015, c. 28, Sched. 1, s. 56 - 01/11/2017
61 No person shall act as auditor of a corporation if the person, (a)  is a director, officer or employee of the corporation; (b)  is a condominium manager who provides condominium management services to the corporation under an agreement between the corporation and either the manager or a condominium management provider; (c)  has an interest in a contract to which the corporation is a party; or (d)  is a partner, employer or employee of a person mentioned in clause (a) or (b). 1998, c. 19, s. 61; 2015, c. 28, Sched. 2, s. 80 (10). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 57 - no effect - see 2015, c. 28, Sched. 2, s. 82 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (10), 82 (1, 2) - 01/11/2017
62 The remuneration of an auditor shall be fixed, (a)  by the owners if the auditor is appointed by the owners; or (b)  by the board if authorized by the owners to do so or if the auditor is appointed by the board. 1998, c. 19, s. 62.
63 (1) The owners may remove an auditor before the expiration of the auditor’s term of office at a meeting duly called for that purpose. 1998, c. 19, s. 63 (1). Replacement (2) If the owners remove an auditor under subsection (1), they shall, at the same meeting, appoint a person qualified to be an auditor to act as auditor for the remainder of the term of the auditor who was removed. 1998, c. 19, s. 63 (2). (3) Repealed: 2015, c. 28, Sched. 1, s. 58. Notice to auditors (4) At least 30 days before giving the owners notice of a meeting for the purpose of removing an auditor, the person calling the meeting shall give to the auditor, (a)  written notice of the intention to call the meeting, specifying the date on which the notice of the meeting is proposed to be mailed; (b)  a statement of the name of the auditor who is proposed to be removed and the reasons for the removal; and (c)  a copy of all material proposed to be sent to the owners in connection with the meeting. 1998, c. 19, s. 63 (4). Right to make representations (5) An auditor may make written representations to the corporation concerning the proposed removal of the auditor or the appointment of another person to fill the office of auditor. 1998, c. 19, s. 63 (5). Method (6) In order to make representations under subsection (5), an auditor shall send them to the person calling the meeting at least three days before the mailing of the notice of the meeting. 1998, c. 19, s. 63 (6). Notice of meeting (7) The person calling the meeting shall, at the expense of the corporation, include in the notice of the meeting, (a)  a statement of the name of the auditor who is proposed to be removed and the reasons for the removal; and (b)  a copy of all representations received. 1998, c. 19, s. 63 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 58 - 01/11/2017
64 (1) A resignation of an auditor becomes effective at the time a written resignation is delivered to the corporation or at the time specified in the resignation, whichever is later. 1998, c. 19, s. 64 (1). Representations (2) In a resignation, the auditor may make written representations to the corporation concerning the resignation and in that case the corporation shall attach a copy of the representations to the notice of the next meeting of owners. 1998, c. 19, s. 64 (2).
65 (1) If a vacancy arises in the office of auditor, the directors may appoint any person qualified to be an auditor to hold office as auditor to fill the vacancy. 1998, c. 19, s. 65 (1). Term of replacement (2) An auditor appointed under subsection (1) shall hold office until the close of the next annual general meeting or until a successor is appointed, whichever is later. 1998, c. 19, s. 65 (2).
66 (1) A corporation shall have its financial statements prepared in the prescribed manner and in accordance with generally accepted accounting principles as are prescribed. 1998, c. 19, s. 66 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 66 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 59 (1)) Financial statements (1) A corporation shall have its financial statements prepared in the prescribed manner and in accordance with Canadian accounting standards for not-for-profit organizations as are prescribed. 2015, c. 28, Sched. 1, s. 59 (1). Contents (2) The financial statements shall include, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 66 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 59 (2)) Contents (2) Unless the regulations provide otherwise, the financial statements shall include, (a)  a balance sheet; (b)  a statement of general operations; (c)  a statement of changes in financial position; Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 66 (2) (a), (b) and (c) of the Act are repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 59 (3)) (a)  the budget of the corporation for the fiscal year to which the financial statements apply; (b)  a statement of financial position; (c)  a statement of operations; (c.1)  a statement of changes in net assets; (c.2)  a statement of cash flows; (d)  a statement of reserve fund operations; (e)  prescribed information relating to the reserve fund study and the operation of the reserve fund; (f)  an indication of the aggregate remuneration paid to the directors in that capacity and the aggregate remuneration paid to the officers in that capacity; and (g)  the additional statements or information that the regulations require. 1998, c. 19, s. 66 (2); 2015, c. 28, Sched. 1, s. 146 (1). Approval (3) The board shall approve the financial statements before placing them before an annual general meeting. 1998, c. 19, s. 66 (3). Form of approval (4) The approval shall be evidenced by the signature at the bottom of the balance sheet by two of the directors duly authorized to sign. 1998, c. 19, s. 66 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 59 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
68 (1) If the number of directors of the corporation is more than six, the directors may elect annually from among their number a committee to be known as the audit committee to hold office until the next annual general meeting. 1998, c. 19, s. 68 (1). Members (2) The audit committee shall be composed of at least three directors and the majority of committee members shall not consist of officers or employees of the corporation. 1998, c. 19, s. 68 (2). Review of statements (3) On receiving the financial statements, the auditor’s report and an amended auditor’s report, if any, the audit committee shall review them and submit them to the board. 1998, c. 19, s. 68 (3). Auditor to appear (4) The auditor has the right to appear before and be heard at any meeting of the audit committee and shall appear before the committee when the committee so requires. 1998, c. 19, s. 68 (4). Meeting at auditor’s request (5) At the request of the auditor, the audit committee shall convene a meeting of the committee to consider all matters the auditor believes should be brought to the attention of the board or the committee members. 1998, c. 19, s. 68 (5).
69 (1) The board shall place before each annual general meeting, (a)  the financial statements as approved by the board; (b)  the auditor’s report; and (c)  all further information respecting the financial position of the corporation that the by-laws of the corporation require. 1998, c. 19, s. 69 (1). Copy with notice of meeting (2) The corporation shall attach to the notice of the annual general meeting a copy of the financial statements and the auditor’s report. 1998, c. 19, s. 69 (2).
70 (1) The auditor is entitled to attend a meeting of owners and to be heard on any part of the business of the meeting that concerns the office of the auditor. 1998, c. 19, s. 70 (1). Notice of meetings (2) The corporation shall give the auditor notice of all meetings of owners and all other communications relating to the meetings that the owners are entitled to receive. 1998, c. 19, s. 70 (2). Attendance required (3) The corporation or an owner may require that an auditor or a former auditor attend a meeting of owners for the purpose of answering inquiries described in subsection (6) by giving written notice to the person whose attendance is required, at least five days before the meeting, that the person’s presence is required. 1998, c. 19, s. 70 (3). Notice to corporation (4) An owner who gives written notice to an auditor or former auditor under subsection (3) shall give a copy of the notice to the corporation. 1998, c. 19, s. 70 (4). Remuneration for attendance (5) If an auditor or a former auditor is required to attend a meeting of owners, the corporation shall compensate the auditor or former auditor, as the case may be, for expenses and pay the reasonable remuneration that it deems appropriate. 1998, c. 19, s. 70 (5). Duty to answer questions (6) At a meeting of owners, the auditor or former auditor, as the case may be, if present, shall answer inquiries concerning the basis upon which the person formed the opinion stated in the person’s reports. 1998, c. 19, s. 70 (6).
71 (1) The board shall amend the corporation’s financial statements if facts come to the attention of the directors or officers of a corporation after the annual general meeting and the facts require a material adjustment to the financial statements that were presented at the meeting. 1998, c. 19, s. 71 (1). Copy of amended statements (2) Immediately after making an amendment, the corporation shall send to the auditor a statement of the facts that gave rise to the amendment and a copy of the amended financial statements. 1998, c. 19, s. 71 (2). Amendment of auditor’s report (3) On receiving the statements furnished under subsection (2), the auditor shall amend the auditor’s report if the auditor is of the opinion that it is necessary and in that case shall present it to the audit committee or to the board if there is no audit committee. 1998, c. 19, s. 71 (3). Delivery of amended report (4) The board shall mail or deliver a copy of the amended report to the owners. 1998, c. 19, s. 71 (4). Same, by auditor (5) If the board does not mail or deliver a copy of the amended report to the owners within a reasonable time, the auditor shall mail or deliver a copy of the amended report to the owners and the corporation shall reimburse the auditor for the reasonable costs incurred in the mailing or the delivery. 1998, c. 19, s. 71 (5). Part IV.1 (S.
71.0.1-71.0.3) Repealed: 2023, c. 9, Sched. 7, s. 10. 71.0.1-71.0.3 Repealed: 2023, c. 9, Sched. 7, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 5, s. 1 - 17/03/2020; 2020, c. 7, Sched. 5, s. 3 - no effect - see 2023, c. 9, Sched. 7, s. 13 - 08/06/2023 2023, c. 9, Sched. 7, s. 10 - 01/10/2023 PART V   SALE AND LEASE OF UNITS Disclosure Requirements
71.1 (1) The Minister shall ensure that one or more condominium guides are prepared, each of which shall set out, if the Minister considers appropriate, (a)  information for purchasers of units or proposed units; (b)  information about the rights and obligations of owners, occupiers of units and the board in a corporation; and (c)  such other matters that the Minister considers appropriate. 2015, c. 28, Sched. 1, s. 61. Different versions (2) A condominium guide may be prepared in different versions depending on the type of corporation, the persons or the circumstances to which it applies, all as the Minister may determine. 2015, c. 28, Sched. 1, s. 61. Delegation to condominium authority (3) If the condominium authority exists, the Minister may require the authority to prepare any of the condominium guides, subject to the Minister’s approval. 2015, c. 28, Sched. 1, s. 61. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 61 - 01/01/2021
73 (1) A purchaser who receives a disclosure statement and the condominium guide under subsection 72 (1) may, in accordance with this section, rescind the agreement of purchase and sale before accepting a deed to the unit being purchased that is in registerable form. 1998, c. 19, s. 73 (1); 2015, c. 28, Sched. 1, s. 64 (1). Notice of rescission (2) To rescind an agreement of purchase and sale under this section, a purchaser or the purchaser’s solicitor shall give a written notice of rescission to the declarant or to the declarant’s solicitor who must receive the notice within 10 days of the latest of, (a)  the date that the purchaser receives the disclosure statement; (b)  the date that the purchaser receives a copy of the applicable condominium guide under section 71.1; and (c)  the date that the purchaser receives a copy of the agreement of purchase and sale executed by the declarant and the purchaser. 1998, c. 19, s. 73 (2); 2015, c. 28, Sched. 1, s. 64 (2, 3). Refund upon rescission (3) If a declarant or the declarant’s solicitor receives a notice of rescission from a purchaser under this section, the declarant shall promptly refund, without penalty or charge, to the purchaser, all money received from the purchaser under the agreement and credited towards the purchase price, together with interest on the money calculated at the prescribed rate from the date that the declarant received the money until the date the declarant refunds it. 1998, c. 19, s. 73 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 64 (1-3) - 01/01/2021
77 On the request of any person, the corporation shall, without fee, provide the names and address for service of, (a)  the directors and officers of the corporation; (b)  the condominium management provider or the condominium manager, if any, with whom the corporation has entered into an agreement to receive condominium management services; (c)  any other person responsible for the management of the property; and (d)  the person to whom the corporation has delegated the responsibility for providing status certificates. 2015, c. 28, Sched. 2, s. 80 (11). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 68 - no effect - see 2015, c. 28, Sched. 2, s. 82 (3, 4) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (11), 82 (3, 4) - 01/11/2017 Sale of Units
85 (1) If an owner defaults in the obligation to contribute to the common expenses payable for the owner’s unit, the corporation has a lien against the owner’s unit and its appurtenant common interest for the unpaid amount together with all interest owing and all reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the unpaid amount. 1998, c. 19, s. 85 (1); 2015, c. 28, Sched. 1, s. 78 (1). Expiration of lien (2) The lien expires three months after the default that gave rise to the lien occurred unless the corporation within that time registers a certificate of lien in a form prescribed by the Minister. 1998, c. 19, s. 85 (2). Certificate of lien (3) A certificate of lien when registered covers, (a)  the amount owing under all of the corporation’s liens against the owner’s unit that have not expired at the time of registration of the certificate; (b)  the amount by which the owner defaults in the obligation to contribute to the common expenses payable for the owner’s unit after the registration of the certificate; and (c)  all interest owing and all reasonable legal costs and reasonable expenses that the corporation incurs in connection with the collection or attempted collection of the amounts described in clauses (a) and (b), including the costs of preparing and registering the certificate of lien and a discharge of it. 1998, c. 19, s. 85 (3); 2015, c. 28, Sched. 1, s. 78 (1). Notice to owner (4) At least 10 days before the day a certificate of lien is registered, the corporation shall give written notice of the lien to the owner whose unit is affected by the lien. 1998, c. 19, s. 85 (4). (5) Repealed: 2015, c. 28, Sched. 1, s. 78 (2). Lien enforcement (6) The lien may be enforced in the same manner as a mortgage. 1998, c. 19, s. 85 (6). Discharge of lien (7) Upon payment of the amounts described in subsection (3), the corporation shall prepare and register a discharge of the certificate of lien in the form prescribed by the Minister and shall advise the owner in writing of the particulars of the registration. 1998, c. 19, s. 85 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 78 (1, 2) - 01/11/2017