jswizzle3737/ontario_laws_and_regs huggingface dataset:
86 (1) Subject to subsection (2), a lien mentioned in subsection 85 (1) has priority over every registered and unregistered encumbrance even though the encumbrance existed before the lien arose but does not have priority over, (a)  a claim of the Crown other than by way of a mortgage; (b)  a claim for taxes, charges, rates or assessments levied or recoverable under the Municipal Act, 2001, the City of Toronto Act, 2006, the
Education Act or the Local Roads Boards Act; or (c)  a lien or claim that is prescribed. 1998, c. 19, s. 86 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 7; 2019, c. 14, Sched. 14, s. 8 and 2021, c. 25, Sched. 26, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 86 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 79 (1)) Competing liens (1.1) If two or more corporations have a lien mentioned in subsection 85 (1) or 139 (5) against the same real property that is prescribed, priority between the liens shall be determined in accordance with the regulations. 2015, c. 28, Sched. 1, s. 79 (1). Exception, non-residential lien (2) A lien in respect of a unit for non-residential purposes does not have priority under this section in respect of the amount by which the owner of the unit has defaulted in the obligation to contribute to the common expenses payable for the owner’s unit before the coming into force of this section. 1998, c. 19, s. 86 (2); 2015, c. 28, Sched. 1, s. 79 (2). Notice of lien (3) The corporation shall, on or before the day a certificate of lien is registered, give written notice of the lien to every encumbrancer whose encumbrance is registered against the title of the unit affected by the lien. 1998, c. 19, s. 86 (3). Service of notice (4) The corporation shall give the notice by personal service or by sending it by registered prepaid mail addressed to the encumbrancer at the encumbrancer’s last known address. 1998, c. 19, s. 86 (4). Effect of no notice (5) Subject to subsection (6), the lien loses its priority over an encumbrance unless the corporation gives the required notice to the encumbrancer. 1998, c. 19, s. 86 (5). Priority if notice late (6) If a corporation gives notice of a lien to an encumbrancer after the day the certificate of lien is registered, the lien shall have priority over the encumbrance to the extent of, (a)  the arrears of contributions to the common expenses payable for the owner’s unit that accrued during the three months before the day notice is given and that continue to accrue subsequent to that day; and (b)  all interest owing on the arrears and all reasonable legal costs and reasonable expenses incurred by the corporation in connection with the collection or attempted collection of the arrears. 1998, c. 19, s. 86 (6); 2015, c. 28, Sched. 1, s. 79 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 7 - 01/01/2007 2015, c. 28, Sched. 1, s. 79 (1) - not in force; 2015, c. 28, Sched. 1, s. 79 (2, 3) - 01/11/2017 2019, c. 14, Sched. 14, s. 8 - 01/01/2022
87 (1) If an owner who has leased a unit defaults in the obligation to contribute to the common expenses payable for the owner’s unit, the corporation may, by written notice to the lessee, require the lessee to pay to the corporation the lesser of the amount of the default and the amount of the rent due under the lease. 1998, c. 19, s. 87 (1); 2015, c. 28, Sched. 1, s. 80 (1). Service on lessee (2) The corporation shall give the notice to the lessee by personal service or by sending it by prepaid mail addressed to the lessee at the address of the unit. 1998, c. 19, s. 87 (2). Notice to owner (3) If the corporation gives a notice to a lessee, it shall give a copy of the notice to the owner of the unit that the lessee has leased. 1998, c. 19, s. 87 (3). (4) Repealed: 2015, c. 28, Sched. 1, s. 80 (2). Rent paid to corporation (5) Upon receiving a notice under subsection (1), the lessee shall make the required payment to the corporation even if an encumbrancer of the unit has acquired the right of the lessor to receive rent under the lease. 1998, c. 19, s. 87 (5). No default in lease (6) The payment to the corporation shall constitute payment towards rent under the lease and the lessee shall not by reason only of the payment to the corporation be considered to be in default of an obligation in the lease. 1998, c. 19, s. 87 (6). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 80 (1, 2) - 01/11/2017
88 (1) Every mortgage of a unit shall be deemed to contain a provision that, (a)  the mortgagee has the right to collect the contribution to the common expenses payable for the unit and shall promptly pay the amount so collected to the corporation on behalf of the owner of the unit; (b)  the owner’s default in the obligation to contribute to the common expenses payable for the owner’s unit constitutes default under the mortgage; (c)  the mortgagee has the right to pay, (i)  the amounts of the contribution to the common expenses payable for the owner’s unit that from time to time fall due and are unpaid in respect of the mortgaged premises, (ii)  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 subclause (i), including, where applicable, the costs of preparing and registering a certificate of lien and a discharge of it; (d)  payments made by the mortgagee under clause (c), together with interest and all reasonable costs, charges and expenses incurred in respect of the payments, are to be added to the debt secured by the mortgage and to be payable, with interest at the rate payable on the mortgage; and (e)  if after demand the owner fails to fully reimburse the mortgagee, the mortgage immediately becomes due and payable at the option of the mortgagee. 1998, c. 19, s. 88 (1); 2015, c. 28, Sched. 1, s. 81 (1-3). Statement of common expenses (2) A corporation shall, on request and free of charge, provide to the mortgagee of a unit a written statement setting out the contribution to the common expenses payable for the owner’s unit and, if there is a default in the payment of them, the amounts described in subsection 85 (3) in respect of the unit. 1998, c. 19, s. 88 (2); 2015, c. 28, Sched. 1, s. 81 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 81 (1-4) - 01/11/2017 Repair and Maintenance
89 (1) Subject to sections 91 and 123, the corporation shall repair the units and common elements after damage. 1998, c. 19, s. 89 (1). Extent of obligation (2) The obligation to repair after damage includes the obligation to repair and replace after damage or failure but, subject to subsection (5), does not include the obligation to repair after damage improvements made to a unit. 1998, c. 19, s. 89 (2). Determination of improvements (3) For the purpose of this section, the question of what constitutes an improvement to a unit shall be determined by reference to a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 89 (3). Standard unit (4) A standard unit for the class of unit to which the unit belongs shall be, (a)  the standard unit described in a by-law made under clause 56 (1) (h), if the board has made a by-law under that clause; (b)  the standard unit described in the schedule mentioned in clause 43 (5) (h), if the board has not made a by-law under clause 56 (1) (h). 1998, c. 19, s. 89 (4). Transition, existing corporations (5) A corporation that was created before the day this section comes into force and that had the obligation of repairing after damage improvements made to a unit before the registration of the declaration and description shall continue to have the obligation unless it has, by by-law, established what constitutes a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 89 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, section 89 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82) Repair 89 (1) Subject to sections 91 and 123, the corporation shall repair the common elements and the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 82. Same, units (2) Subject to sections 91 and 123, each owner shall repair the owner’s unit. 2015, c. 28, Sched. 1, s. 82. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 82 - not in force
90 (1) Subject to section 91, the corporation shall maintain the common elements and each owner shall maintain the owner’s unit. 1998, c. 19, s. 90 (1). Normal repairs included (2) The obligation to maintain includes the obligation to repair after normal wear and tear but does not include the obligation to repair after damage. 1998, c. 19, s. 90 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 90 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82) Maintenance 90 (1) Subject to section 91, the corporation shall maintain the common elements and the assets, if any, of the corporation and each owner shall maintain the owner’s unit. 2015, c. 28, Sched. 1, s. 82. Same, not repair (2) The obligation to maintain does not include the obligation to repair. 2015, c. 28, Sched. 1, s. 82. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 82 - not in force
91 The declaration may alter the obligation to maintain or to repair after damage as set out in this Act by providing that, (a)  subject to section 123, each owner shall repair the owner’s unit after damage; (b)  the owners shall maintain the common elements or any part of them; (c)  each owner shall maintain and repair after damage those parts of the common elements of which the owner has the exclusive use; and (d)  the corporation shall maintain the units or any part of them. 1998, c. 19, s. 91. Note: On a day to be named by proclamation of the Lieutenant Governor, section 91 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 82) Alterations by declaration 91 The declaration may alter the obligation to repair or to maintain as set out in this Act by providing that, subject to the regulations, (a)  subject to section 123, the corporation shall repair the units or any part of them; (b)  subject to section 123, the owners shall repair the common elements or any part of them; (c)  the corporation shall maintain the units or any part of them; (d)  the owners shall maintain the common elements or any part of them; (e)  the corporation shall carry out an obligation to repair or to maintain on behalf of or for the benefit of an owner and may add the cost of the work to the contribution to the common expenses payable for the owner’s unit; (f)  the corporation shall be responsible for the costs to remove or restore parts of a unit or other real property or personal property of an owner in order to carry out an obligation of the corporation to repair or to maintain; and (g)  the corporation or the owners shall have the other obligations or responsibilities to repair or to maintain that are prescribed. 2015, c. 28, Sched. 1, s. 82. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 82 - not in force
92 (1) If the declaration provides that the owner has an obligation to repair after damage and the owner fails to carry out the obligation within a reasonable time after damage occurs, the corporation shall do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1)) Work done for owner (1) If an owner has an obligation under this Act to repair and fails to carry out the obligation within a reasonable time, the corporation shall do the work necessary to carry out the obligation unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 83 (1). Same, maintenance (2) If the declaration provides that the owner has an obligation to maintain the common elements or any part of them and the owner fails to carry out the obligation within a reasonable time, the corporation may do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1)) Same, maintenance (2) If an owner has an obligation under this Act to maintain the common elements or any part of them and the owner fails to carry out the obligation within a reasonable time, the corporation may do the work necessary to carry out the obligation. 2015, c. 28, Sched. 1, s. 83 (1). Same, maintenance of units (3) If an owner has an obligation under this Act to maintain the owner’s unit and fails to carry out the obligation within a reasonable time and if the failure presents a potential risk of damage to the property or the assets of the corporation or a potential risk of personal injury to persons on the property, the corporation may do the work necessary to carry out the obligation. 1998, c. 19, s. 92 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 92 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 83 (1)) Same, maintenance of units (3) If an owner has an obligation under this Act to maintain the owner’s unit and fails to carry out the obligation within a reasonable time and if the circumstances set out in the regulations exist, the corporation may do the work necessary to carry out the obligation. 2015, c. 28, Sched. 1, s. 83 (1). Cost (4) An owner shall be deemed to have consented to the work done by a corporation under this section and the cost of the work shall be added to the contribution to the common expenses payable for the owner’s unit. 1998, c. 19, s. 92 (4); 2015, c. 28, Sched. 1, s. 83 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 83 (1) - not in force; 2015, c. 28, Sched. 1, s. 83 (2) - 01/11/2017
95 (1) No part of a reserve fund shall be used except for the purpose mentioned in subsection 93 (2). 1998, c. 19, s. 95 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (1) of the Act is amended by striking out “the purpose” and substituting “the purposes”. (See: 2015, c. 28, Sched. 1, s. 86 (1)) Board’s use (2) The board does not require the consent of the owners to make an expenditure out of a reserve fund. 1998, c. 19, s. 95 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (2) of the Act is amended by adding “Subject to the regulations” at the beginning. (See: 2015, c. 28, Sched. 1, s. 86 (2)) No distribution (3) The amount of a reserve fund shall constitute an asset of the corporation and shall not be distributed to the mortgagees of the units or, except on termination of the corporation, to the owners of the units. 1998, c. 19, s. 95 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 86 - not in force
96 (1) All warranties given with respect to work and materials furnished for a unit shall be for the benefit of an owner. 1998, c. 19, s. 96 (1). Enforcement by corporation (2) The corporation may enforce the warranties mentioned in subsection (1) on behalf of an owner if the corporation does work on behalf of the owner under section 92. 1998, c. 19, s. 96 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96 (2) of the Act is amended by striking out “section 92” at the end and substituting “section 91 or 92”. (See: 2015, c. 28, Sched. 1, s. 87 (1)) Same, common elements (3) All warranties given with respect to work and materials furnished for the common elements shall be for the benefit of the corporation. 1998, c. 19, s. 96 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96 (3) of the Act is amended by adding “or the assets, if any, of the corporation” after “common elements”. (See: 2015, c. 28, Sched. 1, s. 87 (2)) Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 87 - not in force Changes to Common Elements and Assets
99 (1) The corporation shall obtain and maintain insurance, on its own behalf and on behalf of the owners, for damage to the units and common elements that is caused by major perils or the other perils that the declaration or the by-laws specify. 1998, c. 19, s. 99 (1). Definition (2) In subsection (1), “major perils” means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft or vehicles, vandalism or malicious acts. 1998, c. 19, s. 99 (2). Exclusion ineffective (3) An exclusion in the insurance required by this section is not effective with respect to damage resulting from faulty or improper material, workmanship or design that would be insured, but for the exclusion. 1998, c. 19, s. 99 (3). Improvements not included (4) The obligation to insure under subsection (1) does not include insurance for damage to improvements made to a unit. 1998, c. 19, s. 99 (4). Determination of improvements (5) For the purpose of this section, the question of what constitutes an improvement to a unit shall be determined by reference to a standard unit for the class of unit to which the unit belongs. 1998, c. 19, s. 99 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 99 (5) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 89) Standard unit (6) A standard unit for the class of unit to which the unit belongs shall be, (a)  the standard unit described in a by-law made under clause 56 (1) (h), if the board has made a by-law under that clause; (b)  the standard unit described in the schedule mentioned in clause 43 (5) (h), if the board has not made a by-law under clause 56 (1) (h). 1998, c. 19, s. 99 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 99 (6) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 89) Amount of recovery (7) Subject to a reasonable deductible, the insurance required under this section shall cover the replacement cost of the property damaged by the perils to which the insurance applies. 1998, c. 19, s. 99 (7). Breach of policy (8) Despite anything in an insurance policy issued under this section, no act of any person shall be deemed to be a breach of the conditions of the policy if the act is prejudicial to the interests of the corporation or the owners. 1998, c. 19, s. 99 (8). Termination (9) An insurance policy issued under this section shall be deemed to include a clause that the insurer shall not terminate the insurance contract unless the insurer gives the corporation and the insurance trustee, if any, at least 60 days notice by registered mail. 1998, c. 19, s. 99 (9). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 89 - not in force
101 (1) Insurance that a corporation obtains and maintains under section 99 shall be deemed not to be other insurance for the purpose of any prohibition of or condition against other insurance in a policy of an owner insuring against loss of or damage to the owner’s unit or the owner’s interest in the common elements and covering only to the extent that the insurance placed by the corporation is inapplicable, inadequate or ineffective. 1998, c. 19, s. 101 (1). No reciprocal contribution (2) Despite section 150 of the Insurance Act, an insurance policy issued under section 99 and any other insurance policy, except another policy under section 99, are not liable to be brought into contribution with each other. 1998, c. 19, s. 101 (2).
102 The corporation shall obtain and maintain, (a)  insurance against its liability resulting from a breach of duty as occupier of the common elements or land that the corporation holds as an asset; and (b)  insurance against its liability arising from the ownership, use or operation, by or on its behalf, of boilers, machinery, pressure vessels and motor vehicles. 1998, c. 19, s. 102.
103 (1) Nothing in this Act shall be construed to restrict the capacity of a corporation, an owner or any other person to obtain and maintain insurance in respect of an insurable interest. 1998, c. 19, s. 103 (1). Same (2) For the purposes of sections 99 and 102, the corporation shall be deemed to have an insurable interest in the units and common elements. 1998, c. 19, s. 103 (2).
104 An insurer under an insurance policy required by this Act shall provide the corporation with a certificate or memorandum of insurance declaring the coverage carried by the corporation on behalf of all owners. 1998, c. 19, s. 104.
105.1 Subject to the regulations, the board shall provide the owners, in accordance with the regulations, with a notice containing information relating to the insurance mentioned in each of sections 39, 99, 102 and 105 and the regulations, if any. 2015, c. 28, Sched. 1, s. 92. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 92 - 01/11/2017
106 If any provision of an insurance policy required by section 99 or 102 or any part of the Insurance Act conflicts with anything in this Act, the provisions of this Act apply. 1998, c. 19, s. 106. Amendments to the Declaration and Description
108 Despite section 107, the board may change the address for service or the mailing address of the corporation by registering a notice of change of address in the form prescribed by the Minister. 1998, c. 19, s. 108; 2015, c. 28, Sched. 1, s. 94. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 94 - 01/11/2017
109 (1) The corporation or an owner may make an application to the Superior Court of Justice for an order to amend the declaration or description. 1998, c. 19, s. 109 (1); 2000, c. 26, Sched. B, s. 7 (7). Notice of application (2) The applicant shall give at least 15 days notice of an application to the corporation and to every owner and mortgagee whose name, on the 30th day before the application is made, appears in the record of the corporation required by section 46.1 or is required by that section to appear in that record, but the applicant is not required to give notice to the applicant. 2015, c. 28, Sched. 1, s. 95. Grounds for order (3) The court may make an order to amend the declaration or description if satisfied that the amendment is necessary or desirable to correct an error or inconsistency that appears in the declaration or description or that arises out of the carrying out of the intent and purpose of the declaration or description. 1998, c. 19, s. 109 (3). Registration (4) An amendment under this section is ineffective until a certified copy of the order has been registered. 1998, c. 19, s. 109 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 05/05/2001 2015, c. 28, Sched. 1, s. 95 - 01/11/2017
110 (1) The corporation or an interested person may apply to the Director of Titles appointed under section 9 of the Land Titles Act for an order to amend the declaration or description to correct an error or inconsistency that is apparent on the face of the declaration or description, as the case may be. 1998, c. 19, s. 110 (1). Notice of application (2) The applicant shall give notice of the application in the form and manner that the Director of Titles directs to the corporation and to every owner and mortgagee whose name appears in the record of the corporation required by section 46.1 or is required by that section to appear in that record and whose interest would be affected by the amendment, but the applicant is not required to give notice to the applicant. 2015, c. 28, Sched. 1, s. 96. Grounds for order (3) The Director of Titles shall make an order to amend the declaration or description if satisfied that the amendment will correct an error or inconsistency that is apparent on the face of the declaration or description, as the case may be. 1998, c. 19, s. 110 (3). Registration (4) An amendment under this section is ineffective until a certified copy of the order has been registered. 1998, c. 19, s. 110 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 9, s. 4 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2015, c. 28, Sched. 1, s. 96 - 01/11/2017 Termination of Agreements
111 (1) Subject to subsection (2), a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services and that it has entered into with a person before the owners elected a new board at a meeting held in accordance with subsection 43 (1). 2015, c. 28, Sched. 2, s. 80 (12). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 111 (1) of the Act is amended by adding “and despite anything in the declaration, a by-law, an agreement or an instrument” after “subsection (2)”. (See: 2015, c. 28, Sched. 1, s. 97 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 111 (1) of the Act is repealed and the following substituted: This amendment applies only if subsection 97 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015
comes into force on or before the day subsection 80 (14) of Schedule 2 to the Protecting Condominium Owners Act, 2015 comes into force. (See: 2015, c. 28, Sched. 2, s. 80 (14), (15)) Management agreements (1) Subject to subsection (2) and despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services and that it has entered into with a person before the owners elected a new board at a meeting held in accordance with subsection 43 (1). 2015, c. 28, Sched. 2, s. 80 (14). Notice (2) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the corporation entered into the agreement. 1998, c. 19, s. 111 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 111 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 97 (2)) No liability (3) If a corporation terminates an agreement under this section, 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. 97 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 97 - not in force; 2015, c. 28, Sched. 2, s. 80 (12, 13) - 01/11/2017; 2015, c. 28, Sched. 2, s. 80 (14, 15) - not in force
112 (1) Subject to subsection (4), a corporation may, by resolution of the board within 12 months following the election of a new board at a meeting held in accordance with subsection 43 (1), terminate an agreement mentioned in subsection (2) that the corporation has entered into with a person other than another corporation before the election of the new board. 1998, c. 19, s. 112 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 112 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 98 (1)) Other agreements (1) Subject to subsection (4) and the regulations and despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may, by resolution of the board within 12 months following the election of a new board at a meeting held in accordance with subsection 43 (1), terminate an agreement described in subsection (2) that the corporation has entered into with a person before the election of the new board, other than an agreement mentioned in section 21.1. 2015, c. 28, Sched. 1, s. 98 (1). Application (2) Subsection (1) applies to the following agreements: 1.  An agreement for the provision of goods or services on a continuing basis. 2.  An agreement for the provision of facilities to the corporation on other than a non-profit basis. 3.  A lease of all or part of the common elements for business purposes. 1998, c. 19, s. 112 (2). Non-application (3) Subsection (1) does not apply to a telecommunications agreement within the meaning of section 22. 1998, c. 19, s. 112 (3). Notice (4) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the corporation entered into the agreement. 1998, c. 19, s. 112 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 112 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 98 (2)) No liability (4.1) If a corporation terminates an agreement under this section, 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. 98 (2). Exception, easements (5) Nothing in this section permits the termination of an easement created by an instrument in writing except in accordance with the instrument. 1998, c. 19, s. 112 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 98 - not in force
113 (1) If a corporation and a person have entered into an agreement for the mutual use, provision or maintenance or the cost-sharing of facilities or services before the owners elected a new board at a meeting held in accordance with subsection 43 (1), any party to the agreement may, within 12 months following the election, make an application to the Superior Court of Justice for an order under subsection (3). 1998, c. 19, s. 113 (1); 2000, c. 26, Sched. B, s. 7 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 113 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 99) Shared facilities agreements (1) If a corporation and a person have entered into an agreement to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services before the owners elected a new board at a meeting held in accordance with subsection 43 (1), any party to the agreement may, within 12 months following the election, make an application to the Superior Court of Justice for an order under subsection (3), unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 99. Non-application (2) Subsection (1) does not apply to a telecommunications agreement within the meaning of section 22. 1998, c. 19, s. 113 (2). Court order (3) The court may make an order amending or terminating the agreement or any of its provisions or may make any other order that the court deems necessary if it is satisfied that, (a)  the disclosure statement did not clearly and adequately disclose the provisions of the agreement; and (b)  the agreement or any of its provisions produces a result that is oppressive or unconscionably prejudicial to the corporation or any of the owners. 1998, c. 19, s. 113 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001 2015, c. 28, Sched. 1, s. 99 - not in force
114 Despite anything contained in an insurance trust agreement that a corporation has entered into with an insurance trustee and anything in the declaration, the corporation may terminate the agreement by giving at least 60 days notice in writing of the termination date to the trustee. 1998, c. 19, s. 114. Note: On a day to be named by proclamation of the Lieutenant Governor, section 114 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 100) Insurance trust agreements 114 (1) Despite anything in the declaration, a by-law, an agreement or an instrument, a corporation may terminate an insurance trust agreement that the corporation has entered into with an insurance trustee by giving at least 60 days notice in writing of the termination date to the trustee. 2015, c. 28, Sched. 1, s. 100. No liability (2) If a corporation terminates an agreement under this section, 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. 100. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 100 - not in force Miscellaneous
116 An owner may make reasonable use of the common elements and the assets, if any, of the corporation, subject to this Act, the declaration, the by-laws and the rules. 2015, c. 28, Sched. 1, s. 102. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 102 - 01/01/2022
117 (1) No person shall, through an act or omission, cause a condition to exist or an activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual. 2015, c. 28, Sched. 1, s. 102. Same (2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of, (a)  any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation; or (b)  any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 102. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 102 - 01/01/2022
118 No corporation or employee or agent of a corporation shall restrict reasonable access to the property by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or an office in a municipal government or school board if access is necessary for the purpose of canvassing or distributing election material. 1998, c. 19, s. 118.
119 (1) A corporation, the directors, officers and employees of a corporation, a declarant, the lessor of a leasehold condominium corporation, an owner, an occupier of a unit and a person having an encumbrance against a unit and its appurtenant common interest shall comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 119 (1). Responsibility for occupier (2) An owner shall take all reasonable steps to ensure that an occupier of the owner’s unit and all invitees, agents and employees of the owner or occupier comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 119 (2). Enforcing compliance (3) A corporation, an owner and every person having a registered mortgage against a unit and its appurtenant common interest have the right to require that a person who is required to comply with this Act, the declaration, the by-laws and the rules shall do so. 2015, c. 28, Sched. 1, s. 103. Proposed unit (4) Until the declarant registers a declaration and description and the by-laws and rules of the corporation come into force, an occupier of a proposed unit shall comply with this Act, the declaration and the by-laws and rules proposed by the declarant; the declarant shall take all reasonable steps to ensure that the occupier complies with this section. 1998, c. 19, s. 119 (4). Right against occupier (5) Until the declarant registers a declaration and description and the by-laws and rules of the corporation come into force, an occupier of a proposed unit has the right to require the occupiers of the other units in the proposed corporation to comply with this Act, the declaration and the by-laws and rules proposed by the declarant. 1998, c. 19, s. 119 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 103 - 01/11/2017 PART VII   AMALGAMATION
121 (1) On registration of a declaration and description for an amalgamated corporation, (a)  the amalgamating corporations are amalgamated and continue as one corporation; (b)  the units and common interests of the amalgamating corporations are continued as units and common interests in the amalgamated corporation; (c)  all encumbrances, easements and leases that affected the units or common elements of the amalgamating corporations are continued as encumbrances, easements and leases respectively that affect the units or common elements, as the case may be, of the amalgamated corporation; (d)  all declarations, descriptions, by-laws and rules of the amalgamating corporations cease to apply; (e)  the directors of the amalgamating corporations constitute the first directors of the amalgamated corporation; (f)  the proposed by-laws and rules mentioned in clause 120 (3) (b) shall be the by-laws and rules respectively of the amalgamated corporation until the corporation amends or replaces them; (g)  the amalgamated corporation possesses all the assets, rights and privileges and is subject to all liabilities, including civil, criminal and quasi-criminal, and all contracts, agreements, warranties and debts of each of the amalgamating corporations; (h)  a conviction against, or ruling, order or judgment in favour of or against an amalgamating corporation may be enforced by or against the amalgamated corporation; and (i)  the amalgamated corporation shall be deemed to be the party plaintiff or the party defendant, as the case may be, in all civil actions commenced by or against an amalgamating corporation before the amalgamation becomes effective. 1998, c. 19, s. 121 (1). First auditors (2) Immediately following the registration of a declaration and description for an amalgamated corporation, the directors shall appoint one or more auditors who shall hold office until the close of the meeting of owners described in subsection (3). 1998, c. 19, s. 121 (2). Subsequent directors (3) The first directors of an amalgamated corporation shall hold office until the owners elect their successors at a meeting which the first directors shall call and hold within 60 days following the registration of the declaration and description for the corporation. 1998, c. 19, s. 121 (3). Subsequent auditors (4) At the meeting the owners shall, subject to section 60 with necessary modifications, appoint successors for the auditors mentioned in subsection (2). 1998, c. 19, s. 121 (4). PART VIII   TERMINATION
122 (1) A corporation shall register a notice terminating the government of the property by this Act if, (a)  the owners of at least 80 per cent of the units, at the date of the vote, vote in favour of termination; and (b)  at least 80 per cent of those persons who, at the date of the vote, have registered claims against the property, that were created after the registration of the declaration and description that made this Act applicable to the property, consent in writing to the termination. 1998, c. 19, s. 122 (1); 2015, c. 28, Sched. 1, s. 105 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 122 (1) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 105 (2)) (c)  all other conditions, if any, that are prescribed have been satisfied. Notice of termination (2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination. 1998, c. 19, s. 122 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 122 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 105 (3)) Notice of termination (2) The notice of termination shall be in the form prescribed by the Minister, shall be signed by the authorized officers of the corporation and shall include, (a)  a certificate stating that the persons described in clause (1) (b) have consented in writing to the termination; and (b)  all other material, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 105 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 105 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 105 (2, 3) - not in force
126 (1) Upon expropriation of the property or a part of the common elements under the Expropriations Act, this Act ceases to govern the property or the part of the common elements, as the case may be. 1998, c. 19, s. 126 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (1) of the Act is amended by adding “as determined in accordance with the regulations, if any” after “Expropriations Act”. (See: 2015, c. 28, Sched. 1, s. 109 (1)) Proceeds (2) Subject to subsection (3), if part of the common elements is expropriated under the Expropriations Act, the owners shall share the proceeds in the same proportions as their common interests. 1998, c. 19, s. 126 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 109 (2)) Proceeds (2) Subject to subsection (3), if part of the common elements is expropriated under the Expropriations Act in accordance with subsection (1), the owners, at the time determined by the regulations, shall share the proceeds in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 109 (2). Same (3) The portion of the proceeds received on expropriation under the Expropriations Act that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. 1998, c. 19, s. 126 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 126 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 109 (2)) Same (3) The portion of the proceeds received on expropriation under the Expropriations Act done in accordance with subsection (1) that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, where the owners are those at the time determined by the regulations, and not all the owners at that time, shall be divided among the owners of the designated units in the proportions in which their interests are affected, subject to the conditions, if any, that are prescribed. 2015, c. 28, Sched. 1, s. 109 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 109 - not in force
128 (1) A corporation, an owner, or a person having an encumbrance against a unit and common interest, may make an application to the Superior Court of Justice for an order terminating the government of the property by this Act. 1998, c. 19, s. 128 (1); 2000, c. 26, Sched. B, s. 7 (7); 2015, c. 28, Sched. 1, s. 111 (1). Grounds for order (2) The court may order that the government of the property by this Act be terminated if the court is of the opinion that the termination would be just and equitable, having regard to, (a)  the scheme and intent of this Act; (b)  the probability of unfairness to the owners if the court does not order termination; (c)  the probability of confusion and uncertainty in the affairs of the corporation or of the owners if the court does not order termination; and (d)  the best interests of the owners. 1998, c. 19, s. 128 (2); 2015, c. 28, Sched. 1, s. 111 (2). Contents of order (3) The court may include in the order all provisions that it considers appropriate in the circumstances. 1998, c. 19, s. 128 (3). Registration of order (4) If the court makes an order terminating the government of the property by this Act, the applicant shall register the order. 1998, c. 19, s. 128 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 128 (4) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 111 (3)) Registration of order (4) If the court makes an order terminating the government of the property by this Act, the applicant shall register the order in accordance with the regulations, if any. 2015, c. 28, Sched. 1, s. 111 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001 2015, c. 28, Sched. 1, s. 111 (1, 2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 111 (3) - not in force
129 When the owners and the property cease to be governed by this Act, (a)  the assets of the corporation shall be used to pay all claims for the payment of money against the corporation; and (b)  the remainder of the assets of the corporation shall be distributed among the owners in the same proportions as the proportions of their common interests. 1998, c. 19, s. 129. Note: On a day to be named by proclamation of the Lieutenant Governor, section 129 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 112) Distribution of assets 129 When the owners and the property cease to be governed by this Act, then, subject to the regulations, (a)  the assets of the corporation, at the time determined by the regulations, shall be used to pay all claims for the payment of money against the corporation, at the time determined by the regulations; (b)  the remainder of the assets of the corporation, at the time determined by the regulations, shall be distributed among the owners, at the time determined by the regulations, in the same proportions as the proportions of their common interests; and (c)  the other consequences, if any, that are prescribed and that relate to the assets shall come into effect. 2015, c. 28, Sched. 1, s. 112. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 112 - not in force PART IX   ENFORCEMENT