jswizzle3737/ontario_laws_and_regs huggingface dataset:
130 (1) Upon application by the corporation, a lessor of a leasehold condominium corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order appointing an inspector to, (a)  investigate the items that the declarant is required to give to the board under subsections 43 (4), (5) and (7); (b)  investigate the corporation’s records mentioned in subsection 55 (1); (c)  investigate the affairs of a person mentioned in subsection 115 (1); or (d)  conduct an audit of the accounts and records mentioned in section 43, 55 or 115. 1998, c. 19, s. 130 (1); 2000, c. 26, Sched. B, s. 7 (7). Grounds for order (2) The court may make the order if it is satisfied that the application is made in good faith and that the order is in the best interests of the applicant. 1998, c. 19, s. 130 (2). Application of Public Inquiries Act, 2009 (3) Those provisions of section 33 of the Public Inquiries Act, 2009 that the order states apply to the inspector’s investigation or audit. 2009, c. 33, Sched. 6, s. 48. Contents of order (4) In the order, the court, (a)  shall require the inspector to make a written report within a specified time to the applicant for the order and to the corporation on the activities that the order requires the inspector to perform; and (b)  may make an order as to the costs of the investigation or audit or any other matter as it deems proper. 1998, c. 19, s. 130 (4). Summary of report (5) The board shall send a summary of the report to the owners. 1998, c. 19, s. 130 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001 2009, c. 33, Sched. 6, s. 48 - 1/06/2011
131 (1) Upon application by the corporation, a lessor of a leasehold condominium corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order appointing an administrator for a corporation under this Act if at least 120 days have passed since a turn-over meeting has been held under section 43. 1998, c. 19, s. 131 (1); 2000, c. 26, Sched. B, s. 7 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 131 (1) of the Act is amended by adding “subject to the regulations” after “if”. (See: 2015, c. 28, Sched. 1, s. 113) Grounds for order (2) The court may make the order if the court is of the opinion that it would be just or convenient, having regard to the scheme and intent of this Act and the best interests of the owners. 1998, c. 19, s. 131 (2). Contents of order (3) The order shall, (a)  specify the powers of the administrator; (b)  state which powers and duties, if any, of the board shall be transferred to the administrator; and (c)  contain the directions and impose the terms that the court considers just. 1998, c. 19, s. 131 (3). Application for direction (4) The administrator may apply to the court for the opinion, advice or direction of the court on any question regarding the management or administration of the corporation. 1998, c. 19, s. 131 (4). 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. 113 - not in force
133 (1) A declarant shall not, in a statement or information that the declarant is required to provide under this Act, (a)  make a material statement or provide material information that is false, deceptive or misleading; or (b)  omit a material statement or material information that the declarant is required to provide. 1998, c. 19, s. 133 (1). Right to damages (2) A corporation or an owner may make an application to the Superior Court of Justice to recover damages from a declarant for any loss sustained as a result of relying on a statement or on information that the declarant is required to provide under this Act if the statement or information, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 133 (2) of the Act is amended by adding “Subject to subsection (3)” at the beginning. (See: 2015, c. 28, Sched. 1, s. 115 (1)) (a)  contains a material statement or material information that is false, deceptive or misleading; or (b)  does not contain a material statement or material information that the declarant is required to provide. 1998, c. 19, s. 133 (2); 2000, c. 26, Sched. B, s. 7 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, section 133 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 115 (2)) Exception (3) A corporation or owner is not entitled to make an application under subsection (2) to recover damages for a loss if the corporation or owner, as the case may be, is entitled to make an application to recover damages for the loss under subsection 43 (8) or 74 (11). 2015, c. 28, Sched. 1, s. 115 (2). 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. 115 - not in force
134.1 (1) The Registrar may propose to make an order directing a person to comply with subsection 1.30 (6), any provision of Part II.1 or subsection 132 (9) if the Registrar believes on reasonable grounds that the person has contravened those provisions. 2015, c. 28, Sched. 1, s. 117. Notice (2) If the Registrar proposes to make an order under subsection (1), the Registrar shall serve notice of the proposed order, together with written reasons, on the person. 2015, c. 28, Sched. 1, s. 117. Right to hearing (3) The notice shall state that the person is entitled to a hearing by the Licence Appeal Tribunal if the person mails or delivers, within 15 days after the notice is served, a notice in writing requiring a hearing to the Registrar and the Tribunal. 2015, c. 28, Sched. 1, s. 117. If no hearing (4) If the person does not require a hearing in accordance with subsection (3), the Registrar may make the order. 2015, c. 28, Sched. 1, s. 117. Hearing (5) If the person requires a hearing in accordance with subsection (3), the Licence Appeal Tribunal shall hold the hearing and may order the Registrar to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Registrar. 2015, c. 28, Sched. 1, s. 117. Conditions (6) The Licence Appeal Tribunal may attach the conditions to its order that it considers proper. 2015, c. 28, Sched. 1, s. 117. Parties (7) The Registrar and the person who has required the hearing and all other persons that the Licence Appeal Tribunal specifies are parties to proceedings before the Tribunal under this section. 2015, c. 28, Sched. 1, s. 117. Decision final (8) A decision of the Licence Appeal Tribunal under subsection (5) is final and not subject to appeal to the Divisional Court. 2015, c. 28, Sched. 1, s. 117. Notice to owners (9) If a compliance order is made against a corporation or a director or officer of a corporation under this section and there is no possibility of it being replaced under subsection (5), the corporation shall give notice of the order to the owners in the manner prescribed. 2015, c. 28, Sched. 1, s. 117. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 117 - 01/01/2018
134.2 (1) A notice or order required to be given or served by the Registrar under section 134.1 is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by registered mail; or (c)  sent by another manner, if the Registrar can prove receipt of the notice or order. 2015, c. 28, Sched. 1, s. 117. Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. 2015, c. 28, Sched. 1, s. 117. Exception (3) Despite subsection (1), the Licence Appeal Tribunal may order any other method of service. 2015, c. 28, Sched. 1, s. 117. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 117 - 01/01/2018
136 Unless this Act specifically provides the contrary, nothing in this Act restricts the remedies otherwise available to a person for the failure of another to perform a duty imposed by this Act. 1998, c. 19, s. 136.
136.1 (1) If the condominium authority knowingly contravenes this Act or the regulations, the authority is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2015, c. 28, Sched. 1, s. 119. Individuals (2) A director, officer, employee or agent of the condominium authority who knowingly contravenes this Act or the regulations is guilty of an offence. 2015, c. 28, Sched. 1, s. 119. Directors and officers (3) A director or officer of the condominium authority is guilty of an offence if the person, (a)  knowingly causes, authorizes, permits or participates in the commission by the authority of an offence mentioned in subsection (1); or (b)  fails to take reasonable care to prevent the authority from committing an offence mentioned in subsection (1). 2015, c. 28, Sched. 1, s. 119. Penalty (4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues. 2015, c. 28, Sched. 1, s. 119. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 119 - 01/09/2017
136.2 (1) A person is guilty of an offence if the person, (a)  contravenes section 9.4, except if the person did not knowingly do so and, in the exercise of reasonable diligence, could not have known that the person was contravening that section; or (b)  contravenes or fails to comply with subsection 1.30 (6) or any provision of Part II.1, other than section 9.4. 2015, c. 28, Sched. 1, s. 120. Directors and officers (2) It is an offence for a director or officer of a corporation to fail to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1), whether or not the corporation has been prosecuted or convicted. 2015, c. 28, Sched. 1, s. 120. Penalty (3) A person convicted of an offence under this section is liable to a fine of, (a)  not more than $50,000, if the person is a corporation; or (b)  not more than $25,000, if the person is not a corporation. 2015, c. 28, Sched. 1, s. 120. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 120 - 01/09/2017
138 (1) Subject to the regulations, a declarant may register a declaration and description that create common elements but do not divide the land into units. 1998, c. 19, s. 138 (1); 2015, c. 28, Sched. 1, s. 146 (1). Type (2) The type of corporation created by the registration of a declaration and description under subsection (1) shall be known as a common elements condominium corporation. 1998, c. 19, s. 138 (2). Requirements for registration (3) A declaration and description for a common elements condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a vacant land condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 138 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 138 (3) of the Act is amended by striking out “or, except as provided in the regulations made under this Act, a phased condominium corporation” at the end. (See: 2015, c. 28, Sched. 1, s. 122 (1)) Application (4) Subject to this Part and the regulations, Parts I to IX, XI and XIV apply with necessary modifications to a common elements condominium corporation, except that, (a)  references to a unit or a proposed unit shall be deemed to be references to a common interest in the corporation or a proposed common interest in the corporation, respectively; (b)  references to a mortgagee of a unit shall be deemed to be references to a mortgagee of a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1); and (c)  references to a common interest appurtenant to a unit shall be deemed to be references to a common interest appurtenant to an owner’s parcel of land mentioned in subsection 139 (1). 1998, c. 19, s. 138 (4); 2015, c. 28, Sched. 1, s. 122 (2). Other corporations (5) This Part does not apply to a corporation that is not a common elements condominium corporation. 1998, c. 19, s. 138 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 122 (1) - not in force; 2015, c. 28, Sched. 1, s. 122 (2) - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
139 (1) A declaration for a common elements condominium corporation shall not be registered unless each of the owners of a common interest in the corporation, (a)  also owns the freehold estate in a parcel of land, (i)  that is not included in the land described in the description, (ii)  that, subject to the regulations, is situated within the boundaries of the land titles and registry divisions of the land registry office in which the description of the corporation is registered, and (iii)  to which the Land Titles Act applies or for which a certificate of title has been registered under the Certification of Titles Act
as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force; and (b)  has signed a certificate in a form prescribed by the Minister stating the owner consents to the registration of the declaration and the notice described in subclause (2) (b) (i). 1998, c. 19, s. 139 (1); 2009, c. 33, Sched. 17, s. 4; 2015, c. 28, Sched. 1, s. 146 (1). Non-severable from common interest (2) Upon the registration of a declaration and description for a common elements condominium corporation, (a)  the common interest of an owner in the corporation attaches to the owner’s parcel of land; and (b)  the declarant shall register against each owner’s parcel of land, (i)  a notice in the form prescribed by the Minister that sets out the information contained in clause (a), and (ii)  a copy of the certificate described in clause (1) (b). 1998, c. 19, s. 139 (2). Division of parcel (3) Subject to the regulations, if an owner’s parcel of land is divided into two or more new parcels, the owners of the new parcels are joint owners of the common interest attached to the original parcel. 1998, c. 19, s. 139 (3); 2015, c. 28, Sched. 1, s. 146 (1). Common interest preserved (4) Despite any other Act, upon the sale of the parcel of land of an owner in a common elements condominium corporation or the enforcement of an encumbrance registered against the parcel, the common interest of the owner in the corporation is not terminated or severed from the parcel, but continues to be attached to the parcel. 1998, c. 19, s. 139 (4). Lien (5) If an owner defaults in the obligation to contribute to the common expenses of a common elements condominium corporation, the corporation has a lien against the owner’s parcel of land. 1998, c. 19, s. 139 (5). Same (6) The lien is a lien for the purposes of sections 85 and 86. 1998, c. 19, s. 139 (6). Priority of lien (7) Despite section 86, the lien does not have priority over an encumbrance registered against an owner’s parcel of land before the common interest of the owner attached to it unless the encumbrancer agrees in writing otherwise. 1998, c. 19, s. 139 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 4 - 15/12/2009 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
140 In addition to the requirements of subsection 7 (2), a declaration for a common elements condominium corporation shall contain, Note: On a day to be named by proclamation of the Lieutenant Governor, section 140 of the Act is amended by adding “and subject to the regulations” after “subsection 7 (2)” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 123) (a)  a statement that the common elements are intended for the use and enjoyment of the owners; (b)  a legal description of the parcels of land mentioned in subsection 139 (1); and (c)  all other material that the regulations require. 1998, c. 19, s. 140; 2015, c. 28, Sched. 1, s. 146 (1). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 123 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
141 Clauses 8 (1) (c), (d), (f) and 8 (3) (b) do not apply to a description for a common elements condominium corporation. 1998, c. 19, s. 141.
142 Section 50 of the Planning Act does not apply in respect of dealings with common interests in a common elements condominium corporation. 1998, c. 19, s. 142.
143 In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain, (a)  a statement that the common interest attaches to the owner’s parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel; and (b)  all other material that the regulations made under this Act require. 1998, c. 19, s. 143. Note: On a day to be named by proclamation of the Lieutenant Governor, section 143 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 124) Disclosure statement 143 In addition to the requirements of subsection 72 (3), a disclosure statement for a common interest in a common elements condominium corporation shall contain a statement that the common interest attaches to the owner’s parcel of land described in the declaration of the corporation and cannot be severed from the parcel upon the sale of the parcel or the enforcement of an encumbrance registered against the parcel. 2015, c. 28, Sched. 1, s. 124. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 124 - not in force
144 (1) Sections 89 and 90 and clauses 91 (a) and (d) do not apply to a common elements condominium corporation. 1998, c. 19, s. 144 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 144 (1) of the Act is amended by striking out “(d)” and substituting “(c)”. (See: 2015, c. 28, Sched. 1, s. 125 (1)) Repair after damage and maintenance (2) Subject to clauses 91 (b) and (c) and section 123, the corporation shall repair and replace the common elements after damage or failure and shall maintain them. 1998, c. 19, s. 144 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 144 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 125 (2)) Repair and maintenance (2) Subject to sections 91 and 123, the corporation shall repair the common elements and the assets, if any, of the corporation and shall maintain them. 2015, c. 28, Sched. 1, s. 125 (2). Insurance (3) References to a unit in sections 99 to 105 shall be deemed not to apply to a common elements condominium corporation. 1998, c. 19, s. 144 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 125 - not in force PART XI   PHASED CONDOMINIUM CORPORATIONS
148 In addition to the requirements of subsection 76 (1), a status certificate for a unit in a phased condominium corporation shall contain a copy of the disclosure statement that the corporation has received from the declarant under subsection 147 (5) with respect to the phase that contains the unit unless the declarant, (a)  has completed all phases described in the disclosure statement; and (b)  no longer owns any of the units in the phases except for the part of the property designed to control, facilitate or provide telecommunications to, from or within the property. 1998, c. 19, s. 148.
149 (1) The declarant shall not register the amendments to the declaration and description required for creating a phase until at least 60 days after delivering to the corporation, (a)  a copy of the disclosure statement delivered to a purchaser of a unit in the corporation most recently before the registration of the declaration and description; (b)  a copy of the proposed amendments to the declaration and description required for creating the phase; and (c)  a statement specifying all differences between the proposed amendments to the declaration and description required for creating the phase and the following matters with respect to the phase that were described in the disclosure statement mentioned in clause (a): Note: On a day to be named by proclamation of the Lieutenant Governor, clause 149 (1) (c) of the Act is amended by striking out “a statement specifying” at the beginning of the portion before subclause 1 and substituting “a statement that is prepared in accordance with the regulations and that specifies”. (See: 2015, c. 28, Sched. 1, s. 129) 1.  The matters described in subclauses 147 (1) (d) (ii) and (iv). 2.  The matters described in subclause 147 (1) (d) (iii) if they differ from the proposed amendments to the declaration and description required for creating the phase for a reason other than a change in the number of units included in the phase. 1998, c. 19, s. 149 (1). Application for injunction (2) Before the earlier of the registration date of the proposed amendments to the declaration and description required for creating a phase and 60 days after receiving the documents described in clauses (1) (a), (b) and (c), the corporation may make an application to the Superior Court of Justice for an injunction to prevent the registration if any of the differences described in clause (1) (c) are material and detrimentally affect the corporation or the use and enjoyment of the property by the owners. 1998, c. 19, s. 149 (2); 2000, c. 26, Sched. B, s. 7 (7). Grounds for injunction (3) If the court is satisfied that the grounds for the application exist, it may grant the injunction or award damages to the corporation. 1998, c. 19, s. 149 (3). Contents of order (4) The court may include in the order all provisions that it considers appropriate in the circumstances. 1998, c. 19, s. 149 (4). Restriction on declarant (5) If the corporation makes an application for an injunction under subsection (2), the declarant is not entitled to register a declaration and description to create a corporation on the land to be included in the phase, instead of registering the amendments required for creating the phase, unless 120 days have passed after the court has made a final disposition of the application for the injunction. 1998, c. 19, s. 149 (5). 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. 129 - not in force
150 (1) Within 15 days of registering the amendments to the declaration and description required for creating a phase, the declarant shall send a copy of the amendments to the corporation and the owners. 1998, c. 19, s. 150 (1). Damages from declarant (2) A person who purchased a unit or proposed unit in the corporation before the registration of the amendments to the declaration and description required for creating a phase is entitled to recover damages from the declarant for a difference between the following matters disclosed in the disclosure statement delivered to the person and the registered amendments if the difference is material and detrimentally affects the use and enjoyment of the person’s unit: 1.  The matters described in subclauses 147 (1) (d) (ii) and (iv). 2.  The matters described in subclause 147 (1) (d) (iii) if they differ from the registered amendments for a reason other than a change in the number of units included in the phase. 1998, c. 19, s. 150 (2). Court order (3) Upon application by the person, the Superior Court of Justice may make an order requiring the declarant to pay to the person the damages to which the person is entitled under subsection (2). 1998, c. 19, s. 150 (3); 2000, c. 26, Sched. B, s. 7 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 5/05/2001
151 (1) Upon registration of a declaration and description for a phased condominium corporation or the amendments to the declaration and description required for creating a phase, the following easements are created, where necessary, for the benefit of the units and common elements: 1.  An easement for the provision of services over the servient tenement. 2.  An easement for support from the servient tenement. 3.  An easement for access to and for the installation and maintenance of the services and facilities that the corporation is entitled to use over the servient tenement. 4.  An easement for access to public roads over the servient tenement. 1998, c. 19, s. 151 (1). Definition (2) In subsection (1), “servient tenement” means the land owned by the declarant that is not included in the phase, including the buildings and structures on the land. 1998, c. 19, s. 151 (2).
153 (1) If the declarant registers the amendments to the declaration and description required for creating a phase and the phase contains one or more units for residential purposes, the board shall have a performance audit of the common elements contained in the phase conducted on behalf of the corporation. 1998, c. 19, s. 153 (1). Application of s. 44 (2) Section 44 applies to the performance audit, except that, (a)  references in that section to the registration of the declaration and description shall be deemed to be references to the registration of the amendments; and (b)  references in that section to the common elements shall be deemed to be references to the common elements contained in the phase. 1998, c. 19, s. 153 (2). Financial statements (3) Within 90 days of the registration of the amendments to the declaration and description required for creating a phase, the corporation shall have the financial statements required by subsection 66 (2) prepared and sections 66 to 71 apply to them. 1998, c. 19, s. 153 (3). Reserve fund study (4) Within the prescribed time following the registration of the amendments to the declaration and description required for creating a phase, the corporation shall conduct a reserve fund study in accordance with section 94 with respect to the phase. 1998, c. 19, s. 153 (4).
155 (1) Subject to the regulations, a declarant may register a declaration and description that create a corporation in which, at the time of the registration, (a)  one or more units are not part of a building or structure and do not include any part of a building or structure; and (b)  none of the units are located above or below any other unit. 1998, c. 19, s. 155 (1); 2015, c. 28, Sched. 1, s. 146 (1). Type of corporation (2) The type of corporation created by the registration of declaration and description under subsection (1) shall be known as a vacant land condominium corporation. 1998, c. 19, s. 155 (2). Requirements for registration (3) A declaration and description for a vacant land condominium corporation shall not be registered unless the registration would create a freehold condominium corporation that is not a common elements condominium corporation or, except as provided in the regulations made under this Act, a phased condominium corporation. 1998, c. 19, s. 155 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 155 (3) of the Act is amended by striking out “or, except as provided in the regulations made under this Act, a phased condominium corporation” at the end. (See: 2015, c. 28, Sched. 1, s. 132 (1)) Application (4) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a vacant land condominium corporation. 1998, c. 19, s. 155 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 155 (4) of the Act is amended by adding “XI” after “IX”. (See: 2015, c. 28, Sched. 1, s. 132 (2)) Other corporations (5) This Part does not apply to a corporation that is not a vacant land condominium corporation. 1998, c. 19, s. 155 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 132 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
156 (1) If a unit in a vacant land condominium corporation is to include a building or structure constructed after the registration of the declaration and description, the declaration may contain restrictions with respect to, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 156 (1) of the Act is amended by adding “subject to the regulations” after “may” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 133) (a)  the size, location, construction standards, quality of materials and appearance of the building or structure; (b)  architectural standards and construction design standards of the building or structure; (c)  the time of commencement and completion of construction of the building or structure; and (d)  the minimum maintenance requirements for the building or structure. 1998, c. 19, s. 156 (1). Permitted restrictions (2) A restriction contained in the declaration shall be consistent with the conditions imposed by the approval authority in approving or exempting the description under section 9. 1998, c. 19, s. 156 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 133 - not in force
157 (1) A description of a vacant land condominium corporation shall contain, (a)  a plan of survey showing the perimeter of the horizontal surface of the land, the perimeter of the buildings and structures on the common elements and the boundaries of each unit; (b)  subject to section 158, architectural plans of the buildings and structures included in the common elements and, if there are any, structural plans of them; (c)  subject to section 158, a certificate of an architect that the buildings included in the common elements have been constructed in accordance with the regulations and, if there are structural plans, a certificate of an engineer that the buildings have been constructed in accordance with the regulations; (d)  a description of all interests appurtenant to the land that are included in the property; and (e)  all other material that the regulations require. 1998, c. 19, s. 157 (1); 2001, c. 9, Sched. D, s. 3 (3); 2015, c. 28, Sched. 1, s. 146 (1). Application (2) Subsection 8 (1) and clause 8 (3) (b) do not apply to vacant land condominium corporations. 1998, c. 19, s. 157 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 3 (3) - 29/06/2001 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
158 (1) A declaration and description of a vacant land condominium corporation that show buildings, structures, facilities and services to be included in the common elements shall not be registered unless, (a)  all buildings, structures, facilities and services shown in the declaration and description to be included in the common elements have been completed, installed and provided in accordance with the regulations; or (b)  the declarant provides to a person or body, including an approval authority, specified by the municipality in which the land is situated, or the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a bond or other security that is acceptable to the municipality or the Minister, as the case may be, and that is sufficient to ensure that, (i)  the buildings and structures will be completed and installed in accordance with the regulations, (ii)  the facilities and services will be installed and provided, and (iii)  the items described in clauses 157 (1) (b) and (c) will be included in an amendment to the description. 1998, c. 19, s. 158 (1); 2015, c. 28, Sched. 1, s. 146 (1). Partial release (2) The person holding the bond or other security may provide a partial release of it to the declarant with the consent of the municipality or the Minister of Municipal Affairs and Housing, as the case may be. 1998, c. 19, s. 158 (2). Full release (3) The person holding the bond or other security shall not release it in full until, (a)  all the buildings, structures, facilities and services to be included in the common elements have been completed and installed in accordance with the regulations; and (b)  the declarant has registered an amendment to the description consisting of the items described in clauses 157 (1) (b), (c) and (e). 1998, c. 19, s. 158 (3); 2015, c. 28, Sched. 1, s. 146 (1). Consent of owners not required (4) Section 107 does not apply to an amendment to the description if the amendment complies with clause (3) (b). 1998, c. 19, s. 158 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
159 (1) The buildings and structures located on a unit or on the common elements of a vacant land condominium corporation, whether or not the buildings and structures had been constructed at the time of the registration of the declaration and description, are real property and form part of the unit or common elements respectively. 1998, c. 19, s. 159 (1). Insurance (2) The corporation is exempt from the obligation to obtain and maintain the insurance described in section 99 for buildings and structures located on a unit. 1998, c. 19, s. 159 (2). Owner to insure (3) The owner of a unit shall obtain and maintain the insurance for damage to the unit that, but for subsection (2), the corporation would have had to obtain with respect to the unit. 1998, c. 19, s. 159 (3).
160 In addition to the power to make, amend or repeal by-laws under subsection 56 (1), the board of a vacant land condominium corporation may, subject to section 56, make, amend or repeal by-laws, not contrary to the declaration, specifying minimum maintenance requirements for a unit or a building or structure located on a unit. 1998, c. 19, s. 160.
161 (1) Before delivering the first disclosure statement and the condominium guide as required by section 72, the declarant with respect to a unit or a proposed unit in a vacant land condominium corporation shall request from the municipality in which the land is situated or from the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a statement of the services provided by the municipality or the Minister, as the case may be, including the construction and maintenance of roads. 1998, c. 19, s. 161 (1); 2015, c. 28, Sched. 1, s. 134 (1). Contents (2) In addition to the material required under subsection 72 (3), a disclosure statement relating to the purchase of a unit or a proposed unit in a vacant land condominium corporation shall include, (a)  whatever statement that the declarant has received from the municipality or the Minister of Municipal Affairs and Housing, as the case may be, in response to a request; and (b)  all other material that the regulations made under this Act require. 1998, c. 19, s. 161 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 161 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 134 (2)) Contents (2) In addition to the material required under subsection 72 (3), a disclosure statement relating to the purchase of a unit or a proposed unit in a vacant land condominium corporation shall include whatever statement that the declarant has received from the municipality or the Minister of Municipal Affairs and Housing, as the case may be, in response to a request. 2015, c. 28, Sched. 1, s. 134 (2). If no statement received (3) If the declarant has not received any statement in response to a request within 30 days of making it, the disclosure statement shall contain a statement that the declarant has requested a statement under subsection (1) but has not received any statement in response to the request. 1998, c. 19, s. 161 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 161 (3) of the Act is amended by adding “that is prepared in accordance with the regulations and” after “contain a statement”. (See: 2015, c. 28, Sched. 1, s. 134 (3)) Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 134 (1) - 01/01/2021; 2015, c. 28, Sched. 1, s. 134 (2, 3) - not in force
162 (1) Subject to the regulations, sections 89, 90, 91 and 92 do not apply to a vacant land condominium corporation. 1998, c. 19, s. 162 (1); 2015, c. 28, Sched. 1, s. 146 (1). Extent of obligations (2) For the purpose of this section, the obligation to repair after damage includes the obligation to repair and replace after damage or failure and 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. 162 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (2) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 135 (1)) Common elements (3) A vacant land condominium corporation shall maintain the common elements and repair them after damage. 1998, c. 19, s. 162 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (3) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2)) Units (4) The owner of a unit in a vacant land condominium corporation shall maintain the owner’s unit and repair it after damage. 1998, c. 19, s. 162 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (4) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2)) Work done for owner (5) If an owner of a unit in a vacant land condominium corporation fails to maintain the owner’s unit within a reasonable time or to repair it within a reasonable time after damage, the corporation may maintain or repair the unit, as the case may be. 1998, c. 19, s. 162 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 162 (5) of the Act is amended by striking out “after damage”. (See: 2015, c. 28, Sched. 1, s. 135 (2)) Cost (6) An owner shall be deemed to have consented to the repairs or maintenance carried out by the corporation 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. 162 (6); 2015, c. 28, Sched. 1, s. 136. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 135 - not in force; 2015, c. 28, Sched. 1, s. 136 - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
163 (1) If the board of a vacant land condominium corporation determines under section 123 that substantial damage has occurred to a building located on a unit and the owners do not vote for termination under that section, the owner of the unit may elect, (a)  not to repair the damage; or (b)  to replace the building with a different building, subject to this Act, the declaration and the by-laws. 1998, c. 19, s. 163 (1). Owner’s duty (2) An owner of a unit who elects not to repair the damage shall, as closely as is reasonably possible, restore the land on which the building was located to the state that the land was in immediately before the construction of the building. 1998, c. 19, s. 163 (2). Restoration done by corporation (3) If the owner of the unit does not do the restoration within a reasonable time, the corporation may do it. 1998, c. 19, s. 163 (3). Cost (4) The owner shall be deemed to have consented to the restoration done by the corporation and the cost of the restoration shall be added to the contribution to the common expenses payable for the owner’s unit. 1998, c. 19, s. 163 (4); 2015, c. 28, Sched. 1, s. 136. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 136 - 01/11/2017 PART XIII   LEASEHOLD CONDOMINIUM CORPORATIONS
164 (1) Subject to the regulations, a declarant may register a declaration and description that divide the leasehold estate in the land described in the description into units and common elements. 1998, c. 19, s. 164 (1); 2015, c. 28, Sched. 1, s. 146 (1). Type (2) The type of corporation created by the registration of a declaration and description under subsection (1) shall be known as a leasehold condominium corporation. 1998, c. 19, s. 164 (2). Application (3) Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a leasehold condominium corporation. 1998, c. 19, s. 164 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 164 (3) of the Act is amended by adding “XI” after “IX”. (See: 2015, c. 28, Sched. 1, s. 137) Other corporations (4) This Part does not apply to a corporation that is not a leasehold condominium corporation. 1998, c. 19, s. 164 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 137 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
165 (1) Each leasehold interest in a unit in a leasehold condominium corporation and its appurtenant common interest is valid even if the lessor is the owner of the leasehold interest and in that case the legal title and the leasehold interest shall be deemed not to merge. 1998, c. 19, s. 165 (1). Same term (2) All leasehold interests in units in a leasehold condominium corporation and their appurtenant common interests shall be for the same term. 1998, c. 19, s. 165 (2). Term before renewal (3) The term of the leasehold interests before a renewal under section 174 shall be not less than 40 years less a day and not more than 99 years as specified in the declaration. 1998, c. 19, s. 165 (3). Lessor’s consent not required (4) The owner of a unit in a leasehold condominium corporation may, without the consent of the lessor, transfer, mortgage, lease or otherwise deal with the leasehold interest in the unit. 1998, c. 19, s. 165 (4). Transfer of unit (5) The owner of a unit in a leasehold condominium corporation may not transfer less than the whole leasehold interest in the unit and its appurtenant common interest. 1998, c. 19, s. 165 (5). Form of transfer (6) A leasehold interest in a unit in a leasehold condominium corporation shall be transferred in accordance with section 105 of the
Land Titles Act, even if the land included in a leasehold condominium corporation is situated within the boundaries of a registry division. 1998, c. 19, s. 165 (6). Application of Residential Tenancies Act, 2006 (7) The Residential Tenancies Act, 2006 does not apply to the leasehold interest of an owner of a unit in a leasehold condominium corporation and its appurtenant common interest but does apply to a lease of an owner’s leasehold interest in a unit. 1998, c. 19, s. 165 (8); 2006, c. 17, s. 248 (5). (8) Spent:  1998, c. 19, s. 165 (8). Section Amendments with date in force (d/m/y) 1998, c. 19, s. 165 (8) - 17/06/1998 2006, c. 17, s. 248 (5) - 31/01/2007
167 (1) In addition to the requirements of section 8, a description for a leasehold condominium corporation shall contain all other material that the regulations require. 1998, c. 19, s. 167 (1); 2015, c. 28, Sched. 1, s. 146 (1). Registration (2) In addition to the requirements of section 8 and subject to the regulations, a description for a leasehold condominium corporation shall not be registered unless the buildings and improvements to the property form part of the property. 1998, c. 19, s. 167 (2); 2015, c. 28, Sched. 1, s. 146 (1). Amendment to description (3) An amendment to the description that affects the leasehold interests in the property is not effective unless the lessor has consented in writing to the amendment. 1998, c. 19, s. 167 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
168 (1) A leasehold condominium corporation shall, on behalf of the owners, exercise all rights and perform all obligations of the owners with respect to the leasehold estate in the property. 1998, c. 19, s. 168 (1). Same (2) The owners shall not exercise the rights or perform the obligations mentioned in subsection (1). 1998, c. 19, s. 168 (2). Mediation (3) The lessor and the corporation shall be deemed to have agreed that either party may submit to mediation a disagreement on the interpretation of the provisions of the leasehold interests in the property that bind the property. 1998, c. 19, s. 168 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 168 (3) of the Act is amended by adding “including any question of law or equity” at the end. (See: 2015, c. 28, Sched. 1, s. 139) Application of s. 132 (4) If the lessor or the corporation submits a disagreement to mediation, section 132 applies to it. 1998, c. 19, s. 168 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 139 - not in force
169 In addition to the matters mentioned in subsection 72 (3), a disclosure statement in the case of a leasehold condominium corporation shall include, (a)  a statement by the declarant whether the provisions of the leasehold interests in the property are in good standing and have not been breached; and (b)  all other material that the regulations made under this Act require. 1998, c. 19, s. 169. Note: On a day to be named by proclamation of the Lieutenant Governor, section 169 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 140) Disclosure statement 169 In addition to the matters mentioned in subsection 72 (3), a disclosure statement in the case of a leasehold condominium corporation shall include a statement by the declarant whether the provisions of the leasehold interests in the property are in good standing and have not been breached. 2015, c. 28, Sched. 1, s. 140. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 140 - not in force
170 In addition to the material mentioned in subsection 76 (1), a status certificate in the case of a leasehold condominium corporation shall include, (a)  a statement by the corporation whether the provisions of the leasehold interests in the property are in good standing and have not been breached; (b)  a statement by the corporation whether the lessor has applied for a termination order under section 173; and (c)  all other material that the regulations require. 1998, c. 19, s. 170; 2015, c. 28, Sched. 1, s. 146 (1). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017
171 (1) The rent for the property that a leasehold condominium corporation is required to pay to the lessor on behalf of the owners and all other amounts necessary to comply with the provisions of the leasehold interest affecting the property are a common expense. 1998, c. 19, s. 171 (1). Contribution to common expenses (2) The corporation shall collect from each owner, as part of the contribution to the common expenses payable for the owner’s unit, a portion of the rent and the amounts described in subsection (1) based on the proportion in which the owner is to contribute to the common expenses and that is allocated to the owner’s unit in the declaration. 2015, c. 28, Sched. 1, s. 141. Payment to lessor (3) The corporation shall remit to the lessor, from the contributions collected from the owners under subsection (2), the amounts to which the lessor is entitled under the provisions of the leasehold interest affecting the property. 1998, c. 19, s. 171 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 141 - 01/11/2017
172 A leasehold condominium corporation shall not register a notice of termination under section 122 or 123 or sell the property or a part of the common elements under section 124 unless the lessor has consented to and executed the notice or the agreement of purchase and sale, as the case may be. 1998, c. 19, s. 172.