jswizzle3737/ontario_laws_and_regs huggingface dataset:
4 (1) The Land Titles Act or the Registry Act, as the case may be, applies in respect of property governed by this Act but, if the provisions of either of those Acts conflict with the provisions of this Act, the provisions of this Act prevail. 1998, c. 19, s. 4 (1). Rights of tenants (2) The registration of a declaration and description shall not terminate or otherwise affect the rights under the Residential Tenancies Act, 2006 of a person who, at the time of the registration, is a tenant of the property or of a part of the property. 1998, c. 19, s. 4 (4); 2006, c. 17, s. 248 (1). No termination of tenancy (3) The registration of a declaration and description does not constitute grounds for a landlord to give notice of termination under Part V of the Residential Tenancies Act, 2006
to a tenant described in subsection (2). 1998, c. 19, s. 4 (4); 2006, c. 17, s. 248 (2). (4) Spent:  1998, c. 19, s. 4 (4). Section Amendments with date in force (d/m/y) 1998, c. 19, s. 4 (4) - 17/06/1998 2006, c. 17, s. 248 - 31/01/2007
5 (1) A corporation created or continued under this Act is a corporation without share capital whose members are the owners. 1998, c. 19, s. 5 (1). Name (2) The land registrar shall assign a name to each corporation in accordance with the regulations. 1998, c. 19, s. 5 (2); 2015, c. 28, Sched. 1, s. 146 (2, 3). Note: On the day section 3 of Schedule 9 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force, subsection 5 (2) of the Act is amended by striking out “the regulations made under this Act” and substituting “the regulations”. (See: 2017, c. 20, Sched. 9, s. 5) Other Act (3) The Not-for-Profit Corporations Act, 2010 does not apply to the corporation. 1998, c. 19, s. 5 (3); 2017, c. 20, Sched. 8, s. 75. Same (4) Subject to the regulations, the Corporations Information Act does not apply to the corporation. 2015, c. 28, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 9, s. 3 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2015, c. 28, Sched. 1, s. 8 - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (2, 3, 5) - 01/09/2017; 2015, c. 28, Sched. 1, s. 146 (5) - no effect - see 2015, c. 28, Sched. 1, s. 146 (4) 2017, c. 20, Sched. 8, s. 75 - 19/10/2021; 2017, c. 20, Sched. 9, s. 5 - not in force
6 (1) Corporations under this Act consist of the following types: 1.  Freehold condominium corporations. 2.  Leasehold condominium corporations. 1998, c. 19, s. 6 (1). Types of freehold corporations (2) Freehold condominium corporations consist of the following types: 1.  Common elements condominium corporations. 2.  Phased condominium corporations. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 6 (2) of the Act is repealed. (See: 2015, c. 28, Sched. 1, s. 9 (1)) 3.  Vacant land condominium corporations. 4.  Standard condominium corporations that are not any of the corporations mentioned in paragraphs 1, 2 and 3. 1998, c. 19, s. 6 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 6 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 9 (2)) 4.  Standard condominium corporations that are not any of the corporations mentioned in paragraph 1 or 3. Restriction on registration (3) A declaration and description shall not be registered unless the registration would create a freehold condominium corporation or a leasehold condominium corporation. 1998, c. 19, s. 6 (3). Indication in declaration (4) The declaration shall state, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2015, c. 28, Sched. 1, s. 9 (3)) Indication in declaration (4) Subject to the regulations, the declaration shall state, (a)  whether the corporation is a freehold condominium corporation or a leasehold condominium corporation; and (b)  if the corporation is a freehold condominium corporation, the type of freehold condominium corporation that it is. 1998, c. 19, s. 6 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) 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. 9 (4)) (c)  whether the corporation is a phased condominium corporation. Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 9 (5)) Phased condominium corporations (5) A phased condominium corporation is a freehold or a leasehold condominium corporation that is subject to Part XI. 2015, c. 28, Sched. 1, s. 9 (5). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 9 - not in force Declaration and Description
8 (1) Subject to the regulations, a description shall contain, (a)  a plan of survey showing the perimeter of the horizontal surface of the land and the perimeter of the buildings; (b)  architectural plans of the buildings and, if there are any, structural plans of the buildings; (c)  a specification of the boundaries of each unit by reference to the buildings or other monuments; (d)  diagrams showing the shape and dimensions of each unit and the approximate location of each unit in relation to the other units and the buildings; (e)  a certificate of an architect that all buildings have been constructed in accordance with the regulations and, if there are structural plans, a certificate of an engineer that all buildings have been constructed in accordance with the regulations; (f)  a certificate signed by an Ontario land surveyor licensed under the Surveyors Act stating that the diagrams of the units are substantially accurate; (g)  a description of all interests appurtenant to the land that are included in the property; and (h)  all other material that the regulations require. 1998, c. 19, s. 8 (1); 2015, c. 28, Sched. 1, s. 146 (1). Preparation of documents (2) A survey, plan, specification, diagram, certificate or description mentioned in subsection (1) shall be prepared in accordance with the regulations. 1998, c. 19, s. 8 (2); 2015, c. 28, Sched. 1, s. 146 (1). Common elements, units in building (3) A description shall not be registered unless, (a)  the property includes common elements; and (b)  each unit for residential purposes includes one or more buildings or is included in a building. 1998, c. 19, s. 8 (3). Approval by examiner of surveys (4) The examiner of surveys appointed under the Land Titles Act may require a description or an amendment to a description to be submitted to the examiner of surveys for approval before it is registered. 1998, c. 19, s. 8 (4). Same (5) The examiner of surveys shall approve the description or the amendment to the description if satisfied that the document submitted meets the requirements of this section and, if applicable, subsection 11 (6). 1998, c. 19, s. 8 (5); 2015, c. 28, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 11 - 01/11/2017; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017 Planning Act
9.1 (1) The following person or body shall appoint a person to be known in English as the Condominium Registrar and in French as the registrateur du secteur des condominiums for the purposes of this Act and may appoint a maximum of two deputy Registrars: 1.  The board of the condominium authority, if the authority is responsible for the administration of this Part. 2.  The Minister, if there is no condominium authority that is responsible for the administration of this Part. 2015, c. 28, Sched. 1, s. 12. Powers and duties of Registrar (2) The Registrar shall exercise the powers and perform the duties imposed on him or her under this Act. 2015, c. 28, Sched. 1, s. 12. Same, deputy Registrar (3) A deputy Registrar shall perform the duties that the Registrar assigns and shall act as the Registrar in the Registrar’s absence. 2015, c. 28, Sched. 1, s. 12. If more than one deputy Registrar (4) If more than one deputy Registrar is appointed, only one deputy Registrar may act as the Registrar under subsection (3) at any one time. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.2 (1) Every corporation shall file with the Registrar the following returns by delivering them to the Registrar in the prescribed manner and within the prescribed time and by paying the applicable fee: 1.  An initial return. 2.  A turn-over return. 3.  An annual return. 4.  Other returns as prescribed. 2015, c. 28, Sched. 1, s. 12. Contents (2) Each return shall set out the prescribed information as of the prescribed date. 2015, c. 28, Sched. 1, s. 12. Verification (3) Each return shall be verified by the certificate of, (a)  a director or officer of the corporation; (b)  a condominium manager licensed under the Condominium Management Services Act, 2015 who provides condominium management services to the corporation under that Act; or (c)  any other individual having knowledge of the affairs of the corporation. 2015, c. 28, Sched. 1, s. 12; 2015, c. 28, Sched. 2, s. 80 (2). Form (4) Each return shall be in a form that the Registrar approves. 2015, c. 28, Sched. 1, s. 12. Incomplete return (5) The Registrar may accept a return from a corporation for filing even if the return does not comply with the information requirements of subsection (2), but the corporation shall not be considered to have complied with this section until it has satisfied all of the requirements of this section. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018; 2015, c. 28, Sched. 2, s. 80 (2) - 01/01/2018
9.3 (1) Unless otherwise prescribed, every corporation shall file with the Registrar, within the prescribed time, (a)  a notice of change for every change in the directors elected or appointed to the board; and (b)  a notice of all additional information, if any, that is prescribed. 2015, c. 28, Sched. 1, s. 12. Exception (2) It is not necessary to file a notice of change in respect of a director who is re-elected after an immediately preceding term of office. 2015, c. 28, Sched. 1, s. 12. Verification (3) A notice required under subsection (1) shall be verified by the certificate of, (a)  a director or officer of the corporation; (b)  a condominium manager licensed under the Condominium Management Services Act, 2015 who provides condominium management services to the corporation under that Act; or (c)  any other individual having knowledge of the affairs of the corporation. 2015, c. 28, Sched. 1, s. 12; 2015, c. 28, Sched. 2, s. 80 (3). Form (4) A notice required under subsection (1) shall be in a form that the Registrar approves. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018; 2015, c. 28, Sched. 2, s. 80 (3) - 01/01/2018
9.4 No person shall make a statement in any return or notice that a corporation is required to file with the Registrar if, (a)  the statement is false or misleading with respect to any material fact; or (b)  the statement omits to state any material fact, the omission of which makes the statement false or misleading. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.5 The Registrar may accept the information contained in any return or notice filed under this Act without making any inquiry as to its completeness or accuracy. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.6 A corporation that files a return or notice under this Part after the time set out in the regulations shall pay the late filing fee set by the Minister or, if the condominium authority is responsible for the administration of this Part, the condominium authority. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.7 (1) The Registrar shall maintain, in accordance with the prescribed requirements, an electronic database of, (a)  the information contained in every return and notice that the Registrar receives under this Part; and (b)  any other information that relates to this Part and that is prescribed. 2015, c. 28, Sched. 1, s. 12. Publication (2) The Registrar shall make available to the public, by electronic or other means and in accordance with the regulations, the information that is contained in the electronic database and that is prescribed. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.8 A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Part or the regulations relating to this Part shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b)  as authorized under the Regulatory Modernization Act, 2007; (c)  to a prescribed entity or organization, if the purpose of the communication is consumer protection; (d)  to a law enforcement agency; (e)  to the counsel of the person communicating the information; or (f)  with the consent of the person to whom the information relates. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018
9.9 (1) The Registrar may issue a certificate certifying that, (a)  any return or notice required to be filed under this Part has been so filed or has not been so filed; (b)  a person named in the certificate on the date or during the period specified in the certificate is shown on the records of the Registrar as a director, officer, manager or attorney for service of the corporation named in the certificate; or (c)  information set out in the certificate has been filed under this Part and is contained in the records of the Registrar. 2015, c. 28, Sched. 1, s. 12. Form of certificate (2) The certificate shall be issued under the seal of the Registrar and shall be signed by the Registrar. 2015, c. 28, Sched. 1, s. 12. Certificates as evidence (3) A certificate purporting to be under the seal of the Registrar and signed by the Registrar, or any certified copy, shall be received in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts so certified without personal appearance to prove the seal, the signature or the official position of the person appearing to have signed the certificate. 2015, c. 28, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 12 - 01/01/2018 PART III   OWNERSHIP
10 Units and common elements are real property for all purposes. 1998, c. 19, s. 10.
11 (1) Subject to this Act, the declaration, the by-laws and the rules, each owner is entitled to exclusive ownership and use of the owner’s unit. 1998, c. 19, s. 11 (1); 2015, c. 28, Sched. 1, s. 13 (1). Same, common elements (2) The owners are tenants in common of the common elements and an undivided interest in the common elements is appurtenant to each owner’s unit. 1998, c. 19, s. 11 (2). Common interests (3) The proportions of the common interests are those expressed in the declaration. 1998, c. 19, s. 11 (3). No separation (4) The ownership of a unit shall not be separated from the ownership of the common interest and an instrument that purports to separate the ownership of a unit from a common interest is void. 1998, c. 19, s. 11 (4). No division (5) Except as provided by this Act, the common elements shall not be partitioned or divided. 1998, c. 19, s. 11 (5). Distinction by regulations (6) Despite anything in the declaration, the description, a by-law, an agreement or an instrument, the regulations may specify, (a)  what parts of a property or proposed property and what other real property or personal property in respect of a property, a proposed property or a corporation constitute a unit or an asset owned by a corporation or form part of the common elements; and (b)  rules and procedures necessary to implement anything described in clause (a). 2015, c. 28, Sched. 1, s. 13 (2). Exception (7) A provision of a regulation mentioned in subsection (6) ceases to apply to a corporation if a board of the corporation described in subsection (8) so decides and if the corporation has met all other requirements of this Act. 2015, c. 28, Sched. 1, s. 13 (2). Board affected (8) A board of the corporation mentioned in subsection (7) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include, (a)  a new board elected pursuant to subsection 152 (6); or (b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 13 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 13 (1, 2) - 01/11/2017
12 (1) The following easements are appurtenant to each unit and shall be for the benefit of the owner of the unit and the corporation: 1.  An easement for the provision of a service through the common elements or any other unit. 2.  An easement for support by all buildings and structures necessary for providing support to the unit. 3.  If a building or a part of a building moves after registration of the declaration and description or after having been damaged and repaired but has not been restored to the position occupied at the time of registration of the declaration and description, an easement for exclusive use and occupation over the space of the other units and common elements that would be space included in the unit if the boundaries of the unit were determined by the position of the buildings from time to time after registration of the description and not at the time of registration. 4.  If a corporation is entitled to use a service or facility in common with another corporation, an easement for access to and for the installation and maintenance of the service or facility over the land of the other corporation, described in accordance with the regulations made under this Act. 1998, c. 19, s. 12 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 12 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 14) 4.  An easement mentioned in subsection 21.1 (2) as determined in accordance with the regulations. Same, common elements (2) The following easements are appurtenant to the common elements: 1.  An easement for the provision of a service through a unit or through a part of the common elements of which an owner has exclusive use. 2.  An easement for support by all units necessary for providing support. 1998, c. 19, s. 12 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 14 - not in force
13 (1) Upon the registration of the declaration and description of a corporation that is not a common elements condominium corporation, an encumbrance against the common elements registered before the registration of the declaration and description is no longer enforceable against the common elements but is enforceable against all the units and common interests. 2017, c. 24, s. 74 (1). Same, common elements condominium corporation (2) Upon the registration of the declaration and description of a common elements condominium corporation, an encumbrance against the common elements registered before the registration of the declaration and description is no longer enforceable against the common elements but is enforceable against all the parcels of land mentioned in subsection 139 (1) and common interests. 2017, c. 24, s. 74 (1). Encumbrances on or after declaration (3) An encumbrance against the common elements on or after the registration of the declaration and description of a corporation is not enforceable against the common elements but is enforceable against all the units and common interests or, in the case of a common elements condominium corporation, against all of the parcels of land and common interests. 2017, c. 24, s. 74 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 74 (1)
- 01/07/2018
14 (1) If an encumbrance is, by virtue of subsection 13 (1) or (3), enforceable against all the units and common interests, an owner may discharge the portion of the encumbrance that is applicable to the owner’s unit and common interest by paying to the encumbrancer the portion of the amount owing on account of principal and interest under the encumbrance that is attributable to the owner’s common interest as specified in the declaration. 2017, c. 24, s. 74 (1). Same, common elements condominium corporation (2) If an encumbrance is, by virtue of subsection 13 (2) or (3), enforceable against all the parcels of land mentioned in subsection 139 (1) and common interests, an owner may discharge the portion of the encumbrance that is applicable to the owner’s parcel of land and common interest by paying to the encumbrancer the portion of the amount owing on account of principal and interest under the encumbrance that is attributable to the owner’s common interest as specified in the declaration. 2017, c. 24, s. 74 (1). Form (3) Upon payment of the portion of the encumbrance described in subsection (1) or (2), and upon demand, the encumbrancer shall give to the owner a discharge of the owner’s unit or parcel of land, as the case may be, and common interest, in accordance with the requirements of the regulations. 2017, c. 24, s. 74. Exception, construction lien (4) Subsections (1), (2) and (3) do not apply if the encumbrance is a lien under the Construction Act. 2017, c. 24, s. 74 (1). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017 2017, c. 24, s. 74 (1, 2)
- 01/07/2018
15 (1) Each unit, together with its appurtenant common interest, constitutes a parcel for the purpose of municipal assessment and taxation. 1998, c. 19, s. 15 (1). Common elements (2) Subject to subsection (3), the common elements of a corporation that is not a common elements condominium corporation do not constitute a parcel for the purpose of municipal assessment and taxation. 1998, c. 19, s. 15 (2). Exception (3) A part of the common elements of a corporation that is not a common elements condominium corporation constitutes a separate parcel for the purpose of municipal assessment and taxation if it is leased for business purposes under section 21, the lessee carries on an undertaking for gain on it and it is in the commercial property class prescribed under the Assessment Act. 1998, c. 19, s. 15 (3). Common elements condominium corporation (4) The common elements of a common elements condominium corporation constitute a parcel for the purpose of municipal assessment and taxation within each municipality in which the common elements or a part of them are located and the municipal taxes levied on the parcel or parcels shall form part of the common expenses of the corporation. 1998, c. 19, s. 15 (4). PART IV   CORPORATION General
16 (1) The corporation shall have a seal that the board shall adopt and may change. 1998, c. 19, s. 16 (1). Name (2) The name of the corporation shall appear in legible characters on the seal. 1998, c. 19, s. 16 (2).
17 (1) The objects of the corporation are to manage the property and the assets, if any, of the corporation on behalf of the owners. 1998, c. 19, s. 17 (1). Duties (2) The corporation has a duty to control, manage and administer the common elements and the assets of the corporation. 1998, c. 19, s. 17 (2). Ensuring compliance (3) The corporation has a duty to take all reasonable steps to ensure that the owners, the occupiers of units, the lessees of the common elements and the agents and employees of the corporation comply with this Act, the declaration, the by-laws and the rules. 1998, c. 19, s. 17 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 of the Act is amended by adding the following subsection: (See: 2015, c. 28, Sched. 1, s. 15) Levies only for corporation’s loss (4) Subject to the other provisions of this Act, the corporation shall not levy any penalty, fine or any other amount against an owner, an occupier of a unit in the corporation or any other prescribed person if it does not indemnify or compensate the corporation for an actual loss, as is prescribed, that the corporation has incurred in the performance of the corporation’s objects and duties. 2015, c. 28, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 15 - not in force
17.0.1 A corporation shall not enter into an agreement with a condominium management provider or a condominium manager to receive condominium management services unless the provider or manager, as the case may be, is licensed under the Condominium Management Services Act, 2015. 2015, c. 28, Sched. 2, s. 80 (4). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 2, s. 80 (4) - 01/02/2018
17.1 Nothing in this Act confers on the corporation the power to grant, transfer, lease, release, dispose of or otherwise deal with the title to any real property that the corporation does not own or any interest in real property where the corporation does not own the interest, unless this Act specifically confers the power on the corporation. 2000, c. 26, Sched. B, s. 7 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (1) - 5/05/2001
18 (1) The corporation may own, acquire, encumber and dispose of real and personal property only for purposes that are consistent with the objects and duties of the corporation. 1998, c. 19, s. 18 (1). Interests in real property (1.1) The assets of the corporation do not include any real property that the corporation does not own or any interest in real property where the corporation does not own the interest. 2000, c. 26, Sched. B, s. 7 (2). Interest in assets (2) The owners share the assets of the corporation in the same proportions as the proportions of their common interests in accordance with this Act, the declaration and the by-laws. 1998, c. 19, s. 18 (2). Validity of easement (3) A grant or transfer of an easement to the corporation is valid even though the corporation does not own land capable of being benefited by the easement. 1998, c. 19, s. 18 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (2) - 5/05/2001
19 On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a part of the common elements of which an owner has exclusive use at any reasonable time to perform the objects and duties of the corporation or to exercise the powers of the corporation. 1998, c. 19, s. 19. Note: On a day to be named by proclamation of the Lieutenant Governor, section 19 of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 16) Right of entry 19 (1) Subject to subsection (2), on giving reasonable notice to an owner, the corporation or a person authorized by the corporation may, at any reasonable time, enter a unit of the owner in the corporation or a part of the common elements of which the owner has exclusive use to perform the objects and duties of the corporation or to exercise the powers of the corporation. 2015, c. 28, Sched. 1, s. 16. Same, no notice (2) Subject to any conditions or restrictions in the regulations, the declaration or a by-law may permit the corporation or a person authorized by the corporation to enter the unit or part of the common elements of which the owner has exclusive use without prior notice to the owner in the event of an emergency or other event or circumstance as is prescribed. 2015, c. 28, Sched. 1, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 16 - not in force
20 (1) An easement described in subsection (2) is created, (a)  upon the registration of a declaration and description that creates a corporation, if the easement is described in the declaration and description; or (b)  upon the registration of an amendment to a declaration and description that creates a phase within the meaning of Part XI in a phased condominium corporation, if the easement is described in the amendment. 1998, c. 19, s. 20 (1). Application (2) Subsection (1) applies to an easement that, (a)  imposes a benefit or a burden on land owned by the declarant other than the property; or (b)  the approval authority requires as a condition of approving the declaration and description for the corporation. 1998, c. 19, s. 20 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 17 (1)) Application (2) Subsection (1) applies to, (a)  an easement that provides a benefit to or imposes a burden on land owned by the declarant other than the property; or (b)  an easement that, (i)  the approval authority requires as a condition of approving the declaration and description for the corporation, and (ii)  complies with the prescribed requirements if it provides a benefit to or imposes a burden on land that is not the property or land owned by the declarant. 2015, c. 28, Sched. 1, s. 17 (1). Creation of easement (3) No deed or other document is required to be registered or delivered to the owner of the land benefited by an easement that is created under subsection (1) in order for the easement to be made effective. 1998, c. 19, s. 20 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 17 (1)) Creation of easement (3) No deed or other document is required to be registered or delivered in order for an easement that is created under subsection (1) to be effective. 2015, c. 28, Sched. 1, s. 17 (1). Validity of easement (4) An easement that is created under subsection (1) is valid even though the declarant owns the land to be benefited or burdened by the easement in addition to owning the land relating to the easement that is described in the description. 1998, c. 19, s. 20 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (4) of the Act is amended by striking out “even though” and substituting “even if”. (See: 2015, c. 28, Sched. 1, s. 17 (2)) Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 17 - not in force
21 (1) The corporation may by by-law, (a)  lease a part of the common elements, except a part that the declaration specifies is to be used only by the owners of one or more designated units and not by all the owners; (b)  grant or transfer an easement or licence through the common elements; or (c)  release an easement that is part of the common elements. 1998, c. 19, s. 21 (1); 2000, c. 26, Sched. B, s. 7 (3). Binding on all owners (2) A lease, grant, transfer or release mentioned in subsection (1), signed by the authorized officers of the corporation, affects the interest of every owner in the common elements as if the lease, grant, transfer or release had been executed by that owner. 1998, c. 19, s. 21 (2); 2000, c. 26, Sched. B, s. 7 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (3, 4) - 05/05/2001 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 18) Shared facilities agreement 21.1 (1) Subject to the regulations, if any of the following persons or any combination of them share or are proposed 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, they shall enter into an agreement that meets the prescribed requirements and shall ensure that it is registered in accordance with the regulations: 1.  Two or more corporations. 2.  A corporation and any other person. 3.  A corporation and one or more declarants. 4.  A declarant and one or more corporations. 5.  Two or more declarants. 6.  A declarant and any other person. 2015, c. 28, Sched. 1, s. 18. Covenants running with real property (2) Unless the regulations provide otherwise, any easement or covenant, whether positive or negative in nature, in an agreement mentioned in subsection (1) shall run with any real property that receives a benefit or is subject to a burden under the agreement. 2015, c. 28, Sched. 1, s. 18. Enforcement (3) The following persons may enforce the easement or covenant against each other: 1.  A party to the agreement. 2.  The owner or any subsequent owner of the real property. 3.  If the real property is property, to which the objects and duties of a corporation apply under section 17, then, subject to the regulations, the corporation and any of its successors and assigns. 2015, c. 28, Sched. 1, s. 18. By-laws and rules (4) The parties to an agreement mentioned in subsection (1) may, in accordance with the regulations, make, amend or repeal joint by-laws or rules governing 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 that are subject to the agreement. 2015, c. 28, Sched. 1, s. 18. Non-application (5) Sections 56 and 58 do not apply to any by-law or rule made under subsection (4). 2015, c. 28, Sched. 1, s. 18. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 18 - not in force
23 (1) Subject to subsection (2), in addition to any other remedies that a corporation may have, a corporation may, on its own behalf and on behalf of an owner, (a)  commence, maintain or settle an action for damages and costs in respect of any damage to common elements, the assets of the corporation or individual units; and (b)  commence, maintain or settle an action with respect to a contract involving the common elements or a unit, even though the corporation was not a party to the contract in respect of which the action is brought. 1998, c. 19, s. 23 (1). Notice to owners (2) Before commencing an action mentioned in subsection (1), the corporation shall give written notice of the general nature of the action to all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record except if, (a)  the action is to enforce a lien of the corporation under section 85 or to fulfil its duty under subsection 17 (3); or (b)  the action is commenced in the Small Claims Court. 1998, c. 19, s. 23 (2); 2015, c. 28, Sched. 1, s. 20. Costs (3) Unless the board determines otherwise, the legal and court costs in an action that the corporation commences or maintains in whole or in part on behalf of any owners in respect of their units shall be borne by those owners in the proportion in which their interests are affected. 1998, c. 19, s. 23 (3). Judgment as asset (4) A judgment for payment in favour of the corporation in an action that the corporation commences or maintains on its own behalf is an asset of the corporation. 1998, c. 19, s. 23 (4). Corporation may be sued (5) The corporation may, as representative of the owners of the units, be sued in respect of any matter relating to the common elements or assets of the corporation. 1998, c. 19, s. 23 (5). Judgment against corporation (6) A judgment for the payment of money against the corporation is also a judgment against each owner at the time of judgment for a portion of the judgment determined by the proportions specified in the declaration for sharing the common interests. 1998, c. 19, s. 23 (6). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 20 - 01/11/2017
23.1 (1) A corporation that has unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) is not capable of maintaining, (a)  a proceeding before the Condominium Authority Tribunal if the condominium authority exists; or (b)  a proceeding in a court in Ontario except with leave of the court. 2015, c. 28, Sched. 1, s. 21. Leave of court (2) The court shall grant leave if the court is satisfied that, (a)  the failure to pay the fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) was inadvertent; (b)  there is no evidence that the public or the owners of the corporation have been deceived or misled; and (c)  at the time of the application to the court, the corporation had no unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1). 2015, c. 28, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 21 - 01/09/2017
23.2 No contract is void or voidable by reason only that it was entered into by a corporation that has unpaid fees, costs, charges or assessments under Part I.1 or paragraph 5 of subsection 1.44 (1) at the time the contract was made. 2015, c. 28, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 21 - 01/09/2017
24 (1) For the purposes of the Expropriations Act, if the land to be expropriated is part of the common elements of a corporation and does not include any units, any document that an expropriating authority is required or entitled to serve on the owner of the land, including a notice, an appraisal report and an offer of compensation, is sufficiently served on the owners of the land if the expropriating authority serves the document, (a)  on the corporation; and (b)  if the land to be expropriated is part of the common elements that the declaration specifies are for the exclusive use of the owners of one or more of the units in the corporation, but not all the owners, on the owners of those units. 1998, c. 19, s. 24 (1); 2015, c. 28, Sched. 1, s. 22 (1). Notice to owners (2) Within 15 days of being served with a document under subsection (1), the corporation shall notify all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record that it has been served with a document for the purposes of the Expropriations Act and shall make a copy of the document available for examination by them. 1998, c. 19, s. 24 (2); 2015, c. 28, Sched. 1, s. 22 (2). Corporation acting for owners (3) For the purposes of the Expropriations Act, all the rights under that Act of the owners of the land to be expropriated in respect of which a document has been served on the corporation under subsection (1) shall be transferred to and exercised by the corporation, subject to section 126. 1998, c. 19, s. 24 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 22 (1, 2) - 01/11/2017
25 A corporation that is served with a notice under the Planning Act shall, within 15 days of being served, notify all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record that it has been served with a notice under that Act and shall make a copy of the notice available for examination by them. 1998, c. 19, s. 25; 2015, c. 28, Sched. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 22 (2) - 01/11/2017
26 For the purposes of determining liability resulting from breach of the duties of an occupier of land, the corporation shall be deemed to be the occupier of the common elements and the owners shall be deemed not to be occupiers of the common elements. 1998, c. 19, s. 26. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 23) No acquisition of units, etc. 26.1 (1) Despite anything in the declaration, a by-law, an agreement or an instrument, until a board of a corporation described in subsection (2) decides otherwise, the corporation shall not acquire an interest or a right in a unit, other real property or personal property except for no consideration, unless the regulations provide otherwise. 2015, c. 28, Sched. 1, s. 23. Board affected (2) A board of a corporation mentioned in subsection (1) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include, (a)  a new board elected pursuant to subsection 152 (6); or (b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 23. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 23 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2015, c. 28, Sched. 1, s. 24) Existing remedies 26.2 (1) Unless the regulations provide otherwise, nothing in a declaration, a by-law, an agreement or an instrument affects any remedy that the corporation may have at law against a declarant or a declarant affiliate until a board of the corporation described in subsection (2) decides otherwise. 2015, c. 28, Sched. 1, s. 24. Board affected (2) A board of a corporation mentioned in subsection (1) is a new board elected at a turn-over meeting held under section 43 or a subsequent board, but does not include, (a)  a new board elected pursuant to subsection 152 (6); or (b)  a board if a majority of the directors on it are those who were elected at any time when the declarant or a declarant affiliate, individually or jointly, owned a majority of the units in the corporation. 2015, c. 28, Sched. 1, s. 24. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 24 - not in force
26.3 A corporation shall send to the owners, (a)  at least once every three months or at such other time periods as are prescribed, a certificate that is prepared in accordance with the regulations and that contains the statements described in clauses 76 (1) (d), (e) and (h), the certificate or memorandum described in clause 76 (1) (p) and all other information relating to the corporation as is prescribed; and (b)  at the prescribed times, a certificate that is prepared in accordance with the regulations and that includes all other prescribed information relating to the corporation. 2015, c. 28, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 25 - 01/11/2017 Directors and Officers
27 (1) A board of directors shall manage the affairs of the corporation. 1998, c. 19, s. 27 (1). Number (2) Subject to subsection 42 (4), the board shall consist of at least three persons or such greater number as the by-laws may provide. 1998, c. 19, s. 27 (2). Change in number (3) The corporation may by by-law increase or, subject to subsection (2), decrease the number of directors as set out in its by-laws. 1998, c. 19, s. 27 (3).
28 (1) Subject to subsection 42 (1), the owners shall elect the board of directors in accordance with this Act and the by-laws. 1998, c. 19, s. 28 (1). Notice of candidates (2) The notice of a meeting to elect one or more directors shall include the name and address of each individual who, for the purpose of clause 45.1 (1) (a), has notified the board in writing and in accordance with the regulations, if any, of the intention to be a candidate in the election by the date specified in the preliminary notice that the board is required to send under subsection 45.1 (1). 2015, c. 28, Sched. 1, s. 26 (1). Notice of owner-occupant position (3) If, under subsection 51 (6), one position on the board is reserved for voting by owners of owner-occupied units, the notice of meeting shall include, (a)  a statement that one position on the board is reserved for voting by owners of owner-occupied units; and (b)  a statement indicating which persons have notified the board in writing as of the day before the notice is sent that they intend to be candidates for the position on the board reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 28 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28 (3) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 26 (2)) Notice of non-leased voting position (3) If, under subsection 51 (6), one position on the board is reserved for voting by owners of non-leased voting units, the notice of meeting shall include, (a)  a statement that one position on the board is reserved for voting by owners of non-leased voting units; and (b)  a statement indicating the name and address of each individual who, for the purpose of subclause 45.1 (1) (a.1) (iv), has notified the board in writing of an intention to be a candidate for the position on the board reserved for voting by owners of non-leased voting units. 2015, c. 28, Sched. 1, s. 26 (2). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 26 (1) - 01/11/2017; 2015, c. 28, Sched. 1, s. 26 (2) - not in force
29 (1) No person shall be a director if, (a)  the person is not an individual; (b)  the person is under 18 years of age; (c)  the person has the status of bankrupt; (d)  the person has been found, under the Substitute Decisions Act, 1992 or the Mental Health Act, to be incapable of managing property; (e)  subject to the regulations, the person has been found to be incapable by any court in Canada or elsewhere; or (f)  the person has not complied with the prescribed disclosure obligations within the prescribed time. 2015, c. 28, Sched. 1, s. 27. Disqualification (2) A person immediately ceases to be a director if, (a)  the person has the status of bankrupt; (b)  the person has been found, under the Substitute Decisions Act, 1992 or the Mental Health Act, to be incapable of managing property; (c)  subject to the regulations, the person has been found to be incapable by any court in Canada or elsewhere; (d)  a certificate of lien has been registered under subsection 85 (2) against a unit owned by the person and the person does not obtain a discharge of the lien under subsection 85 (7) within 90 days of the registration of the certificate of lien; (e)  the person has not completed the prescribed training within the prescribed time; or (f)  the person has not complied with the prescribed disclosure obligations within the prescribed time. 2015, c. 28, Sched. 1, s. 27. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 17 - 15/12/2009 2015, c. 28, Sched. 1, s. 27 - 01/11/2017
30 (1) A person shall not be elected or appointed as a director unless the person consents. 1998, c. 19, s. 30 (1). Deemed consent (2) A person shall be deemed to consent if the person is present at the meeting when elected or appointed and does not refuse to act as a director. 1998, c. 19, s. 30 (2). Written consent (3) A person who is not present at the meeting may be elected or appointed if the person consents in writing to act as director before the meeting or within 10 days after the meeting. 1998, c. 19, s. 30 (3). Non-compliance (4) The election or appointment of a person as director contrary to this section is ineffective. 1998, c. 19, s. 30 (4).