Records
 13.1 (1) The following records of a corporation are prescribed for the purpose of paragraph 11 of subsection 55 (1) of the Act: 1. A copy of the status certificates that the corporation has issued under section 76 of the Act. 2. A record of the statements and information provided to the board or the corporation under sections 11.6 and 11.10 of this Regulation for the purposes of clauses 29 (1) (f) and 29 (2) (f) of the Act. 3. All material and records provided to or obtained by the corporation under section 11.8. 4. Records that relate to employees of the corporation and that the corporation creates or receives. 5. Records that relate to actual or contemplated litigation and that the corporation creates or receives. 6. Records that relate to claims under an insurance policy in relation to the corporation and that the corporation creates or receives, including insurance investigations involving the corporation. 7. Records that relate to specific units or owners and that the corporation creates or receives. 8. A copy of all existing and expired warranties and guarantees that the corporation receives and that relate to the property or to any real or personal property that the corporation owns or that is the subject of an agreement mentioned in section 113 or subsection 154 (5) of the Act entered into by or on behalf of the corporation. 9. All reports and opinions of an architect, engineer, or other person whose profession lends credibility to the report or opinion, that the corporation receives and that relate to physical features of the property or of any real or personal property that the corporation owns or that is the subject of an agreement mentioned in section 113 or subsection 154 (5) of the Act entered into by or on behalf of the corporation. 10. All drawings and plans that the corporation receives and that relate to physical features of the property or of any real or personal property that the corporation owns or that is the subject of an agreement mentioned in section 113 or subsection 154 (5) of the Act entered into by or on behalf of the corporation. 11. All reports and opinions of an appraiser that the corporation receives and that relate to the property or to any real or personal property that the corporation owns or that is the subject of an agreement mentioned in section 113 or subsection 154 (5) of the Act entered into by or on behalf of the corporation. 12. Records that relate to a right, title, interest, encumbrance or demand of any kind affecting land in relation to the corporation, but not including the interest of an owner in the owner’s unit or common interest, and that the corporation creates or receives. 13. Records that relate to an addition, alteration or improvement to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners under section 97 or 98 of the Act and that the corporation creates or receives. Note: On the day section 88 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, paragraph 13 of subsection 13.1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 180/17, s. 17 (2)) 13. Records that relate to a modification under section 97 or 98 of the Act and that the corporation creates or receives. 13.1 Records that relate to the installation of an electric vehicle charging system carried out in accordance with section 24.3 or with sections 24.4 to 24.6 and that the corporation creates or receives. 14., 15.  Revoked: O. Reg. 191/23, s. 13 (3). 16. A copy of all agreements mentioned in paragraph 8 of subsection 55 (1) of the Act that have expired. 17. A copy of all insurance policies that the corporation has obtained and maintains. 18. A copy of all insurance policies that the corporation has obtained and that have expired. 19. A copy of all redacted versions of a record described in subsection 55 (1) of the Act or any of paragraphs 1 to 18 of this subsection. O. Reg. 180/17, s. 17 (1); O. Reg. 114/18, s. 4; O. Reg. 191/23, s. 13 (2, 3). (2) Subject to subsections (3) and (4), the corporation shall retain the records described in subsection 55 (1) of the Act and subsection (1) of this section for the following periods of time: 1. For a record described in paragraph 1, 3.1 or 9 of subsection 55 (1) of the Act, at least seven years from the end of the last fiscal period to which the record relates. 2. For a record described in paragraph 2, 3 or 4 to 8 of subsection 55 (1) of the Act or paragraph 10 of subsection (1) of this section, at all times. 3. For a record described in paragraph 10 of subsection 55 (1) of the Act, at least 90 days following the date of the meeting mentioned in that paragraph, unless the corporation receives written notice of actual or contemplated litigation relating to the record during the 90 days or such longer time period that the corporation retains the record. 4. For a record described in paragraph 3 in respect of which the corporation has received the written notice described in that paragraph, the period of time ending on the latest of, i. the last day of the 90 days mentioned in that paragraph, ii. the date of the final order of a court, an arbitrator or an administrative tribunal in respect of any actual litigation mentioned in that paragraph, iii. if the order mentioned in subparagraph ii specifically requires the corporation to retain the record for a time period, the last day of that time period, iv. the day the corporation enters into a settlement agreement in respect of any actual litigation mentioned in that paragraph, v. if the agreement mentioned in subparagraph iv specifically requires the corporation to retain the record for a time period, the last day of that time period, and vi. the last day of the six-month period following delivery of written notice of contemplated litigation mentioned in that paragraph if the corporation does not receive written notice of actual litigation in respect of that contemplated litigation within that time period. 5. For a status certificate described in paragraph 1 of subsection (1), at least seven years from the date the certificate is issued. 6. For a record described in paragraph 2 of subsection (1), at least seven years from the date the record is provided to the board or the corporation as described in that paragraph. 7. For a record described in paragraph 3 of subsection (1), at least seven years from the date the record is provided to or obtained by the corporation as described in that paragraph. 8. For a record described in paragraph 4, 7, 12 or 13 of subsection (1), at least seven years from the date the corporation creates or receives the record as described in the applicable paragraph. 9. For a record relating to actual litigation that is described in paragraph 5 of subsection (1), i. at least seven years from the date the litigation concluded, if the litigation has concluded, or ii. at all times, if the litigation has not concluded. 10. For a record described in paragraph 6 of subsection (1), at all times, subject to paragraph 11 of this subsection. 11. For a record relating to a claim, including insurance investigations, that is described in paragraph 6 of subsection (1) and that has concluded, at least seven years from the date the claim concluded. 12. For a record relating to an existing warranty or guarantee described in paragraph 8 of subsection (1), at all times. 13. For a record relating to an expired warranty or guarantee described in paragraph 8 of subsection (1), at least seven years from the date the warranty or guarantee expired. 14. For a record described in paragraph 9 or 11 of subsection (1), at least seven years from the date the corporation receives the record as described in the applicable paragraph. 15.-18.  Revoked: O. Reg. 191/23, s. 13 (4). 19. For an agreement described in paragraph 16 of subsection (1), at least seven years from the day the agreement expires. 20. For a policy described in paragraph 17 of subsection (1), at all times. 21. For a policy described in paragraph 18 subsection (1), at least seven years from the day the policy expires. 22. For a redacted version of a record described in paragraph 19 of subsection (1) of this section, at least the same period of time that applies to the corresponding record listed under subsection 55 (1) of the Act or subsection (1) of this section in respect of which a redacted version has been created. 23. For a record in respect of which a retention period is not specified in subsection 55 (2) of the Act or this subsection, the period of time that the board determines is necessary for the corporation to perform its objects and duties or to exercise its powers. O. Reg. 180/17, s. 17 (1); O. Reg. 191/23, s. 13 (1, 4). (3) If the corporation receives a request for records from an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or obtain copies of a record under that subsection and if the corporation receives the request during the period of time that the corporation retains the record or is required to retain it under subsection 55 (2) of the Act or subsection (2) of this section, the corporation shall retain the record for the period of time ending on the latest of, (a) the last day of the period of time that the corporation is required to retain the record under subsection 55 (2) of the Act or subsection (2) of this section; (b) the last day of the six-month period following delivery of the request if the corporation does not receive written notice of actual litigation in respect of a dispute with the corporation regarding compliance with subsection 55 (3) of the Act in respect of the record; (c) the date of the final order of a court, an arbitrator or an administrative tribunal in respect of any actual litigation mentioned in clause (b); (d) if the order mentioned in clause (c) specifically requires the corporation to retain the record for a time period, the last day of that time period; (e) the day the corporation enters into a settlement agreement in respect of any actual litigation mentioned in clause (b); and (f) if the agreement mentioned in clause (e) specifically requires the corporation to retain the record for a time period, the last day of that time period. O. Reg. 180/17, s. 17 (1); O. Reg. 191/23, s. 13 (1). (4) If the corporation receives a request to obtain copies of a record from a condominium management provider or a condominium manager described in subsection 55 (2.2) of the Act pursuant to subsection 13.12 (2) of this Regulation and if the corporation receives the request during the period of time that the corporation retains the record or is required to retain it under subsection 55 (2) of the Act or subsection (2) of this section, the corporation shall retain the record for the period of time ending on the latest of the following times, subject to the agreement described in subsection 55 (2.2) of the Act: 1. The last day of the period of time that the corporation is required to retain the record under subsection 55 (2) of the Act or subsection (2) of this section. 2. The last day of the six-month period following delivery of the request if the corporation does not receive written notice of actual litigation in respect of a dispute with the corporation regarding compliance with subsection 55 (2.2) of the Act in respect of the record. 3. The date of the final order of a court, an arbitrator or an administrative tribunal in respect of any actual litigation mentioned in paragraph 2. 4. If the order mentioned in paragraph 3 specifically requires the corporation to retain the record for a time period, the last day of that time period. 5. The day the corporation enters into a settlement agreement in respect of any actual litigation mentioned in paragraph 2. 6. If the agreement mentioned in paragraph 5 specifically requires the corporation to retain the record for a time period, the last day of that time period. O. Reg. 180/17, s. 17 (1); O. Reg. 191/23, s. 13 (1). (5) If a corporation is required, under subsection 55 (2) of the Act or subsection (2) of this section, to retain a record for two or more periods of time, the corporation shall retain the record for the longer or longest of those periods. O. Reg. 180/17, s. 17 (1). (6) In addition to the requirements under subsection 55 (2) of the Act and subsection (2) of this section, the corporation shall satisfy the requirements of any Act or regulation under it in respect of the retention of records by the corporation. O. Reg. 180/17, s. 17 (1). (7) Section 137 of the Act, as it read immediately before the day section 121 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, applies to a contravention of subsection 55 (1) of the Act that took place before that day. O. Reg. 180/17, s. 17 (1). (8) Section 137 of the Act, as re-enacted by section 121 of Schedule 1 to the Protecting Condominium Owners Act, 2015, applies to a contravention of subsection 55 (1) of the Act that takes place on or after the day that section 121 comes into force. O. Reg. 180/17, s. 17 (1).