Providing records to condominium management provider or condominium manager
 13.12 (1) A corporation described in subsection 55 (2.2) of the Act shall, subject to the requirements and conditions, if any, set out in the agreement described in that subsection, provide a copy of any of its records that the condominium management provider or condominium manager reasonably requires if, (a) the provider or manager is entitled to the record under the agreement; and (b) the provider or the manager does not require the record in order to comply with the Condominium Management Services Act, 2015 or the regulations made under it. O. Reg. 180/17, s. 18 (1). (2) If a condominium management provider or condominium manager described in subsection 55 (2.2) of the Act reasonably requires a copy of any of the records of the corporation in order to comply with the Condominium Management Services Act, 2015
or the regulations made under it, the corporation shall provide a copy of the record in accordance with the following requirements and conditions, subject to the requirements and conditions, if any, set out in the agreement described in that subsection: 1. The provider or manager or an agent of one of them duly authorized in writing must deliver a written request to the corporation that contains, i. the address for service of the requester, ii. a specification of the copy of the record requested, iii. a statement that the provider or manager, as the case may be, requires the copy of the record in order to comply with the Condominium Management Services Act, 2015 or the regulations made under it, as well as a brief statement of the specific purpose of the request, and iv. a statement indicating whether the request is for delivery of the copy of the record in electronic form or in paper form. 2. The request is sufficiently delivered to the corporation if it is, i. sent by prepaid mail or by courier to the address for service of the corporation, or ii. deposited in the mail box for the address described in subparagraph i. 3. Any other communication between the requester and the corporation in respect of the request, including any delivery of records by the corporation to the requester may be made, i. in accordance with subparagraph 1 i if it is a communication from the corporation to the requester, ii. in accordance with paragraph 2 if it is a communication from the requester to the corporation, or iii. by facsimile transmission, electronic mail, any other method of electronic communication or in any other manner, if the requester and the corporation agree in writing to that method of communication. 4. When the corporation receives a request in accordance with this subsection, the board shall determine whether the corporation will disclose to the requester the records that the requester has requested and shall deliver a written response to the requester that sets out an index of each record that the requester has requested and the following with respect to each such record: i. A description of the record. ii. An estimate of the cost to the corporation, calculated on the basis of the factors described in paragraph 5, to provide the copy of the record. iii. If the board has determined that the corporation will not disclose the record, a written statement of the board’s reason for its determination and an indication on which provision, if any, of section 55 of the Act or this Regulation the board bases its reason. 5. The manner of calculating the cost estimate described in subparagraph 4 ii can vary depending on the following factors: i. Whether the corporation is required to redact the record to remove any part that the board has determined that the corporation will not disclose to the requester. ii. The time that the board estimates spending on responding to the request. 6. If the board’s response described in paragraph 4 does not state that the board has determined that the corporation will not disclose to the requester the records that the requester has requested and if the requester wishes to continue with the request, the requester shall return the response to the corporation indicating the records requested, together with payment of the cost estimate described in subparagraph 4 ii. 7. The corporation shall deliver a copy of the records to the requester within a reasonable time after the corporation receives the response and payment of the cost estimate described in subparagraph 4 ii. 8. If the corporation does not possess a record that a requester has requested under this subsection, the corporation shall, within a reasonable time, provide that information in writing to the requester, along with information regarding which other person, if any, is in possession of the record if that information is within the corporation’s knowledge. 9. Each copy of a record that the corporation provides under this subsection shall be accompanied by, i. a separate written document that is addressed to the requester and that clearly identifies the record that is being provided, ii. if the board has determined that the corporation will redact the record to remove any part that the board has determined that the corporation will not disclose to the requester, a written statement of the board’s reason for its determination and an indication on which provision of section 55 of the Act or this Regulation the board bases its reason, iii. a separate written document that is addressed to the requester and that indicates, A. the actual cost incurred by the corporation, in accordance with this subsection, to provide the record, and B. the difference, if any, between the actual cost described in sub-subparagraph A and the payment that the corporation has received under paragraph 6 in respect of the record, and iv. if the actual cost described in sub-subparagraph A of subparagraph iii is less than the payment that the corporation has received under paragraph 6 in respect of the record, payment from the corporation to the requester for the amount of the difference. 10. If the actual cost described in sub-subparagraph A of subparagraph 9 iii is more than the payment that the corporation has received under paragraph 6 in respect of the record, the requester shall pay to the corporation within a reasonable time after the corporation complies with paragraph 9 the least of, i. the amount of the difference, ii. 10 per cent of the cost estimate described in subparagraph 4 ii in respect of the request, and iii. 10 per cent of the payment that the corporation has received under paragraph 6 in respect of the record. 11. If the requester provides a written statement to the corporation that is signed by the requester and the authorized officers of the corporation and that clearly acknowledges that the corporation will, in accordance with paragraph 7, deliver a copy of the record to the requester as the requester requests, then, i. subject to paragraph 13, the requester shall be deemed to have waived the right to object to any failure of the corporation to comply with this subsection in responding to the request, and ii. the corporation shall comply with its requirements set out in the written statement, subject to the requirements of the Act and this Regulation. 12. If the requester described in paragraph 11 is an agent of a condominium management provider or condominium manager, then, subject to paragraph 13, the provider or manager, as the case may be, shall be deemed to have waived the right to object to any failure of the corporation to comply with this subsection in responding to the request. 13. If the board determines that the corporation will not disclose to a requester a copy of the record that the requester has requested or that the corporation will redact the record to remove any part of it, the requester or, if the requester is an agent of a condominium management provider or condominium manager, the provider or manager, as the case may be, shall be deemed to have reserved the right to object to the determination of the board and the right to pursue any remedies with respect to that determination, unless the requester provides a written statement to the corporation that is signed by the requester and clearly waives that right. 14. A request shall be deemed to be abandoned and it shall then have no force and effect if, within 60 days of receiving the written response described in paragraph 4 in respect of the request, the requester does not, i. in accordance with paragraph 6, return the response to the corporation and make the payment required by that paragraph, or ii. submit the request as a matter in dispute to one or both of mediation and arbitration for resolution. 15. The request shall be deemed to be abandoned and it shall then have no force and effect if, within six months of the requester delivering the written request described in paragraph 1 in respect of the request to the corporation, the requester does not submit the request as a matter in dispute to one or both of mediation and arbitration for resolution. O. Reg. 180/17, s. 18 (1). (3) This section and the right of a condominium management provider or condominium manager who no longer has an agreement described in subsection 55 (2.2) of the Act with a corporation and the right of an agent of one of them duly authorized in writing to receive a copy of a record of the corporation under that subsection do not apply to, (a) records relating to employees of the corporation, except for contracts of employment between any of the employees and the corporation; (b) records relating to actual or contemplated litigation or insurance investigations involving the corporation; (c) records relating to specific units or owners; (d) a report or opinion from a lawyer or licensed paralegal to the corporation with respect to, (i) an agreement described in that subsection, or (ii) the provision of condominium management services by the provider or manager to the corporation; (e) records that contain communications for the purpose of obtaining the report or opinion described in clause (d) or that are in respect of the report or opinion; and (f) records relating to other condominium management providers or condominium managers. O. Reg. 180/17, s. 18 (1); O. Reg. 191/23, s. 16. (4) Despite subsection (3), a corporation may disclose a record described in clauses (3) (b), (d), (e) and (f) but shall not disclose a record described in clauses (3) (a) and (c). O. Reg. 180/17, s. 18 (1). (5) Revoked: O. Reg. 180/17, s. 18 (2). By-laws