Examination of records
 13.3 (1) The right to examine or obtain a copy of a record under subsection 55 (3) of the Act does not apply unless, (a) an owner, a purchaser or a mortgagee of a unit requests to examine or obtain the copy and the request is solely related to that person’s interests as an owner, a purchaser or a mortgagee of a unit, as the case may be, having regard to the purposes of the Act; or (b) a duly authorized agent of an owner, a purchaser or a mortgagee of a unit requests to examine or obtain the copy and the request is solely related to the interests of that owner, purchaser or mortgagee of a unit, as the case may be, having regard to the purposes of the Act. O. Reg. 180/17, s. 17 (1). (2) Despite subsection (1), a person entitled to examine or obtain copies of records under subsection 55 (3) of the Act is not required to provide the corporation with a statement of the purpose of the request. O. Reg. 180/17, s. 17 (1). (3) A request to examine or obtain copies of records under subsection 55 (3) of the Act shall be in a form specified in the Table to section 16.1. O. Reg. 428/19, s. 12 (1). (4) The request for records and any other communication between the requester and the corporation in respect of the request must be delivered to the corporation and is sufficiently delivered if it is, (a) sent by prepaid mail to, (i) the address for service of, (A) the corporation, (B) the condominium management provider or the condominium manager, if any, with whom the corporation has an agreement to receive condominium management services, or (C) any other person responsible for the management of the property, or (ii) an address that the board has, by resolution, decided is an address for receiving delivery of the request; (b) sent by courier delivery to an address described in clause (a) that is capable of receiving courier delivery; (c) deposited in the mail box for an address described in clause (a); or (d) sent by facsimile transmission, electronic mail or any other method of electronic communication if the board has, by resolution, decided that it is a method for receiving delivery of the request. O. Reg. 180/17, s. 17 (1). (5) If a corporation keeps a record in electronic form, the board shall determine the method of electronic communication that it will use for the purposes of clause 13.4 (1) (a), subclause 13.5 (1) (a) (i), clause 13.6 (1) (a) or subclause 13.7 (1) (a) (i). O. Reg. 180/17, s. 17 (1); O. Reg. 191/23, s. 14. (6) When the corporation receives a request for records in accordance with this section, the board shall determine whether the corporation will allow the requester to examine or obtain a copy of the record that the requester has requested and shall respond to the requester within 30 days in a form specified in the Table to section 16.1. O. Reg. 180/17, s. 17 (1); O. Reg. 428/19, s. 12 (2). (7) The board’s response shall set out an index of the records that the requester has requested and the following with respect to each such record: 1. A description of the record. 2. An indication whether or not it is a core record. 3. A statement of the determination that the board has made under subsection (6). 4. If the board has determined that the corporation will allow the requester to examine or obtain a copy of the record, the fee, if any, that the corporation will charge for allowing the requester to examine or obtain a copy of the record. 5. If the board has determined that the corporation will not allow the requester to examine or obtain a copy of 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. 6. The location where the corporation will make available a copy of the record for the requester to examine in person or for the requester to obtain by attending in person, which shall be one of the locations described in subsection 13.2 (1). O. Reg. 180/17, s. 17 (1). (8) The fee payable for the request shall be calculated in accordance with the manner set out in the board’s response, subject to the following conditions: 1. The fee shall be a reasonable estimate of the amount required to reimburse the corporation for the actual labour and delivery costs that the corporation incurs for making the record requested available for examination or for delivering a copy of the record, which costs shall include the printing and photocopying charges established under paragraph 3 and the actual labour costs that the corporation incurs during the examination. 2. The fee shall be reasonable. 3. The board shall establish a charge of no more than 20 cents per page for printing or photocopying. 4. If the request is to examine or obtain a copy of a core record, the corporation shall not charge any fee for the request if it delivers the copy to the requester in electronic form. 5. If the request is to examine a copy of a core record, the corporation shall not charge any fee for the request if it makes a copy of the record available for examination in paper form, other than a fee for the actual labour costs that the corporation incurs during the examination and the printing and photocopying charges established under paragraph 3. 6. If the request is to obtain a copy of a core record, the corporation shall not charge, i. any fee for the request if it delivers the copy to the requester in paper form and if the request for records provides that the requester wishes to obtain the copy in electronic form, or ii. any fee for the request, other than the printing and photocopying charges established under paragraph 3, if it delivers the copy to the requester in paper form and if the request for records does not provide that the requester wishes to obtain the copy in electronic form. O. Reg. 180/17, s. 17 (1). (9) Subject to subsection (8), the fee payable for the request may vary depending on the following factors: 1. Whether the record requested is a core record. 2. Whether the corporation keeps the record requested in electronic or paper form. 3. Whether the request is to examine a copy of the record requested or to obtain a copy of it. 4. Whether the corporation is required to redact the record requested to remove any part that it has determined that it will not allow the requester to examine or of which it will not allow the requester to obtain a copy. 5. The time that the board estimates spending on responding to the request. O. Reg. 180/17, s. 17 (1). (10) The board shall deliver its response to the requester at the address for service or alternative method of communication given in the request for records. O. Reg. 180/17, s. 17 (1). (11) If the board’s response states that the board has determined that the corporation will allow the requester to examine or obtain a copy of the record that the requester has requested and if the requester wishes to continue with the request, the requester shall complete the response, using the applicable portions of the form described in subsection 13.3 (6), and return it to the corporation indicating the record requested, together with payment of the fee payable for the request, if any. O. Reg. 180/17, s. 17 (1).