jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation, interest
 1.2 For the purposes of the Act and this Regulation, a person has an interest in a contract or transaction if, but not only if, the person is a party to the contract or transaction respectively. O. Reg. 180/17, s. 2 (1); O. Reg. 379/17, s. 1. 2. Revoked: O. Reg. 180/17, s. 3.
Standard condominium corporations
 3. Corporations created before Part II of the Act came into force and continued as corporations under subsection 178 (1) of the Act are classified as standard condominium corporations.  O. Reg. 48/01, s. 3. PART II   DECLARATION AND DESCRIPTION Place of Registration
PART II DECLARATION AND DESCRIPTION
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Place of Registration
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Place of registration
 4. A declaration and description shall not be registered unless, (a) the property described in Schedule A to the declaration, is situated entirely within the boundaries of one land titles division, the Land Titles Act applies to all the property and the declarant is the registered owner of the property with an absolute title under that Act; or (b) the property described in Schedule A to the declaration, is situated entirely within the boundaries of one registry division, the Registry Act applies to all the property and the declarant holds a certificate of title to the property issued under Part I of the Certification of Titles Act as it read immediately before the repeal of that Act within 10 years before the registration.  O. Reg. 48/01, s. 4; O. Reg. 442/11, s. 1. Declaration
Declaration
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Construction complete
 6. (1) For the purposes of subsection 5 (8),  “has been constructed” means, with respect to each building on the property, constructed at least to the following state: 1. The exterior building envelope, including roofing assembly, exterior wall cladding, doors and windows, caulking and sealants, is weather resistant if required by the construction documents and has been completed in general conformity with the construction documents. 2. Floor assemblies are constructed to the sub-floor. 3. Walls and ceilings of the common elements, excluding interior structural walls and columns in a unit, are completed to the drywall (including taping and sanding), plaster or other final covering. 4. All underground garages, if any, have walls and floor assemblies in place. 5. All elevating devices, if any, as defined in Ontario Regulation 209/01 (Elevating Devices) made under the
Technical Standards and Safety Act, 2000, are licensed under that Act if it requires a licence, except for elevating devices contained wholly in a unit and designed for use only within the unit. 6. All installations with respect to the provision of water and sewage services are in place. 7. All installations with respect to the provision of heat and ventilation are in place and heat and ventilation can be provided. 8. All installations with respect to the provision of air conditioning, if any, are in place. 9. All installations with respect to the provision of electricity are in place. 10. All indoor and outdoor swimming pools, if any, are roughed in to the extent that they are ready to receive finishes, equipment and accessories. 11. Subject to paragraphs 2 and 3, the boundaries of the units are completed to the drywall (not including taping and sanding), plaster or other final covering, and perimeter doors are in place.  O. Reg. 48/01, s. 6 (1); O. Reg. 383/12, s. 2. (2) Despite paragraph 2 of subsection (1), with respect to units intended for non-residential purposes that are not ancillary to units intended for residential purposes, the lowermost floor does not have to be in place if it is at grade.  O. Reg. 48/01, s. 6 (2). (3) Despite paragraphs 3 and 11 of subsection (1), with respect to units intended for non-residential purposes that are not ancillary to units intended for residential purposes, wall or ceiling coverings, interior perimeter doors, interior partitions or walls between units or between units and common elements do not have to be in place.  O. Reg. 48/01, s. 6 (3).
Deemed provisions in declaration
 6.1 (1) A declaration is deemed to include the following provisions: 1. Despite anything in the declaration, as soon as reasonably possible and, in any event, by no later than the 15th day after the declarant transfers the first unit in the corporation, the declarant shall give written notice to the first board mentioned in subsection 42 (1) of the Condominium Act, 1998 of the day that the declarant transferred that unit. 2. Despite anything in the declaration, as soon as reasonably possible and, in any event, no later than five days before the day that, according to the declarant’s anticipation, is the day on which the declarant will cease to be the registered owner of the majority of the units, the declarant shall give written notice to the first board mentioned in subsection 42 (1) of the Condominium Act, 1998 of the anticipated day. 3. Despite anything in the declaration, as soon as reasonably possible and, in any event, by no later than five days after the declarant ceases to be the registered owner of the majority of the units, the declarant shall give written notice to the first board mentioned in subsection 42 (1) of the Condominium Act, 1998 of the day that the declarant ceased to be the registered owner of the majority of the units. O. Reg. 180/17, s. 4; O. Reg. 379/17, s. 1. (2) No board, other than a board of the corporation described in subsection 11 (8) of the Act, may approve a proposed amendment or repeal of any of the deemed provisions set out in subsection (1). O. Reg. 180/17, s. 4; O. Reg. 379/17, s. 1.
Restrictions: amalgamation
 7. (1) A declaration shall not be registered if, (a) it contains provisions requiring an owner, a future owner or anyone on the owner’s or future owner’s behalf to consent in writing to an amalgamation; or (b) it contains provisions relating to an amalgamation.  O. Reg. 48/01, s. 7 (1). (2) If a declaration contains a provision that is inconsistent with subsection (1), the declaration shall be deemed to contain another provision stating that the inconsistent provision is void.  O. Reg. 48/01, s. 7 (2).
Amendments
 8. An amendment made under section 107 of the Act to a declaration is exempt from subsection 7 (1) of the Act and clause 7 (2) (b) of the Act and is not required to contain any statements or schedules described in section 5 that are in the registered declaration and that are not being amended by the amendment.  O. Reg. 48/01, s. 8. Description
Description
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Contents
 9. (1) A description shall not be received for registration unless, (a) it complies with all legal requirements; and (b) the land registrar has received the declaration for the property and it is capable of being registered.  O. Reg. 48/01, s. 9 (1). (2) Despite clause 8 (1) (b) of the Act, a description of a corporation shall not contain the architectural plans described in that clause if, (a) it contains the structural plans described in that clause; and (b) Schedule G to the declaration does not contain the certificate of an architect described in clause 5 (8) (a).  O. Reg. 48/01, s. 9 (2). (3) Despite clause 8 (1) (e) of the Act, a description of a corporation shall not contain the certificates described in that clause.  O. Reg. 48/01, s. 9 (3). (4) In addition to all other material that it is required to contain, a description shall contain a description of all easements and similar interests to which the property is subject.  O. Reg. 48/01, s. 9 (4). (5) The description of the easements and similar interests to which the property is subject and the description of the interests appurtenant to the property required by clause 8 (1) (g) of the Act shall be combined and shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 9 (5); O. Reg. 442/11, s. 3.
Forms
 10. (1) The land registrar’s certificate of registration that clause 11 (1) (a) of Ontario Regulation 49/01 (Description and Registration) made under the Act requires to be on the description shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 10 (1); O. Reg. 442/11, s. 4 (1). (2) The surveyor’s certificate that clause 11 (1) (c) of Ontario Regulation 49/01 (Description and Registration) made under the Act requires to be on the description shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 10 (2); O. Reg. 442/11, s. 4 (2). (3) The certificate that clause 11 (1) (e) or (f) or subsection 21 (2) of Ontario Regulation 49/01 (Description and Registration) made under the Act requires to be on the description and that is made by the declarant or, if the description is being registered to effect an amalgamation, the persons authorized to bind each of the amalgamating corporations, shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 10 (3); O. Reg. 442/11, s. 4 (3). (4) The surveyor’s certificate that clause 11 (3) (b) of Ontario Regulation 49/01 (Description and Registration) made under the Act requires to be on the description shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 10 (4); O. Reg. 442/11, s. 4 (4).
Amendments
 11. All persons are exempt from subsections 9 (2) and (3) of the Act when applying to register an amendment to the description made under section 109 or 110 of the Act.  O. Reg. 48/01, s. 11. Part III   Corporation Information Certificates
PART III CORPORATION
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Information Certificates
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New owner information certificate
 11.3 (1) A new owner information certificate is a class of certificate mentioned in clause 26.3 (b) of the Act. O. Reg. 180/17, s. 5 (2). (2) Despite clause 26.3 (b) of the Act, a corporation shall send a new owner information certificate only to each owner who is described in subsection 46.1 (2) of the Act and who has complied with that subsection. O. Reg. 180/17, s. 5 (2). (3) A new owner information certificate shall contain, (a) a copy of the most recent periodic information certificate, if any, that the corporation sent to the owners or was required to send to the owners under section 11.1, unless the corporation has previously sent that periodic information certificate to the owner described in subsection (2); (b) a copy of the information certificate updates, if any, that the corporation sent to the owners or was required to send to the owners under section 11.2 after the periodic information certificate described in clause (a), but not any of those information certificate updates that the corporation has previously sent to the owner described in subsection (2); and (c) all other information relating to the corporation that a by-law of the corporation requires be included in the certificate. O. Reg. 180/17, s. 5 (2). (4) A corporation shall send a new owner information certificate to each owner described in subsection (2) within 30 days after the owner has complied with subsection 46.1 (2) of the Act. O. Reg. 180/17, s. 5 (2). (5) For greater certainty, a corporation is not required to send a new owner information certificate to any owner if the certificate is not required to contain anything under subsection (3). O. Reg. 180/17, s. 5 (2). (6) A new owner information certificate shall be in a form specified in the Table to section 16.1. O. Reg. 428/19, s. 3.
Exception: no information certificates to send
 11.4 (1) A corporation shall not send a periodic information certificate to owners under section 11.1, an information certificate update to owners under section 11.2 or a new owner information certificate to owners under section 11.3 in a fiscal year if, (a) a turn-over meeting has been held for the corporation under section 43 of the Act; (b) a new board has been elected under subsection 152 (6) of the Act, in the case of a phased condominium corporation, and a turn-over meeting for the corporation has been held under section 43 of the Act after that election; and (c) the owners of at least 80 per cent of the units consent in writing to dispense with the requirements of the applicable section 11.1, 11.2 or 11.3 until the next fiscal year of the corporation. O. Reg. 180/17, s. 5 (2). (2) Subsection (1) applies only in respect of a periodic information certificate, an information certificate update or a new owner information certificate that the corporation is required to send to owners under section 11.1, 11.2 or 11.3, as the case may be, after the consent described in clause (1) (c) is obtained and for the remainder of the fiscal year in which the consent is obtained. O. Reg. 180/17, s. 5 (2). (3) An owner is not entitled to consent under clause (1) (c) if any contributions to the common expenses payable for the owner’s unit are in arrears for 30 days or more. O. Reg. 180/17, s. 5 (2). (4) An owner who, under subsection (3), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owner’s unit. O. Reg. 180/17, s. 5 (2).
Delivery of information certificates
 11.5 (1) In addition to section 54 of the Act, a periodic information certificate, an information certificate update or a new owner information certificate that a corporation sends to the owners is sufficiently served if, (a) the corporation posts it on a website and sends a notice of the posting that complies with subsection (2) of this section to the owners in accordance with section 54 of the Act; (b) the posting meets the requirements specified in clauses (b) and (c) of the definition of “electronic communication” and “electronic mail” in subsection 1 (2) of this Regulation; and (c) the posting can be accessed by electronic means in the manner set out in the statement described in clause (2) (c) and for at least 30 days following the day on which the corporation complies with clauses (a) and (b) of this subsection. O. Reg. 180/17, s. 5 (2). (2) The notice of the posting shall, (a) be in a form specified in the Table to section 16.1; (b) identify whether the posted certificate is a periodic information certificate, an information certificate update or a new owner information certificate; (c) state how the posting can be accessed by electronic means; and (d) state that if an owner wishes to obtain a copy of the posted certificate in paper form, the owner can do so by making a request under subsection 55 (3) of the Act. O. Reg. 180/17, s. 5 (2); O. Reg. 428/19, s. 4. (3) The provisions of sections 13.3 to 13.11 that apply to a core record apply to a request described in clause (2) (d). O. Reg. 180/17, s. 5 (3). Directors and Officers
Directors and Officers
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Training courses required
 11.7 (1) For the purpose of clause 29 (2) (e) of the Act, the prescribed training consists of the training courses that the following person or body designates: 1. The board of the condominium authority, if the authority is responsible for the administration of this section. 2. The Minister, if there is no condominium authority responsible for the administration of this section. O. Reg. 180/17, s. 6. (2) The person or body that is authorized to designate the training courses may designate organizations that are authorized to provide the courses. O. Reg. 180/17, s. 6. (3) If the board of the condominium authority is authorized to designate the training courses, the authority shall publish a description of the courses and the organizations, if any, that are authorized to provide them, (a) on its website and in any other way described in its administrative agreement; and (b) in any other format that the condominium authority considers advisable. O. Reg. 180/17, s. 6. (4) For the purpose of clause 29 (2) (e) of the Act, a person shall complete the training courses within six months of the earlier of the day that the person is elected or appointed to the board, unless the person, (a) is no longer a director on the last day of those six months; or (b) has previously completed the courses, (i) within seven years before that applicable day, (ii) on or after the day this section comes into force, and (iii) in accordance with this section as it read at the time the person completed the courses. O. Reg. 180/17, s. 6.
Records of training courses
 11.8 (1) If the condominium authority or the Minister has designated an organization to provide a training course required under section 11.7 and a person completes such a course in accordance with that section, the authority or the Minister, as the case may be, shall ensure that the organization provides written evidence of completion to the person and to the authority or the Minister, as the case may be. O. Reg. 180/17, s. 6. (2) The evidence of completion shall identify the name of the person and the date that the person completed the course. O. Reg. 180/17, s. 6. (3) Within 15 days after receiving the evidence of completion, the person shall forward to each corporation in respect of which the person was a director at the time the person completed the course, (a) a notice identifying each such corporation; (b) the evidence of completion; and (c) written evidence of the costs, charges or expenses, if any, that the person incurred and paid for directly, and in respect of which the person has not been indemnified by a corporation. O. Reg. 180/17, s. 6. (4) Within 30 days of receiving the material described in subsection (3), the corporation shall indemnify the person and the person’s heirs, executors, administrators and estate trustees for all costs, charges and expenses that the person incurred and paid for directly in completing the course, except to the extent that another corporation indemnifies the person for those costs, charges and expenses. O. Reg. 180/17, s. 6. (5) The condominium authority or the Minister that designated the training courses required under section 11.7 shall, (a) keep adequate records relating to each person who has completed the courses in accordance with that section, including a record of, (i) the name of the person, (ii) the name of each corporation in respect of which the person was a director at the time the person completed the courses, and (iii) the date that the person completed the courses; (b) retain the records mentioned in clause (a) for an adequate period of time; and (c) upon reasonable notice and at all reasonable times and subject to section 1.29 of the Act, permit a corporation described in subclause (a) (ii), a corporation in respect of which the person is a director at the time of forwarding the material described in subsection (3) or a person authorized by any such corporation to examine or obtain copies of the records mentioned in clause (a) that relate to the person described in that clause. O. Reg. 180/17, s. 6.
Exemption from disclosure obligations and training courses
 11.9 (1) A director appointed or elected to a board before the day section 27 of Schedule 1 to the Protecting Condominium Owners Act, 2015
comes into force is exempt from clauses 29 (1) (f) and 29 (2) (e) of the Act but ceases to be so exempt if the person is elected or appointed to the board at or after a turn-over meeting held under section 43 of the Act on or after that day. O. Reg. 180/17, s. 6. (2) A director appointed or elected to the first board under section 42 of the Act is exempt from clauses 29 (1) (f) and 29 (2) (e) of the Act but ceases to be so exempt if the person is elected or appointed to the board at or after a turn-over meeting held under section 43 of the Act on or after the day section 27 of Schedule 1 to the
Protecting Condominium Owners Act, 2015 comes into force. O. Reg. 180/17, s. 6. (3) If the condominium authority is responsible for the administration of section 11.7 of this Regulation, clause 29 (2) (e) of the Act, as enacted by section 27 of Schedule 1 to the Protecting Condominium Owners Act, 2015, does not apply to any director who was elected or appointed to a board on or after the day that clause comes into force but before the earlier of, (a) the date that the board of the condominium authority publishes on its website, in accordance with subsection 11.7 (3) of this Regulation, a description of the courses and the organizations, if any, that are authorized to provide them; and (b) one year from the day that clause 29 (2) (e) comes into force. O. Reg. 180/17, s. 6.
Performance Audit
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Performance audit
 12. (1) In subsection (2), “telecommunications” means the emission, transmission or reception of any combination of signs, signals, writing, images, sound, data, alphanumeric characters or intelligence of any nature by wire, cable, radio or an optical, electromagnetic or any similar technical system.  O. Reg. 48/01, s. 12 (1). (2) For the purpose of clause 44 (5) (a) of the Act, the person who conducts the performance audit shall inspect the elevating devices, as defined in Ontario Regulation 209/01 (Elevating Devices) made under the Technical Standards and Safety Act, 2000, if any, of the buildings on the property and the telecommunications systems, if any, that service the buildings.  O. Reg. 48/01, s. 12 (2); O. Reg. 383/12, s. 2. (3) For the purpose of clause 44 (5) (b) of the Act, the person who conducts the performance audit shall inspect the sprinkler systems, if any, and the outside parking areas, if any.  O. Reg. 48/01, s. 12 (3). (4) In addition to the material specified in subsection 44 (8) of the Act, the written report mentioned in that subsection shall also include a copy of the current declaration and description registered in respect of the corporation, including all amendments to that declaration and description.  O. Reg. 48/01, s. 12 (4). Owners
Owners
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Material for meetings
 12.1 (1) For the purpose of subsection 45 (5) of the Act, the prescribed material consists of, (a) all material that a by-law of the corporation requires; (b) if the meeting is an annual general meeting held on or after the day that subsection comes into force, (i) the most recent periodic information certificate, if any, that the corporation sent to the owners or was required to send to the owners under section 11.1, and (ii) the information certificate updates, if any, that the corporation sent to the owners or was required to send to the owners under section 11.2 after the periodic information certificate described in subclause (i); and (c) if the meeting is a meeting held on or after the day that subsection comes into force to elect one or more directors, the statements and information that a person provides in writing under subsection 11.6 (5) or (7) or orally under subsection 11.6 (7). O. Reg. 180/17, s. 10. (2) For the purpose of subsection 45 (5) of the Act, the prescribed manner by which the board shall place the required material before a meeting of owners shall be, (a) making one or more copies of the materials described in clause (1) (b) available in writing for examination at the meeting; (b) adding an oral presentation of the statements and information described in clause (1) (c) to the business to be presented at the meeting; or (c) any other manner set out in a by-law of the corporation. O. Reg. 180/17, s. 10; O. Reg. 191/23, s. 4.
Owner’s address for service
 12.4 (1) Subject to subsection (2), if an owner became an owner in a corporation before the day section 46.1 of the Act comes into force and the corporation has a record described in subsection 47 (2) of the Act, as it read immediately before the day section 42 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, with respect to the owner, then, for the purpose of clause 46.1 (3) (b) of the Act, on the day section 46.1 of the Act comes into force, the record of the corporation required by that section shall be deemed to contain an address for service for the owner, which is, (a) the address of the owner’s unit, if the corporation is not a common elements condominium corporation, if the address meets the requirement of the definition of “address for service” in subsection 1 (2) of this Regulation and if there is no other address for the owner in the record described in that subsection 47 (2) of the Act; (b) the address of the owner’s parcel of tied land to which the common interest of the owner attaches under clause 139 (2) (a) of the Act, if the corporation is a common elements condominium corporation, if the address meets the requirement of the definition of “address for service” in subsection 1 (2) of this Regulation and if there is no other address for the owner in the record described in that subsection 47 (2) of the Act; or (c) the address of the owner in the record described in that subsection 47 (2) of the Act, if the address meets the requirement of the definition of “address for service” in subsection 1 (2) of this Regulation. O. Reg. 180/17, s. 12; O. Reg. 191/23, s. 6 (1). (2) If an owner described in subsection (1) notifies the corporation in writing of the owner’s name and address for service, including any change in the address for service, under clause 46.1 (3) (b) of the Act on or after the day section 6 of Ontario Regulation 191/23 comes into force, the record of the corporation required by section 46.1 of the Act is no longer deemed to contain the address for service for the owner that the record was deemed to contain under subsection (1) of this section. O. Reg. 191/23, s. 6 (2).
Mortgagee’s address for service
 12.6 (1) If a mortgagee became a mortgagee of a unit in a corporation before the day section 46.1 of the Act comes into force and the corporation has a record described in subsection 47 (2) of the Act, as it read immediately before the day section 42 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, with respect to the mortgagee, then, for the purpose of clause 46.1 (3) (c) of the Act, on the day section 46.1 of the Act comes into force, the record of the corporation required by that section shall be deemed to contain an address for service for the mortgagee, which is the address of the mortgagee in the record described in that subsection 47 (2) of the Act, if the address meets the requirement of the definition of “address for service” in subsection 1 (2) of this Regulation. O. Reg. 180/17, s. 12. (2) If a mortgagee described in subsection (1) gives a notice described in subclause 46.1 (3) (c) (iii) of the Act to the corporation on or after the day section 8 of Ontario Regulation 191/23 comes into force, the record of the corporation required by section 46.1 of the Act is no longer deemed to contain the address for service for the mortgagee that the record was deemed to contain under subsection (1) of this section. O. Reg. 191/23, s. 8.
Record of owners and mortgagees
 12.6.1 (1) The prescribed information for the purposes of clause 46.1 (3) (d) of the Act is as follows: 1. The electronic communication address of an owner whose name appears in the record required by section 46.1 of the Act or is required by that section to appear in that record, if, i. the owner provides the corporation in writing, for any purpose, with the owner’s electronic communication address, including any change in the electronic communication address, ii. the board has decided that the corporation may send one or more things required to be given to an owner under the Act by that method of electronic communication, and iii. after having been provided with the electronic communication address, the corporation has not received a written request from the owner that notices not be given using the address. 2. The electronic communication address of a mortgagee whose name appears in the record required by section 46.1 of the Act or is required by that section to appear in that record, if, i. the mortgagee provides the corporation in writing, for any purpose, with the mortgagee’s electronic communication address, including any change in the address, ii. the board has decided that the corporation may send one or more things required to be given to a mortgagee under the Act by that method of electronic communication, and iii. after having been provided with the electronic communication address, the corporation has not received a written request from the mortgagee that notices not be given using the address. O. Reg. 191/23, s. 9. Transition (2) If, before the day section 9 of Ontario Regulation 191/23 comes into force, a corporation was provided with an electronic communication address from an owner or a mortgagee in accordance with subparagraph 1 i or 2 i of subsection (1) and did not subsequently receive a written request referred to in subparagraph 1 iii or 2 iii of subsection (1) from the owner or mortgagee, the corporation is deemed, for the purposes of subparagraph 1 i or 2 i of subsection (1), to have received the address referred to in that subparagraph on the day section 9 of Ontario Regulation 191/23 comes into force. O. Reg. 191/23, s. 9.
Means of service of notices
 12.7 (1)-(3) Revoked: O. Reg. 191/23, s. 10. (4) For the purposes of clause 47 (4) (d) of the Act and clause 11.11 (3) (c) of this Regulation, a notice is sufficiently delivered if it is, (a) sent by prepaid mail to an address for the unit or the mail box for the unit that is capable of receiving prepaid mail; (b) sent by courier delivery to an address for the unit or the mail box for the unit that is capable of receiving courier delivery; or (c) deposited in the mail box for the unit. O. Reg. 180/17, s. 13 (1).
Quorum
 12.9 (1) Subject to subsection (2), the other prescribed meetings for the purposes of subsections 50 (1) and (1.1) of the Act are, (a) any meeting to elect one or more directors that is not a meeting mentioned in section 43 or subsection 45 (2) of the Act; and (b) any meeting to appoint an auditor that is not a meeting mentioned in section 43 or subsection 45 (2) of the Act. O. Reg. 180/17, s. 14. (2) Subsection (1) does not apply to any part of the business of a meeting that concerns the removal of a director or the removal of an auditor. O. Reg. 180/17, s. 14. (3) This section does not apply to a meeting of owners unless the meeting is held 40 days or more after the day subsections 50 (1) and (1.1) of the Act, as re-enacted by subsection 45 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015, come into force and the board has not sent any notice with respect to the meeting before that day. O. Reg. 180/17, s. 14. 12.10 Revoked: O. Reg. 191/23, s. 12.
Proxies
 13. An instrument appointing a proxy to vote at a meeting of owners shall be in a form specified in the Table to section 16.1. O. Reg. 428/19, s. 11. Records
Method of retention of records
 13.2 (1) For the purpose of subsection 55 (2.1) of the Act, a corporation shall keep its records that are in paper form, (a) on any part of the property that the board determines is appropriate for the storage of records; or (b) at a location that is not part of the property and that the board determines is, (i) a location that enables the corporation to carry out its duties under section 55 of the Act and this Regulation with respect to records, (ii) an appropriate location for the storage of records, and (iii) any place of business in Ontario of the condominium management provider or the condominium manager, if any, with whom the corporation has entered into an agreement to receive condominium management services or any location that is reasonably close to the property. O. Reg. 180/17, s. 17 (1). (2) For the purpose of subsection 55 (2.1) of the Act, a corporation shall keep its records that are in electronic form by entering or recording them by a system of electronic data processing or by any other information storage device, where the system or device, (a) is capable of reproducing any required information from the records in an accurate and intelligible form within a time that is reasonable and that complies with the requirements of section 55 of the Act and this Regulation with respect to records; (b) includes a password or other reasonable methods of protecting against unauthorized access; and (c) automatically backs up files and allows the recovery of backed-up files or otherwise provides reasonable protection against loss of, damage to and inaccessibility of information. O. Reg. 180/17, s. 17 (1).
Allowing examination of a core record
 13.4 (1) If the request for records provides that the requester wishes to examine a core record, if the board determines under subsection 13.3 (6) that the corporation will allow the requester to examine the record and that it is a core record and if the corporation keeps the record in electronic form, the corporation shall, within the time period that subsection requires the board to deliver its response, deliver a copy of the record in electronic form to the requester, (a) by electronic communication if the requester so agrees in the request; or (b) in any manner that the corporation and the requester agree to in writing before that time period expires. O. Reg. 180/17, s. 17 (1). (2) If the request for records provides that the requester wishes to examine a core record, if subsection 13.3 (11) applies to the requester and the requester has complied with it, if the corporation keeps the record in electronic form and if the requester does not agree as described in clause (1) (a) or (b), the corporation shall, within seven days of receiving the requester’s response and payment of the fee payable for the request, make available a copy of the record in paper form for the requester to examine in person at a location set out in the board’s response in accordance with paragraph 6 of subsection 13.3 (7) or at any other location that the corporation and the requester agree to in writing before the seven days expire. O. Reg. 180/17, s. 17 (1). (3) If the request for records provides that the requester wishes to examine a core record, if subsection 13.3 (11) applies to the requester and the requester has complied with it and if the corporation does not keep the record in electronic form, the corporation shall, within seven days of receiving the requester’s response and payment of the fee payable for the request, make available a copy of the record in paper form for the requester to examine in person at a location set out in the board’s response in accordance with paragraph 6 of subsection 13.3 (7) or at any other location that the corporation and the requester agree to in writing before the seven days expire. O. Reg. 180/17, s. 17 (1).
Allowing examination of a non-core record
 13.5 (1) If the request for records provides that the requester wishes to examine a record that is not a core record, if subsection 13.3 (11) applies to the requester and the requester has complied with it and if the corporation keeps the record in electronic form, the corporation shall, within 30 days of receiving the requester’s response and payment of the fee payable for the request, (a) deliver a copy of the record in electronic form to the requester, (i) by electronic communication if the requester so agrees in the request, or (ii) in any manner that the corporation and the requester agree to in writing before the expiry of the time period that subsection 13.3 (6) requires the board to deliver the board’s response; or (b) make available a copy of the record in paper form for the requester to examine in person at a location set out in the board’s response in accordance with paragraph 6 of subsection 13.3 (7) or at any other location that the corporation and the requester agree to in writing before the 30 days expire, if the requester does not agree as described in clause (a). O. Reg. 180/17, s. 17 (1). (2) If the request for records provides that the requester wishes to examine a record that is not a core record, if subsection 13.3 (11) applies to the requester and the requester has complied with it and if the corporation does not keep the record in electronic form, the corporation shall, within 30 days of receiving the requester’s response and payment of the fee payable for the request, make available a copy of the record in paper form for the requester to examine in person at a location set out in the board’s response in accordance with paragraph 6 of subsection 13.3 (7) or at any other location that the corporation and the requester agree to in writing before the 30 days described in subsection (1) expire. O. Reg. 180/17, s. 17 (1).
Delivering a copy of a non-core record
 13.7 (1) If the request for records provides that the requester wishes to obtain a copy of a record that is not a core record, if subsection 13.3 (11) applies to the requester and the requester complies with it and if the corporation keeps the record in electronic form, the corporation shall, within 30 days of receiving the requester’s response and the fee payable for the request, (a) deliver a copy of the record in electronic form to the requester, (i) by electronic communication if the requester so agrees in the request, or (ii) in any manner that the corporation and the requester agree to in writing before the expiry of the time period that subsection 13.3 (6) requires the board to deliver the board’s response; or (b) deliver a copy of the record in paper form to the requester in the manner described in any of clauses 13.6 (5) (a) to (d), if the requester does not agree as described in clause (a) of this subsection. O. Reg. 180/17, s. 17 (1). (2) If the request for records or the requester’s response provides that the requester wishes to obtain a copy of a record that is not a core record, if subsection 13.3 (11) applies to the requester and the requester has complied with it and if the corporation does not keep the record in electronic form, the corporation shall deliver a copy of the record in paper form to the requester in the manner described in any of clauses 13.6 (5) (a) to (d) within 30 days of receiving the requester’s response and payment of the fee payable for the request. O. Reg. 180/17, s. 17 (1).
Accompanying statements
 13.8 (1) Each copy of a record that the corporation makes available for examination or delivers under any of sections 13.4 to 13.7 shall be accompanied by, (a) a separate written document that is addressed to the requester and that clearly identifies the record that is being made available or delivered, as the case may be; (b) 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 allow the requester to examine or of which it will not allow the requester to obtain a copy, 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; (c) a separate written document that is addressed to the requester and that indicates, (i) the actual cost that the corporation has incurred for making the copy available or for delivering it, as the case may be, subject to the limits that subsections 13.3 (8) and (9) place on the fee payable for the request, and (ii) the difference, if any, between the actual cost described in subclause (i) and the fee that the requester paid for the request; and (d) if the actual cost described in subclause (c) (i) is less than the fee that the requester paid for the request, payment from the corporation to the requester of the amount of the difference. O. Reg. 180/17, s. 17 (1). (2) If the actual cost described in subclause (1) (c) (i) is more than the fee that the requester paid for the request, the requester shall pay to the corporation within 30 days after the corporation complies with subsection (1) the least of, (a) the amount of the difference; (b) 10 per cent of the fee payable for the request; and (c) 10 per cent of the fee that the requester paid for the request. O. Reg. 180/17, s. 17 (1). (3) If clauses (1) (a), (b) and (c) apply to the same request, the information that the separate written documents described in those clauses is required to contain may be contained in a single written document. O. Reg. 180/17, s. 17 (1).
Waiver of right to object
 13.9 (1) If a person makes a request for records and the requester provides a written statement to the corporation that the requester and the authorized officers of the corporation have signed and that clearly acknowledges that the corporation will allow the requester to examine or obtain a copy of the record, as the case may be, as the requester requests, then, (a) subject to subsection (4), the requester shall be deemed to have waived the right to object to any failure of the corporation to comply with subsections 55 (3) to (6) of the Act and sections 13.3 to 13.8 of this Regulation in responding to the request; and (b) the corporation shall comply with its requirements set out in the written statement, subject to the requirements of the Act and this Regulation. O. Reg. 180/17, s. 17 (1). (2) If the requester described in subsection (1) is an agent of an owner, mortgagee or purchaser, then, subject to subsection (4), the owner, purchaser or mortgagee, as the case may be, shall be deemed to have waived the right to object to any failure of the corporation to comply with subsections 55 (3) to (6) of the Act and sections 13.3 to 13.8 of this Regulation in responding to the request. O. Reg. 180/17, s. 17 (1). (3) The written statement described in subsection (1) shall be in a form specified in the Table to section 16.1. O. Reg. 428/19, s. 13. (4) If a person makes a request for records and the board determines that the corporation will not allow the requester to examine or obtain 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 an owner, mortgagee or purchaser, the owner, purchaser or mortgagee, 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 that clearly waives that right. O. Reg. 180/17, s. 17 (1). (5)  A corporation that contravenes clause (1) (b) shall be deemed to have failed to comply with subsection 55 (3) of the Act and the deemed waiver described in clause (1) (a) or subsection (2) does not apply to the corporation’s contravention of clause (1) (b). O. Reg. 180/17, s. 17 (1).
Abandonment of request
 13.10 (1) A request for records shall be deemed to be abandoned and it shall then have no force and effect if, within 60 days of receiving the board’s response, the requester does not, (a) in accordance with subsection 13.3 (11), return the requester’s response to the corporation and pay the fee payable for the request; (b) apply, in accordance with Part I.2 of the Act, to the Condominium Authority Tribunal established under that Part for resolution of the request as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part; or (c) commence an action described in subsection 55 (9) of the Act with respect to the request, if the Condominium Authority Tribunal has not been established. O. Reg. 180/17, s. 17 (1). (2) 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 request for records to the corporation, the requester does not, (a) apply, in accordance with Part I.2 of the Act, to the Condominium Authority Tribunal established under that Part for resolution of the request as a matter in dispute, if the Tribunal has been established under that Part and the application may be made under that Part; or (b) commence an action described in subsection 55 (9) of the Act with respect to the request, if the Condominium Authority Tribunal has not been established. O. Reg. 180/17, s. 17 (1).
Interpretation for s. 55 of the Act and exceptions
 13.11 (1) For the purpose of clause 55 (4) (c) of the Act, “records relating to specific units or owners” does not include records relating to persons in their capacity as directors or officers of a corporation. O. Reg. 180/17, s. 17 (1). (2) The following are prescribed records for the purpose of clause 55 (4) (d) of the Act: 1. A record of an owner’s or a mortgagee’s electronic communication address that section 46.1 of the Act requires the corporation to maintain. 2. A report or opinion from a lawyer or licensed paralegal to a corporation with respect to specific units in the corporation or owners, purchasers or mortgagees of a unit in the corporation. 3. Records that contain communications for the purpose of obtaining the report or opinion described in paragraph 2 or that are in respect of the report or opinion. 4. Any portion of a ballot or proxy form that identifies specific units in a corporation or owners in a corporation, unless a by-law of the corporation provides otherwise. O. Reg. 180/17, s. 17 (1); O. Reg. 191/23, s. 15 (1). (3) Revoked: O. Reg. 191/23, s. 15 (2). (4) A corporation may disclose a record described in paragraph 2 or 3 of subsection (2) but, subject to subsection (5), shall not disclose any portion of the record that identifies specific units or owners in the corporation. O. Reg. 180/17, s. 17 (1). (5) Subsection (4) does not prevent a corporation from disclosing, (a) any portion of a record that is a record relating to a specific unit to an owner, a purchaser or a mortgagee of the unit or an agent of one of them who makes a request for a record under subsection 55 (3) of the Act; (b) any portion of a record that is a record relating to a specific owner to the owner or an agent of the owner who makes a request for a record under subsection 55 (3) of the Act; or (c) any portion of a record that is a record relating to persons in their capacity as directors or officers of the corporation. O. Reg. 180/17, s. 17 (1). (6) The sum mentioned in subsection 55 (8) of the Act shall not exceed $5,000. O. Reg. 180/17, s. 17 (1). (7) Subsections 55 (8) to (11) of the Act do not apply to a request for records if the request is made before the day subsection 51 (9) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force. O. Reg. 180/17, s. 17 (1).
Deemed provision of by-law
 14.1 (1) A by-law is deemed to include the following provision: 1. Despite anything in the declaration or a by-law and subject to subsection 52 (4) of the Condominium Act, 1998, when a person casts a vote in a manner described in clause 52 (1) (b) of that Act, i. nothing shall require the person or the unit in respect of which the person casts the vote to be identified with the choice the person expressed by casting the vote; and ii. the person shall have the option of casting the vote in a manner that does not identify the person or the unit in respect of which the person casts the vote with the choice the person expressed by casting the vote. O. Reg. 180/17, s. 20. (2) In the case of a common elements condominium corporation, a reference to a unit in paragraph 1 of subsection (1) shall be deemed to be a reference to a common interest in the corporation and to the parcel of tied land, to which the common interest attaches under clause 139 (2) (a) of the Act. O. Reg. 180/17, s. 20. (3) No board, other than a board of the corporation described in subsection 11 (8) of the Act, may amend or repeal the deemed provision set out in subsection (1). O. Reg. 180/17, s. 20. 15. Revoked: O. Reg. 180/17, s. 21. Financial Statements