17.1 (1) In this section and sections 17.2 to 17.5, “capital replacement plan”, in relation to a residential condominium conversion project, means a plan that, (a) contains, (i) details of any of the pre-existing elements of the project that can reasonably be expected to require prescribed repair during the initial period determined in accordance with subsection (2), (ii) a schedule outlining the expenditures that can reasonably be expected for any prescribed repair of the pre-existing elements mentioned in subclause (i) during the initial period determined in accordance with subsection (2), and (iii) any other prescribed information, and (b) is prepared by a prescribed person in accordance with the prescribed criteria; (“plan de remplacement d’immobilisations”) “commencement date”, (a) in relation to a residential condominium conversion project that does not include a phase, means the date on which construction of the project is commenced as set out in subsection (3), or (b) in relation to a phase of a residential condominium conversion project that constitutes a phase, means the date on which construction of the phase is commenced as set out in subsection (4); (“date de début”) “phase” has the same meaning as in subsection 145 (3) of the
Condominium Act, 1998; (“étape”) “pre-existing elements” means the physical portions or components of a property or proposed property, (a) that are or will be incorporated into, (i) a residential condominium conversion project by the commencement date of the project, or (ii) a phase of a residential condominium conversion project by the commencement date of the phase, (b) that existed before the applicable commencement date mentioned in clause (a), and (c) whose primary use before the applicable commencement date mentioned in clause (a) was, (i) a use other than residential, or (ii) a prescribed use; (“éléments préexistants”) “pre-existing elements fund” means a fund that applies to the pre-existing elements of a residential condominium conversion project; (“fonds des éléments préexistants”) “pre-existing elements fund study” means a fund study that, (a) applies to the pre-existing elements of a residential condominium conversion project, (b) contains the prescribed information, and (c) is prepared by a prescribed person in accordance with the prescribed criteria; (“étude du fonds des éléments préexistants”) “property” has the same meaning as in the Condominium Act, 1998; (“propriété”) “property assessment report” means a report that, (a) provides details of the condition of a property or proposed property that is a residential condominium conversion project, (b) is prepared by a prescribed person in accordance with the prescribed criteria, and (c) contains the prescribed information; (“rapport d’évaluation de propriété”) “proposed property”, “proposed unit” and “purchaser of a unit” have the same meaning as in the Condominium Act, 1998; (“propriété projetée”, “partie privative projetée”, “acquéreur d’une partie privative”) “residential condominium conversion project” means a project that, (a) consists of a property or proposed property, (b) includes or is proposed to include units capable of being used as self-contained dwellings for year-round residential occupancy, and (c) contains pre-existing elements; (“projet de conversion en condominiums à usage d’habitation”) “unit” has the same meaning as in the Condominium Act, 1998. (“partie privative”). 2015, c. 28, Sched. 1, s. 154 (7). Initial period (2) The initial period mentioned in the definition of “capital replacement plan” in subsection (1) is the period that begins on the date determined in the prescribed manner with respect to a residential condominium conversion project and ends on the prescribed anniversary of that date or, if no anniversary is prescribed, on its third anniversary. 2015, c. 28, Sched. 1, s. 154 (7). When construction is commenced (3) For the purposes of this section and sections 17.2 to 17.5, construction of a residential condominium conversion project that does not include a phase is commenced, (a) if any portions or components of the foundation of the project include pre-existing elements, on the date when any work on the project, other than prescribed work, is commenced; or (b) if no portions or components of the foundation of the project include any pre-existing elements, on the earlier of, (i) the date when excavation on the project, other than prescribed work, is commenced, or (ii) the date when other preparatory or related work for the installation of portions or components of the foundation of the project, other than prescribed work, is commenced. 2015, c. 28, Sched. 1, s. 154 (7). Same, phase (4) For the purposes of this section and sections 17.2 to 17.5, construction of a phase of a residential condominium conversion project is commenced, (a) if any portions or components of the foundation of the phase include pre-existing elements, on the date when any work on the phase, other than prescribed work, is commenced; or (b) if no portions or components of the foundation of the phase include any pre-existing elements, on the earlier of, (i) the date when excavation on the phase, other than prescribed work, is commenced, or (ii) the date when other preparatory or related work for the installation of portions or components of the foundation of the phase, other than prescribed work, is commenced. 2015, c. 28, Sched. 1, s. 154 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018