Condominium Act, 1998

ONTARIO REGULATION 179/17

CONDOMINIUM AUTHORITY TRIBUNAL

Consolidation Period: From July 20, 2026 to the e-Laws currency date.

Last amendment: 237/26.

Legislative History: 465/20, 655/21, 237/26.

This is the English version of a bilingual regulation.

Scope of disputes

1. (1) The prescribed disputes for the purposes of subsections 1.36 (1) and (2) of the Act are,

(a)  a dispute with respect to subsection 55 (1), (2), (2.1), (3), (4), (5), (6) or (8) of the Act;

(b)  a dispute with respect to subsection 55 (2.2) of the Act if the dispute is with respect to subsection 13.12 (3) or (4) of Ontario Regulation 48/01 (General) made under the Act, but not any other dispute;

(c)  a dispute with respect to sections 13.1 to 13.11 of Ontario Regulation 48/01 (General) made under the Act;

(c.1)  subject to subsection (3), a dispute with respect to subsection 117 (2) of the Act or section 26 of Ontario Regulation 48/01 (General) and

(d)  subject to subsection (3), a dispute with respect to any of the following provisions of the declaration, by-laws or rules of a corporation:

(i)  Provisions that prohibit, restrict or otherwise govern pets or other animals in a unit, the common elements or the assets, if any, of the corporation.

(ii)  Provisions that prohibit, restrict or otherwise govern an automobile, motorcycle, van, truck, trailer, bus, mobile home, farm tractor, bicycle, motor-assisted bicycle, motorized snow vehicle, motorboat, rowboat, canoe, kayak, punt, sailboat, raft, aircraft, device used to facilitate the transport of a person with a disability, or any other vehicle drawn, propelled or driven by any kind of power, including muscular power, in a unit, the common elements or the assets, if any, of the corporation.

(iii)  Provisions that prohibit, restrict or otherwise govern the parking or storage of items in a unit, an asset, if any, of the corporation, or any part of a unit, an asset or the common elements, that is intended for parking or storage purposes.

(iii.1)  Provisions that prohibit, restrict or otherwise govern the activities described in subsection 117 (2) of the Act or section 26 of Ontario Regulation 48/01 (General).

(iii.2)  Provisions that prohibit, restrict or otherwise govern any other nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.

(iv)  Provisions that govern the indemnification or compensation of the corporation, an owner or a mortgagee regarding a dispute described in this clause. O. Reg. 179/17, s. 1 (1); O. Reg. 465/20, s. 1 (1); O. Reg. 655/21, s. 1 (1, 2).

Note: On July 1, 2027, subsection 1 (1) of the Regulation is amended by striking out “and” at the end of clause (c.1), by adding “and” at the end of clause (d) and by adding the following clause: (See: O. Reg. 237/26, s. 1 (1))

(e)  a dispute with respect to any provision of the Act or the regulations, or any provision of the declaration, by-laws or rules of a corporation, that specifies requirements for or otherwise governs any part of the process for requisitioning or calling a meeting of owners, including provisions that concern,

(i)  notifying owners of their right to requisition a meeting of owners under section 46 of the Act,

(ii)  sending a preliminary notice for a meeting under section 45.1 of the Act,

(iii)  the form, content or delivery of material that an owner must or is permitted to provide to the board in connection with calling a meeting,

(iv)  when a meeting must be held, or

(v)  the reimbursement of an owner’s reasonable costs incurred as a result of the owner calling a meeting.

Note: On July 1, 2027, section 1 of the Regulation is amended by adding the following subsection: (See: O. Reg. 237/26, s. 1 (2))

(1.1) For clarity, a dispute described in clause (1) (e) does not include,

(a)  a dispute respecting anything that occurs or fails to occur at the meeting of owners or respecting the conduct of the meeting;

(b)  a dispute respecting the process of voting in advance of a meeting of owners, including the form, content or delivery of ballots or proxy instruments; or

(c)  a dispute described in clause (1) (e) that also includes a dispute about anything described in clause (a) or (b) of this subsection. O. Reg. 237/26, s. 1 (2).

(2) A purchaser may apply to the Tribunal under section 1.36 of the Act with respect to a dispute described in clause (1) (a) or (c) of this section if the application is for the resolution of a dispute with the corporation regarding compliance with subsection 55 (3) of the Act, but not any other dispute. O. Reg. 179/17, s. 1 (2).

(3) Clauses (1) (c.1) and (d) do not apply to a dispute that is also with respect to subsection 117 (1) of the Act, an agreement described in clause 98 (1) (b) of the Act or an agreement described in subsection 24.6 (3) of Ontario Regulation 48/01 (General) made under the Act. O. Reg. 465/20, s. 1 (2); O. Reg. 655/21, s. 1 (3).

Note: On July 1, 2027, the Regulation is amended by adding the following section: (See: O. Reg. 237/26, s. 2)

Damages, prescribed amount

1.1 (1) The prescribed amount, for the purposes of paragraph 3 of subsection 1.44 (1) of the Act, is $50,000.

(2) Subsection (1) applies with respect to proceedings before the Tribunal that commenced before, on or after the day this section comes into force. O. Reg. 237/26, s. 2.

Publication of orders

2. For the purposes of section 1.48 of the Act, the Tribunal shall ensure that a copy of any order it makes is made available to the public without charge on the Internet in a searchable database.

3. Omitted (provides for coming into force of provisions of this Regulation).