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Condominium Act, 1998

ONTARIO REGULATION 179/17

CONDOMINIUM AUTHORITY TRIBUNAL

Consolidation Period:  From October 1, 2020 to the e-Laws currency date.

Last amendment: 465/20.

Legislative History: 465/20.

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; 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.

(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).

(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) Clause (1) (d) does not apply to a dispute that is also with respect to section 117 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).

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).

 

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