O. Reg. 428/19: GENERAL
filed December 13, 2019 under Condominium Act, 1998, S.O. 1998, c. 19
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made under the
Condominium Act, 1998
Made: November 28, 2019
Filed: December 13, 2019
Published on e-Laws: December 13, 2019
Printed in The Ontario Gazette: December 28, 2019
Amending O. Reg. 48/01
(GENERAL)
1. Subsection 11.1 (7) of Ontario Regulation 48/01 is revoked and the following substituted:
(7) A periodic information certificate shall be in a form specified in the Table to section 16.1.
2. Subsection 11.2 (4) of the Regulation is revoked and the following substituted:
(4) An information certificate update shall be in a form specified in the Table to section 16.1.
3. Subsection 11.3 (6) of the Regulation is revoked and the following substituted:
(6) A new owner information certificate shall be in a form specified in the Table to section 16.1.
4. Clause 11.5 (2) (a) of the Regulation is revoked and the following substituted:
(a) be in a form specified in the Table to section 16.1;
5. Subsection 11.11 (2) of the Regulation is amended by striking out “shall be in English or French and shall be in the form that the Minister responsible for the administration of subsection 34 (5) of the Act specifies” in the portion before clause (a) and substituting “shall be in a form specified in the Table to section 16.1”.
6. (1) Subclause 12.2 (2) (j) (i) of the Regulation is amended by striking out “but not including the documents described in clauses 76 (1) (f), (g), (i) and (p) of the Act” and substituting “but not including any attachments to the certificate”.
(2) Subsection 12.2 (4) of the Regulation is revoked and the following substituted:
(4) The preliminary notice shall be in a form specified in the Table to section 16.1.
7. Subsection 12.3 (7) of the Regulation is revoked and the following substituted:
(7) The information and statements described in subsection 46.1 (2), clause 46.1 (3) (a) of the Act or subsection (1), (2) or (5) of this section may be in a form specified in the Table to section 16.1.
8. Subsection 12.5 (4) of the Regulation is revoked and the following substituted:
(4) The information and statements described in clause 46.1 (3) (c) of the Act or subsection (1), (2) or (3) of this section may be in a form specified in the Table to section 16.1.
9. Clause 12.7 (1) (b) of the Regulation is revoked and the following substituted:
(b) in a form specified in the Table to section 16.1.
10. (1) Subclause 12.8 (1) (a) (ii) of the Regulation is revoked and the following substituted:
(ii) the submission is in a form specified in the Table to section 16.1,
(2) Subsection 12.8 (2) of the Regulation is revoked and the following substituted:
(2) A notice of meeting of owners shall be in a form specified in the Table to section 16.1.
11. Section 13 of the Regulation is revoked and the following substituted:
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.
12. (1) Subsection 13.3 (3) of the Regulation is revoked and the following substituted:
(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.
(2) Subsection 13.3 (6) of the Regulation is amended by striking out “in English or French, using the form that the Minister responsible for the administration of subsection 55 (3) of the Act specifies” at the end and substituting “in a form specified in the Table to section 16.1”.
13. Subsection 13.9 (3) of the Regulation is revoked and the following substituted:
(3) The written statement described in subsection (1) shall be in a form specified in the Table to section 16.1.
14. The Regulation is amended by adding the following section to Part III:
Forms
Forms
16.1 (1) A form referred to in the Table to this section shall be,
(a) in English or French;
(b) and in a form that,
(i) has the title set out in the Table, and
(ii) is in the form specified by the condominium authority and approved by the Minister.
(2) The condominium authority shall publish the forms listed in the Table to this section,
(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.
Table
|
Item |
Column 1 |
Column 2 |
Column 3 |
|
1. |
Subsection 11.1 (7) |
Periodic Information Certificate |
Certificat de renseignements périodique |
|
2. |
Subsection 11.2 (4) |
Information Certificate Update |
Mise à jour du certificat de renseignements |
|
3. |
Subsection 11.3 (6) |
New Owner Information Certificate |
Certificat de renseignements à l’intention du nouveau propriétaire |
|
4. |
Clause 11.5 (2) (a) |
Notice of Online Posting of Information Certificate |
Avis de publication en ligne d’un certificat de renseignements |
|
5. |
Subsection 11.11 (2) |
Notice of Meeting of Owners under s. 34 (5) of the Condominium Act |
Avis de convocation des propriétaires en vertu du paragraphe 34 (5) de la Loi de 1998 sur les condominiums |
|
6. |
Subsection 12.2 (4) |
Preliminary Notice of Meeting of Owners |
Préavis d’une assemblée des propriétaires |
|
7. |
Subsection 12.3 (7) |
Notice Relating to Record of Owners |
Avis relatif au registre des propriétaires |
|
8. |
Subsection 12.5 (4) |
Notice Relating to Record of Mortgagees |
Avis relatif au registre des créanciers |
|
9. |
Clause 12.7 (1) (b) |
Agreement to Receive Notices Electronically |
Entente relative à la réception d’avis par voie électronique |
|
10. |
Subclause 12.8 (1) (a) (ii) |
Submission to Include Material in the Notice of Meeting of Owners |
Demande d’inclure du matériel dans l’avis de convocation des propriétaires |
|
11. |
Subsection 12.8 (2) |
Notice of Meeting of Owners |
Convocation des propriétaires |
|
12. |
Section 13 |
Proxy Form |
Procuration |
|
13. |
Subsection 13.3 (3) |
Request for Records |
Demande de dossiers |
|
14. |
Subsection 13.3 (6) |
Board’s Response to Request for Records |
Réponse du conseil à la demande de dossiers |
|
15. |
Subsection 13.9 (3) |
Waiver by Requestor of Records |
Renonciation du demandeur de dossiers |
15. (1) Section 18 of the Regulation is revoked and the following substituted:
Status certificate
18. (1) For the purpose of paragraph 4 of subsection 177 (1) of the Act, a status certificate shall contain,
(a) a statement of the mailing address of the corporation;
(b) a statement of the name, address and telephone number 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;
(c) a statement whether any certificate of lien has been registered against the unit under section 85 of the Act;
(d) a statement that the budget of the corporation for the current fiscal year is accurate and, if applicable, the amount of the surplus or deficit that may result from it;
(e) a statement of the assessments, if any, that the board has levied against the unit since the date of the budget of the corporation for the current fiscal year to increase the contribution to the operating fund of the corporation;
(f) a statement of what knowledge, if any, the corporation has of any circumstances that may result in an increase in the common expenses payable for the unit;
(g) if the corporation has not sent a notice described in clause 94 (9) (a) of the Act about a plan for future funding of the reserve fund to the owners of units in the corporation, a statement of,
(i) the balance of the reserve fund at the beginning of the current fiscal year in accordance with the budget of the corporation for the current fiscal year,
(ii) the annual contribution payable to the reserve fund by the owner of the unit,
(iii) the amount of the expenditures that the board anticipates making from the reserve fund in the current fiscal year, and
(iv) whether the board anticipates that the reserve fund will be adequate in the current fiscal year for the expected costs of major repair and replacement of the common elements and assets of the corporation;
(h) if the corporation has sent a notice described in clause 94 (9) (a) of the Act about a plan for future funding of the reserve fund to the owners of units in the corporation,
(i) a copy of the notice,
(ii) a statement of whether the board has implemented the plan,
(iii) if the board has not implemented the plan, a statement of the reasons why not, and
(iv) if the board has implemented the plan, a table setting out the total contributions to the reserve fund payable in each year and a statement, if applicable, whether the total contributions are not payable in each year in accordance with the table;
(i) a statement whether the corporation has any outstanding claims for payment out of the guarantee fund under the Ontario New Home Warranties Plan Act and if so, details about the claims and their status;
(j) a statement whether the corporation has secured all policies of insurance that are required under the Act;
(k) a copy of all agreements, if any, that are described in clause 98 (1) (b) of the Act and subsection 24.6 (3) of this Regulation and that bind the unit;
(l) a statement of any proposed installation of an electric vehicle charging system to be carried out in accordance with subsection 24.3 (5) of this Regulation;
(m) a statement whether the parties have complied with all current agreements described in subsection 24.6 (3) of this Regulation that the corporation and the owner of the unit, to which the certificate relates, have entered into;
(n) if applicable, a copy of an order appointing an inspector under section 130 of the Act or an administrator under section 131 of the Act;
(o) if the corporation is a vacant land condominium corporation, a statement whether all buildings, structures, facilities and services shown in Schedule H to the declaration have been completed, installed and provided and if not, details of which ones have not been completed, installed and provided;
(p) if the corporation is a leasehold condominium corporation, a statement of the name, address and telephone number of the lessor;
(q) if applicable, a copy of an application by a lessor for a termination order under section 173 of the Act;
(r) if the leasehold interests in the units of the corporation have been renewed subject to provisions that are different from those that applied before the renewal and if the corporation has not registered an amendment to the declaration as required by subsection 174 (8) of the Act, a copy of those provisions;
(s) a copy of the schedule that the declarant has delivered to the board in accordance with clause 43 (5) (h) of the Act, if the board of the corporation has not made a by-law described in clause 56 (1) (h) of the Act with respect to what constitutes a standard unit.
(2) A status certificate shall be in a form that is entitled “Status Certificate” in English or “Certificat d’information” in French, as the case may be, and shall be in the form that the condominium authority specifies and that the Minister has approved.
(3) The condominium authority shall publish the status certificate form,
(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.
(4) The fee that a corporation may charge for providing a status certificate, including all material that is required to be included in it, shall not exceed $100, inclusive of all applicable taxes.
(2) Clause 18 (1) (i) of the Regulation, as made by subsection (1), is amended by striking out “Ontario New Homes Warranties Plan Act” and substituting “Protection for Owners and Purchasers of New Homes Act, 2017”.
(3) Clause 18 (1) (s) of the Regulation, as made by subsection (1), is revoked.
Commencement
16. (1) Subject to subsections (2) to (4), this Regulation comes into force on the day it is filed.
(2) Sections 1 to 14 and subsection 15 (1) come into force on the later of January 1, 2020 and the day this Regulation is filed.
(3) Subsection 15 (2) comes into force on the later of the day subsection 49 (1) of Schedule 2 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force and the day this Regulation is filed.
(4) Subsection 15 (3) comes into force on the later of the day subsection 36 (7) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Regulation is filed.