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O. Reg. 114/18: GENERAL

filed March 23, 2018 under Condominium Act, 1998, S.O. 1998, c. 19

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ontario regulation 114/18

made under the

Condominium Act, 1998

Made: March 7, 2018
Filed: March 23, 2018
Published on e-Laws: March 26, 2018
Printed in The Ontario Gazette: April 7, 2018

Amending O. Reg. 48/01

(GENERAL)

1. Subsection 1.1 (4) of Ontario Regulation 48/01 is amended by striking out “subsection 6.1 (1)” and substituting “subsections 6.1 (1) and 24.1 (1)”.

2. Subsection 12.2 (2) of the Regulation is amended by adding the following clause:

(i.1) if the meeting is a meeting that has been requisitioned in accordance with section 46 of the Act for the purpose of considering the installation of an electric vehicle charging system to be carried out in accordance with subsection 24.3 (5) of this Regulation,

(i) a statement that describes the proposed installation, and

(ii) a statement of the estimated cost of the proposed installation indicating the manner in which the corporation proposes to pay the cost, where cost has the same meaning as in subsection 24.3 (2);

3. (1) Subsection (2) applies only if subsection (3) comes into force before the day section 88 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force.

(2) The English version of clause 12.8 (1) (g) of the Regulation is amended by striking out “and” at the end.

(3) Subsection 12.8 (1) of the Regulation is amended by striking out “and” at the end of clause (g) and by adding the following clause:

(g.1) if the meeting is a meeting that has been requisitioned in accordance with section 46 of the Act for the purpose of considering the installation of an electric vehicle charging system to be carried out in accordance with subsection 24.3 (5) of this Regulation,

(i) a statement that describes the proposed installation, and

(ii) a statement of the estimated cost of the proposed installation indicating the manner in which the corporation proposes to pay the cost, where cost has the same meaning as in subsection 24.3 (2); and

4. Subsection 13.1 (1) of the Regulation is amended by adding the following paragraph:

13.1 Records that relate to the installation of an electric vehicle charging system carried out in accordance with section 24.3 or with sections 24.4 to 24.6 and that the corporation creates or receives.

5. Subsection 14 (0.1) of the Regulation is amended by striking out “and” at the end of clause (q) and by adding the following clauses:

(s) to govern information described in sub-subparagraph 4 ii C of subsection 24.3 (4) to be included in a notice described in paragraph 4 of that subsection, in addition to the information required by that paragraph; and

(t) to govern information described in subparagraph 2 vi of subsection 24.3 (5) to be included in a notice described in paragraph 2 of that subsection, in addition to the information required by that paragraph.

6. (1) Section 17 of the Regulation is amended by adding the following subsection:

(4) For the purpose of clause 74 (2) (b) of the Act, a substantial addition, alteration or improvement within the meaning of subsection 97 (6) of the Act includes the installation of an electric vehicle charging system that is an addition, alteration or improvement to the common elements and that is carried out in accordance with subsection 24.3 (5) of this Regulation.

(2) Subsection 17 (4) of the Regulation, as made by subsection (1), is revoked and the following substituted:

(4) For the purpose of clause 74 (2) (b) of the Act, a substantial modification within the meaning of subsection 97 (9) of the Act includes the installation of an electric vehicle charging system that is an addition, alteration or improvement to the common elements and that is carried out in accordance with subsection 24.3 (5) of this Regulation.

7. (1) Section 18 of the Regulation is amended by adding the following subsection:

(0.1) For the purpose of clause 76 (1) (s) of the Act, a status certificate shall contain,

(a) 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; and

(b) 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.

(2) Subsection 18 (1) of the Regulation is amended by striking out “September 1, 2011” and substituting “March 23, 2018”.

8. The Regulation is amended by adding the following sections:

Provisions deemed to be included in the declaration

24.1 (1) Sections 24.2 to 24.7 are deemed to be included in the declaration of the corporation.

(2) No board, including a board described in subsection 11 (8) of the Act, may approve a proposed amendment or repeal of anything that subsection (1) of this section deems to be included in the declaration of the corporation.

Definitions

24.2 In this section and sections 24.3 to 24.7,

“electric vehicle” means an electric vehicle as defined in Section 86 of the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) made under the Electricity Act, 1998; (“véhicule électrique”)

“electric vehicle charging system” means electric vehicle supply equipment as defined in Section 86 of the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) and any other related equipment necessary to supply power to an electric vehicle. (“système de recharge des véhicules électriques”)

Exemption for installation of electric vehicle charging system made by corporation

24.3 (1) In this section,

“installation”, in relation to an electric vehicle charging system, means any of the following that is necessary to set up the system:

1. Any addition, alteration or improvement to the common elements.

2. Any change in the assets of the corporation or change in a service that the corporation provides to the owners.

(2) For the purposes of subsections (4) and (5), the cost of the installation of an electric vehicle charging system does not include any costs related to the use, operation, repair after damage, maintenance and insurance of the system.

(3) A corporation is exempt from section 97 of the Act in relation to an electric vehicle charging system if all or any part of the system is situated on the property or an asset of the corporation and if the installation of the system is made by the corporation and is carried out in accordance with subsection (4) or (5).

(4) The requirements under this subsection for an exemption described in subsection (3) relating to the installation of an electric vehicle charging system are the following:

1. The board has conducted an assessment of the cost to the corporation of the proposed installation.

2. The estimated cost, if any, to the corporation of the proposed installation, based on the total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, is not greater than 10 per cent of the annual budgeted common expenses for the current fiscal year.

3. In the reasonable opinion of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation.

4. The corporation has sent a notice to the owners that,

i. describes the proposed installation, and

ii. contains,

A. a statement that, in the reasonable opinion of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation,

B. a statement of the estimated cost to the corporation of carrying out the proposed installation, indicating the manner in which the corporation proposes to pay the cost, and

C. all other information relating to the proposed installation that a by-law of the corporation requires be included in the notice.

5. At least 60 days have passed since the corporation has complied with paragraph 4.

(5) The requirements under this subsection for an exemption described in subsection (3) relating to the installation of an electric vehicle charging system are the following:

1. The board has conducted an assessment of the cost to the corporation of the proposed installation.

2. The corporation has sent a notice to the owners that,

i. describes the proposed installation,

ii. contains a statement of the estimated cost to the corporation of carrying out the proposed installation, indicating the manner in which the corporation proposes to pay the cost,

iii. contains a statement that, in the reasonable opinion of the board, the owners would regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, if the requirement described in paragraph 3 of subsection (4) is not met,

iv. specifies that the owners have the right, in accordance with section 46 of the Act and within 60 days of receiving the notice, to requisition a meeting of owners,

v. contains a copy of the text of section 46 of the Act and section 24.2 and this section of this Regulation, and

vi. contains all other information relating to the proposed installation that a by-law of the corporation requires be included in the notice.

3. The owners,

i. have not requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2,

ii. have requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2 but a quorum is not present at the first attempt to hold the meeting, or

iii. have requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2, a quorum is present at the first attempt to hold the meeting and the owners have not voted against the proposed installation at the meeting.

(6) All costs to a corporation related to an electric vehicle charging system that has been installed under this section are a common expense for the purposes of the definition of “common expenses” in subsection 1 (1) of the Act.

(7) If the corporation has an obligation to repair the units or common elements after damage or to maintain them and the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate in accordance with current construction standards, the work shall be deemed not to be an installation that is an addition, alteration or improvement to the common elements or a change in the assets of the corporation.

Exemption for installation of electric vehicle charging system made by owner

24.4 (1) In this section and sections 24.5 and 24.6 and subsection 24.7 (4),

“installation”, in relation to an electric vehicle charging system, means any addition, alteration or improvement to the common elements that is necessary to set up the system.

(2) An owner in a corporation and the corporation are exempt from section 98 of the Act in relation to an electric vehicle charging system if all or any part of the system is situated on the property and if the installation of the system is made by the owner and is carried out in accordance with sections 24.5 and 24.6.

Application for installation

24.5 (1) For the purposes of subsection 24.4 (2), the owner must deliver an application for the installation of an electric vehicle charging system to the corporation.

(2) The application shall,

(a) be in writing;

(b) identify the owner and the owner’s address for service for the purposes of the application;

(c) be signed by the owner; and

(d) include drawings, specifications or information with respect to the proposed installation, including its location, that on reasonable grounds are relevant to any report or opinion described in subsection (8) that the corporation could obtain.

(3) The application and any other communication between the owner and the corporation in respect of the application is sufficiently delivered to the corporation if it is,

(a) sent by prepaid mail to,

(i) the address for service of,

(A) the corporation,

(B) the condominium management provider or the condominium manager, if any, with whom the corporation has an agreement to receive condominium management services, or

(C) any other person responsible for the management of the property, or

(ii) an address that the board has, by resolution, decided is an address for receiving delivery of the application;

(b) sent by courier delivery to an address described in clause (a) that is capable of receiving courier delivery;

(c) deposited in the mail box for an address described in clause (a);

(d) sent by facsimile transmission, electronic mail or any other method of electronic communication if the board has, by resolution, decided that it is a method for receiving delivery of the application; or

(e) sent in any manner that the corporation and the owner agree to in writing.

(4) As soon as reasonably possible, the corporation shall provide any information, permission or authorization that the owner requests in writing and that, on a reasonable basis, is required for the owner to fulfill the requirement described in clause (2) (d).

(5) Subject to subsection (7), when the corporation receives an application that complies with subsection (2), the board shall, within 60 days or the other time period that the corporation and the owner agree to in writing, respond to the owner in writing stating whether it rejects or does not reject the application in accordance with subsections (8) to (14).

(6) Subject to subsection (7), when the corporation receives an application that, according to the board, does not comply with subsection (2), the board shall, as soon as reasonably possible or within the other time period that the corporation and the owner agree to in writing, respond to the owner in writing stating why, according to the board, the application does not comply with subsection (2).

(7) The board is not required to respond to the owner under subsection (5) or (6) if the owner withdraws the application in writing before the time required for the board’s response.

(8) The board may reject the application only if a report or opinion of a person whose profession lends credibility to the report or opinion, obtained by the corporation, complies with subsection (9) and clearly states that the proposed installation,

(a) will be contrary to any general or special Act or regulations or by-laws made under that Act, including the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) made under the Electricity Act, 1998 but not including anything in the declaration of the corporation or a by-law or rule of the corporation;

(b) will adversely affect the structural integrity of the property or assets, if any, of the corporation; or

(c) will pose a serious risk,

(i) to the health and safety of an individual, or

(ii) of damage to the property or the assets, if any, of the corporation.

(9) The report or opinion shall set out the reasons on which the statement required by subsection (8) is based.

(10) If the board rejects the application under subsection (8), the board’s response to the owner shall state that the board rejects the application under that subsection and, subject to subsection (11), include a copy of the report or opinion described in subsection (8) that forms the basis of the board’s rejection.

(11) The board’s response shall not include any part of the report or opinion that subsection 55 (4) of the Act would prevent the corporation from permitting the owner to examine if the owner made a request to examine it under subsection 55 (3) of the Act.

(12) If the board does not reject the application under subsection (8), the board may require that the proposed installation be carried out in an alternative manner or location if the alternative manner or location would not cause the owner to incur unreasonable additional costs and if the alternative manner or location is necessary so that,

(a) the owners, on an objective basis, would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation; or

(b) the proposed installation will not be contrary to anything in the declaration of the corporation or a by-law or rule of the corporation or any agreement mentioned in section 113 of the Act or other agreement to which the corporation is a party, but not including,

(i) anything in a declaration that has the effect of prohibiting the installation of electric vehicle charging systems generally on the property, or

(ii) anything in a by-law, rule or agreement that has the effect of prohibiting or unreasonably restricting the installation  of electric vehicle charging systems generally on the property.

(13) If the board requires that the proposed installation be carried out in an alternative manner or location under subsection (12), the board’s response to the owner shall,

(a) state that fact;

(b) state why, according to the board,

(i) the owners, on an objective basis, would regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, or

(ii) the proposed installation will contravene anything in the declaration of the corporation or a by-law or rule of the corporation or any agreement mentioned in section 113 of the Act or other agreement to which the corporation is a party, but not including,

(A) anything in a declaration that has the effect of prohibiting the installation of electric vehicle charging systems generally on the property, or

(B) anything in a by-law, rule or agreement that has the effect of prohibiting or unreasonably restricting the installation of electric vehicle charging systems generally on the property; and

(c) include drawings, specifications and information that clearly set out how the proposed installation is to be carried out in the alternative manner or location required by the board.

(14) If the board does not reject the application under subsection (8) and does not require that the proposed installation be carried out in an alternative manner or location under subsection (12), the board’s response to the owner shall state that fact.

(15) The board’s response under subsection (5) or (6) and any other communication between the corporation and the owner in respect of the application is sufficiently delivered to the owner if it is delivered to the owner’s address for service given in the application or in any manner that the corporation and the owner agree to in writing.

(16) If the board does not respond to the owner as required by subsection (5), the board is deemed to have not rejected the application and to have not required that the proposed installation be carried out in an alternative manner or location under subsection (12).

(17) Each of the owner and the corporation shall bear the costs for all steps that the party takes under this section unless the owner and corporation agree otherwise in the agreement described in subsection 24.6 (3).

Agreement for installation

24.6 (1) Subject to subsection (2), if the board responds as described in subsection 24.5 (13) or (14) or is deemed to have responded as described in subsection 24.5 (16), the corporation and the owner shall take all reasonable steps to enter into the agreement described in subsection (3) within 90 days or the other time period that the corporation and the owner agree to in writing.

(2) The corporation and the owner are not required to comply with subsection (1) if the owner has withdrawn the application in writing before the time required for the parties to enter into the agreement described in subsection (3).

(3) The agreement shall be in writing and its terms and conditions shall be reasonable and necessary to facilitate the installation, use and operation of the electric vehicle charging system and shall include terms and conditions that,

(a) relate to the manner of the installation;

(b) subject to subsection (4), allocate the cost of the installation of the system between the corporation and the owner;

(c) set out the respective duties and responsibilities of the corporation and the owner with respect to the system, including the responsibilities for the cost of the use, operation, repair after damage, maintenance and insurance of the system and the cost of preparing the agreement and registering it under subsection (5);

(d) specify who will have the ownership of the system or any part of it; and

(e) relate to the cessation of the use and operation of the system or the termination of the agreement.

(4) The owner shall be responsible for the following costs to carry out the installation, unless the owner and corporation agree otherwise in the agreement:

1. All costs to carry out the installation, if the owner or a person retained by the owner carries out the installation.

2. All reasonable costs necessary to carry out the installation, if the corporation or a person retained by the corporation carries out the installation.

(5) The corporation shall, as soon as reasonably possible or within the other time period that the corporation and the owner agree to in writing, register the agreement against the title to the owner’s unit and the agreement does not take effect until the corporation has registered it.

(6) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit and may specify a time for payment by the owner.

(7) An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns.

Mediation and arbitration

24.7 (1) The corporation and the owners agree to submit a disagreement between the parties with respect to section 24.3 to 24.6 or subsection (4) of this section to mediation and arbitration.

(2) Every agreement described in subsection 24.6 (3) is deemed to contain a provision to submit a disagreement between the parties with respect to the agreement to mediation and arbitration.

(3) If an owner or a corporation submits a disagreement described in subsection (1) or (2) to mediation or arbitration, section 132 of the Act applies to it.

(4) An application by an owner for the installation of an electric vehicle charging system under section 24.5 shall be deemed to be abandoned and it shall then have no force and effect if the owner or the corporation does not submit a disagreement described in subsection (1) in respect of the application to one or both of mediation and arbitration for resolution within six months of,

(a) the board delivering to the owner the response described in subsection 24.5 (10) rejecting the owner’s application; or

(b) the expiration of the time period described in subsection 24.6 (1), if the owner and the corporation have not entered into the agreement described in subsection 24.6 (3) before the expiration of that time period.

9. Subsection 34 (2) of the Regulation is revoked and the following substituted:

(2) The agreement mentioned in clause (1) (e) shall deal with matters including,

(a) expenditures from the reserve fund;

(b) borrowing of funds;

(c) making, amending or repealing by-laws;

(d) entering into new contracts;

(e) initiation of any legal proceedings;

(f) any substantial addition, alteration, or improvement to the common elements, any substantial change in the assets of the corporation or any substantial change in a service that the corporation provides to the owners; and

(g) any installation of an electric vehicle charging system carried out in accordance with subsection 24.3 (5).

Commencement

10. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of May 1, 2018 and the day it is filed.

(2) Subsection 3 (2) comes into force on the day section 88 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force.

(3) Subsection 6 (2) comes into force on the day subsection 65 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force.

 

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