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O. Reg. 427/19: DESCRIPTION AND REGISTRATION

filed December 13, 2019 under Condominium Act, 1998, S.O. 1998, c. 19

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ontario regulation 427/19

made under the

Condominium Act, 1998

Made: December 12, 2019
Filed: December 13, 2019
Published on e-Laws: December 13, 2019
Printed in The Ontario Gazette: December 28, 2019

Amending O. Reg. 49/01

(DESCRIPTION AND REGISTRATION)

1. (1) Subsection 42 (1) of Ontario Regulation 49/01 is revoked and the following substituted:

(1) A certificate mentioned in clause 120 (3) (c) of the Act as to the status for each amalgamating corporation shall contain,

(a) a statement of the mailing address of the corporation;

(b) a statement of the address for service of the corporation;

(c) 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;

(d) a statement of the names and address for service of the directors and officers of the corporation;

(e) a statement of the default, if any, in payment of the common expenses by any of the owners of units in the corporation;

(f) a statement whether any certificate of lien has been registered against any of the units under section 85 of the Act;

(g) a statement of the amounts, if any, that the Act requires be added to the contribution to the common expenses payable by the owners of units in the corporation;

(h) 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;

(i) a statement of the increase, if any, in the common expenses that the board has declared since the date of the budget of the corporation for the current fiscal year and the reason for the increase;

(j) a statement of the assessments, if any, that the board has levied since the date of the budget of the corporation for the current fiscal year to increase the contribution to the reserve fund and the reason for the assessments;

(k) a statement of what knowledge, if any, the corporation has of any circumstances that may result in an increase in the common expenses;

(l) a statement with respect to,

(i) the most recent reserve fund study and updates to it,

(ii) the amount in the reserve fund no earlier than at the end of a month immediately before the date of the certificate, and

(iii) current plans, if any, to increase the reserve fund under subsection 94 (8) of the Act;

(m) 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,

(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;

(n) 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;

(o) a statement whether there are any convictions against, or rulings, orders or judgments in favour of or against the corporation;

(p) a statement of the status of all legal actions to which the corporation is a party;

(q) a statement whether the corporation is aware of any criminal or quasi-criminal liabilities to which it may be subject;

(r) 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;

(s) a statement whether the Superior Court of Justice has made an order appointing an inspector under section 130 of the Act or an administrator under section 131 of the Act;

(t) a statement whether the parties have complied with all current agreements mentioned in clause 98 (1) (b) of the Act and with all current agreements described in subsection 24.6 (3) of Ontario Regulation 48/01 (General) made under the Act;

(u) a statement of the number of units for which the corporation has received notice under section 83 of the Act that the unit was leased during the fiscal year preceding the date of the certificate;

(v) a statement of those additions, alterations or improvements to the common elements, those changes in the assets of the corporation and those changes in a service of the corporation that are substantial and that the board has proposed but has not implemented, together with a statement of the purpose of them;

(w) a statement of any proposed installation of an electric vehicle charging system to be carried out in accordance with subsection 24.3 (5) of Ontario Regulation 48/01 (General) made under the Act;

(x) a statement whether the corporation has secured all policies of insurance that are required under the Act;

(y) a copy of the budget of the corporation for the current fiscal year, the last annual audited financial statements and the auditor’s report on the statements;

(z) a list of all current agreements mentioned in section 111, 112 or 113 of the Act and all current agreements between the corporation and another corporation or between the corporation and any owner of a unit in the corporation;

(z.1) a list of the assets and warranties of the corporation, a description of the services that the corporation provides to the owners and a description of the facilities included in the common elements;

(z.2) 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;

(z.3) a copy of all applications made under section 109 of the Act to amend the declaration for which the court has not made an order.

(2) Section 42 of the Regulation is amended by adding the following subsections:

(3) The certificate shall be in a form entitled “Status Certificate in Amalgamation” in English or “Certificat d’information en cas de fusion” in French and be in the form specified by the condominium authority and approved by the Minister.

(4) The condominium authority shall publish the 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.

Commencement

2. This Regulation comes into force on the later of January 1, 2020 and the day this Regulation is filed.

Made by:
Pris par :

La ministre des Services gouvernementaux et des Services aux consommateurs,

Lisa Thompson

Minister of Government and Consumer Services

Date made: December 12, 2019
Pris le : 12 décembre 2019

 

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