ontario regulation 236/26

made under the

Condominium Act, 1998

Made: July 16, 2026
Filed: July 20, 2026
Published on e-Laws: July 21, 2026
Published in The Ontario Gazette: August 8, 2026

Amending O. Reg. 48/01

(GENERAL)

1. (1) Subsection 1.1 (3) of Ontario Regulation 48/01 is amended by adding the following paragraph:

2.1  Paragraphs 3, 4 and 5 of subsection 12.2.1 (1).

(2) Section 1.1 of the Regulation is amended by adding the following subsection:

(5) For the purposes of clauses (a) and (b) of the definition of “non-leased voting unit” in subsection 1 (1) of the Act, a unit is not subject to a lease if the record that the corporation is required to maintain under subsection 83 (3) of the Act does not show that the unit is leased or the corporation has not received any notice described in section 83 of the Act respecting the unit.

2. (1) Clause 11.1 (1) (b) of the Regulation is amended by striking out “subclause 13.3 (4) (a) (ii) or clause 13.3 (4) (d)” and substituting “subclause 12.2.2 (a) (ii) or clause 12.2.2 (d), or subclause 13.3 (4) (a) (ii) or clause 13.3 (4) (d)”.

(2) Subsection 11.1 (1) of the Regulation is amended by adding the following clause:

(d.1)  a statement identifying any director who occupies a position on the board for which voting is reserved as described in subsection 51 (6) of the Act;

3. Subclause 11.2 (2) (a) (v) of the Regulation is amended by striking out “subclause 13.3 (4) (a) (ii) or clause 13.3 (4) (d)” and substituting “subclause 12.2.2 (a) (ii) or clause 12.2.2 (d) or subclause 13.3 (4) (a) (ii) or clause 13.3 (4) (d)”.

4. (1) Subsections 11.6 (5) to (7) of the Regulation are revoked and the following substituted:

(5) If the person provides notice to the board as described in clause 45.1 (1) (a) or subclause 45.1 (1) (a.1) (iv) of the Act or subclause 11.2 (2) (c) (ii) of this Regulation, the person shall provide the statements and information required by subsection (1) to the board in writing at the time of providing the notice.

(6) If the person does not provide notice to the board as described in clause 45.1 (1) (a) or subclause 45.1 (1) (a.1) (iv) of the Act or subclause 11.2 (2) (c) (ii) of this Regulation but is a candidate in the election of one or more directors at a meeting of owners, the person shall provide the statements and information required by subsection (1) to the corporation at the meeting.

(2) Subsection 11.6 (8) of the Regulation is amended by striking out “subsection (7)” in the portion before clause (a) and substituting “subsection (6)”.

(3) Subsection 11.6 (10) of the Regulation is amended by striking out “The person shall provide” at the beginning of the portion before clause (a) and substituting “The person described in subsection (9) shall provide”.

5. Section 11.9 of the Regulation is revoked.

6. (1) Subsection 11.10 (8) of the Regulation is revoked.

(2) Subsection 11.10 (9) of the Regulation is amended by striking out “on or after the day section 27 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force” in the portion before clause (a).

(3) Subsection 11.10 (10) of the Regulation is revoked.

(4) Subsection 11.10 (11) of the Regulation is amended by striking out “on or after the day section 27 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force” in the portion before clause (a).

7. Clause 12.1 (1) (c) of the Regulation is revoked and the following substituted:

(c)  if the meeting is to elect one or more directors, the statements and information that a person provides in writing under subsection 11.6 (5) or (6) or orally under subsection 11.6 (6).

8. (1) Subsection 12.2 (1) of the Regulation is amended by striking out “clause 45.1 (1) (a) or (b) of the Act or clause (2) (h) of this section” in the portion before clause (a) and substituting “clause 45.1 (1) (a), subclause 45.1 (1) (a.1) (iv) or clause 45.1 (1) (b) of the Act, or clause (2) (h) of this section”.

(2) Clause 12.2 (2) (f) of the Regulation is amended by adding “of this Regulation” after “clause 13.3 (4) (d)”.

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

(f.1)  if any of the circumstances set out in clause 45.1 (1) (a.1) of the Act, including, for clarity, any of the circumstances set out in subsection (6) of this section, apply,

(i)  a copy of the text of subsection 1.1 (5) of this Regulation,

(ii)  if the nature of the business to be presented at the meeting includes the removal of a director elected under subsection 51 (6) of the Act before the expiration of the director’s term of office, a copy of the text of subsection 51 (8) of the Act,

(iii)  a description of the requirements set out in subsection 51 (5) of the Act and subsections (7) and (8) of this section, and

(iv)  a statement that an individual may notify the board under subclause 45.1 (1) (a.1) (iv) of the Act by the method, if any, set out in a resolution of the board described in clause 13.3 (4) (d) of this Regulation or by another method that is specified in the notice in accordance with subsection (3) of this section;

(4) Subsection 12.2 (3) of the Regulation is amended by striking out “clause (2) (f)” in the portion before paragraph 1 and substituting “clause (2) (f), subclause (2) (f.1) (iv) and clause (7) (c)”.

(5) Subsection 12.2 (6) of the Regulation is revoked and the following substituted:

(6) The following circumstances are specified for the purposes of clause 45.1 (1) (a.1) of the Act:

1.  A vacancy in a position on the board described in subsection 51 (6) of the Act will arise as a result of a resignation of a director that will take effect by the time of the meeting.

2.  Any of the business to be presented at the meeting was the subject of a requisition made under subsection 46 (2) of the Act.

(7) For the purposes of subclause 45.1 (1) (a.1) (iii) of the Act, the statement from each owner of a non-leased voting unit referred to in that subclause must,

(a)  be in writing and signed by the owner;

(b)  set out the owner’s name and the owner’s non-leased voting unit address; and

(c)  be delivered to the board by a method, if any, set out in a resolution of the board described in clause 13.3 (4) (d) of this Regulation or by another method that is specified in the notice in accordance with subsection (3) of this section.

(8) For the purposes of clause 51 (5) (b) of the Act, the request from an owner of a non-leased voting unit referred to in that clause must be in writing and delivered with the statement referred to in subclause 45.1 (1) (a.1) (iii) of the Act.

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

Form of requisition

12.2.1 (1) The prescribed information for the purpose of a requisition under subsection 46 (5) of the Act is as follows:

1.  The name of the corporation.

2.  The method authorized under subsection 46 (6) of the Act that is being used to deliver the requisition.

3.  The number of units in the corporation.

4.  The number of units that constitute 15 per cent of the units in the corporation.

5.  The identification of each unit or, in the case of a common elements condominium corporation, the common interest in the corporation that is owned by each requisitionist.

6.  A statement of the purpose of the meeting and a summary of this statement.

7.  If the requisitionists so request, a statement that the business to be presented at the meeting be added to the agenda of items for the next annual general meeting that is scheduled to be held, as determined by the board in accordance with the Act.

8.  If the nature of the business to be presented at the meeting includes the removal of one or more directors, for each director who is proposed to be removed, the following information:

i.  The name of the director.

ii.  The reasons for the proposed removal.

iii.  An indication of whether the director occupies a position on the board for which voting is reserved as described in subsection 51 (6) of the Act.

9.  If the nature of the business to be presented at the meeting includes the removal or election of a director in a position on the board described in subsection 51 (6) of the Act, the identification of each non-leased voting unit within the meaning of subsection 46 (2) of the Act owned by each requisitionist.

10.  If the requisition is being made to revise a previous requisition, an indication of that fact and the date of the board’s response described in clause 46 (7) (b) of the Act to the previous requisition.

11.  The name of each owner making the requisition.

12.  The signature of each owner making the requisition and the date of each signature.

13.  The name and the address for service or electronic communication address of at least one but not more than two of the requisitionists to whom the board is required to deliver its response under subsection 46 (9) of the Act.

14.  The name of one of the owners described in paragraph 13 who is authorized, on behalf of all of the requisitionists, to withdraw the requisition for the purposes of subsections 46 (8) and (12) of the Act.

15.  If the requisition is made under subsection 46 (2) of the Act and the nature of the business to be presented at the meeting includes the election of a director to a position described in subsection 51 (6) of the Act and not the removal of such a director, an acknowledgement that the requisition can be withdrawn by none of the requisitionists delivering a request described in clause 51 (5) (b) of the Act to the board in respect of the meeting business within the 15 days after the board gave a preliminary notice to which clause 45.1 (1) (a.1) of the Act applies.

(2) The requisition for a meeting of owners shall be in a form specified in the Table to section 16.1.

Delivery of requisition

12.2.2 In addition to the methods set out in subsection 46 (6) of the Act, the requisition for a meeting of owners is sufficiently delivered if it is,

(a)  sent by prepaid mail to,

(i)  the address for service of,

(A)  the corporation, or

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

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

(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); or

(d)  sent by facsimile transmission, electronic mail or any other method of electronic communication if the board has, by resolution, decided that is an acceptable method for receiving delivery of the requisition.

Board response to requisition

12.2.3 For the purpose of subsection 46 (7) of the Act, the prescribed time period is 20 days.

Withdrawal of requisition

12.2.4 (1) For the purposes of subsection 46 (8) of the Act, the withdrawal of a requisition must be given by written notice to the board from the owner described in paragraph 14 of subsection 12.2.1 (1) within 15 days after the delivery of the requisition and the withdrawal must contain,

(a)  the name of the owner submitting the notice, and the owner’s signature;

(b)  a copy of the requisition, or other information that permits the board to determine which requisition is being withdrawn;

(c)  a statement that the requisitionists are withdrawing the requisition; and

(d)  the date on which the notice is signed by the owner described in paragraph 14 of subsection 12.2.1 (1).

(2) The following rules apply with respect to the withdrawal of a requisition for the purposes of subsection 46 (12) of the Act:

1.  In any circumstance not described in paragraph 2, a requisition may be withdrawn by the owner described in paragraph 14 of subsection 12.2.1 (1) giving written notice to the board, which contains the information set out in clauses (1) (a) to (d).

2.  If the requisition was made under subsection 46 (2) of the Act and the business to be presented at the meeting includes the election of a director to a position described in subsection 51 (6) of the Act and not the removal of such a director, the requisition may be withdrawn by,

i.  none of the requisitionists delivering a request described in clause 51 (5) (b) of the Act to the board in respect of the meeting business within 15 days after the board gave a preliminary notice to which clause 45.1 (1) (a.1) of the Act applies, or

ii.  the owner described in paragraph 14 of subsection 12.2.1 (1) giving written notice to the board, which contains the information set out in clauses (1) (a) to (d).

(3) A notice described in subsections (1) and (2) is sufficiently delivered by any method described in subsection 46 (6) of the Act or section 12.2.2 of this Regulation.

Delivery of response to requisition

12.2.5 (1) Subject to subsection (2), for the purpose of subsection 46 (9) of the Act, the board shall deliver its response to the requisitionists at every address for service or electronic communication address set out in the requisition, as required by paragraph 13 of subsection 12.2.1 (1) of this Regulation.

(2) If the requisition does not include any address described in subsection (1), the board shall deliver its response in accordance with section 54 of the Act,

(a)  to each owner whose name appears in the requisition as required by paragraph 13 of subsection 12.2.1 (1); or

(b)  if the requisition does not include any name described in clause (a), to any owner whose name appears in the requisition as required by paragraph 11 of subsection 12.2.1 (1).

Calling meeting

12.2.6 For the purpose of clause 46 (11) (a) of the Act, the prescribed manner for determining the next annual general meeting is as determined by the result of any applicable settlement agreement or judgement, award or order made by a court, tribunal or arbitrator that binds the corporation.

Revised requisition

12.2.7 For the purposes of subsection 46 (13) of the Act, a requisition may be revised by completing another requisition form under section 12.2.1 of this Regulation.

10. Subsection 12.6.1 (1) of the Regulation is amended by adding the following paragraph:

3.  With respect to a unit of an owner whose name and unit identification appears in the record required by section 46.1 of the Act or is required by that section to appear in that record, whether the unit is,

i.  leased, according to the record that the corporation is required to maintain under subsection 83 (3) of the Act, and

ii.  used for residential purposes.

11. (1) Subsection 12.8 (1) of the Regulation is amended by adding the following clause:

(e.1)  if the nature of the business to be presented at the meeting includes the removal of a director elected under subsection 51 (6) of the Act before the expiration of the director’s term of office, a copy of the text of subsection 51 (8) of the Act;

(2) Subsection 12.8 (4) of the Regulation is revoked.

12. Subsection 12.9 (3) of the Regulation is revoked.

13. Clause 14 (0.1) (m) of the Regulation is amended by striking out “clause 45.1 (1) (a) of the Act” and substituting “clause 45.1 (1) (a) or subclause 45.1 (1) (a.1) (iii) or (iv) of the Act”.

14. The Table to section 16.1 of the Regulation is amended by adding the following item:

 

6.1

Subsection 12.2.1 (2)

Requisition to Call and Hold a Meeting of Owners

Demande de convocation et de tenue d’une assemblée des propriétaires

 

15. Section 44 of the Regulation is revoked and the following substituted:

Provisions for non-leased voting units

44. Subsection 28 (3), clauses 31 (2) (b) and  45.1 (1) (a.1) and subsections 46 (2) and 51 (5) to (8) of the Act, and any related provisions of this Regulation, do not apply to a common interest in a common elements condominium corporation.

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

Transition, meetings

79. Subsection 28 (3), clauses 45.1 (1) (a) and (a.1) and subsections 51 (5) to (8) of the Act, as they read on the day this section comes into force, apply to a meeting only if the preliminary notice of the meeting is sent to the owners on or after the day this section comes into force, and the provisions of the Act, as they read immediately before that day, continue to apply with respect to a meeting for which a preliminary notice was sent before that day.

Transition, requisition for meeting

80. Section 46 of the Act, as it reads on the day this section comes into force, does not apply with respect to a requisition that is received by the board before that day and instead section 46 of the Act, as it read immediately before that day, continues to apply to such a requisition.

Transition, reserved position

81. If, immediately before the day this section comes into force, a director occupied a position on a board described in subsection 51 (6) of the Act, as it read immediately before that day, or there was a vacancy in such a position, the position or vacancy continues to be a position or vacancy under subsection 51 (6), as it reads on that day.

Commencement

17. This Regulation comes into force on the later of the day subsection 1 (11) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force and the day this Regulation is filed.