Regulatory proposal under the Condominium Act, 1998
Regulation - LGIC
Bill or Act:
Condominium Act, 1998
Summary of Decision:
Starting May 1, 2018, regulations under the Condo Act take effect that support the installation of electric vehicle charging systems (EVCS) in condominiums (condos) by:
1. Exempting condo corporations that meet certain conditions from certain requirements in the Condo Act that would otherwise apply to condo corporations seeking to install an EVCS on condo property or the assets, if any, of a condo corporation.
2. Exempting condo owners who meet certain conditions, and condo corporations, from certain approval requirements in the Condo Act that would otherwise apply to a condo owners' request to install an EVCS on condo property.
The condo law changes support one of the Government's commitments under the Province's Climate Change Action Plan (CCAP), and establishes requirements to make it easier for condo owners or condo corporations to install EVCSs in condominiums.
The Status Certificate and Status Certificate in Amalgamation forms under the Condo Act have also been updated to address these changes. The new versions of these forms are dated March 23, 2018 and are also effective as of May 1, 2018. They are now available on the ministry's web page for Condo Act forms.
December 1, 2017
Summary of Proposal:
In 2016, the Ontario government introduced the Climate Change Action Plan (CCAP). CCAP establishes a province-wide electric and hydrogen passenger vehicle sales target of five per cent in 2020. In order to accommodate the growing use and charging needs of electric vehicles (EVs), CCAP proposes to increase access to the infrastructure required to charge EVs. CCAP commits the government to establish requirements as soon as possible to make it easier for condo owners or condo corporations to install EV charging stations in existing condominiums.
To meet this commitment, the Ministry of Government and Consumer Services is proposing changes to a regulation (O.Reg 48/01) under the Condominium Act, 1998 (Condo Act). The proposed changes could support:
- condo owners who have EVs by giving them the ability to exchange their parking spots lacking access to an EV charging station for those spots providing access to an EV charging station;
- condo owners requesting approval from their condominium boards to install EV charging stations;
- condominium boards in managing these requests and in balancing the interests of the condominium corporation and individual owners; and,
- installation of EV charging infrastructure through the use of a condominium corporation's reserve fund.
This proposal would do the following:
1. Lower the level of owners' consent required for amending condominium declarations to facilitate the exchange of EV parking spaces.
2. Provide unit owners and condo boards with an exemption to notice requirements under sections 97 and 98 of the Condo Act for the purposes of installing EV charging equipment and related infrastructure.
3. Require condo boards to approve the installation of an EV charging station by an owner if certain conditions are met.
4. Permit the use of a condominium corporation's reserve fund to support EV charging equipment installation.
5. Require the installation of two EV charging stations where unit owners' written requests are received by a condominium corporation and meet a certain quantitative threshold.
The ministry is considering potentially implementing one or more of the proposed changes described in the Plain Language Guide.
A more detailed description of the proposal is included in the link under "Further Information".
The ministry is proposing to have these changes come into force in spring 2018.
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposal.
56 Wellesley St. W, 6th Floor, Toronto ON, M7A 1C1
May 1, 2018