Regulation - LGIC

Proposals under the Condominium Act, 1998

Regulation Number(s):
O. Reg 48/01, and O. Reg 179/17.
Bill or Act:
Condominium Act, 1998
Summary of Proposal:
The Condominium Authority of Ontario (CAO) is responsible for administering condominium education, condominium director training, and a database regarding condominium corporations. The CAO is also responsible for overseeing the Condominium Authority Tribunal (CAT), which provides online dispute resolution services for certain disputes, primarily between condominium owners and condominium corporations. Currently, the CAT can only deal with certain disputes related to the retention of and access to condominium corporation records. The Ministry of Government and Consumer Services proposes the expansion of the scope of disputes that can be heard by the CAT, in a staged process, beginning with this proposal.

The Ministry of Government and Consumer Services is proposing that a new section 117 of the Condominium Act, 1998 (Condo Act) be proclaimed into force as well as amendments to two regulations under the Condo Act (O. Reg. 48/01, and O. Reg. 179/17).

The proposal, if approved, would establish certain nuisances, annoyances, and disruptions that are to be prohibited on condominium properties and any assets of a condominium corporation including:

• Noise
• Odour
• Smoke
• Vapour
• Light
• Vibration
• Infestation

In addition, the proposal, if approved, would broaden the scope of disputes that can be heard by the CAT. This would include disputes related to:

• The above-noted nuisances, annoyances, and disruptions.
• Condominium corporation declarations, bylaws or rules provisions that prohibit, restrict or otherwise govern other nuisances, annoyances, or disruptions.
• Such declarations, bylaws or rules provisions that prohibit, restrict or otherwise govern pets or other animals, vehicles, parking and storage.
• Such declarations, bylaws or rules provisions that govern indemnification or compensation of a condominium corporation, owner or mortgagee regarding the above disputes.

The ministry is proposing to have these regulatory proposals and related Condo Act amendments come into force on July 1, 2020.

Your feedback will help inform how the proposal may impact condominium unit owners, condominium corporations, the CAO, the CAT, and the condominium sector in general.

The ministry welcomes feedback and encourages anyone interested to provide comments on its proposal. You may submit your comments to the Regulatory Registry.

Analysis of Regulatory Impact:
All costs for adapting the CAT online dispute resolution system to support the CAT handling additional types of disputes would be funded by fees collected by the CAO from condominium corporations (the current fees have been calculated based on the equivalent of $1 per voting unit per month). There are no new administrative costs or compliance costs associated with these proposed regulations.
Further Information:
Proposal Number:
19-MGCS012
Posting Date:
December 12, 2019
Comments Due Date:
January 31, 2020
Contact Address:
Ministry of Government and Consumer Services, 56 Wellesley St. W, 6th Floor, Toronto ON, M7A 1C1