PART XIV, Sections 176 to 188
GENERAL
This Act applies despite any agreement to the contrary.
(1) The Lieutenant Governor in Council may make regulations,
2. specifying prohibitions, restrictions and other requirements that apply to the registration of a declaration and description in respect of any type of corporation;
3 specifying requirements for the construction of the buildings described in a description for the purpose of a certificate mentioned in clause 8 (1) (e) or 157 (1) (c);
4. specifying material to be included in a declaration, a description, a report of a performance audit mentioned in subsection 44 (8), a table of contents, a disclosure statement, a budget statement, a status certificate, an agreement described in clause 98 (1) (b) or a notice of meeting mentioned in subsection 120 (3);
5. specifying deficiencies for the purpose of a performance audit under section 44 and governing the obligations of the person who conducts the audit;
6. requiring corporations to keep books, accounts and records and governing the books, accounts and records that corporations are required to keep;
7. governing the determination of occupancy standards under section 57;
8. specifying the form and content of financial statements and audit reports;
9. prescribing rates of interest payable under this Act, including rates of interest that shall be paid on money required to be held in trust under this Act;
10. governing funds intended for the payment of common expenses;
11. classifying reserve fund studies for the purposes of section 94;
12. governing the contents of any or all classes of reserve fund studies, the standards that shall be observed in conducting them and the times at which they shall be conducted;
13. prescribing the persons who may conduct any or all classes of reserve fund studies and specifying the qualifications of the persons and the affiliations for the purposes of subsection 94 (6) that disentitle the persons from conducting the reserve fund studies;
14. governing the cost mentioned in clause 97 (2) (c);
15. specifying restrictions on the right of corporations to amalgamate under section 120 and requirements for corporations to fulfill in order to amalgamate;
16. specifying restrictions on the right of a declarant to register a declaration and description to create a common elements condominium corporation, a vacant land condominium corporation or a leasehold condominium corporation and specifying requirements for the declarant to fulfill in order to make the registrations, including requirements for the purpose of section 157;
17. respecting the manner in which a common interest attaches to an owner's parcel of land for the purpose of subsection 139 (3);
18. specifying restrictions on the right of a declarant to register an amendment to a declaration and description required for creating a phase in a phased condominium corporation and specifying requirements for the declarant to fulfill in order to make the registrations;
19. governing the manner in which sections 89, 90, 91 and 92 apply to a vacant land condominium corporation;
20. prescribing the amounts of fees that are payable or chargeable under this Act;
21. prescribing forms, other than forms mentioned in this Act as forms prescribed by the Minister, and providing for their use;
22. prescribing any matter mentioned in this Act as prescribed, other than forms mentioned in this Act as forms prescribed by the Minister;
23. respecting any matter that this Act mentions may be or shall be dealt with in the regulations;
24. exempting any class of corporations, properties or persons from any provision of this Act or the regulations;
25. respecting any matter necessary or advisable to carry out the intent and purpose of this Act.
(2) The Minister may make regulations,
2. governing the method of describing land or any interest in land in instruments affecting a property or part of a property;
3. governing surveys, plans, specifications, certificates, descriptions and diagrams, and prescribing procedures for their registration and amendment;
4. prescribing the duties of officers appointed under the Land Titles Act or the Registry Act for the purpose of this Act;
5. requiring the payment of fees to officers appointed under the Land Titles Act or the Registry Act and prescribing the amounts of the fees;
6. respecting the names of corporations and requiring that the name of a corporation indicate whether the corporation is a freehold, leasehold, common elements, phased or vacant land condominium corporation;
7. governing the circumstances and the manner in which the Corporations Information Act is to apply to corporations, including the time at which that Act is to apply;
8. requiring that a description in respect of any class of properties contain a survey of the properties showing the units and common elements, in lieu of or in addition to the requirements of section 8;
9. prescribing the material required to be contained in the certificate as to the status of an amalgamating corporation for the purpose of clause 120 (3) (c);
10. prescribing forms described in this Act as forms prescribed by the Minister and providing for their use.
(3) A provision of a regulation may be made to apply to,
(b) all properties or any class of properties; or
(c) all persons or any class of persons.
(1) Corporations created under the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, are continued as corporations under this Act.
Lien
(2) A corporation's lien that was created under the Condominium Act for the default of an owner in the obligation to contribute to the common expenses is continued as a lien under subsection 85 (1) of this Act.
(1) If the corporation was created under the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, section 43 does not apply and section 26 of that Act, as it existed immediately before the coming into force of section 184, continues to apply.
Offences under former Act
(2) Section 55 of the Condominium Act, as it existed immediately before the coming into force of section 184, continues to apply with respect to contraventions of subsection 26 (3) of that Act.
(1) If, on or before the day sections 44, 72 to 75 and 78 to 82 come into force, the declarant with respect to a corporation has entered into one or more agreements of purchase and sale for a unit or proposed unit in the corporation,
(b) subject to subsection (2), sections 51 to 54 of the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, except for subsection 52 (5) of that Act, as those sections existed immediately before the coming into force of section 184, continue to apply.
(2) For the purposes of subsection 52 (2) of the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, a change to the information required to be contained in a disclosure statement that arises only as a result of the coming into force of this Act does not constitute a material amendment to the disclosure statement.
Offences under former Act
(3) Section 55 of the Condominium Act, as it existed immediately before the coming into force of section 184, continues to apply with respect to contraventions of subsection 52 (5), (6), or 53 (1) of that Act.
(1) If, at the time section 99 comes into force, the corporation has entered into an insurance policy under section 27 of the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, that has not expired, section 99 does not apply and section 27 of that Act, as it existed immediately before the coming into force of section 184, continues to apply.
Act applies to renewals
(2) Despite subsection (1), section 99 applies if the corporation renews an insurance policy described in that subsection after section 99 comes into force.
If the corporation has entered into an agreement described in sections 111 and 112 before those sections come into force, those sections do not apply and section 39 of the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, as that section existed immediately before the coming into force of section 184, continues to apply.
Despite section 184, the Lieutenant Governor in Council may by regulation revoke regulations made under section 59 of the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, as that section read immediately before section 184 comes into force, if the Minister makes a regulation under subsection 177 (2) that is inconsistent with those regulations.
The Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1994, chapter 23, section 62 and 1997, chapter 5, section 63, is repealed.
(1) Section 14 of the Ontario New Home Warranties Plan Act is repealed and the following substituted:
(b) the person has a cause of action against the vendor resulting from the fact that title to the home has not been transferred to the person because,
(ii) the vendor has fundamentally breached the contract.
(2) Subject to the regulations, an owner of land who has entered into a contract with a builder for the construction of a home on the land and who has a cause of action against the builder for damages resulting from the builder's failure to substantially perform the contract, is entitled to receive payment out of the guarantee fund of the amount by which the amount paid by the owner to the builder under the contract exceeds the value of the work and materials supplied to the owner under the contract.
Same, breach of warranty
(3) Subject to the regulations, an owner of a home is entitled to receive payment out of the guarantee fund for the cost of the remedial work required to correct a breach of warranty if,
(b) the person has a cause of action against the vendor or the builder, as the case may be, for damages resulting from the breach of warranty.
(4) Subject to the regulations, an owner who suffers damage because of a major structural defect mentioned in clause 13 (1) (b) is entitled to receive payment out of the guarantee fund for the cost of the remedial work required to correct the major structural defect if the owner makes a claim within four years after the warranty expires or such longer time under such conditions as are prescribed.
Interpretation, substantial performance
(5) For the purposes of this section, a contract is substantially performed if it is substantially performed within the meaning given by subsection 2 (1) of the Construction Lien Act.
Other recovery
(6) In assessing the amount for which a person is entitled to receive payment out of the guarantee fund under this section, the Corporation shall take into consideration any benefit, compensation, indemnity payable, or the value of work and materials furnished to the person from any source.
Performance
(7) The Corporation may perform or arrange for the performance of any work in lieu of or in mitigation of damages claimed under this section.
(b) subject to clauses (c) and (d), if dwelling units are included in the property of a condominium corporation, the warranties on the common elements of the corporation take effect on the date of the registration of the declaration and description;
(c) no warranties shall take effect on the common elements of a common elements condominium corporation or a vacant land condominium corporation;
(d) the warranties on common elements of a phased condominium corporation, that are added to the corporation after the registration of the declaration and description take effect on the date of the registration of the amendments to the declaration and description that created them; and
(e) the amalgamation of two or more condominium corporations does not affect or extend the warranties on the common elements of the amalgamating corporations.
(3) A proceeding under clause (1) (a) shall not be commenced after the first anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Registrar.
(4) A proceeding under clause (1) (b) shall not be commenced after the second anniversary of the day on which the facts that gave rise to the offence were discovered.
Subsection 21 (1) of the Tenant Protection Act, 1997 is amended by adding the following paragraph:
This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
The short title of this Act is the Condominium Act, 1998.