CONDOMINIUM PROPERTY AMENDMENT ACT, 2014 CONDOMINIUM PROPERTY AMENDMENT ACT, 2014
Chapter 10
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Amends RSA 2000 cC‑22
1 The Condominium Property Act is amended by this Act.
2 Section 1 is amended
(a) in subsection (1) (i) by repealing clause (a);
(ii) in clause (c) by adding “and, except in sections 17(2), 17.1, 28 and 29, includes an interim board” after “section 28”;
(iii) by adding the following after clause (g):
(g.1) “contribution” means an amount levied under section 39;
(g.2) “conversion” means a condominium plan in which is illustrated an existing building that, at any time before the registration of the condominium plan, was occupied in whole or in part by any person, including a tenant, other than
(i) a purchaser of a unit to be created by the registration of the condominium plan, or
(ii) a person occupying the building or any part of it for the sole purpose of marketing the units to be created by the registration of the condominium plan;
(g.3) “conversion unit” means a unit in a conversion;
(iv) by adding the following after clause (j):
(j.1) “Director” means an individual designated by the Minister as the Director for the purposes of this Act and the regulations;
(v) by repealing clause (k);
(vi) by adding the following before clause (l):
(k.1) “general meeting” means an annual general meeting referred to in section 30 and a special general meeting referred to in section 30.1;
` (k.2) “interim board” means the interim board of directors appointed under section 10.1;
(vii) by adding the following after clause (m):
(m.1) “managed property” means any unit or part of a unit that a corporation is required by bylaw to maintain, repair or replace, other than the real and personal property of the corporation and the common property;
(viii) by repealing clause (n)(i) and (ii) and substituting the following:
(i) the real and personal property of the corporation,
(ii) the common property, and
(iii) managed property;
(ix) by repealing clause (r) and substituting the following:
(r) “ordinary resolution” means a resolution
(i) passed at a properly convened general meeting of a corporation in accordance with section 26.2 or 26.3, or
(ii) passed by a vote in writing in accordance with section 26.5;
(x) by adding the following after clause (t):
(t.1) “prescribed” means prescribed or otherwise provided for in the regulations;
(t.2) “professional engineer” means a professional engineer as defined in the Engineering and Geoscience Professions Act;
(t.3) “professional technologist” means a professional technologist as defined in section 86.4(m) of the Engineering and Geoscience Professions Act;
(xi) by adding the following after clause (u):
(u.1) “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing;
(xii) by adding the following after clause (v):
(v.1) “registered architect” means a registered architect as defined in the Architects Act;
(xiii) by repealing clause (x) and substituting the following:
(x) “special resolution” means a resolution
(i) passed at a properly convened general meeting of a corporation in accordance with section 26.4, or
(ii) passed by a vote in writing in accordance with section 26.5;
(xiv) by adding the following after clause (x):
(x.1) “Tribunal” means the Tribunal established in accordance with the regulations under section 69.9;
(b) by adding the following after subsection (2):
(2.1) Where the Tribunal has jurisdiction to hear a dispute in respect of a matter under this Act that would otherwise be heard by the Court, a reference to the Court in a provision of this Act as the provision relates to the dispute shall be read as a reference to the Tribunal.
3 Section 8(1) is amended by adding the following after clause (l):
(l.1) delineate, illustrate and label parking spaces for visitors and persons with disabilities, if any,
(i) on common property where the condominium plan is not a plan of redivision, or
(ii) on a unit where the condominium plan is a plan of redivision,
4 Section 10(1)(b) is repealed and the following is substituted:
(b) where there is a building shown on the plan that is to contain units,
(i) a certificate of a professional engineer, professional technologist, registered architect or land surveyor stating, with respect to that building,
(A) that the units shown in the plan are the same as those existing, and
(B) whether there are any post tensioned cables located anywhere on or within that building or the property on which that building is located,
and
(ii) a certificate of the municipal authority or of a person designated by the municipal authority stating that
(A) the proposed division of the building, as illustrated in the plan, has been approved by the municipal authority,
(B) the number of parking spaces for visitors and persons with disabilities illustrated in the plan, if any, meets the requirements of the municipal authority, and
(C) the parking spaces for visitors and persons with disabilities illustrated in the plan, if any, are located on common property or a unit labelled parking for visitors or persons with disabilities in accordance with section 8(1)(l.1).
5 The heading preceding section 11 is repealed and the following is substituted:
Duties of a Developer
Appointment of interim board
10.1(1) A developer shall, no later than 30 days after registration of a condominium plan, appoint an interim board of directors and file at the land titles office a notice in the prescribed form stating the names and addresses of the members of the interim board.
(2) A developer shall, following a change in
(a) the membership of the interim board,
(b) the name of a member of the interim board, or
(c) the address of a member of the interim board,
promptly file at the land titles office a notice in the prescribed form stating the change.
(3) The interim board holds office until a board is elected pursuant to section 29.
(4) Every member of the interim board, in exercising the powers and performing the duties of the office of member of the interim board, shall
(a) act honestly and in good faith with a view to the best interests of the corporation, and
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
(5) A resolution adopted by the interim board must be recorded and is valid even if no meeting is held on the resolution.
(6) The interim board of directors shall make reasonable efforts to pursue any remedies or claims under warranties or insurance policies respecting the real and personal property of the corporation, the common property and managed property.
(7) Where a member of the interim board has a material interest in any agreement, arrangement or transaction to which the corporation is or is to become a party, that person
(a) shall declare to the interim board that person’s interest in the agreement, arrangement or transaction,
(b) shall not vote in respect of any matter respecting that agreement, arrangement or transaction, and
(c) shall not be counted when determining whether a quorum exists when a vote or other action is taken in respect of the agreement, arrangement or transaction.
(8) Subsection (7) does not apply to an agreement, arrangement or transaction in which the member of the interim board has a material interest if that material interest exists only by virtue of that member of the interim board owning a unit.
(9) All acts done in good faith by an interim board are, notwithstanding that it is afterwards discovered that there was some defect in the appointment or continuance in office of any member of the interim board, as valid as if the member had been properly appointed or had properly continued in office.
Developer’s obligation to apply for certificates, approvals and permits
10.2 Where a developer is under an obligation to apply for a certificate, approval or permit required by law that relates to the real property of a corporation, the common property or managed property, that obligation does not expire by virtue of
(a) the registration of the condominium plan,
(b) the election of a board pursuant to section 29, or
(c) the developer no longer being an owner.
Payment of contributions
10.3 Notwithstanding anything to the contrary in a bylaw, where units are located in a building in which one or more units have been transferred to a purchaser, the developer must pay contributions in respect of each unit in the building it owns on the same basis as owners of other units are required to pay contributions.
6 Sections 12 and 13 are repealed and the following is substituted:
Sale of units by developers
12(1) A developer shall not sell or agree to sell a unit or a proposed unit unless the developer has delivered to the purchaser a copy of
(a) the purchase agreement;
(b) the condominium plan or proposed condominium plan;
(c) the bylaws or proposed bylaws;
(d) any management agreement or proposed management agreement;
(e) any recreational agreement or proposed recreational agreement;
(f) the lease of the parcel if the parcel on which the unit is located, or the proposed unit will be located, is held under a lease and the certificate of title to the unit or proposed unit has been or will be issued under section 5(1)(b);
(g) in respect of a mortgage that affects, or a proposed mortgage that will affect, the title to the unit or proposed unit after the certificate of title is issued in the name of the purchaser,
(i) a copy of the mortgage or proposed mortgage, or
(ii) where the purchaser is to assume the mortgage or proposed mortgage, a statement containing the information referred to in subsection (2);
(h) any mortgage or financial encumbrance registered against real property owned or to be owned by the corporation;
(i) any home warranty insurance contract under the New Home Buyer Protection Act under which the corporation is or will be named as the insured;
(j) if the unit is a conversion unit,
(i) a summary, in the prescribed form, of the deficiencies identified in the building assessment report prepared under section 21.1 or under the New Home Buyer Protection Act, as the case may be, and
(ii) the reserve fund report required by the regulations;
(k) a statement prepared in accordance with the regulations setting out a fixed date or range of dates by which the purchaser may commence occupancy of the unit;
(l) the most recent budget or proposed budget of the corporation prepared in accordance with the regulations;
(m) any other information or documents prescribed by the regulations.
(2) The statement to be provided under subsection (1)(g)(ii) must contain the following information:
(a) the maximum principal amount available under the mortgage;
(b) the maximum monthly payment that may be paid under the mortgage;
(c) the amortization period;
(d) the term;
(e) the interest rate or the formula, if any, for determining the interest rate;
(f) the prepayment privileges, if any.
(3) A purchaser of a unit may, within 10 days of receiving a summary of the deficiencies identified in the building assessment report referred to in subsection (1)(j)(i), request in writing a copy of the building assessment report prepared under section 21.1 or under the New Home Buyer Protection Act, as the case may be, and the developer shall provide a copy of the report to the purchaser within 10 days of receiving the request.
Developer to provide occupancy permit
12.1 Where a municipal authority issues or gives an occupancy permit or written permission in respect of a unit pursuant to the regulations under the Safety Codes Act, the developer shall provide to a purchaser prior to or at the time that the purchaser takes possession of the unit a copy of the occupancy permit or written permission.
Requirements of purchase agreement
12.2 A developer who enters into a purchase agreement shall include in the purchase agreement the following:
(a) a notification in the prescribed form stating as follows:
“The purchaser may, without incurring any liability for doing so, rescind this agreement within 10 days of the later of the date the purchaser receives all of the information and documents required to be delivered to the purchaser under section 12 of the Condominium Property Act and the date the purchaser signs the purchase agreement. This agreement is governed by the Condominium Property Act and if there is a conflict between this agreement and the Act, the Act prevails.”;
(b) where the units and the common property are not substantially completed at the time that the purchase agreement is entered into, a description, drawing or photograph showing
(i) where there is a building, the interior finishing of and all major improvements to the common property located within a building, and real and personal property intended to be acquired by the corporation,
(ii) all major improvements to the common property, other than those to which subclause (i) applies,
(iii) any significant utility installations, major easement areas, retaining walls and other similar significant features,
(iv) the recreational facilities, equipment and other amenities to be available for use by the persons residing in or on the residential units,
(v) the equipment to be used for the maintenance of the real and personal property of the corporation, the common property and managed property,
(vi) the location of roadways, walkways, fences, parking areas and recreational facilities,
(vii) the landscaping, and
(viii) where there is a building, the exterior finishing of the building as it will exist when the developer has fulfilled the developer’s obligations under the purchase agreement;
(c) the amount or estimated amount of the monthly unit contributions based on the budget or proposed budget referred to in section 12(1)(l);
(d) the unit factor of the unit and the basis of unit factor apportionment for all units included in the condominium plan or proposed condominium plan.
Rescission of purchase agreement
13(1) A purchaser may rescind a purchase agreement by providing written notice to the developer within 10 days of the later of
(a) the date the purchaser receives all of the information and documents required to be delivered to the purchaser under section 12, and
(b) the date the purchaser signs the purchase agreement.
(2) If a purchase agreement is rescinded under subsection (1), the developer shall, within 15 days from the developer’s receipt of a written notice of the rescission from the purchaser, return to the purchaser all of the money paid in respect of the purchase of the unit.
Material change before purchaser takes possession
13.1(1) If at any time before a purchaser takes possession of a unit there is a material change in the information and documents provided by the developer to the purchaser under section 12, the developer shall deliver a written notice to the purchaser.
(2) The notice required under subsection (1) must clearly identify all changes that in the reasonable belief of the developer may be material changes, and summarize the particulars of them.
(3) The developer shall in accordance with the regulations deliver the notice required under subsection (1) to the purchaser within a reasonable time after the material change occurs and, in any event, before the day the purchaser takes possession of the unit.
(4) Where a material change referred to in subsection (1) occurs, the purchaser may exercise any of the remedies provided under the regulations.
Act prevails
13.2 Any waiver or release by a purchaser of the rights, benefits or protections under this Act is void.
7 Section 14 is amended
(a) in subsections (3), (4) and (5) by adding “or prescribed trustee, as the case may be,” after “developer”;
(b) by repealing subsection (6) and substituting the following:
(6) A developer who receives money that is to be held in trust under this section shall, within 3 days of receiving it, exclusive of holidays and Saturdays, deposit the money into a trust account maintained in a financial institution in Alberta.
(c) by adding the following after subsection (6):
(6.1) A trust account referred to in subsection (6) must be maintained by a prescribed trustee.
(d) by repealing subsection (7) and substituting the following:
(7) A developer or prescribed trustee, as the case may be, who is in possession or control of money that is to be held in trust under this section shall ensure that the money is kept on deposit in Alberta.
(7.1) A developer or prescribed trustee, as the case may be, who is in possession or control of money that is to be held in trust under this section shall comply with the requirements respecting trust accounts established by the regulations.
(e) in subsection (8) by adding “, if any,” after “that money”.
8 Section 16 is repealed and the following is substituted:
Security deposit
16(1) If a purchaser of a residential unit, prior to receiving title to the unit, rents that unit from the developer, the developer may charge the purchaser a security deposit in respect of the unit.
(2) A developer shall not charge an amount under subsection (1) in excess of one month’s rent for the unit.
9 The following is added after section 16:
Documents required
16.1(1) The developer shall, at the meeting of the corporation convened under section 29, provide to the corporation without charge the original or a copy of the following documents:
(a) all warranties and guarantees on the real and personal property of the corporation, the common property and managed property;
(b) the
(i) structural, electrical, mechanical and architectural working drawings and specifications, and
(ii) as built drawings,
that exist for the real property of the corporation, the common property and managed property;
(c) the plans that exist showing the location of underground utility services, sewer pipes and cable television lines located on the parcel;
(d) all agreements to which the corporation is a party;
(e) all certificates, approvals and permits issued by a municipal authority, a person accredited by the Administrator under the Safety Codes Act, the Government or an agent of the Government that relate to the real property of the corporation, the common property and managed property;
(f) any building assessment report required under the New Home Buyer Protection Act or, in the case of a conversion, required under section 21.1;
(g) any reserve fund report required by the regulations;
(h) any other prescribed document.
(2) The interim board shall, at the meeting of the corporation convened under section 29, provide to the corporation without charge the original or a copy of all resolutions, minutes and other records and documents of the interim board.
10 The heading preceding section 17 is repealed and the following is substituted:
Termination of Agreements
11 Section 17 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
Developer’s management agreements
17(1) In this section, “developer’s management agreement” means a management agreement that was entered into by a corporation at a time when its board consisted of directors who were appointed or elected when persons who were not at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units.
(2) Subject to subsection (3), a corporation may, despite any term to the contrary in a developer’s management agreement or a collateral agreement, terminate a developer’s management agreement at any time after its board first consists of directors who were elected when persons who were at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units.
(b) in subsection (3)(b) by adding “, or any shorter notice specified in the agreement,” before “to the other party”.
12 The following is added after section 17:
Other agreements
17.1(1) Except as otherwise provided in section 17 and the regulations, a corporation may terminate an agreement within 12 months after the time at which its board first consists of directors who were elected when persons who were at arm’s length from the developer owned or held units representing more than 50% of the total unit factors for all the units.
(2) Subsection (1) applies despite any term to the contrary in the agreement to be terminated.
(3) To terminate an agreement under this section, the corporation must give written notice of the termination date to the other party to the agreement at least 60 days, or any shorter period specified in the agreement, before the termination date.
(4) Where a corporation terminates an agreement under this section, the corporation is not liable to the other party to the agreement by reason only of the termination of the agreement under this section.
Return of Corporation Property
Return of corporation property
17.2(1) The original copies of any documents or records prepared for a corporation by a condominium manager or a member of the board, including, without limitation, the documents referred to in section 12(1) and prescribed documents, are the property of the corporation.
(2) A condominium manager shall, within 30 days after the termination of a management agreement, at no charge, return to the corporation all property belonging to the corporation, including, without limitation, the documents and records referred to in subsection (1) and prescribed property.
(3) An individual who ceases to be a member of the board shall, within 30 days after ceasing to be a member of the board, at no charge, return to the corporation all property belonging to the corporation, including, without limitation, the documents and records referred to in subsection (1) and prescribed property.
13 Section 20 is amended by adding the following after subsection (8):
(9) On registration of a condominium plan of redivision, the owner of any parking space for visitors or persons with disabilities illustrated as a unit in the condominium plan shall transfer the title to the parking space to the corporation.
(10) Where the owner does not transfer the title to a parking space for visitors or persons with disabilities in accordance with subsection (9), the corporation
(a) has a first charge on the unit, and
(b) may commence an action for specific performance of the transfer.
14 The following is added before section 21:
Application of sections
20.1 Subject to the regulations, sections 10.1 to 16.1 apply to the purchase and sale of conversion units.
15 Section 21(1) and (2) are amended by adding “conversion” before “unit”.
16 The following is added after section 21:
Preparation of building assessment report for conversion
21.1(1) This section applies to a conversion in respect of a building that is not subject to the New Home Buyer Protection Act.
(2) A developer shall, in respect of a conversion, arrange for the preparation of a building assessment report by a professional engineer, professional technologist or registered architect for real property of the corporation, the common property and managed property.
(3) A building assessment report must be prepared in accordance with the regulations.
17 Section 26 is repealed and the following is substituted:
Voting rights
26(1) Subject to this section and section 27, an owner has the right to vote with respect to each unit owned and, where required, the right to vote the unit factors for each unit owned.
(2) When an owner’s interest in a unit is subject to a registered mortgage, the right to vote with respect to the unit may be exercised as follows:
(a) first, by the mortgagee, if any, who is first entitled in priority if that mortgagee is present at the meeting at which the vote is being conducted;
(b) 2nd, by the owner;
(c) 3rd and subsequently, in order of their priority among themselves, by any other mortgagees who are subsequent in priority to the mortgagee referred to in clause (a) if the subsequent mortgagees wishing to exercise the right to vote have notified the corporation of the mortgage in writing and are present at the meeting at which the vote is conducted.
(3) Subsection (2) does not apply unless the mortgagee has given written notice of the mortgagee’s mortgage to the corporation at the corporation’s address for service.
(4) Subject to the regulations, an owner or mortgagee, as the case may be, may exercise a right to vote personally or by proxy.
(5) A right to vote exercised by proxy is subject to the restrictions set out in the proxy, if any.
(6) Notwithstanding anything in this section, a person’s right to vote with respect to a unit and its unit factors is suspended where for more than 60 days before the vote
(a) any contribution payable in respect of the unit under section 39, or any interest payable under section 40, is in arrears, or
(b) a judgment by a court for any money owing to the corporation by the owner remains unsatisfied.
Ordinary resolution
26.1 A vote on an ordinary resolution may be conducted
(a) at a properly convened general meeting in accordance with section 26.2 or 26.3, or
(b) in writing in accordance with section 26.5.
Show of hands vote on an ordinary resolution
26.2(1) Subject to subsection (3), a vote by a show of hands on an ordinary resolution at a general meeting is passed where a majority of votes cast by those persons with a right to vote and present, either personally or by proxy, signify a vote in favour of the resolution.
(2) Where a unit is owned by 2 or more owners, only one owner may vote by show of hands but if those owners disagree on how their right to vote in respect of the unit should be exercised, no vote may be counted with respect to that unit.
(3) If a person entitled to vote on a resolution requests a poll vote, either before or promptly after a show of hands vote is or has been conducted, the vote must be conducted by a poll vote under section 26.3.
Poll vote on an ordinary resolution
26.3(1) A poll vote on an ordinary resolution is passed at a general meeting where the number of unit factors representing the votes cast by persons voting in favour of the resolution is at least 50% of the total unit factors for all the units of persons present at the meeting, either personally or by proxy.
(2) The procedures for voting in a poll vote where a unit is owned by 2 or more persons must be in accordance with the regulations.
Vote on a special resolution
26.4(1) A special resolution is passed at a general meeting where both of the following occur:
(a) persons representing at least 75% of all units vote, either personally or by proxy, in favour of the resolution;
(b) the number of unit factors represented by the votes cast in favour of the resolution is at least 75% of the total unit factors for all the units.
(2) The procedures for voting on a special resolution where a unit is owned by 2 or more persons must be in accordance with the regulations.
(3) A vote under this section must be signed by the person voting.
(4) The results of a vote on a special resolution must be recorded in the minutes of the general meeting at which the vote was conducted and must include
(a) the number of votes in respect of units and unit factors in favour of the resolution, and
(b) the number of votes in respect of units and unit factors not in favour of the resolution.
Voting in writing on an ordinary or special resolution
26.5(1) Notwithstanding that this Act, the regulations or the bylaws may require a general meeting to be convened for the purpose of voting on a resolution, a vote may be conducted in writing pursuant to this section and section 26.6 without a general meeting being convened.
(2) With respect to a vote in writing, an ordinary resolution is passed where both of the following occur:
(a) persons representing at least 50% of all units vote in favour of the resolution;
(b) the number of unit factors represented by the votes cast in favour of the resolution is at least 50% of the total unit factors for all the units.
(3) With respect to a vote in writing, a special resolution is passed where both of the following occur:
(a) persons representing at least 75% of all units vote in favour of the resolution;
(b) the number of unit factors represented by the votes cast in favour of the resolution is at least 75% of the total unit factors for all the units.
Procedures for written voting
26.6(1) Where a vote on a resolution is to be conducted in writing, the board shall send to each owner and to each mortgagee who has given written notice under section 26(3) a notice setting out the wording of the resolution and
(a) the date by which the votes on the resolution must be received by the board, and
(b) any other prescribed information.
(2) The date by which the votes must be received must be no later than one year from the date the notice of the proposed resolution was sent.
(3) The date by which the votes must be counted must be no later than 14 days from the date referred to in subsection (1)(a).
(4) A vote under this section must be signed by the person voting.
(5) In addition to any other requirements in this Act and the regulations, the results of a vote in writing
(a) must include
(i) the number of votes in respect of units and unit factors in favour of the resolution, and
(ii) the number of votes in respect of units and unit factors not in favour of the resolution,
and
(b) must be provided to the owners and to each mortgagee who has given written notice under section 26(3) in accordance with the regulations.
(6) Where a vote is conducted in writing, all votes are deemed to be made on the date the votes on the proposed resolution must be received by the board under subsection (1).
(7) The procedures used for a vote in writing where a unit is owned by 2 or more persons must be in accordance with the regulations.
Retention of voting records
26.7 The board must retain the original votes cast by persons under sections 26.3, 26.4 and 26.5 in accordance with the regulations.
Electronic voting
26.8 Notwithstanding sections 26.2, 26.3, 26.4 and 26.5, a vote may be conducted by electronic means in accordance with the regulations.
18 Section 28 is amended
(a) by adding the following after subsection (1):
(1.1) At least 2/3 of the membership of the board of directors of a corporation must be unit owners or mortgagees unless the bylaws provide otherwise.
(b) by repealing subsection (2) and substituting the following:
(2) Every member of a board, in exercising the powers and performing the duties of the office of member of the board, shall
(a) act honestly and in good faith with a view to the best interests of the corporation, and
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
(c) in subsection (6)
(i) by striking out “Notwithstanding subsection (5), a corporation may at any time” and substituting “A corporation shall,”;
(ii) by adding “promptly” before “file”;
(d) by repealing subsection (7);
(e) in subsection (8) by striking out “subsection (7)” and substituting “section 28.2(1)”;
(f) by repealing subsection (10).
19 The following is added after section 28:
Removal or vacating of office of a member of the board
28.1(1) A person ceases to be a member of the board if the member
(a) becomes a bankrupt as defined in the Bankruptcy and Insolvency Act (Canada),
(b) is more than 60 days in arrears in payment of any contribution required to be made by the member as an owner,
(c) is more than 60 days in default of a judgment by a court of any money owing to the corporation,
(d) is or becomes a represented adult as defined in the Adult Guardianship and Trusteeship Act,
(e) is convicted of an indictable offence for which the member is liable to imprisonment for a term of not less than 2 years,
(f) resigns the member’s office by serving notice in writing on the corporation, or
(g) is removed under subsection (2).
(2) A corporation may by ordinary resolution remove a member of the board before the expiration of the member’s term of office and appoint another individual in the member’s place to hold that office for the remainder of the term.
Exercise of powers and duties by boards
28.2(1) The powers and duties of a corporation shall, subject to any restriction imposed or direction given in an ordinary resolution, be exercised and performed by the board of the corporation.
(2) An ordinary resolution that directs or restricts the corporation, or interferes with the corporation, in its exercise of powers and performance of duties is not valid if the direction or restriction is contrary to this Act, the regulations or the bylaws.
20 Section 29 is repealed and the following is substituted:
Convening of meeting to elect first board
29(1) When a developer registers a condominium plan, the developer shall within 90 days from the day that the certificates of title to 50% of the units have been issued in the name of the purchasers convene a meeting of the corporation at which a board must be elected.
(2) Notwithstanding subsection (1), if the developer does not convene a meeting of the corporation under subsection (1) within the time period determined under subsection (1), an owner may convene the meeting.
21 Sections 30 and 31 are repealed and the following is substituted:
Annual general meetings
30(1) The first annual general meeting of the corporation must be convened by the board no later than 12 months after the registration of the condominium plan.
(2) Subsequent annual general meetings must be convened annually no later than 15 months after the immediately preceding annual general meeting.
(3) Subject to the regulations, written notice of an annual general meeting must be provided to each owner and any mortgagee who has given written notice under section 26(3) no less than 14 days prior to the day on which the meeting is to be convened.
(4) Subject to the regulations, the corporation shall
(a) prepare financial statements, in accordance with Canadian generally accepted accounting principles, for the corporation’s preceding fiscal year, an annual report on the reserve fund and an annual budget for the corporation’s fiscal year that immediately follows the corporation’s preceding fiscal year, and
(b) no less than 14 days prior to the day on which the annual general meeting is to be convened, provide copies of the financial statements, an annual report on the reserve fund and the annual budget to each owner and any mortgagee who has given written notice under section 26(3).
Special general meetings
30.1(1) The board may, whenever it considers it appropriate to do so, convene a special general meeting of the corporation by providing written notice to each owner, subject to the regulations, no less than 14 days prior to the day on which the meeting is to be convened.
(2) The board shall, on the written request of owners whose units represent not less than 15% of the total unit factors for all the units, convene a special general meeting of the corporation by providing written notice to each owner no less than 14 days prior to the day on which the meeting is to be convened.
(3) A request under subsection (2) must include the nature of the business to be dealt with at the meeting.
(4) A special general meeting under subsection (2) must be convened within 30 days of receiving the request, and if the board does not convene a meeting within that time period, the owners may convene the meeting.
(5) A notice for a special general meeting must include the purpose for which the meeting is being convened, including the proposed wording of any resolution.
Failure to give notice
30.2 Failure to give proper notice of a general meeting to a person entitled to receive notice of the meeting under this Act does not invalidate anything done at that meeting as long as a reasonable attempt to give the notice was made.
Notice of meetings to mortgagees
30.3 On being notified by a mortgagee entitled to vote under section 26 that the mortgagee wishes to be notified of general meetings, the board shall give to that mortgagee the same notices of a general meeting as are required to be given to an owner.
Venue of meeting
31(1) Meetings of the board and general meetings of the corporation must be held within the municipality in which the units are located unless an ordinary resolution to hold the meetings in another location is passed at a general meeting of the corporation.
(2) Notwithstanding subsection (1), a member of the board may participate in a meeting of the board by electronic means or other communication facilities if the electronic means or other communication facilities enable the board members participating in the meeting and any other persons attending the meeting to hear each other.
(3) Members of the board participating in a meeting of the board by electronic means or other communication facilities are deemed to be present at the meeting.
22 Section 32 is amended
(a) in subsection (1) by striking out “and the common property” and substituting “, the common property and managed property”;
(b) by repealing subsection (7).
23 The following is added after section 32:
Rules
32.1(1) Subject to the regulations, the board may, by resolution, make, amend or repeal rules respecting procedures used in the administration of the corporation or the real and personal property of the corporation, the common property and managed property.
(2) The rules must be reasonable and consistent with this Act, the regulations and the bylaws.
(3) The rules must not restrict the uses of units.
(4) Subject to the regulations, the board must inform owners and tenants of any rules made, amended or repealed.
(5) If a rule or a proposed rule is inconsistent with this Act, the regulations or the bylaws, this Act, the regulations or the bylaws, as the case may be, prevail.
24 Sections 33 and 34 are repealed and the following is substituted:
Initial bylaws
33 On the registration of a condominium plan, the bylaws of the corporation are the bylaws set out in the regulations, and those bylaws remain in force in respect of that corporation until they are repealed or replaced by special resolution.
Application of initial bylaws to pre‑existing corporations
34 Notwithstanding that, immediately before the coming into force of this section, a corporation was regulated by the bylaws set out in Appendix 1 or 2 of the Condominium Property Act as it read immediately before the coming into force of this section, that corporation is deemed on the coming into force of this section to be regulated by the bylaws set out in the regulations.
25 The following is added after section 34:
Conflict with bylaws
34.1(1) If there is a conflict between a bylaw and this Act or the regulations, this Act or the regulations, as the case may be, prevail.
(2) Notwithstanding section 32(3), in order to bring the bylaws in conformity with this Act and the regulations, a corporation, no later than one year after the coming into force of this section, may by ordinary resolution amend any of its bylaws to ensure that its bylaws do not conflict with this Act or the regulations.
(3) Subsection (2) does not apply to amending an existing bylaw that is not in conflict with this Act or the regulations nor to adding any new bylaws.
26 Section 35 is repealed and the following is substituted:
Sanctions for failure to comply with bylaws
35(1) A corporation may by bylaw establish monetary or other sanctions that may be imposed on owners, tenants and occupants who fail to comply with the bylaws.
(2) A bylaw under which sanctions may be imposed must
(a) set out the sanctions that may be imposed, and
(b) in the case of monetary sanctions, set out the amount of the monetary sanctions or the range of monetary sanctions that may be imposed.
(3) A bylaw under which sanctions may be imposed may be general or specific in its application.
(4) A sanction imposed under a bylaw made under this section must be reasonable in the circumstances for which it is imposed.
(5) Where a person fails to abide by a sanction or to pay to the corporation a monetary sanction imposed under a bylaw, the corporation may proceed under section 36 to enforce the sanction.
(6) A sanction may not be imposed that has the effect of prohibiting or restricting the devolution of units or any transfer, lease, mortgage or other dealing with the units, or of destroying or modifying any easement implied or created by this Act.
(7) A monetary sanction imposed under a bylaw made under this section must not exceed the amount prescribed by the regulations.
Restriction on monetary sanctions
35.1 A corporation may impose a monetary sanction on an owner, tenant or occupant only where authorized by this Act, the regulations or the bylaws.
27 Section 36 is amended
(a) by repealing subsection (1)(a) and substituting the following:
(a) take proceedings in the forum provided for in the regulations to recover from the person
(i) a monetary sanction, or
(ii) damages, in the case of any other sanction, in an amount not exceeding the amount that may be granted in damages under the Provincial Court Act,
or
(b) in subsection (1)(b) by striking out “of not more than $10 000” wherever it occurs;
(c) by adding the following after subsection (7):
(8) A caveat in respect of a monetary sanction or other debt to a corporation, other than a contribution under section 39, may be registered against the certificate of title of a unit only pursuant to a writ of enforcement.
28 Section 37 is amended
(a) in subsection (1) by striking out “property and the common property” and substituting “property, the common property and managed property”;
(b) in subsection (2)(a) by striking out “corporation and the common property” and substituting “corporation, the common property and managed property”;
(c) by adding the following after subsection (3):
(4) A corporation may, subject to the regulations, borrow money for the purpose of carrying out the powers and duties of the corporation under this section.
(5) Money borrowed by the corporation under subsection (4) must be used only for the purpose for which it was borrowed.
29 Section 38 is amended
(a) by repealing subsection (1) and substituting the following:
Reserve fund
38(1) Subject to the regulations, a corporation shall, from funds levied under section 39(1)(a) or under section 39.1, establish and maintain a reserve fund that is reasonably sufficient to provide for major repairs and replacement of the following, where the repair or replacement is of a nature that does not normally occur annually:
(a) any real and personal property of the corporation;
(b) the common property;
(c) managed property.
(1.01) Notwithstanding subsection (1), funds from the reserve fund may be used for
(a) a reserve fund study and reserve fund report required by the regulations,
(b) any other report prepared by an expert examining the condition of the real and personal property of the corporation, the common property and managed property, and
(c) any other purpose provided for in the regulations.
(b) in subsection (1.1) by adding “as enacted by section 1(2)(a) of the Statutes Amendment Act, 2013” after “subsection (1)(c)”;
(c) by repealing subsection (2) and substituting the following:
(2) Notwithstanding subsection (1), funds shall not be taken from a reserve fund for the purpose of making capital improvements unless
(a) the removal of funds for that purpose is authorized by a special resolution or is necessary to maintain property referred to in subsection (1) to comply with health, building and maintenance and occupancy standards as required by law, and
(b) there will be sufficient funds remaining in the reserve fund to meet the requirements of subsection (1).
(d) by adding the following after subsection (3):
(4) For the purposes of this section and section 39.1, the following are not capital improvements:
(a) the replacement of existing real and personal property of the corporation, the common property or managed property with
(i) the contemporary equivalent of an obsolete property, or
(ii) a lower cost equivalent of the existing property;
(b) any other replacement prescribed by the regulations.
30 Section 39 is repealed and the following is substituted:
Operating account
38.1 Subject to the regulations, a corporation shall, from funds levied under section 39(1)(a) or (b), establish and maintain an operating account to be used to provide sufficient funds for
(a) the control, management and administration of the real and personal property of the corporation, the common property and managed property, and
(b) the payment of any other obligation of the corporation,
that are not required to be paid out of the reserve fund.
Contributions
39(1) A board may by resolution
(a) determine from time to time the amounts to be raised for the purposes of the operating account and the reserve fund and may raise those amounts by levying contributions on the owners at regular intervals
(i) in proportion to the unit factors of the owners’ respective units, or
(ii) subject to the regulations, and if provided for in the bylaws, on a basis other than in proportion to the unit factors of the owners’ respective units;
(b) determine from time to time amounts to be raised by special levy and raise those amounts in accordance with section 39.1.
(2) A contribution shall not include any amount for the purpose of collecting from an individual owner
(a) a monetary sanction under a bylaw made under section 35(1),
(b) costs incurred by the corporation as a result of damages caused by an act or omission of an owner, tenant or occupant, or
(c) any other amount set out in the regulations.
Special levy
39.1(1) A resolution of the board under section 39(1)(b) to approve a special levy must set out the following:
(a) the purpose of the levy;
(b) the total amount to be levied;
(c) either
(i) the method of determining each unit’s proportionate share of the levy by unit factor, or
(ii) subject to the regulations, and if provided for in the bylaws, the method for determining each unit’s share of the levy on a basis other than the unit factors of the owners’ respective units;
(d) the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.
(2) A special levy may be levied to raise money
(a) for the payment of unexpected and urgent maintenance, repair or replacement of the real and personal property of the corporation, common property or managed property,
(b) to cover unexpected shortfalls in the operating account,
(c) to increase the balance of the reserve fund to meet the requirements in a reserve fund plan required under the regulations,
(d) subject to subsection (3), for the payment of a capital improvement,
(e) to satisfy a judgment against the corporation, or
(f) for any other purpose provided for in the regulations.
(3) If the purpose of the special levy is for the making of a capital improvement, a special resolution is required before the board may approve the special levy.
(4) As soon as possible after the passing of a resolution referred to in subsection (1), the board must inform each owner of the following:
(a) the purpose of the levy;
(b) the total amount of the levy;
(c) the method used to determine each unit’s share of the levy;
(d) the amount of the owner’s unit’s share of the levy;
(e) the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.
(5) If the amount collected exceeds the amount required or for any other reason is not fully used for the purpose set out in the resolution referred to in subsection (1), the corporation must pay the money into the reserve fund.
Payment and enforcement of contributions
39.2(1) A contribution levied as provided in section 39(1)(a) is due and payable on the passing of a resolution by the board to that effect and in accordance with the terms of the resolution, and a contribution levied under section 39(1)(b) is due and payable in accordance with a resolution of the board passed under section 39(1).
(2) A contribution referred to in subsection (1), and any interest charged under section 40, may be recovered by an action for debt by the corporation
(a) from a person who was an owner at the time when the resolution of the board was passed, and
(b) from a person who was an owner at the time when the action was instituted,
both jointly and severally.
(3) Where a contribution, including any interest owing, is not paid by the owner, the mortgagee may pay any amount owing in respect of that contribution and add that amount to the amount owing to the mortgagee under the mortgage.
(4) Where
(a) a person other than the owner is in possession of a unit and pays rent to the owner in respect of the unit, and
(b) contributions, including any interest owing in respect of that unit, are in arrears,
the corporation may require the person in possession of the unit to pay the rent owing to the owner in respect of that unit to the corporation so that that rent can be applied against the contributions, including any interest owing, that are in arrears.
(5) Where a person in possession of a unit other than the owner pays the rent to the corporation under subsection (4), that person is deemed to have paid that rent to the owner.
(6) A corporation may file a caveat against the certificate of title to an owner’s unit for the amount of a contribution levied on the owner and interest payable but unpaid by the owner.
(7) On the filing of the caveat under subsection (6), the corporation has a charge against the unit equal to the unpaid contributions and any interest owing.
(8) On and from the date of filing of the caveat, a charge under subsection (7) has the same priority as a mortgage under the Land Titles Act and may be enforced in the same manner as a mortgage.
(9) The Dower Act and Part 10 of the Civil Enforcement Act do not apply to proceedings under subsection (8).
(10) If a corporation has filed a caveat under this section, the corporation shall withdraw the caveat on the payment to it of the amount of the charge.
(11) Notwithstanding subsection (8), if
(a) a corporation has filed a caveat under this section,
(b) subsequent to the caveat’s being filed another person gains title to the unit pursuant to
(i) a foreclosure action,
(ii) an action for specific performance, or
(iii) a tax recovery proceeding under the Municipal Government Act,
and
(c) an amount remains owing to the corporation with respect to the contribution and interest for which the caveat was filed,
the caveat remains registered against the certificate of title of the unit until the amount owing is paid to the corporation.
31 Section 41 is repealed.
32 Section 42(b) is amended by adding “prescribed” after “reasonable”.
33 Section 43 is repealed and the following is substituted:
Investments
43 Subject to section 37(3) and the regulations, a corporation may invest any funds not immediately required by it only in accordance with the regulations.
34 The following is added after section 43:
Trust money
43.1(1) Where the corporation or any person is in receipt of money paid to or for the benefit of the corporation, that money and all the proceeds arising from that money are
(a) legally and beneficially owned by the corporation, and
(b) deemed to be held in trust for the performance of the duties and obligations in respect of which the payment was made.
(2) Where the corporation is in receipt of money referred to in subsection (1), the corporation shall
(a) except as otherwise authorized in writing pursuant to a resolution of the board,
(i) deposit all the money into a separate account at a bank, trust corporation, credit union or treasury branch within 3 days, exclusive of holidays and Saturdays, from the day that the corporation received the money, and
(ii) designate the account as a trust account registered in the name of the corporation,
and
(b) keep all trust money intact and not withdraw, convert, direct, borrow or commingle that trust money, other than pursuant to a resolution referred to in clause (a).
Estoppel certificate
43.2 On the written request of an owner, purchaser or mortgagee or the solicitor of an owner, purchaser or mortgagee, or a person authorized in writing by any of those persons, the corporation shall, within 10 days after receiving the request, certify
(a) the amount of any contribution payable by the owner,
(b) the frequency at which contributions are payable,
(c) the amount of contributions payable that is in arrears, if any, and
(d) the amount of interest owing, if any, on any unpaid balance of a contribution
and, in favour of a person dealing with that owner, the certificate is conclusive proof of the matters certified in it as of the date of the certificate.
35 Section 44 is repealed and the following is substituted:
Information and documents on request
44(1) On the written request of an owner, purchaser or mortgagee or the solicitor of an owner, purchaser or mortgagee, or a person authorized in writing by any of those persons, the corporation shall, within 10 days after receiving the request, provide to the person making the request any prescribed information or documents as requested by that person.
(2) The corporation may provide any prescribed information or documents requested under subsection (1) in electronic form unless the person requesting the information or documents specifically requests that they be provided in paper form.
Fees for information or documents
44.1 A corporation may, where authorized by regulation, charge fees in the prescribed amount for producing and providing any prescribed information or documents requested under section 44 or otherwise required to be provided under this Act or the regulations.
Retention of documents
44.2 A corporation shall retain any prescribed documents for at least the period of time prescribed in relation to that document.
36 The heading preceding section 46 and section 46 are repealed.
37 Section 47(1) is amended by striking out “A corporation” and substituting “Subject to the regulations, a corporation”.
38 Section 48 is repealed and the following is substituted:
Notification of insurance coverage changes
48 A corporation shall, when there is a change in one or more of the following matters with respect to the corporation’s insurance policy, provide each owner with written notice of the change and a copy of the insurance certificate reflecting the change within 30 days of the date the corporation receives the insurance certificate:
(a) the amount of the deductible payable in the event of a claim;
(b) the replacement value of the coverage;
(c) any addition to permitted exclusions;
(d) any other matter prescribed in the regulations.
39 The heading preceding section 49 is amended by adding “Real Property of the Corporation or” before “Common Property”.
40 Section 49 is amended
(a) in subsection (1) by adding “the real property of the corporation or” after “lease”;
(b) by repealing subsection (2) and substituting the following:
(2) When the board is satisfied that the special resolution was properly passed and the requirements of the regulations have been complied with, the corporation shall execute the appropriate transfer or lease.
(c) by repealing subsection (4)(c) and substituting the following:
(c) that the requirements of the regulations have been complied with.
41 Section 50 is repealed and the following is substituted:
Exclusive possession areas
50(1) Notwithstanding section 49, a corporation may, by means of a bylaw, lease, licence or other instrument, grant an owner the right to exercise exclusive possession in respect of an area of the real property of the corporation or the common property.
(2) A grant of the right to exercise exclusive possession may be withdrawn according to the terms of the bylaw, lease, licence or other instrument referred to in subsection (1).
(3) Where the corporation grants a right to exercise exclusive possession under subsection (1), the corporation may require the owner, under the bylaw, lease, licence or other instrument, to maintain and repair the area of the real property of the corporation or the common property that is the subject of the grant.
(4) Despite subsection (3), where an owner fails to maintain or repair the area of the real property of the corporation or common property in compliance with the requirements under subsection (3), the corporation may carry out the necessary maintenance or repairs.
(5) A corporation may recover from an owner by an action in debt any reasonable costs it has incurred
(a) for the purposes of maintenance or repairs under subsection (4),
(b) pursuant to the regulations, or
(c) as required by a municipal authority or other public authority
in respect of the area of the real property of the corporation or the common property that is the subject of a grant to the owner of the right to exercise exclusive possession under subsection (1).
42 Section 52 is amended
(a) by repealing subsection (3) and substituting the following:
(3) When the board is satisfied that the special resolution was properly passed and the requirements of the regulations have been complied with, the corporation shall execute the appropriate instrument to grant the easement or covenant.
(b) in subsection (5) by striking out “all necessary consents were given” and substituting “the requirements of the regulations have been complied with”.
43 Section 53 is amended
(a) by repealing subsection (3)(b) and substituting the following:
(b) the maintenance or repair of any area of the common property that is the subject of a grant to the owner of the right to exercise exclusive possession under section 50(1),
(b) in subsection (4) by striking out “one month’s rent charged for the unit” and substituting “the prescribed amount and shall be held and repaid along with interest earned, if any, as prescribed”;
(c) in subsection (7)
(i) in clause (a) by adding “and interest earned, if any,” after “deposit”;
(ii) in clause (b)
(A) in subclause (i) by adding “and interest earned, if any” after “used”;
(B) in subclause (ii) by adding “and interest earned, if any” after “if any”;
(ii) in clause (c)
(A) in subclause (i) by adding “and interest earned, if any” after “used”;
(B) in subclause (ii) by adding “and interest earned, if any” after “if any”;
(d) by adding the following after subsection (7):
(8) If a deposit referred to in subsection (3) is owing by an owner to a corporation, the corporation may, in addition to any rights of recovery that it has in law, recover that amount in accordance with section 39.2 as if it were a contribution.
44 Section 63 is amended
(a) by repealing subsection (2) and substituting the following:
(2) When the board is satisfied that the special resolution was properly passed and the requirements of the regulations have been complied with, the corporation shall execute the appropriate transfer.
(b) in subsection (4)(a) by striking out “all necessary consents were given” and substituting “the requirements of the regulations have been complied with”.
45 Section 67(1)(a) is amended by adding the following after subclause (iii):
(iii.1) the conduct of an owner that is oppressive or unfairly prejudicial to the corporation, a member of the board or another owner,
46 Section 69 is amended by adding the following after subsection (2):
(3) If a party to an arbitration agreement under subsection (1) makes an application to the Tribunal in respect of a matter in dispute that is to be submitted to arbitration under the arbitration agreement, the Tribunal shall, on the application of another party to the arbitration agreement, stay the proceeding to which the first application relates.
47 The following is added after section 69:
Tribunal
Definitions
69.1 In this section and sections 69.2 to 69.9,
(a) “dispute” means a dispute respecting any matter arising under this Act or the regulations, or in respect of the bylaws or rules of a corporation, involving 2 or more interested parties;
(b) “interested party” means an owner, a corporation, a member of the board, a developer, a purchaser, a condominium manager, a tenant or an occupant of a unit, an administrator appointed under section 58, a registered mortgagee or any other person who has a registered interest in a unit.
Geographic region
69.2 Sections 69.3 to 69.9 apply only in respect of the geographic region or regions of the Province specified in the regulations.
Jurisdiction of the Tribunal
69.3 The Tribunal may hear a dispute respecting any matter specified in the regulations.
Application to Tribunal
69.4(1) Subject to the regulations, where an application in respect of a dispute is filed with a court and the Tribunal has jurisdiction to hear the dispute, the court shall refer the dispute to the Tribunal.
(2) Where an application in respect of a dispute is filed with the Tribunal, the Tribunal shall, if the Tribunal does not have jurisdiction to hear the dispute or the authority to order the relief sought in the application, refer the matter to a court.
Authority of Tribunal
69.5(1) The Tribunal may, by order, do one or more of the following in respect of a dispute it hears:
(a) award damages;
(b) award costs;
(c) award interest;
(d) grant restitution;
(e) nullify a sanction imposed by a corporation;
(f) grant a temporary or permanent stay of a sanction imposed by a corporation;
(g) require the production of a specific document, record or thing;
(h) if the Tribunal is satisfied that one of the interested parties to the dispute is carrying on improper conduct, appoint an investigator to review the improper conduct and report to the Tribunal;
(i) direct an interested party to the dispute carrying on improper conduct to cease the improper conduct;
(j) give directions as to how matters are to be carried out so that improper conduct will not recur or continue, including directing an interested party to the dispute to take steps to comply with this Act;
(k) make a declaration on any matter specified in the regulations;
(l) appoint an administrator under section 58 as if the Tribunal were the Court;
(m) dismiss a dispute;
(n) grant any other relief provided for by the regulations.
(2) Subject to the regulations, the Tribunal may vary or reconsider any order or decision made by it.
(3) The Tribunal is not bound by the rules of evidence applicable in judicial proceedings.
(4) The Tribunal may
(a) establish a date by which something must be done, and vary such a date;
(b) determine the validity, sufficiency and timeliness of the service of a notice, document or order.
Powers of tribunal officers
69.51(1) A tribunal officer, for the purposes of hearing disputes,
(a) has the same power as is vested in the Court for the trial of civil actions
(i) to summon and enforce the attendance of witnesses,
(ii) to compel witnesses to give evidence on oath or otherwise,
(iii) to compel witnesses to give evidence in person or otherwise, and
(iv) to compel witnesses to produce any record, object or thing that relates to the matter being heard,
(b) may decide questions of the sufficiency, validity or timeliness of service of documents,
(c) may take evidence under oath, and
(d) may administer oaths for the purpose of taking evidence.
(2) If any person fails to attend, to answer questions or to produce a record, object or thing as required under subsection (1)(a), or conducts himself or herself in a manner that might be in contempt of the Tribunal or its proceedings, the Tribunal may apply to the Court for an order committing that person for contempt in the same manner as if that person were in breach of an order or judgment of that Court, or restraining any conduct found by the Court to be in contempt of the Tribunal or its proceedings.
(3) On an application under subsection (2), the Court may grant any order that, in the opinion of the Court, is necessary to enable the Tribunal to carry out its duties.
Application and proceedings
69.6(1) An application to the Tribunal must be made in accordance with the regulations.
(2) The Tribunal shall conduct all proceedings and decide all applications to it
(a) subject to any limitations and restrictions set out in the regulations, and
(b) in accordance with the rules of practice and procedure established pursuant to the regulations.
(3) The Tribunal may publish its decisions in any manner that it considers necessary.
Binding nature of order
69.7(1) An order of the Tribunal is final and binding on the parties to the dispute.
(2) An order of the Tribunal may be filed in the Court and, on being filed, is enforceable in the same manner as an order of the Court.
Judicial review
69.8(1) An application for judicial review of a Tribunal’s decision, act or order must be filed and served not later than 45 days from the date of the decision, act or order.
(2) If an application for judicial review is made under subsection (1), the Court may stay the Tribunal’s decision, act or order until the Court makes a decision on the application.
Protection from liability
69.81 No action lies against tribunal officers and employees required for the administration of the Tribunal who are appointed under the regulations for anything done or omitted to be done by any of them in good faith while exercising their powers and performing their duties under this Act or the regulations.
Regulations regarding Tribunal
69.9 The Lieutenant Governor in Council may make regulations respecting the establishment of a Tribunal for the purpose of resolving disputes arising in respect of matters under this Act, including, without limitation, regulations
(a) respecting the establishment of the Tribunal and the appointment of tribunal officers, including a chair, and any other employees required for the administration of the Tribunal;
(b) providing for the payment of remuneration and expenses to tribunal officers and employees;
(c) respecting the geographic region or regions of the Province to which sections 69.3 to 69.81 and this section apply;
(d) specifying the matters in respect of which the Tribunal may hear a dispute;
(e) respecting applications to the Tribunal, including applications that include a claim for damages, compensation or other relief;
(f) respecting rules of practice and procedure governing proceedings before the Tribunal;
(g) respecting a code of conduct applicable to tribunal officers;
(h) respecting alternative dispute resolution processes that the Tribunal may require the parties to a dispute to undertake;
(i) respecting the circumstances and the manner in which an application is to be referred from a court to the Tribunal under section 69.4(1);
(j) respecting the manner of referring a matter to a court under section 69.4(2);
(k) respecting the determination and treatment of related disputes;
(l) respecting other relief that a Tribunal may grant under section 69.5;
(m) respecting the powers and duties of the chair, tribunal officers and any other employees;
(n) respecting the matters that tribunal officers may or shall consider when dealing with a dispute;
(o) respecting the making of Tribunal orders;
(p) respecting the fees that may be charged by the Tribunal and providing for the waiver of any fee;
(q) respecting the manner of establishing forms for the purposes of sections 69.2 to 69.8 and providing for their use;
(r) respecting the service of notices, documents or orders;
(s) respecting bringing copies of documents registered at a land titles office, including the bylaws and condominium plan of a corporation, before the Tribunal;
(t) respecting the publication of orders and other documents of the Tribunal;
(u) respecting any matter or thing that the Lieutenant Governor in Council considers necessary or appropriate to carry out the intent and purposes of sections 69.2 to 69.8.
48 Section 71(1)(a) is amended
(a) by striking out “registered” and substituting “recorded”;
(b) in subclauses (i) and (ii) by striking out “73(2)” and substituting “73”.
49 The following is added after section 71:
Service on owner
71.1(1) A document, including any written notice or request, may be served by a corporation on an owner
(a) by personal service on the owner,
(b) by ordinary mail or recorded mail addressed to
(i) the owner’s address as registered at a land titles office, or
(ii) an alternative address for service provided by the owner to the corporation,
or
(c) by electronic means to an electronic address that the owner has specifically provided as an address to which information may be provided by those electronic means.
(2) Service is deemed to have been effected
(a) on the date on which acknowledgment of receipt of recorded mail is signed,
(b) 7 days after the date on which the document is sent by ordinary mail, or
(c) 24 hours after the document is sent by electronic means.
50 Section 72 is amended by striking out “registered” wherever it occurs and substituting “recorded”.
51 Section 73 is amended by adding the following after subsection (1):
(1.1) A corporation shall promptly file a change of address for service made under subsection (1) at a land titles office.
52 Section 74 is repealed.
53 The following is added after section 78:
Inspections and Investigations
Appointment and identification of inspector
78.01(1) The Minister may appoint individuals as inspectors.
(2) An inspector who enters any place under the authority of this Act must, on request,
(a) produce a document that identifies the person as an inspector under this Act, and
(b) explain the purpose for which the inspector is entering the place.
Inspection and investigation
78.02(1) Any record or document required to be created or maintained under this Act or the regulations must be available for inspection by an inspector.
(2) An inspector may, at any reasonable time, enter the business premises of a developer and inspect the operation and records and documents of the developer for the purpose of determining whether this Act or the regulations are being complied with.
(3) Where an inspector has reasonable grounds to believe that a person has committed an offence under this Act or the regulations, the inspector may, at any reasonable time, enter any premises, other than a private dwelling place, to conduct an investigation.
(4) In carrying out an inspection or investigation an inspector may, at any reasonable time,
(a) require any person to answer any relevant question and direct the person to answer the question under oath,
(b) demand the production for examination of any records or documents that are relevant to the inspection or investigation,
(c) on giving a receipt for them, remove records and documents that are relevant to the inspection or investigation for the purpose of examining them and making copies of them, and
(d) make copies or take photographs of any record or document removed under clause (c).
(5) If an inspector removes any records or documents during an inspection or investigation, the inspector
(a) shall give a receipt for the records or documents to the person from whom they were taken, and
(b) shall return any records or documents within a reasonable time after they have served the purposes for which they were taken.
(6) On request, an inspector shall provide a copy of any records or documents removed during an inspection or investigation to the person from whom they were taken.
(7) A developer and any person working in the business premises of a developer or in premises referred to in subsection (3) shall co‑operate with an inspector acting under the authority of this section.
(8) A developer shall, at a location within Alberta, produce any books, records, documents or other things requested by an inspector that are relevant to determine if there is compliance with the developer’s duties under this Act and the regulations.
(9) The Director may apply to the Court for
(a) an order directing any person
(i) to produce to an inspector any records or documents relevant to the inspection or investigation in the person’s possession or under the person’s control, and
(ii) to give up possession of any record or document described in subclause (i) to allow the inspector to take it away to examine and copy it and to return it within a reasonable time,
and
(b) an order directing any person to attend before the inspector to answer any relevant inquiries the inspector may have relating to the inspection or investigation.
(10) An application for an order under subsection (9) may be made without notice if the Court is satisfied that it is proper to make the order in the circumstances.
Undertakings
Developer’s undertakings
78.1(1) When
(a) the Director is of the opinion that a developer has contravened this Act or the regulations, and
(b) the Director is satisfied that the developer has ceased the contravention,
the developer may enter into an undertaking with the Director in the form and containing the provisions that the Director, on negotiation with the developer, considers proper.
(2) Without limiting subsection (1), an undertaking may include any of the following specific undertakings:
(a) to stop engaging in a practice or to change a practice described in the undertaking;
(b) to provide compensation to anyone who has suffered a loss;
(c) to publicize the undertaking or the action being taken;
(d) to pay the costs of investigating the developer’s activities and any costs associated with the undertaking.
(3) The Director must maintain a public record of all undertakings entered into under this section.
Change in undertaking by Director
78.11(1) A developer who enters into an undertaking may apply to the Director to vary or cancel that undertaking.
(2) On considering the application, the Director may
(a) refuse the application, or
(b) vary or cancel the undertaking.
Change in undertaking by Court
78.12(1) Despite section 78.11, a developer who enters into an undertaking may apply to the Court for an order to vary or cancel the undertaking.
(2) On considering an application, the Court may
(a) refuse the application, or
(b) vary or cancel the undertaking and impose whatever terms or conditions the Court considers proper.
Effect of varying or cancelling an undertaking
78.13 When an undertaking is varied or cancelled, that variance or cancellation does not invalidate anything done under that undertaking prior to the variance or cancellation.
Director’s Orders
Director’s orders
78.2(1) If, in the opinion of the Director,
(a) a developer is contravening or has contravened this Act or the regulations, or
(b) a developer is using any form, agreement, letter or other document that is misleading or contains a term that misrepresents a provision of this Act or the regulations,
the Director may issue an order directed to the developer.
(2) An order under subsection (1) may direct the developer
(a) to stop engaging in anything that is described in the order, subject to any terms or conditions set out in the order, and
(b) to take any measures specified in the order, within the time specified in the order, to ensure that this Act and the regulations are complied with.
(3) A developer who is subject to an order under this section may appeal the order under section 78.5.
(4) The Director may reconsider or vary an order issued under subsection (1).
Enforcement of Director’s orders
78.21(1) If the Director is of the opinion that a person is not complying or has not complied with an order of the Director under section 78.2, the Director may apply to the Court for an order directing that person to comply with the order.
(2) The Director may not bring an application under this section
(a) until the time for appealing the Director’s order has passed without an appeal having been made, or
(b) if an appeal has been made, until the appeal has been resolved and the Director’s order either stands or has been confirmed by the appeal board.
(3) After receiving an application under subsection (1), the Court may, if it considers it necessary in the circumstances, make an interim order granting the relief that the Court considers appropriate pending the determination of the application.
(4) An interim order under subsection (3) may be made ex parte if the Court considers it appropriate in the circumstances.
(5) On hearing an application, the Court may,
(a) if it is of the opinion that there were insufficient grounds for the Director to have issued an order under section 78.2, quash the order;
(b) if it is of the opinion that the Director had sufficient grounds for issuing the order and that the person is not complying or has not complied with the Director’s order, grant an order, subject to any terms and conditions the Court considers appropriate in the circumstances, doing one or more of the following:
(i) directing the person to comply with the order of the Director;
(ii) giving directions that the Court considers necessary in order to ensure that the order of the Director will be complied with;
(iii) awarding costs in respect of the matter.
Administrative Penalties
Notice of administrative penalty
78.3(1) If the Director is of the opinion that a developer has contravened this Act or the regulations, the Director may, by notice in writing served on the developer, require the developer to pay to the Crown an administrative penalty in the amount set out in the notice.
(2) Where a contravention or a failure to comply continues for more than one day, the amount set out in the notice of administrative penalty under subsection (1) may include a daily amount for each day or part of a day on which the contravention or non‑compliance occurs or continues.
(3) The amount of an administrative penalty, including any daily amounts referred to in subsection (2), must not exceed $100 000.
(4) A notice of administrative penalty shall not be served more than 4 years after the day on which the contravention or non‑compliance occurred.
(5) A developer who is the subject of an administrative penalty under this section may appeal under section 78.5.
Right to make representations
78.31 Before imposing an administrative penalty in an amount of $500 or more, the Director shall
(a) advise the developer, in writing, of the Director’s intent to impose the administrative penalty and the reasons for it, and
(b) provide the developer with an opportunity to make written representations to the Director.
No offence where administrative penalty paid
78.32 A developer who pays an administrative penalty in respect of a contravention or a failure to comply shall not be charged under this Act with an offence in respect of the same contravention or failure to comply that is described in the notice of administrative penalty.
Enforceability of notice of administrative penalty
78.33(1) Subject to subsection (2), where a developer fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court.
(2) Subsection (1) does not apply where an administrative penalty has been stayed under section 78.51(4).
Court Actions by the Director
Court actions by the Director
78.4(1) In addition to any other remedy under this Act, the Director may bring and maintain an action in the Court against a developer if the Director is of the opinion that the developer
(a) has contravened this Act or the regulations under this Act, or
(b) has not complied with the terms of an undertaking that the developer has entered into.
(2) In an action brought under subsection (1), the Court may
(a) declare that this Act or the regulations under this Act have been contravened;
(b) grant an order requiring the developer to provide any redress the Court considers proper to those persons who suffered damage or loss arising from the contravention of this Act or the regulations;
(c) grant an order in the nature of an injunction restraining the developer from engaging in the practice that gave rise to the contravention of this Act or the regulations;
(d) if the subject of the order is an agreement, grant an order for specific performance of the agreement or grant an order for rescission of the agreement;
(e) grant an order for the restitution of property or money;
(f) award punitive or exemplary damages;
(g) grant any other relief the Court considers proper.
(3) Damages awarded under this section are a debt owing to the Crown in right of Alberta.
Director’s claim for restitution
78.41 If the Court has granted an order under section 78.4 that provides for restitution of property or money to a person who has suffered loss arising from a contravention of this Act or the regulations, the Director may, on behalf of the person or persons, do anything necessary to enforce the order against the personal or real property of the developer who is liable to pay the restitution.
Advertisement of judicial decision
78.42(1) When the Court grants relief under section 78.4, the Court may make a further order requiring the developer to advertise to the public particulars of any order, judgment or other relief granted by the Court.
(2) In making an order under subsection (1), the Court may specify
(a) the methods of making the advertisement so that it will ensure prompt and reasonable communication to consumers;
(b) the contents or form, or both, of the advertisement;
(c) the number of times the advertisement is to be made;
(d) any other conditions the Court considers proper.
Public record
78.43(1) The Director shall maintain a public record of undertakings, Director’s orders, Court orders under section 78.21 or 78.4, administrative penalties and any other prescribed information or documents.
(2) The Director may specify the form of the public record referred to in subsection (1) and which documents must or may be included.
Appeals
Appeal
78.5(1) A developer
(a) to whom an order under section 78.2 is directed, or
(b) on whom a notice of administrative penalty is served under section 78.3
may appeal the order or administrative penalty by serving the Minister with a notice of appeal within 30 days after being notified in writing of the order or being served with the notice of administrative penalty.
(2) A notice of appeal must contain the information and be made in the manner provided for in the Fair Trading Act and the regulations under that Act, with any necessary modifications.
(3) The Minister must, within 30 days after being served with a notice of appeal under subsection (1) and payment of the fee for the appeal as established by the regulations under this Act or the Fair Trading Act, refer the appeal to an appeal board appointed or designated in accordance with the Fair Trading Act and the regulations under that Act, with any necessary modifications.
(4) The Minister may set the time within which an appeal board is to hear an appeal and render a decision and may extend that time.
(5) An appeal board that hears an appeal pursuant to this section may confirm, vary or quash the order or administrative penalty that is being appealed.
(6) An appeal under this section is a new trial of the issues that resulted in the order or administrative penalty being appealed.
(7) An appeal under this section is to be conducted in accordance with the Fair Trading Act and the regulations under that Act, with any necessary modifications.
Effect of appeal
78.51(1) Subject to this section, an appeal under section 78.5(1)(a) does not affect the status or enforceability of the order being appealed.
(2) A developer who is appealing an order under section 78.5(1)(a) may apply to the chair of the appeal board to stay the order being appealed.
(3) On application under subsection (2) and after allowing the Director to make representations, the chair may, if the chair considers it appropriate, order a stay of the order being appealed until the appeal board renders its decision on the appeal or the appeal is withdrawn.
(4) If an appeal is commenced regarding an administrative penalty, the administrative penalty is stayed by the deposition by the developer of an irrevocable letter of credit in the amount of the administrative penalty with the President of Treasury Board and Minister of Finance within 30 days after the date on which the notice of administrative penalty referred to in section 78.3 is served on the person.
Appeal to Court
78.52 The Director or a developer whose appeal is heard by an appeal board may appeal the decision of the appeal board by filing an application with the Court within 30 days after being notified in writing of the decision, and the Court may make any order that an appeal board may make under section 78.5(5).
54 Section 79 is repealed and the following is substituted:
Offences and Penalties
Offences and penalties
79(1) A person who
(a) fails to comply with section 10.1(1), 12(1), 12.2, 13(2), 14(3), (4), (5), (6), (7) or (7.1), 16(2) or 21,
(b) fails to comply with an order of the Director under section 78.2 that has not been stayed,
(c) furnishes false information or misrepresents any fact or circumstance to an inspector or to the Director, or
(d) fails to comply with an undertaking under this Act
is guilty of an offence.
(2) Where a body corporate is convicted of an offence, the body corporate is liable to a fine of not more than the greater of
(a) $100 000, and
(b) 3 times the amount obtained by the body corporate as a result of the offence.
(3) Where an individual is convicted of an offence, the individual is liable to a fine of not more than the greater of
(a) $25 000, and
(b) 3 times the amount obtained by the individual as a result of the offence.
(4) Where a person is convicted of an offence in respect of section 13(2) or 14(3), (4), (5), (6) or (7), the fine provided for the offence may be imposed for each day or part of a day on which the offence occurred or continued.
(5) The total amount of a fine imposed on a person in respect of a continuing offence referred to in subsection (4) may not exceed the amount set out
(a) in subsection (2) for a body corporate, or
(b) in subsection (3) for an individual.
Liability of directors and officers
79.1(1) When a developer that is a body corporate commits an offence under this Act or the regulations, every principal, director, officer, manager, employee or agent of the developer who authorized the act or omission that constitutes the offence or who assented to, acquiesced in or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the developer has been prosecuted for the offence.
(2) When a developer that is a partnership or an owner of a sole proprietorship commits an offence under this Act or the regulations, each partner in the partnership and each manager, employee or agent of the partner or owner who authorized the act or omission that constitutes the offence or who assented to, acquiesced in or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the partner or owner has been prosecuted for the offence.
Vicarious liability
79.2 For the purposes of this Act, an act or omission by an employee or agent of a developer is deemed also to be an act or omission of the developer if the act or omission occurred
(a) in the course of the employee’s employment with the developer, or
(b) in the course of the agent’s exercising powers or performing duties on behalf of the developer under their agency relationship.
Time limit for prosecution
79.3 A prosecution of an offence under this Act or the regulations shall not be commenced more than 4 years after the day on which the offence was alleged to have been committed.
Government’s costs
79.4(1) The Director may require a person who is investigated under this Act and who
(a) is the subject of an order of the Director under section 78.2, or
(b) has entered into an undertaking
to pay the costs that the Government incurs in the investigation or that arose in the process leading up to the issuance of the order of the Director or the entering into of the undertaking.
(2) The Director must notify a person referred to in subsection (1) of the amount of the costs, and the person has 30 days from receiving the notice to file an objection with the Director respecting the amount of the costs.
(3) On receiving an objection within the 30‑day time period specified in subsection (2), the Director must submit the matter to an arbitration process approved by the Minister.
(4) A person who is required to pay costs under subsection (1) is liable to pay
(a) the amount specified in the Director’s notice, if no objection is filed within the 30‑day time period specified in subsection (2), or
(b) the amount specified in the decision of the arbitrator,
and the Director may collect the amount by civil action for debt.
Publication of prosecution information
79.5 Subject to the regulations, the Director may publish particulars of a prosecution of an offence under this Act or the regulations.
Evidence
79.6(1) The Director may administer oaths for the purposes of this Act.
(2) The Director may, by order, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things the Director considers requisite to the full investigation and consideration of matters within the Director’s jurisdiction in the same manner as a court of record may in civil cases.
(3) The Director
(a) may accept any oral or written evidence that the Director considers proper, whether or not it would be admissible in a court of law, and
(b) is not bound by the law of evidence applicable to judicial proceedings.
Copies
79.7 A copy of a document made during an inspection or investigation under this Act and certified to be a true copy by the person who conducted the inspection or investigation is admissible in evidence without proof of the signature or appointment of the person who signed the certificate and, in the absence of evidence to the contrary, the copy has the same probative force as the original.
Protection from liability
79.8 No action lies against the Crown or its employees, officers, agents or delegates or a member of an appeal board under the Fair Trading Act hearing an appeal under this Act for anything done or omitted to be done by any of them in good faith while exercising their powers and performing their duties under this Act or the regulations.
55 Section 81 is amended
(a) by adding the following after clause (c):
(c.1) providing for the appointment of an interim board of directors under section 10.1;
(c.2) respecting the form and the manner of delivering the information and documents described in section 12;
(c.3) respecting the preparation of a statement referred to in section 12(1)(k);
(c.4) respecting the preparation of a budget or proposed budget referred to in section 12(l)(l);
(c.5) respecting the consequences of a developer delivering to a purchaser a budget or proposed budget referred to in section 12(1)(l) that contains one or more misrepresentations;
(c.6) respecting occupancy of a unit, including, without limitation, the remedies available to a purchaser if there is a delay in occupancy of the unit;
(c.7) respecting material changes in the information and documents provided by a developer to a purchaser under section 12, including, without limitation, the remedies available to a purchaser under section 13.1(4);
(c.8) respecting the manner of delivering written notice under section 13.1(3);
(c.9) prescribing documents, records and other property that is the property of the corporation;
(c.91) respecting the preparation of a building assessment report required by section 21.1, including but not limited to
(i) any assessments or inspections that must be completed for inclusion in the building assessment report,
(ii) any information that must be included in the building assessment report,
(iii) the form of the building assessment report,
(iv) the qualifications of the person preparing the building assessment report, and
(v) persons to whom the building assessment report must be submitted;
(b) in clause (d) by adding the following after subclause (v):
(v.1) respecting trust accounts, including, without limitation, regulations respecting
(A) the administration of trust accounts,
(B) the records to be kept respecting trust accounts and the period of time that those records are to be maintained, and
(C) the audit of trust accounts;
(v.2) prescribing trustees and their duties in respect of trust accounts;
(c) by adding the following after clause (d):
(d.1) respecting the termination of agreements;
(d) by adding the following after clause (f):
(f.1) respecting the application of sections 10.1 to 16.1 to the purchase and sale of conversion units;
(f.2) respecting proxies;
(f.3) respecting the notice requirements for general meetings;
(f.4) respecting other notices required to be given with respect to a general meeting;
(f.5) respecting the convening of a special general meeting;
(f.6) respecting procedures for voting under sections 26.3, 26.4 and 26.6 where a unit is owned by 2 or more persons;
(f.61) respecting the notice of the results of a vote in writing under section 26.6;
(f.62) respecting the retention of original votes for the purpose of section 26.7;
(f.63) respecting the conducting of a vote by electronic means for the purpose of section 26.8;
(f.7) respecting rules that may be made under section 32.1, including prohibiting rules or types of rules that may be made;
(f.71) respecting the method of informing owners and tenants for the purpose of section 32.1(4);
(f.8) respecting the bylaws of the corporation to be in force for the purpose of section 33;
(f.81) respecting sanctions imposed under bylaws made under section 35;
(f.82) authorizing monetary sanctions;
(f.83) regulating the charging of fees by a corporation;
(f.84) providing for the forum for the enforcement of sanctions under section 36(1)(a);
(f.9) respecting other costs that may be paid from the reserve fund;
(f.91) respecting other replacements for the purposes of section 38(4)(b);
(f.92) respecting the borrowing of money by a corporation;
(f.93) respecting other basis for levying contributions for the purpose of section 39(1)(a)(ii);
(f.94) respecting amounts for the purpose of section 39(2)(d);
(f.95) respecting other purposes for which a special levy may be levied;
(f.96) respecting other bases for determining each unit share for the purpose of section 39.1(1)(c)(ii);
(e) by adding the following after clause (g):
(g.1) prescribing reasonable expenses for the purpose of section 42(b);
(g.2) prescribing the information and documents to be provided under section 44, including, without limitation, regulations respecting the time, form and manner of providing the information and documents;
(g.3) respecting the fees a corporation may charge for producing and providing any information or documents referred to in section 44.1;
(f) by repealing clause (h) and substituting the following:
(h) for the purposes of section 47, generally respecting the insurance obligations of a corporation and an owner, including, without limitation, regulations
(i) prescribing the perils that must be insured against,
(ii) respecting the responsibility for payment of deductibles under a policy of insurance placed by the corporation, and
(iii) respecting the responsibility of the corporation or an owner, or both, to make repairs or to replace property arising from damage to a unit or the common property;
(h.1) respecting the transfer or lease of the real property of the corporation or the common property under section 49, the grant of an easement or restrictive covenant burdening a parcel under section 52 or the transfer of a building or parcel on the termination of its condominium status under section 63;
(h.2) respecting the deposit a corporation may require under section 53 and the manner in which it is held and in which the deposit and interest earned, if any, are repaid;
(g) in clause (p) by striking out “capital replacement”;
(h) in clause (q) by striking out “30(3)” and substituting “30(4)”;
(i) by adding the following after clause (s):
(s.1) respecting the skills, education, competencies and experience of condominium managers;
(j) in clause (t) by striking out “managers of corporations” and substituting “condominium managers”;
(k) in clause (u.1) by striking out “43(1)” and substituting “43”;
(l) by adding the following after clause (u.1):
(u.2) prescribing the form and contents of notices of administrative penalties and the manner in which the notices are required to be given;
(u.3) prescribing contraventions in respect of which an administrative penalty may be imposed and prescribing the amounts, or the manner of determining the amounts, of the administrative penalties that may be imposed under section 78.3;
(u.4) respecting any other matter necessary for the administration of the system of administrative penalties;
(u.5) respecting fees for filing appeals;
(u.6) respecting any matter necessary for the administration of appeals;
(u.7) providing with respect to any provision of the regulations that its contravention constitutes an offence;
(u.8) prescribing penalties in respect of offences created under clause (u.7);
(u.9) governing the publication of particulars of a prosecution for the purpose of section 79.5, including, without limitation, the information that may be published and the times at which and the manner in which it may be published;
(u.91) respecting non‑residential units, including, without limitation, regulations modifying or exempting the application of provisions of this Act or the regulations to non‑residential units;
(u.92) defining any word or expression that is used but not defined in this Act;
56 Appendices 1 and 2 are repealed.
Transitional regulations
57 The Lieutenant Governor in Council may make regulations providing for the transitional application of the amendments to the Condominium Property Act made by this Act.
58 Sections 26(6)(b) and 28.1(1)(c) are amended by adding “or the Tribunal” after “a court”.
Amends RSA 2000 cM‑26
59 The Municipal Government Act is amended in section 423(1)(c) by striking out “39(12)” and substituting “39.2(11)”.
Amends RSA 2000 cR‑5
60(1) The Real Estate Act is amended by this section.
(2) Section 1(1) is amended
(a) by repealing clause (d) and substituting the following:
(d) “business of an industry member” means the trades of a real estate broker, the activities of a real estate appraiser referred to in clause (u.1), the dealings of a mortgage broker or the activities of a condominium manager undertaken by an industry member;
(b) by adding the following after clause (e):
(e.1) “condominium board” means a board as defined in the Condominium Property Act;
(e.2) “condominium corporation” means a corporation as defined in the Condominium Property Act;
(e.3) “condominium management service” means the exercising of a power or the performing of a duty of a condominium corporation on behalf of the condominium corporation, including but not limited to
(i) collecting, holding or disbursing or attempting to collect, hold or disburse contributions levied by the condominium corporation or other amounts levied by or due to the corporation under the Condominium Property Act,
(ii) enforcing the bylaws or rules of the corporation,
(iii) negotiating or entering into contracts on behalf of the condominium corporation, and
(iv) supervising employees or contractors hired or engaged by the condominium corporation,
but does not include any activity excluded by the regulations;
(e.4) “condominium manager” means
(i) a person who, for consideration or other compensation, either alone or through one or more persons, provides a condominium management service to a condominium corporation, or
(ii) a person who holds out that the person is a person referred to in subclause (i);
(c) by repealing clause (n) and substituting the following:
(n) “industry” means the real estate broker industry, the real estate appraiser industry, the mortgage broker industry and the condominium manager industry;
(d) by repealing clause (o) and substituting the following:
(o) “industry member” means any person who holds an authorization as a real estate broker, a real estate appraiser, a mortgage broker or a condominium manager, or as any category or class of real estate broker, real estate appraiser, mortgage broker or condominium manager, issued by the Council;
(e) by repealing clause (s.1) and substituting the following:
(s.1) “property management” includes any of the following:
(i) leasing or offering to lease real estate or negotiating or approving, or offering to negotiate or approve, a lease or rental of real estate;
(ii) holding money received in connection with an activity referred to in subclause (i);
(iii) collecting, or offering or attempting to collect, on behalf of the owner or other person in charge of real estate, money payable as rent for the use of real estate;
(iv) advertising, negotiating or carrying out any other activity, directly or indirectly, for the purpose of furthering an activity referred to in subclauses (i) to (iii);
(f) in clause (x)
(i) by repealing subclause (vii);
(ii) in subclause (viii) by striking out “(vii)” and substituting “(vi)”.
(3) Section 2 is amended
(a) by repealing subsection (1)(c.1);
(b) by adding the following after subsection (5):
(6) This Act, as it relates to carrying out a condominium management service, does not apply to a condominium corporation in respect of managing its own affairs.
(4) Section 12 is amended
(a) by repealing clause (a) and substituting the following:
(a) prescribing or adopting standards of conduct and business standards for industry members, including skills, education, competencies and experience;
(b) by repealing clause (j.1) and substituting the following:
(j.1) regulating the business of an industry member on the industry member’s own behalf;
(5) Section 17 is amended
(a) by striking out “or” at the end of clause (c) and adding the following after clause (c):
(c.1) act as a condominium manager, or
(b) in clause (d) by adding “, condominium manager” after “real estate broker”.
(6) Section 22 is amended by striking out “or” at the end of clause (c), adding “or” at the end of clause (d) and adding the following after clause (d):
(e) in the case of a condominium management service, the person sought to be charged has as a result of the services of the condominium manager employed by that person for the purpose received the services of a condominium manager.
(7) Section 25 is amended
(a) in subsection (1)
(i) in clause (a) by striking out “in respect of a dealing or trade for that person,” and substituting “in respect of a dealing, trade or condominium management service for that person,”;
(ii) in clause (b)
(A) by striking out “of a dealing or trade” and substituting “of a dealing, trade or condominium management service”;
(B) by striking out “the dealing or trade” and substituting “the dealing, trade or condominium management service”;
(iii) in clause (c) by striking out “of a dealing or trade” and substituting “of a dealing, trade or condominium management service”;
(iv) in clause (d) by striking out “of a dealing or trade” and substituting “of a dealing, trade or condominium management service”;
(b) in subsection (2) by striking out “of a dealing or trade” and substituting “of a dealing, trade or condominium management service”.
Amends SA 2007 cU‑1.5
61 The Unclaimed Personal Property and Vested Property Act is amended in section 28(1)(c) by striking out “39(12)” and substituting “39.2(11)”.
Coming into force
62 This Act comes into force on Proclamation.
