Condominium Returns – Draft Regulations

Earlier this month, the Ontario government released draft regulations (the “Regulations”) concerning various returns to be filed with the Registrar.

The public can comment on the Regulations until August 22, 2017.

The key elements of the Regulations are as follows:

Types of Returns

The four types of returns and the deadlines for filing for each are as follows:

 

 

 

1. Annual Return — between January 1 and March 31 of each year
2. Initial Return – for new condominiums – within 90 days of registration
3. Transitional Return – within 90 days of the Regulations coming into force
4. Turn-over Return – within 90 days of the turn-over meeting

All of the returns require a long list of basic information including, but not limited to, the following:

• Address for service, municipal address
• Total number of units, total number of voting units
• Names of directors
• Name and address of property management company

Each type of return also requires certain specific additional information.

 

Notice of Change

A corporation must file a Notice of Change (outlining changes in various issues) with the Registrar within 30 days of the change. The applicable changes include, but are not limited to:

• Every change in the address for service for the corporation
• Every change in the electronic mail address for the corporation
• Every change in the property management company, or in the address for service for same

Keep in mind that the Condominium Act, 1998 itself (not the Regulations) specifically requires the Notice of Change where there is a change in directors elected or appointed to the Board.

 

Public Registry

The Regulations also set out the details of a Registry which is to be made available to the public on the Condominium Authority of Ontario’s website (and possibly other means).

The Registry will contain certain information from the aforementioned returns, including, but not limited to:

• The address for service for the corporation
• The municipal address for the corporation
• The total number of units in the corporation, and the total number of voting units
• The names of the directors of the corporation
• The name and address for service of the property management company

The Regulations place some limits on the availability of the aforementioned public information including that the information is not to be made available in bulk (subject to certain exceptions) and that the person accessing the information has agreed to use the information for personal purposes only.

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The Ministry has stated that the Regulations and associated Condominium Act, 1998 amendments are to come into force in early 2018.

This has been a very broad overview, and some exceptions to the foregoing may apply depending upon the circumstances.

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