Regulations supporting certain amendments to the Condominium Act, 1998 are being proposed relating to:
- Condominium Returns which Condominium Corporations are going to have to file with the Registrar (appointed by the CAO); and,
- the creation of the publicly accessible Database of information about Condominium Corporations in Ontario.
These changes are anticipated to come in to effect in early 2018.
The Summary and proposed Regulation provisions are available here.
Condominium Corporations may have to file any of the four types of Returns proposed (depending on whether the Condominium Corporation is created before or after the Return provisions are in force), which include:
- Initial Return
- Turn-Over Return
- Transitional Return
- Annual Return
If the Condominium Corporation was created after the Return provisions come into force, the Condominium Corporation would have to file an Initial Return and Turn-Over Return.
If the Condominium Corporation was created prior to these Regulations being in force it would have to file a Transitional Return.
In addition, each Condominium Corporation will also have to file an Annual Return.
The required content for the Transitional and Annual Returns are similar in content to each other. The information required includes basic identifying information (name of Condominium and type of Condominium, address for service, municipal address) as well as information about the names of directions, number of units, maximum number of votes that could be counted at an owners meeting, management information, fiscal year, whether an administrator or inspector is appointed by the Court, and the date of the last AGM. A Condominium Corporation may choose to provide an email address as well.
Annual Returns must be filed between January 1 and March 31 of the current fiscal year.
Notices of Change are also required to be filed with the Registrar to update various changes to the information in the Returns, within 30 days of the change.
Returns and Notices of Change will be filed electronically other another method prescribed by the Registrar.
The proposed publicly accessible database will be available for non-commercial purposes. It will be accessible on the Internet, will be maintained by the Registrar, and will contain all of the information filed by Condominium Corporations in their respective Returns (except email addresses, if provided) as well as any information about s. 134 orders against the Condominium Corporation that relate to non-compliance with provisions dealing with condominium Returns.
Stay tuned to Condo Law News for more blogs about amendments to the Condominium Act and upcoming events .