Canada: One Year After The Amendments To The Condominium Act – Are We Any Better Off?

 It's been a rollercoaster year, to say the least, for Ontario's condominium industry in our collective efforts to implement the changes to the Condominium Act, 1998 (the "Act"). As every reader knows, these changes first came into effect on November 1, 2017, they represent only the first phase of a series changes which are planned and in the Act (and to its regulations) but are not yet "in-force" and the regulations for these have not been released. It remains to be seen as to whether the new provincial government will implement these other changes.

After getting through the panic, the multitude of new timelines, the new procedures and, yes, all of those forms, the one year anniversary of the first changes is an appropriate time to reflect on these changes and ask the question: "Are condominium corporations, their unit owners, and our industry really better off?".

  • Notices of Owners' Meetings: After the initial adjustment and cost of having two mail-outs, the overall impact is a fairly positive one. The circumstances where owners complain that they were not aware in advance of the upcoming owners' meeting has been significantly reduced. There is also a marked improvement in the ability of prospective director candidates to give notice of their candidacy to the Corporation and to have their information included in the meeting packages. The fact that all director candidates must also complete a disclosure form (attesting to certain statements) and to have those disclosure forms included in the meeting package fortifies the legitimacy of the election process.
  • Requisition Meetings: The Act still requires a Board of Directors to call and hold a meeting of owners within 35 days of receiving a requisition pursuant to subsection 46(1). However, with the new requirement for the Corporation to send a preliminary notice of meeting, this leaves little to no time for the Corporation to receive and review the requisition, and to possibly consult with legal counsel as to the validity of the requisition, before having to call the meeting. More time for the Corporation to review the requisition and obtain legal advice would significantly reduce the panic and stress often associated with a requisition.
  • The New Form of Proxy: Having a standardized proxy form which owners are obligated to use is a good thing. However, the complicated nature of the proxy form, with multiple fields, and the accompanying instructions ignores its recipient audience and, in some respects, increases confusion as to the intentions of the owner giving the proxy. For example, what if the proxy is initialed by the owner in some areas, but the owner innocently omitted to initial in others?
  • Owners should not be required to have a law degree to be able to successfully complete a proxy form. Also, the new proxy form does little to safeguard against issues of proxy fraud which have plagued some Corporations in the past where individuals forge an owner's signature on a proxy form.
  • Information Certificates: The periodic information certificate contains valuable basic information which, surprisingly, many owners may not be aware of. Owners should be aware of who their directors or their property management company are at any given time, whether the Corporation is a party to a legal action, or what the amount of the Corporation's insurance deductible is. While the completion of the periodic certificate is not particularly onerous, sending it out once a year (as opposed to required twice a year) would have likely been sufficient and would have resulted in cost-savings for a lot condominiums, especially given that a condominium is required to send an information change update in the event of specific changes such the directors, quorum on the board of directors, or a change in the condominium's property management provider.
  • Records Requests: Like the proxy form, having a standardized form by which an owner can submit a records request and expect a timeline for a response is a favourable change. The legislative amendments provide a mechanism by which the owner and the Corporation can track an owner's record requests and the responses given. However, in practice, difficulties arise in the response process which has been made more complicated than often needs to be. If an owner has a simple request for a copy of a record, many property managers would prefer to respond by sending out the record to the owner as opposed to taking the time to complete the responding form. This is a shortcoming in the process. Further, the regulations dealing with all parts of records, retention, and requests are lengthy and not particularly straightforward.
  • Directors' Training: The requirement that directors appointed, elected or re-elected on or after November 1, 2017, receive mandatory training is a positive change. The Condominium Authority of Ontario directors' training program (which is free) provides an accessible and comprehensive program on the various topics which all directors should be familiar with. If directors are not willing to take the time after their election or appointment to complete the mandatory directors' training course then it is correct that they should not be permitted to continue as a director.

While the above changes are, in most cases, a step in the right direction, there remain a number of critical changes which have yet to be implemented. It has now been three years since the amendments received royal assent and our industry (and indeed all condominium unit owners) are still waiting for the rest of Act's changes to come into force. These changes are important and significant, dealing with topics such as the adequacy of reserve funds, developer disclosure obligations, and modifications to the common elements and services. Hopefully, they will come into effect in a reasonable well considered timeline.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

David Thiel
In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions