Andrea Lusk B.Sc. (Hons), LL.B Associate Lawyer Gardiner Miller Arnold LLP
Legislative Changes
The Grey Areas Upcoming and Proposed Changes to the Condo Act Changes to the Condominium Act, 1998 (the “Act”) have been trickling in over the past 3 years. When the revamp of the Act was first announced, we all watched and speculated on what was to be enacted first and debated how the changes would affect procedures in place. Now, somewhat settled into the new regime, what? Anyone reading the legislation electronically on the Ontario government’s website has seen the “grey areas” – shaded boxes which appear after certain sections, and which may repeal, revoke or add something new to the Act in the … foreseeable(?) … future.
Prohibited Conditions and Activities 117 (1) No person shall, through an act or omission, cause a condition to exist or an activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual.
Same (2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of, (a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation; or (b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation. (emphasis added)
The prescribed “nuisance, annoyance or disruption” definition would be added to O. Reg. 48/01 as a new section 26. It prohibits any person from causing unreasonable odour, smoke, vapour, light, vibration or infestation by any vertebrate or invertebrate animal or any virus(!), fungus, bacterium or other organism. O. Reg. 179/17 would also be amended to include disputes related to the above and declaration, by-law and rules dealing with nuisances, vehicles, parking, storage and pets or other animals to disputes that can be heard by the Condominium Authority Tribunal (“CAT”) (which is currently only empowered to hear records disputes). CONDOVOICE SUMMER 2020
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ILLUSTRATION BY CLAYTON HANMER
It’s most likely that the next “grey area” to be enacted is that dealing with s. 117 of the Act which, in its current form, succinctly prohibits conditions or activities likely to cause damage or injury. The current wording of s. 117 is to be repealed and substituted with: