Navigating the New Bill (Part 1 of 3)
Before we get into discussing Bill 106’s contents and effects in detail, we thought it might help to explain how to read it.
Reading legislation can be challenging at the best of times. Reading a bill like this one, that amends and creates several distinct pieces of legislation, can be like traipsing through a muddy stream on a rainy day. So, in this three-part blog entry, we provide our guide to reading Bill 106. In this Part 1, we discuss the outline and organization of the Bill. Part 2 will explain its formatting and how that affects its reading. Part 3 will talk about some of its other complexities, such as how it sometimes amends not only other legislation but even itself.
PART 1 – OUTLINE & ORGANIZATION
The first thing to note is that Bill 106 has only three sections and two schedules.
Section 1 says that the Bill contains two other sections and schedules. Helpful. Section 2 discusses when the Bill comes into force. And section 3 names the Bill (when it comes into force as legislation) as the Protecting Condominium Owners Act, 2015.
The schedules are where the real substance lies, and where the reading gets really difficult.
Schedule 1 is titled, “Amendments to the Condominium Act, 1998 and Other Amendments,” and contains exactly what the title says. Schedule 2 contains and creates the “Condominium Management Services Act, 2015”.
So, note that Bill 106 is not a new Condominium Act. It is legislation intended to make or amend other legislation. Therefore, when the Bill comes into force it will actually fade into the background and, when discussing condominium law in Ontario, we will still be referring exclusively to the Condominium Act, 1998, “as amended”, along with the new, Condominium Management Services Act, 2015.
Making Sense of Schedule 1
As noted, Schedule 1 amends the existing Condominium Act, 1998 (which will retain that name) and it makes changes to several other statutes. Throughout the schedule are headings indicating which pieces of legislation are being changed under which sections.
Note that under each heading, the statute being amended may sometimes be referred to simply as “the Act”, so that term, within Bill 106, can refer to different statutes in different places. You have to know what heading you are under in order to be certain.
For your reference:
· Sections 1 through 142 of Schedule 1 of Bill 106 amend the Condominium Act, 1998;
· Section 143 amends the Building Code Act, 1992;
· Section 144 amends the Development Charges Act, 1997;
· Section 145 amends the Education Act;
· Section 146 amends the Land Titles Act;
· Section 147 amends the Land Transfer Tax Act;
· Section 148 amends the Line Fences Act;
· Section 149 amends the Mortgages Act;
· Section 150 amends the Ontario New Home Warranties Plan Act;
· Section 151 amends the Planning Act;
· Section 152 amends the Registry Act;
· Section 153 amends the Residential Complex Sales Representation Act; and
· Section 154 amends the Strong Action for Ontario Act (Budget Measures), 2012.
Some of these amendments are minor while others make substantial changes to the legal landscape for condominium owners and developers.
What’s Up with Schedule 2?
As noted above, Schedule 2 of the Bill creates its own entire statute separate and apart from the Condominium Act, 1998: The Condominium Management Services Act, 2015. It should be noted, however, that within this new Act are also amendments to other legislation. For example, section 79 amends provisions in the Condominium Act, 1998; section 80 amends the Licence Appeal Tribunal Act, 1999; and section 81 even amends the not-yet-in-force Protecting Condominium Owners Act, 2015.
That last comment raises again that point of complexity in reading the Bill that we mentioned earlier: sometimes it amends itself. And with that little teaser, we invite you to read the rest of our guide to reading Bill 106 in our next two blog entries where we will explain the formatting and weird functioning of the Bill.