C.A.T. Update
Previously in this blog (specifically, here) we discussed the new non-profit, self-financed tribunal to be established by the proposed Condominium Authority under the provisions of the Protecting Condominium Owners Act, 2015, (AKA Bill 106), which is to be known as the Condominium Authority Tribunal (“CAT”).
At the time that prior entry was published, the legislation was merely proposed. Since then, it has passed its third reading and obtained Royal Assent (it is now law in all but actual effect), and during that process some of the provisions of the statute relating to the CAT were amended. While the changes weren't major, they warrant us giving you this brief update.
Timing of the Regulations
As readers of this blog know, most of the substantive changes to the law introduced by Bill 106 will in fact be contained in regulations rather than in the statute itself. Therefore, although Bill 106 has obtained Royal Assent, most provisions are unlikely to be proclaimed in force and effect until the regulations pertaining to them are ready.
This is true of the CAT, so we spoke with the Ministry of Government and Consumer Services to find out about the timing of these regulations. We were told that we can expect to see the regulations regarding the CAT sometime in 2017. The Ministry also confirmed that prior to their approval the regulations will be posted in the Service Ontario Regulations Registry (visit it here) for public review and comment prior to coming into force.
Some New Information about the Jurisdiction of the CAT
One of the things we are waiting to find out from the regulations (as noted in our previous entry on the CAT) is the range of its jurisdiction; that is, the scope and types of disputes the CAT will have jurisdiction to hear. As we've discussed previously, Bill 106 does identify a few disputes that we know cannot be submitted to the CAT:
- The determination of title to real property;
- disputes relating to condominium liens;
- amalgamation or termination of condominium corporations;
- easements created upon registration of the condominium; and
- occupier’s liability of the condominium corporation over the common elements.
In addition, the revisions made to Bill 106 prior to it receiving Royal Assent indicate that the CAT will also not have the authority to make an order requiring a person to vacate a property permanently. The use of the word “permanently” in this context leaves open the possibility that the CAT might have the authority to order a person to vacate the property temporarily . Such temporary orders could be required in order to allow completion of significant remediation to a unit, such as in cases where mould or hoarding has been issue.
A Teaser
This new clarification relating to the jurisdiction of the CAT is related to another significant revision made in the new legislation. Under the current provisions of Condominium Act, 1998, condominium corporations may make an application in the Superior Court of Justice to terminate a lease - essentially to evict a tenant - under one of two very specific circumstances. The revisions to Bill 106 introduced in time for third reading and Royal Assent repeal that section of the Act and add new provisions that deal with the permanent removal of a person (tenant or otherwise) from the property. Stay tuned for a future blog entry discussing how the new legislation deals with evictions.