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Release date: August 28, 2020
As many of our members are aware, since its inauguration in November 2017, the Condominium Authority Tribunal (the “CAT”) has only had jurisdiction to deal with disputes over condominium records. This will change on October 1, 2020. The Ontario government announced on August 26th, 2020 that effective October 1st, amendments to Ontario Regulation 179/17 under the Condominium Act, 1998 will expand the jurisdiction of the CAT to handle more types of disputes.
The matters that will fall within the CAT's expanded powers include disputes arising from a corporation’s declaration, by-laws or rules that relate to:
- pets or other animals;
- vehicles (including automobiles, motorcycles, vans, trucks, trailers, buses, mobile homes, farm tractors, bicycles, motor-assisted bicycles, motorized snow vehicles, motorboats, rowboats, canoes, kayaks, punts, sailboats, rafts, aircrafts, devices used to facilitate the transport of a person with a disability, or any other vehicle drawn, propelled or driven by any kind of power, including muscular power);
- parking and storage; and
- chargebacks related to all of the above.
In order to ensure that the above disputes are redirected away from mediation, arbitration and the courts to the CAT, subsections 132(4.1) and 134(2.4) will also come into effect on October 1, 2020. This change is significant as it will have an impact on many common disputes in condominium environments. Both owners and condominium corporations will have an obligation to have these disputes heard by the CAT; they may no longer be resolved through mediation, arbitration, or the courts.
The CAO’s website indicates that more information is to be announced in the coming weeks. We will continue to advise our members as such information becomes available.
Visit CAO’s webpage announcement with examples of disputes here:
https://www.condoauthorityontario.ca/en-US/news-and-media/regulatory-changes-pave-the-way-for-expansion-of-the-condominium-authority-tribunal/
Read the amendments to Ontario Regulation 179/17 here: https://www.ontario.ca/laws/regulation/170179
Read the amendments to the Condominium Act subsections 132(4.1) and 134(2.4) here: https://www.ontario.ca/laws/statute/98c19#BK267
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