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Bill PR46, Base31 Community Association Act, 2026

Allsopp, Tyler

Current status:

Royal Assent received. Statutes of Ontario 2026,

chapter Pr26

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Bill PR46 Royal Assent (PDF)

Bill PR46 2026

Act respecting Base31 Community Association

Preamble

Base31

Community Association has applied for special legislation to require all

persons having a real property interest in the area to be developed as a

mixed-use community to be members of the Association and to be bound by its

by-laws and to give the Association a right to enforce members’ financial

obligations to the Association by registering a lien against their real

property that is Base31 land. The applicant represents that Base31 is a

proposed mixed-use community in Prince Edward County. The applicant further

represents that it is a corporation.

is appropriate to grant the application.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“Association”

means Base31 Community Association;

“Base31”

means the mixed-use community, which may include residential, commercial,

industrial, institutional, recreational, arts and cultural uses and facilities

located on Base31 land;

“Base31

land” means,

(

a) the

land described in

Schedule 1, and

(

b) land

not described in

Schedule 1 that is deemed to be Base31 land under subsection 7

(3),

and

includes each lot into which land described in clause (

a) or (

b) is subdivided,

but does not include land that is deemed not to be Base31 land under subsection

8 (3);

“lot”

means a parcel of land,

(

a) described

in a deed or other document legally capable of conveying land, or

(

b) shown

as a lot or block on a registered plan of subdivision,

and

includes a condominium unit under the Condominium Act,

1998 ;

“owner”

means the owner of an estate in fee simple registered under the Land Titles Act or the Registry Act .

Association

continued

(1) The

Association is continued as a corporation without share capital under the name

Base31 Community Association.

Members

continued

(2) The

persons registered as members of the Association immediately before this Act

comes into force are continued as members of the Association.

Board

of directors, officers continued

(3) The

members of the board of directors and officers of the Association in office

immediately before this Act comes into force are continued in office until

their successors are elected or appointed under this Act.

Certificate

of incorporation revoked

(4) The

certificate of incorporation of the Association is revoked, but its revocation

does not affect the rights or obligations of the Association or any by-law or

resolution of the Association except to the extent that it is inconsistent with

this Act.

Special

Act corporation

(5) The

Association is deemed to be a corporation incorporated by a special Act.

Objects

(1) The

objects of the Association are,

(

a) to

acquire, own, lease, maintain, manage and operate the Base31 assets for which

it has responsibility pursuant to the by-laws of the Association;

(

b) to

facilitate the development of and promote Base31;

(

c) to

provide its members with services related to the operation of Base31, including

an integrated program of activities, attractions and events, marketing

services, maintenance services and information services;

(

d) to

liaise with all levels of government on matters pertaining to Base31 or to the

members of the Association, including acting as liaison between Prince Edward

County and the members of the Association on municipal matters that relate to

Base31 land that is open to the public or to the operation of Base31; and

(

e) to

participate in financial arrangements that fund and maintain infrastructure

that relates to part or all of Base31.

Not

to be carried on for gain

(2) The

Association shall be carried on without the purpose of gain for its members and

any profits or other accretions to the Association shall be used in promoting

its objects.

Membership

(1) Every

owner of Base31 land is a member of the Association.

Same

(2) The

Association may also grant membership, in accordance with the by-laws of the

Association, to a person who applies for it if the person,

(

a) owns

or carries on a business on Base31 land;

(

b) leases

Base31 land;

(

c) is

an agent of an owner of Base31 land; or

(

d) belongs

to a class of persons identified in the by-laws of the Association as being

entitled to be granted membership in the Association.

Base31

land subject to Act, by-laws

Base31

land is subject to this Act and to the by-laws of the Association without

registration on the title, except as required by

section 6.

Notices

registered on title

Notice

of designation

(1) The

Association shall register on every title of Base31 land in the proper land

registry office a notice that such land is designated as Base31 land.

Notice

of termination of designation

(2) Where

the designation as Base31 land has been terminated in accordance with

subsection 8 (2), the Association shall register an application to delete the notice of designation on

title to that land in the proper land registry office.

Forms

(3) A notice of designation of Base31 land and an application to delete the notice of designation of Base31 land may contain language similar to that contained in

Schedules 2 and 3, respectively, or in such other form as may be required under

the Land Titles Act or the Registry

Act .

Application

to include non-scheduled land as Base31 land

(1) An

owner of a lot in Prince Edward County that is not included in the land

described in

Schedule 1 may apply to the Association to designate the lot as

Base31 land.

Approval

(2) The

Association may approve an application under subsection (1), subject to any

terms or conditions it considers appropriate and, upon approving an

application, shall register the notice described in subsection 6

(1) designating the lot to be Base31 land.

Lot

deemed to be Base31 land

(3) Upon

registering the notice under subsection (2), the lot is deemed to be Base31

land for the purposes of this Act and the requirement that the Association

register a notice under subsection 6 (1) designating the land as Base31 land is

satisfied.

Application

to terminate designation

(1) An

owner of a lot that is included in the land described in

Schedule 1 or that is

designated as Base31 land pursuant to

section 7 may apply to the Association to

terminate the designation of the lot as Base31 land.

Approval

(2) The

Association may approve an application under subsection (1), subject to any

terms or conditions it considers appropriate and, upon approving the

application, shall register the application described in subsection 6

(2) terminating the designation of the lot as Base31 land.

Lot

deemed not to be Base31 land

(3) Upon

registering the application under subsection (2), the lot is deemed not to be

Base31 land for the purposes of this Act.

Board

of directors

(1) The

composition and election or appointment of the Association’s board of directors

shall be as set out in the by-laws of the Association.

Director

need not be a member

(2) A

director of the Association is not required to be a member of the Association.

By-laws

(1) The

board of directors of the Association may pass by-laws necessary to manage the

Association’s business and affairs and to carry out its objects.

Same

(2) Without

limiting the generality of subsection (1), the board of directors of the

Association may pass by-laws,

(

a) establishing

classes of membership in the Association and governing the interests, rights

and obligations of the members and of each class of members;

(

b) governing

the admission of persons to membership in the Association and the termination

of such membership;

(

c) governing

the composition and election or appointment of the board of directors,

including the election of directors by classes of members;

(

d) prescribing

fees payable by the members and, in doing so, may differentiate between

different classes of members and members within a class;

(

e) requiring

that interest and related costs be paid on any late fees, and prescribing the

rate of interest and related costs;

(

f) governing

applications under sections 7 and 8, including prescribing criteria for

approving or refusing an application;

(

g) specifying

any restrictions and obligations imposed by Prince Edward County that are to be

monitored and enforced by the Association.

By-laws

binding on Association and members

(3) The

by-laws of the Association bind the Association and its members to the same

extent as if the by-laws had been signed and sealed by the Association and each

member and as if the by-laws contained covenants on the part of the Association

with each member and on the part of each member with every other member and

with the Association to comply with all the by-laws.

Municipal

by-laws, agreements, Acts, etc., prevail

(4) In the

event of a conflict between a by-law of the Association and any of the

following, the following prevails:

1. A

municipal by-law.

2. A

subdivision or other agreement with a municipality that is registered on title

to the Base31 land.

3. A

provision of the Planning Act or of any regulation

or order made under that Act.

Reserve

funds

(1) The

Association shall establish and maintain one or more reserve funds to be used

solely for the purpose of major repair and replacement of the Base31 assets for

which it has responsibility pursuant to the by-laws of the Association.

Contributions

to reserve funds

(2) The

Association shall collect contributions to a reserve fund from the members of

the Association as part of their fees. The total amount of contributions to a

reserve fund shall be the amount that is reasonably expected to provide

sufficient money for the major repair and replacement of the Base31 assets

referred to in subsection (1), calculated on the basis of their expected repair

and replacement costs and their life expectancy.

Income

earned

(3) Interest

and other income earned from the investment of money in a reserve fund shall

form part of the fund.

Reserve

fund study

(4) The

Association shall conduct periodic studies to determine whether the amount of

money in its reserve funds and the amount of contributions collected by the

Association are adequate to provide for the expected costs of major repair and

replacement of the Base31 assets referred to in subsection (1).

Future

funding

(5) Upon

receipt of a reserve fund study, the board of directors of the Association

shall determine the funding requirements that will ensure that, within the

periods of time and in accordance with the recommendations set out in the

study, the fund will be adequate for the purpose for which it was established

and the board of directors shall cause to be collected the necessary

contributions to the reserve fund.

Use

of reserve fund

(6) No

part of a reserve fund shall be used except for the purpose mentioned in

subsection (1).

Board’s

use

(7) The

board of directors of the Association does not require the consent of the

owners of Base31 land to make an expenditure out of a reserve fund.

distribution

(8) The

amount of a reserve fund shall constitute an asset of the Association and shall

not be distributed to the mortgagees of Base31 land or, except on termination

of the Association, to the members of the Association.

Application

for relief from oppression

(1) A

member, director or officer of the Association or any other person who, in the

discretion of the court, is a proper person to make an application, may apply

to the Superior Court of Justice for an order under this section.

Same

(2) Upon

an application under subsection (1), the court may make any order it considers

appropriate to rectify the matter complained of if the court is satisfied that,

(

a) an

act or omission of the Association effects, or threatens to effect, a result

that is oppressive or unfairly prejudicial to, or unfairly disregards the

interests of, any person referred to in subsection (1);

(

b) the

business or affairs of the Association are, have been or are threatened to be

carried on or conducted in a manner that is oppressive or unfairly prejudicial

to, or unfairly disregards the interests of any person referred to in

subsection (1); or

(

c) the

powers of the directors or members of the Association are, have been or are

threatened to be exercised in a manner that is oppressive or unfairly

prejudicial to, or unfairly disregards the interests of, any person referred to

in subsection (1).

Debt

to Association

(1) A

fee levied under the by-laws of the Association, together with any related

interest and costs, constitutes a debt to the Association.

Lien

for unpaid fee

(2) If

a member of the Association who is an owner of Base31 land defaults in the

payment of any fee owed by the member to the Association, the Association has a

lien against the member’s Base31 land for the unpaid amount, the interest on

the unpaid amount and all reasonable costs incurred by the Association in

connection with the collection or attempted collection of the fee.

Registration

of lien

(3) The

Association may register a notice of lien in the proper land registry office

showing the amount of money owed under the lien as described in subsection

(2) at the time of registration of the notice.

Notice

to member

(4) At

least 10 days before the day a notice of lien is registered, the Association

shall give written notice of the lien to the member whose Base31 land is

affected by it by personal service or by sending the notice by prepaid mail

addressed to the member at the member’s address as shown on the books of the

Association.

Enforcement

of lien

(5) A

notice of lien registered under subsection (3) is a charge for the amount owing

in favour of the Association on the Base31 land against which it is registered

and may be enforced in the same manner as a mortgage and, for such purposes,

Part III of the Mortgages Act applies with

necessary modifications.

Subsequent

debts

(6) If

a notice of lien is registered under subsection (3), no further registration is

required in respect of a default in the payment of a fee occurring or

continuing after the lien is registered.

Discharge

of lien

(7) Upon

the payment of the debt and other amounts secured by the lien, the Association

shall give the member a discharge of the lien by personal service or by sending

it by prepaid mail addressed to the member at the member’s address as shown on

the books of the Association.

Application

to court for removal of lien

(8) A

member of the Association or other person claiming an estate or interest in or

charge on Base31 land may apply to the Superior Court of Justice to require the

Association to discharge a notice of lien registered under subsection (3) and

the court may make any order it considers appropriate.

Forms

(9) A

lien and a discharge of lien may

contain language similar to that contained in Schedules 4 and 5, respectively, or in such other

form as may be required under the Land Titles Act or

the Registry Act .

Owner

and occupier jointly and severally liable for fees

(1) A

member of the Association who is an owner of Base31 land and a member of the

Association who leases, owns or carries on a business on such Base31 land are

jointly and severally liable to the Association for the payment of any fees and

related interest and costs owed to the Association by the member who leases,

owns or carries on a business on the Base31 land.

Same

(2) The

Association may serve on a member of the Association who is an owner of Base31

land a notice of default of another member who leases, owns or carries on a

business on the member’s Base31 land and, if the amount owed is not paid within

10 days after the member who owns the Base31 land receives the notice of

default, the owner of the Base31 land is in default for the purpose of

section

Status

certificate

(1) The

Association shall, upon receipt of a written request and subject to subsection

(2), give a status certificate with respect to a lot that is Base31 land to any

person who states in writing that the person is a member or potential member of

the Association or a mortgagee or potential mortgagee of Base31 land.

Restriction

(2) A

person shall only be entitled to receive a status certificate in respect of the

lot on which the person’s membership or potential membership is based or in

respect of which the person is a mortgagee or potential mortgagee.

Fee

(3) The

Association may charge a reasonable fee for the provision of a status

certificate, but the fee shall not exceed the fee that may be charged for a

status certificate under the Condominium Act, 1998 .

Contents

(4) The

status certificate shall contain,

(

a) the

date on which it was made;

(

b) a

statement of the basic annual fee payable in the current fiscal year of the

Association with respect to, and the related voting rights attributable to, the

specified lot and the arrears of such fee, if any, with respect to the lot;

(

c) a

statement of the number of subsequent fiscal years of the Association, if any,

for which the fee payable in its current fiscal year, as required to be stated

by clause (b), will continue to apply without change;

(

d) if

the statement required by clause (

c) shows that the fee payable in the current

fiscal year will not change for one or more subsequent fiscal years, an

undertaking that the Association will conduct its operations during its current

fiscal year and the subsequent fiscal years, as shown in the statement required

by clause (c), in such a manner that at the end of such fiscal years the

Association will not have a deficit;

(

e) the

basis for calculating any entry fee payable on the first purchase and sale of

the lot from the developer of the Base31 land and any entry fee payable on the

resale of the lot;

(

f) any

other fees attributable to the lot or the basis for calculating such fees;

(

g) the

class of membership associated with the lot;

(

h) a

statement describing the voting structure of the Association, including the

number of voting rights and members in each class of membership as at the date

of the most current budget of the Association;

(

i) a

general description of the Base31 land and of the recreational and other

amenities and services provided by the Association or for which it is

responsible;

(

j) the

address for service of the Association;

(

k) the

names and addresses for service of the directors and officers of the

Association, together with the class of membership that elected each director;

(

l) the

names of the members of the executive committee of the board of directors of

the Association or, in the event no executive committee has been created, a

statement to that effect;

(

m) a

statement of all outstanding judgments against the Association and the status

of all legal actions to which the Association is party;

(

n) a

description of the current insurance policies covering the Association;

(

o) copies

of the most recent annual audited financial statements of the Association and

of the auditor’s report on the financial statements;

(

p) copies

of this Act and of the by-laws of the Association unless previously delivered

to the person requesting the status certificate; and

(

q) copies

of any notices required to be given under this Act or the by-laws of the

Association delivered during the current fiscal year of the Association to all

the members of the Association or to all members of any class of members of the

Association.

Time

limit

(5) The

Association shall give the status certificate to the person who requested it

within 10 days after receiving the request and the required fee and if it does

not give the status certificate within that time, the Association is deemed to

have given a status certificate on the 11th day after receiving the request

stating that there are no arrears of fees with respect to the lot.

Omission

(6) If

a status certificate that the Association has given under this

section omits

material information that it is required to contain, it is deemed to include a

statement that there is no such information.

Association

bound by status certificate

(7) The

status certificate binds the Association as of the date it is given, or deemed

to have been given, with respect to the information that it contains, or is

deemed to contain, as against the person who requested the status certificate

and as against any mortgagee of the lot to which the status certificate

relates.

Status

certificate to be given to first purchasers of Base31 land

(1) The

Association shall, upon receipt of a written request from the developer of the

Base31 land in respect of a lot that is Base31 land, deliver to the developer a

status certificate for the lot.

Same

(2) The

developer of the Base31 land shall, before entering into the first arm’s length

agreement for the purchase and sale of each lot that is Base31 land, deliver to

the purchaser the status certificate for that lot which the developer obtained

from the Association.

Purchase

not binding until status certificate is delivered

(3) An

agreement of purchase and sale described in subsection (2) is not binding on

the purchaser until the status certificate is delivered to the purchaser as

required by this section.

False,

misleading statements, omissions

(1) The

Association shall not, in a status certificate,

(

a) make

a material statement or provide material information that is false, deceptive

or misleading; or

(

b) omit

a material statement or material information that the Association is required

to provide.

Right

to damages

(2) A

person described in subsection 15 (7) and a purchaser described in subsection

16 (2) may make an application to the Superior Court of Justice to recover

damages from the Association for any loss sustained as a result of relying on a

status certificate that the Association is required to provide under this Act

if the status certificate,

(

a) contains

a material statement or material information that is false, deceptive or

misleading; or

(

b) does

not contain a material statement or material information that the Association

is required to provide.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Base31 Community

Association Act, 2026 .

SCHEDULE

BASE31 LAND

PIN

55074-0551 (LT)

LT 1-2 CON SE CARRYING PLACE HALLOWELL, PARTS 1-23 INCLUSIVE ON 47R9398;

TOGETHER WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL

BEING PT 24 ON 47R9398 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER

PT LT 3 & 4 CON SE CARRYING PLACE HALLOWELL BEING PT 25 ON 47R9398 AS IN

PE152038 (PE77777); SUBJECT TO AN EASEMENT OVER PARTS 5, 6, 7, 8, 9, 10, 12,

13, 15, 17, 18, 19, 21 & 23 ON 47R9398 AS IN PE66619E; COUNTY OF PRINCE

EDWARD

PIN

55074-0552 (LT)

LT 2-5 CON SE CARRYING PLACE HALLOWELL, PARTS 1-12 (INCLUSIVE) ON 47R9399;

TOGETHER WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL

BEING PT 14 ON 47R9399 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER

PT LT 3 & 4 CON SE CARRYING PLACE HALLOWELL BEING PT 13 ON 47R9399 AS IN

PE152038 (PE77777); SUBJECT TO AN EASEMENT OVER PTS 6, 7, 8, 9 & 10 ON

47R9399 AS IN PE66619E; SUBJECT TO AN EASEMENT IN GROSS OVER PT 11 ON 47R9399

AS IN EC20507; SUBJECT TO AN EASEMENT OVER PT 12 ON 47R9399 AS IN PE92571;

COUNTY OF PRINCE EDWARD

PIN

55075-0151 (LT)

PART

LOT 24 CONCESSION 2 MILITARY TRACT HALLOWELL,

PART LOT 24 CONCESSION 3 MILITARY

TRACT HALLOWELL AND PART ROAD ALLOWANCE

BETWEEN

CONCESSION 2 & 3 MILITARY TRACT HALLOWELL PARTS 1, 2, 3 & 4 PLAN

47R9368; SUBJECT TO AN EASEMENT IN GROSS OVER

PART 2, PLAN 47R9368 AS IN

PE66619; SUBJECT TO AN EASEMENT IN GROSS OVER

PART 4, PLAN 47R9368 AS IN

PE187070; COUNTY OF PRINCE EDWARD

PIN

55065-0386 (LT)

PART

LOT 24 CONCESSION 2 MILITARY TRACT HALLOWELL,

PART LOT 24 CONCESSION 3 MILITARY

TRACT HALLOWELL,

PART LOT 1 CONCESSION SOUTHEAST OF CARRYING PLACE HALLOWELL,

PART ROAD ALLOWANCE BETWEEN CONCESSIONS 2 & 3 MILITARY TRACT HALLOWELL AND

PART ROAD ALLOWANCE BETWEEN CONCESSION 3 MILITARY TRACT CONCESSION SOUTHEAST

CARRYING PLACE HALLOWELL, PARTS 1, 2, 3 & 4 PLAN 47R9369; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 3, PLAN 47R9369 AS IN EC20474; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 2, PLAN 47R9369 AS IN EC20509; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 4, PLAN 47R9369 AS IN EC26191; COUNTY OF PRINCE

EDWARD

PIN

55074-0553 (LT)

LTS 3 & 4 CON SE CARRYING PLACE HALLOWELL, PARTS 1 & 2 ON 47R9400;

SUBJECT TO AN EASEMENT OVER PT 2 ON 47R9400 AS IN PE152038 (PE77777); TOGETHER

WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL BEING PT

3 ON 47R9400 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER PT LT 2

& 3 CON SE CARRYING PLACE HALLOWELL BEING PTS 3 & 4 ON 47R9400 AS IN

EC2619; COUNTY OF PRINCE EDWARD

PIN

55074-0557

PART

LOT 3 CONCESSION SOUTH EAST OF CARRYING PLACE HALLOWELL DESIGNATED AS

PART 1 ON

47R-9421; PRINCE EDWARD; COUNTY OF PRINCE EDWARD

SCHEDULE

Base31

Community Association (the “Association”) hereby applies to designate the land described in the Application , of which ……………………………………… is the registered owner,

as Base31 land subject to the Base31 Community Association

Act, 2026 and to the by-laws of the Association enacted in accordance

with the Act. Copies of the Act and the Association’s by-laws

may be obtained from the Association,

subject to payment of a fee as determined by the Association.

SCHEDULE

Base31 Community

Association hereby applies

for to give notice that the designation as Base31 land of the land described in the attached

Application , of which …………………………

is the registered owner, has been terminated and such land is no longer

designated as Base31 land subject to the Base31 Community

Association Act, 2026 .

SCHEDULE

Base

31 Community Association (the “Association”) hereby gives notice that it has a

lien under the Base31 Community Association Act, 2026 against …………………………………… (Identification

of Base31 land against which the lien is registered) registered in the

Land Registry Office for the Land Titles Division of …………………………………… for unpaid

fees and any interest

and costs in the amount of $ …………… at the date hereof and for

such further amounts as are hereafter due and owing by …………………………………… to the Association.

SCHEDULE

Base31 Community

Association having received

payment of all amounts owing to it secured

by the lien referred to in the Notice of Lien registered as No. ………… against

…………………………………… (Identification of Base31 land

against which the lien is registered) registered in the Land Registry Office for the Land Titles

Division of …………………………………… pursuant

to subsection 13 (3) of the Base31 Community Association

Act, 2026 , hereby discharges the lien.

Bill PR46 Original (PDF)

EXPLANATORY

NOTE

The

purpose of the Bill is set out in the

Preamble.

Bill PR46 2026

Act respecting Base31 Community Association

Preamble

Base31

Community Association has applied for special legislation to require all

persons having a real property interest in the area to be developed as a

mixed-use community to be members of the Association and to be bound by its

by-laws and to give the Association a right to enforce members’ financial

obligations to the Association by registering a lien against their real

property that is Base31 land. The applicant represents that Base31 is a

proposed mixed-use community in Prince Edward County. The applicant further

represents that it is a corporation.

is appropriate to grant the application.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“Association”

means Base31 Community Association;

“Base31”

means the mixed-use community, which may include residential, commercial,

industrial, institutional, recreational, arts and cultural uses and facilities

located on Base31 land;

“Base31

land” means,

(

a) the

land described in

Schedule 1, and

(

b) land

not described in

Schedule 1 that is deemed to be Base31 land under subsection 7

(3),

and

includes each lot into which land described in clause (

a) or (

b) is subdivided,

but does not include land that is deemed not to be Base31 land under subsection

8 (3);

“lot”

means a parcel of land,

(

a) described

in a deed or other document legally capable of conveying land, or

(

b) shown

as a lot or block on a registered plan of subdivision,

and

includes a condominium unit under the Condominium Act,

1998 ;

“owner”

means the owner of an estate in fee simple registered under the Land Titles Act or the Registry Act .

Association

continued

(1) The

Association is continued as a corporation without share capital under the name

Base31 Community Association.

Members

continued

(2) The

persons registered as members of the Association immediately before this Act

comes into force are continued as members of the Association.

Board

of directors, officers continued

(3) The

members of the board of directors and officers of the Association in office

immediately before this Act comes into force are continued in office until

their successors are elected or appointed under this Act.

Certificate

of incorporation revoked

(4) The

certificate of incorporation of the Association is revoked, but its revocation

does not affect the rights or obligations of the Association or any by-law or

resolution of the Association except to the extent that it is inconsistent with

this Act.

Special

Act corporation

(5) The

Association is deemed to be a corporation incorporated by a special Act.

Objects

(1) The

objects of the Association are,

(

a) to

acquire, own, lease, maintain, manage and operate the Base31 assets for which

it has responsibility pursuant to the by-laws of the Association;

(

b) to

facilitate the development of and promote Base31;

(

c) to

provide its members with services related to the operation of Base31, including

an integrated program of activities, attractions and events, marketing

services, maintenance services and information services;

(

d) to

liaise with all levels of government on matters pertaining to Base31 or to the

members of the Association, including acting as liaison between Prince Edward

County and the members of the Association on municipal matters that relate to

Base31 land that is open to the public or to the operation of Base31; and

(

e) to

participate in financial arrangements that fund and maintain infrastructure

that relates to part or all of Base31.

Not

to be carried on for gain

(2) The

Association shall be carried on without the purpose of gain for its members and

any profits or other accretions to the Association shall be used in promoting

its objects.

Membership

(1) Every

owner of Base31 land is a member of the Association.

Same

(2) The

Association may also grant membership, in accordance with the by-laws of the

Association, to a person who applies for it if the person,

(

a) owns

or carries on a business on Base31 land;

(

b) leases

Base31 land;

(

c) is

an agent of an owner of Base31 land; or

(

d) belongs

to a class of persons identified in the by-laws of the Association as being

entitled to be granted membership in the Association.

Base31

land subject to Act, by-laws

Base31

land is subject to this Act and to the by-laws of the Association without

registration on the title, except as required by

section 6.

Notices

registered on title

Notice

of designation

(1) The

Association shall register on every title of Base31 land in the proper land

registry office a notice that such land is designated as Base31 land.

Notice

of termination of designation

(2) Where

the designation as Base31 land has been terminated in accordance with

subsection 8 (2), the Association shall register an application to delete the notice of designation on

title to that land in the proper land registry office.

Forms

(3) A notice of designation of Base31 land and an application to delete the notice of designation of Base31 land may contain language similar to that contained in

Schedules 2 and 3, respectively, or in such other form as may be required under

the Land Titles Act or the Registry

Act .

Application

to include non-scheduled land as Base31 land

(1) An

owner of a lot in Prince Edward County that is not included in the land

described in

Schedule 1 may apply to the Association to designate the lot as

Base31 land.

Approval

(2) The

Association may approve an application under subsection (1), subject to any

terms or conditions it considers appropriate and, upon approving an

application, shall register the notice described in subsection 6

(1) designating the lot to be Base31 land.

Lot

deemed to be Base31 land

(3) Upon

registering the notice under subsection (2), the lot is deemed to be Base31

land for the purposes of this Act and the requirement that the Association

register a notice under subsection 6 (1) designating the land as Base31 land is

satisfied.

Application

to terminate designation

(1) An

owner of a lot that is included in the land described in

Schedule 1 or that is

designated as Base31 land pursuant to

section 7 may apply to the Association to

terminate the designation of the lot as Base31 land.

Approval

(2) The

Association may approve an application under subsection (1), subject to any

terms or conditions it considers appropriate and, upon approving the

application, shall register the application described in subsection 6

(2) terminating the designation of the lot as Base31 land.

Lot

deemed not to be Base31 land

(3) Upon

registering the application under subsection (2), the lot is deemed not to be

Base31 land for the purposes of this Act.

Board

of directors

(1) The

composition and election or appointment of the Association’s board of directors

shall be as set out in the by-laws of the Association.

Director

need not be a member

(2) A

director of the Association is not required to be a member of the Association.

By-laws

(1) The

board of directors of the Association may pass by-laws necessary to manage the

Association’s business and affairs and to carry out its objects.

Same

(2) Without

limiting the generality of subsection (1), the board of directors of the

Association may pass by-laws,

(

a) establishing

classes of membership in the Association and governing the interests, rights

and obligations of the members and of each class of members;

(

b) governing

the admission of persons to membership in the Association and the termination

of such membership;

(

c) governing

the composition and election or appointment of the board of directors,

including the election of directors by classes of members;

(

d) prescribing

fees payable by the members and, in doing so, may differentiate between

different classes of members and members within a class;

(

e) requiring

that interest and related costs be paid on any late fees, and prescribing the

rate of interest and related costs;

(

f) governing

applications under sections 7 and 8, including prescribing criteria for

approving or refusing an application;

(

g) specifying

any restrictions and obligations imposed by Prince Edward County that are to be

monitored and enforced by the Association.

By-laws

binding on Association and members

(3) The

by-laws of the Association bind the Association and its members to the same

extent as if the by-laws had been signed and sealed by the Association and each

member and as if the by-laws contained covenants on the part of the Association

with each member and on the part of each member with every other member and

with the Association to comply with all the by-laws.

Municipal

by-laws, agreements, Acts, etc., prevail

(4) In the

event of a conflict between a by-law of the Association and any of the

following, the following prevails:

1. A

municipal by-law.

2. A

subdivision or other agreement with a municipality that is registered on title

to the Base31 land.

3. A

provision of the Planning Act or of any regulation

or order made under that Act.

Reserve

funds

(1) The

Association shall establish and maintain one or more reserve funds to be used

solely for the purpose of major repair and replacement of the Base31 assets for

which it has responsibility pursuant to the by-laws of the Association.

Contributions

to reserve funds

(2) The

Association shall collect contributions to a reserve fund from the members of

the Association as part of their fees. The total amount of contributions to a

reserve fund shall be the amount that is reasonably expected to provide

sufficient money for the major repair and replacement of the Base31 assets

referred to in subsection (1), calculated on the basis of their expected repair

and replacement costs and their life expectancy.

Income

earned

(3) Interest

and other income earned from the investment of money in a reserve fund shall

form part of the fund.

Reserve

fund study

(4) The

Association shall conduct periodic studies to determine whether the amount of

money in its reserve funds and the amount of contributions collected by the

Association are adequate to provide for the expected costs of major repair and

replacement of the Base31 assets referred to in subsection (1).

Future

funding

(5) Upon

receipt of a reserve fund study, the board of directors of the Association

shall determine the funding requirements that will ensure that, within the

periods of time and in accordance with the recommendations set out in the

study, the fund will be adequate for the purpose for which it was established

and the board of directors shall cause to be collected the necessary

contributions to the reserve fund.

Use

of reserve fund

(6) No

part of a reserve fund shall be used except for the purpose mentioned in

subsection (1).

Board’s

use

(7) The

board of directors of the Association does not require the consent of the

owners of Base31 land to make an expenditure out of a reserve fund.

distribution

(8) The

amount of a reserve fund shall constitute an asset of the Association and shall

not be distributed to the mortgagees of Base31 land or, except on termination

of the Association, to the members of the Association.

Application

for relief from oppression

(1) A

member, director or officer of the Association or any other person who, in the

discretion of the court, is a proper person to make an application, may apply

to the Superior Court of Justice for an order under this section.

Same

(2) Upon

an application under subsection (1), the court may make any order it considers

appropriate to rectify the matter complained of if the court is satisfied that,

(

a) an

act or omission of the Association effects, or threatens to effect, a result

that is oppressive or unfairly prejudicial to, or unfairly disregards the

interests of, any person referred to in subsection (1);

(

b) the

business or affairs of the Association are, have been or are threatened to be

carried on or conducted in a manner that is oppressive or unfairly prejudicial

to, or unfairly disregards the interests of any person referred to in

subsection (1); or

(

c) the

powers of the directors or members of the Association are, have been or are

threatened to be exercised in a manner that is oppressive or unfairly

prejudicial to, or unfairly disregards the interests of, any person referred to

in subsection (1).

Debt

to Association

(1) A

fee levied under the by-laws of the Association, together with any related

interest and costs, constitutes a debt to the Association.

Lien

for unpaid fee

(2) If

a member of the Association who is an owner of Base31 land defaults in the

payment of any fee owed by the member to the Association, the Association has a

lien against the member’s Base31 land for the unpaid amount, the interest on

the unpaid amount and all reasonable costs incurred by the Association in

connection with the collection or attempted collection of the fee.

Registration

of lien

(3) The

Association may register a notice of lien in the proper land registry office

showing the amount of money owed under the lien as described in subsection

(2) at the time of registration of the notice.

Notice

to member

(4) At

least 10 days before the day a notice of lien is registered, the Association

shall give written notice of the lien to the member whose Base31 land is

affected by it by personal service or by sending the notice by prepaid mail

addressed to the member at the member’s address as shown on the books of the

Association.

Enforcement

of lien

(5) A

notice of lien registered under subsection (3) is a charge for the amount owing

in favour of the Association on the Base31 land against which it is registered

and may be enforced in the same manner as a mortgage and, for such purposes,

Part III of the Mortgages Act applies with

necessary modifications.

Subsequent

debts

(6) If

a notice of lien is registered under subsection (3), no further registration is

required in respect of a default in the payment of a fee occurring or

continuing after the lien is registered.

Discharge

of lien

(7) Upon

the payment of the debt and other amounts secured by the lien, the Association

shall give the member a discharge of the lien by personal service or by sending

it by prepaid mail addressed to the member at the member’s address as shown on

the books of the Association.

Application

to court for removal of lien

(8) A

member of the Association or other person claiming an estate or interest in or

charge on Base31 land may apply to the Superior Court of Justice to require the

Association to discharge a notice of lien registered under subsection (3) and

the court may make any order it considers appropriate.

Forms

(9) A

lien and a discharge of lien may

contain language similar to that contained in Schedules 4 and 5, respectively, or in such other

form as may be required under the Land Titles Act or

the Registry Act .

Owner

and occupier jointly and severally liable for fees

(1) A

member of the Association who is an owner of Base31 land and a member of the

Association who leases, owns or carries on a business on such Base31 land are

jointly and severally liable to the Association for the payment of any fees and

related interest and costs owed to the Association by the member who leases,

owns or carries on a business on the Base31 land.

Same

(2) The

Association may serve on a member of the Association who is an owner of Base31

land a notice of default of another member who leases, owns or carries on a

business on the member’s Base31 land and, if the amount owed is not paid within

10 days after the member who owns the Base31 land receives the notice of

default, the owner of the Base31 land is in default for the purpose of

section

Status

certificate

(1) The

Association shall, upon receipt of a written request and subject to subsection

(2), give a status certificate with respect to a lot that is Base31 land to any

person who states in writing that the person is a member or potential member of

the Association or a mortgagee or potential mortgagee of Base31 land.

Restriction

(2) A

person shall only be entitled to receive a status certificate in respect of the

lot on which the person’s membership or potential membership is based or in

respect of which the person is a mortgagee or potential mortgagee.

Fee

(3) The

Association may charge a reasonable fee for the provision of a status

certificate, but the fee shall not exceed the fee that may be charged for a

status certificate under the Condominium Act, 1998 .

Contents

(4) The

status certificate shall contain,

(

a) the

date on which it was made;

(

b) a

statement of the basic annual fee payable in the current fiscal year of the

Association with respect to, and the related voting rights attributable to, the

specified lot and the arrears of such fee, if any, with respect to the lot;

(

c) a

statement of the number of subsequent fiscal years of the Association, if any,

for which the fee payable in its current fiscal year, as required to be stated

by clause (b), will continue to apply without change;

(

d) if

the statement required by clause (

c) shows that the fee payable in the current

fiscal year will not change for one or more subsequent fiscal years, an

undertaking that the Association will conduct its operations during its current

fiscal year and the subsequent fiscal years, as shown in the statement required

by clause (c), in such a manner that at the end of such fiscal years the

Association will not have a deficit;

(

e) the

basis for calculating any entry fee payable on the first purchase and sale of

the lot from the developer of the Base31 land and any entry fee payable on the

resale of the lot;

(

f) any

other fees attributable to the lot or the basis for calculating such fees;

(

g) the

class of membership associated with the lot;

(

h) a

statement describing the voting structure of the Association, including the

number of voting rights and members in each class of membership as at the date

of the most current budget of the Association;

(

i) a

general description of the Base31 land and of the recreational and other

amenities and services provided by the Association or for which it is

responsible;

(

j) the

address for service of the Association;

(

k) the

names and addresses for service of the directors and officers of the

Association, together with the class of membership that elected each director;

(

l) the

names of the members of the executive committee of the board of directors of

the Association or, in the event no executive committee has been created, a

statement to that effect;

(

m) a

statement of all outstanding judgments against the Association and the status

of all legal actions to which the Association is party;

(

n) a

description of the current insurance policies covering the Association;

(

o) copies

of the most recent annual audited financial statements of the Association and

of the auditor’s report on the financial statements;

(

p) copies

of this Act and of the by-laws of the Association unless previously delivered

to the person requesting the status certificate; and

(

q) copies

of any notices required to be given under this Act or the by-laws of the

Association delivered during the current fiscal year of the Association to all

the members of the Association or to all members of any class of members of the

Association.

Time

limit

(5) The

Association shall give the status certificate to the person who requested it

within 10 days after receiving the request and the required fee and if it does

not give the status certificate within that time, the Association is deemed to

have given a status certificate on the 11th day after receiving the request

stating that there are no arrears of fees with respect to the lot.

Omission

(6) If

a status certificate that the Association has given under this

section omits

material information that it is required to contain, it is deemed to include a

statement that there is no such information.

Association

bound by status certificate

(7) The

status certificate binds the Association as of the date it is given, or deemed

to have been given, with respect to the information that it contains, or is

deemed to contain, as against the person who requested the status certificate

and as against any mortgagee of the lot to which the status certificate

relates.

Status

certificate to be given to first purchasers of Base31 land

(1) The

Association shall, upon receipt of a written request from the developer of the

Base31 land in respect of a lot that is Base31 land, deliver to the developer a

status certificate for the lot.

Same

(2) The

developer of the Base31 land shall, before entering into the first arm’s length

agreement for the purchase and sale of each lot that is Base31 land, deliver to

the purchaser the status certificate for that lot which the developer obtained

from the Association.

Purchase

not binding until status certificate is delivered

(3) An

agreement of purchase and sale described in subsection (2) is not binding on

the purchaser until the status certificate is delivered to the purchaser as

required by this section.

False,

misleading statements, omissions

(1) The

Association shall not, in a status certificate,

(

a) make

a material statement or provide material information that is false, deceptive

or misleading; or

(

b) omit

a material statement or material information that the Association is required

to provide.

Right

to damages

(2) A

person described in subsection 15 (7) and a purchaser described in subsection

16 (2) may make an application to the Superior Court of Justice to recover

damages from the Association for any loss sustained as a result of relying on a

status certificate that the Association is required to provide under this Act

if the status certificate,

(

a) contains

a material statement or material information that is false, deceptive or

misleading; or

(

b) does

not contain a material statement or material information that the Association

is required to provide.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Base31 Community

Association Act, 2026 .

SCHEDULE

BASE31 LAND

PIN

55074-0551 (LT)

LT 1-2 CON SE CARRYING PLACE HALLOWELL, PARTS 1-23 INCLUSIVE ON 47R9398;

TOGETHER WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL

BEING PT 24 ON 47R9398 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER

PT LT 3 & 4 CON SE CARRYING PLACE HALLOWELL BEING PT 25 ON 47R9398 AS IN

PE152038 (PE77777); SUBJECT TO AN EASEMENT OVER PARTS 5, 6, 7, 8, 9, 10, 12,

13, 15, 17, 18, 19, 21 & 23 ON 47R9398 AS IN PE66619E; COUNTY OF PRINCE

EDWARD

PIN

55074-0552 (LT)

LT 2-5 CON SE CARRYING PLACE HALLOWELL, PARTS 1-12 (INCLUSIVE) ON 47R9399;

TOGETHER WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL

BEING PT 14 ON 47R9399 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER

PT LT 3 & 4 CON SE CARRYING PLACE HALLOWELL BEING PT 13 ON 47R9399 AS IN

PE152038 (PE77777); SUBJECT TO AN EASEMENT OVER PTS 6, 7, 8, 9 & 10 ON

47R9399 AS IN PE66619E; SUBJECT TO AN EASEMENT IN GROSS OVER PT 11 ON 47R9399

AS IN EC20507; SUBJECT TO AN EASEMENT OVER PT 12 ON 47R9399 AS IN PE92571;

COUNTY OF PRINCE EDWARD

PIN

55075-0151 (LT)

PART

LOT 24 CONCESSION 2 MILITARY TRACT HALLOWELL,

PART LOT 24 CONCESSION 3 MILITARY

TRACT HALLOWELL AND PART ROAD ALLOWANCE

BETWEEN

CONCESSION 2 & 3 MILITARY TRACT HALLOWELL PARTS 1, 2, 3 & 4 PLAN

47R9368; SUBJECT TO AN EASEMENT IN GROSS OVER

PART 2, PLAN 47R9368 AS IN

PE66619; SUBJECT TO AN EASEMENT IN GROSS OVER

PART 4, PLAN 47R9368 AS IN

PE187070; COUNTY OF PRINCE EDWARD

PIN

55065-0386 (LT)

PART

LOT 24 CONCESSION 2 MILITARY TRACT HALLOWELL,

PART LOT 24 CONCESSION 3 MILITARY

TRACT HALLOWELL,

PART LOT 1 CONCESSION SOUTHEAST OF CARRYING PLACE HALLOWELL,

PART ROAD ALLOWANCE BETWEEN CONCESSIONS 2 & 3 MILITARY TRACT HALLOWELL AND

PART ROAD ALLOWANCE BETWEEN CONCESSION 3 MILITARY TRACT CONCESSION SOUTHEAST

CARRYING PLACE HALLOWELL, PARTS 1, 2, 3 & 4 PLAN 47R9369; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 3, PLAN 47R9369 AS IN EC20474; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 2, PLAN 47R9369 AS IN EC20509; SUBJECT TO AN

EASEMENT IN GROSS OVER

PART 4, PLAN 47R9369 AS IN EC26191; COUNTY OF PRINCE

EDWARD

PIN

55074-0553 (LT)

LTS 3 & 4 CON SE CARRYING PLACE HALLOWELL, PARTS 1 & 2 ON 47R9400;

SUBJECT TO AN EASEMENT OVER PT 2 ON 47R9400 AS IN PE152038 (PE77777); TOGETHER

WITH AN EASEMENT OVER PT LT 2 & 3 CON SE CARRYING PLACE HALLOWELL BEING PT

3 ON 47R9400 AS IN PE152038 (PE77777); TOGETHER WITH AN EASEMENT OVER PT LT 2

& 3 CON SE CARRYING PLACE HALLOWELL BEING PTS 3 & 4 ON 47R9400 AS IN

EC2619; COUNTY OF PRINCE EDWARD

PIN

55074-0557

PART

LOT 3 CONCESSION SOUTH EAST OF CARRYING PLACE HALLOWELL DESIGNATED AS

PART 1 ON

47R-9421; PRINCE EDWARD; COUNTY OF PRINCE EDWARD

SCHEDULE

Base31

Community Association (the “Association”) hereby applies to designate the land described in the Application , of which ……………………………………… is the registered owner,

as Base31 land subject to the Base31 Community Association

Act, 2026 and to the by-laws of the Association enacted in accordance

with the Act. Copies of the Act and the Association’s by-laws

may be obtained from the Association,

subject to payment of a fee as determined by the Association.

SCHEDULE

Base31 Community

Association hereby applies

for to give notice that the designation as Base31 land of the land described in the attached

Application , of which …………………………

is the registered owner, has been terminated and such land is no longer

designated as Base31 land subject to the Base31 Community

Association Act, 2026 .

SCHEDULE

Base

31 Community Association (the “Association”) hereby gives notice that it has a

lien under the Base31 Community Association Act, 2026 against …………………………………… (Identification

of Base31 land against which the lien is registered) registered in the

Land Registry Office for the Land Titles Division of …………………………………… for unpaid fees and any interest

and costs in the amount of $ …………… at the date hereof and for

such further amounts as are hereafter due and owing by …………………………………… to the Association.

SCHEDULE

Base31 Community

Association having received

payment of all amounts owing to it secured

by the lien referred to in the Notice of Lien registered as No. ………… against ……………………………………

(Identification of Base31 land against which the

lien is registered) registered in the Land Registry

Office for the Land Titles

Division of …………………………………… pursuant

to subsection 13 (3) of the Base31 Community Association

Act, 2026 , hereby discharges the lien.

Date Bill stage Event Outcome Committee

June 2, 2026

Royal Assent

Royal Assent received

June 2, 2026

Third Reading

Vote

Carried

June 2, 2026

Third Reading

Question put

June 2, 2026

Second Reading

Ordered for Third Reading

June 2, 2026

Second Reading

Vote

Carried

June 2, 2026

Second Reading

Question put

April 20, 2026

First Reading

Ordered for Second Reading

April 20, 2026

First Reading

Vote

Carried

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