Alberta Regulation 148/2019

Various Acts

CLIMATE CHANGE AND EMISSIONS MANAGEMENT ACT

TITLE CHANGE AMENDMENT REGULATION

Filed: November 22, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 234/2019)

on November 22, 2019 pursuant to Various Acts.

1(1) The Administrative Penalty Regulation (AR 140/2007) is

amended by this section.

(2) Section 1 is repealed and the following is substituted:

Definition

1 In this Regulation, "Act" means the Emissions Management and

Climate Resilience Act.

(3) The

Schedule is amended in

section 1 by striking out

"Climate Change and Emissions Management Act" and substituting

"Emissions Management and Climate Resilience Act".

2(1) The Climate Change and Emissions Management Fund

Administration Regulation (AR 120/2009) is amended by

this section.

(2) The title of the Regulation is repealed and the following

is substituted:

Technology Innovation and Emissions Reduction

Fund Administration Regulation

(3) Section 1 is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "Act" means the Emissions Management and Climate

Resilience Act;

(

b) by repealing clause (

c) and substituting the

following:

(c) "Fund" means the Technology Innovation and

Emissions Reduction Fund continued by

section 10 of

the Act.

3(1) The Designation and Transfer of Responsibility

Regulation (AR 44/2019) is amended by this section.

(2) Section 10(1) is amended

(

a) by repealing clause (f);

(

b) by adding the following after clause (i):

(i.1) Emissions Management and Climate Resilience Act;

4(1) The Exemption Regulation (AR 125/99) is amended by

this section.

(2) Section 2(a.1) is repealed and the following is

substituted:

(a.1) the Emissions Management and Climate Resilience Act;

5(1) The Renewable Fuels Standard Regulation

(AR 29/2010) is amended by this section.

(2) Section 1(1) is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "Act" means the Emissions Management and Climate

Resilience Act;

(

b) by repealing clause (

k) and substituting the

following:

(k) "Fund" means the Technology Innovation and

Emissions Reduction Fund continued by

section 10 of

the Act;

6(1) The Specified Gas Reporting Regulation (AR 251/2004)

is amended by this section.

(2) Section 1(

a) is repealed and the following is substituted:

(a) "Act" means the Emissions Management and Climate

Resilience Act;

7 This Regulation comes into force on January 1, 2020.

Alberta Regulation 149/2019

Conflicts of Interest Act

Employment Pension Plans Act

Financial Administration Act

BUDGET IMPLEMENTATION (PENSIONS)

AMENDMENT REGULATION

Filed: November 22, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 235/2019)

on November 22, 2019 pursuant to

section 23.921 of the Conflicts of Interest Act,

section 159 of the Employment Pension Plans Act and

section 2 of the Financial

Administration Act.

1(1) The Conflicts of Interest Act

Part 4.3 Designation Order

(AR 42/2018) is amended by this section.

(2) The

Schedule is amended in Table 1 under the heading

TREASURY BOARD AND FINANCE by adding the following:

LAPP Corporation

CEO

PSPP Corporation

CEO

SFPP Corporation

CEO

after the following:

Credit Union Deposit

Guarantee Corporation

CEO

2(1) The Employment Pension Plans Regulation

(AR 154/2014) is amended by this section.

(2) Section 11(3)(a)(

i) is amended by striking out "section

57(2)" and substituting "section 57(2) or (2.1), as applicable,".

(3) Section 71(1) and (2) are amended by striking out

"section 57(2)" and substituting "section 57(2) or (2.1), as

applicable,".

(4) Section 73(1) is amended

(

a) by repealing clause (

b) and substituting the

following:

(b) "CANSIM rate", in relation to a period of not more than

12 months for which interest is payable, means the rate

of interest calculated on the basis of the average of the

reference rates, which average is determined in relation

to the most recent period of that length for which the

rates are available;

(

b) by adding the following after clause (d):

(e) "reference rate" means the last weekly Wednesday rate

of each month published by the Bank of Canada in

CANSIM Series V80691336, which sets out the 5-year

personal fixed term chartered bank deposit rates.

3(1) The Exemption (Public Sector Pension) Regulation

(AR 3/2019) is amended by this section.

(2) Schedule 1 is amended

(

a) in

section 2

(

i) by repealing subsection (1);

(ii) by repealing subsection (2);

(iii) by adding the following after subsection (4):

(4.1) The Plan is exempt from the application of

section

35(7)(

a) of the EPPA as it applies to the Corporation in

respect of the role of APS under

section 17(1) of

Schedule

1 to the JGA and the role of AIMCo under

section

17.1(2)(

a) of

Schedule 1 to the JGA.

(iv) in subsections (5) and (6) by striking out "or" at

the end of clause (

a) and repealing clause (b);

(

v) by adding the following after subsection (6):

(6.1) The Plan is exempt from the application of

section

57(2.1) of the EPPA as it applies to any contributions that

were made by a member to meet the Plan's previous

unfunded liability in respect of service that was recognized

as pensionable service, and the benefits that were in place,

as at December 31, 1991.

(vi) by repealing subsection (9);

(

b) in

section 4

(

i) by repealing subsection (3);

(ii) in subsection (6) by striking out "one year" and

substituting "2 years";

(iii) in subsection (7) by striking out "section 62(3)(a)"

and substituting "section 62(3)".

(3) Schedule 2 is amended

(

a) in

section 2

(

i) by repealing subsection (1);

(ii) by repealing subsection (2);

(iii) by adding the following after subsection (4):

(4.1) The Plan is exempt from the application of

section

35(7)(

a) of the EPPA as it applies to the Corporation in

respect of the role of APS under

section 17(1) of

Schedule

2 to the JGA and the role of AIMCo under

section

17.1(2)(

a) of

Schedule 2 to the JGA.

(iv) in subsections (5) and (6) by striking out "or" at

the end of clause (

a) and repealing clause (b);

(

v) by adding the following after subsection (6):

(6.1) The Plan is exempt from the application of

section

57(2.1) of the EPPA as it applies to any contributions that

were made by a member to meet the Plan's previous

unfunded liability in respect of service that was recognized

as pensionable service, and the benefits that were in place,

as at December 31, 1991.

(vi) by repealing subsection (9);

(

b) in

section 4

(

i) by repealing subsection (3);

(ii) in subsection (6) by striking out "one year" and

substituting "2 years";

(iii) in subsection (7) by striking out "section 62(3)(a)"

and substituting "section 62(3)".

(4) Schedule 3 is amended

(

a) in

section 2

(

i) by repealing subsection (1);

(ii) by repealing subsection (2);

(iii) by adding the following after subsection (4):

(4.1) The Plan is exempt from the application of

section

35(7)(

a) of the EPPA as it applies to the Corporation in

respect of the role of APS under

section 16(1) of

Schedule

3 to the JGA and the role of AIMCo under

section

16.1(2)(

a) of

Schedule 3 to the JGA.

(iv) in subsections (5) and (6) by striking out "or" at

the end of clause (

a) and repealing clause (b);

(

v) by adding the following after subsection (6):

(6.1) The Plan is exempt from the application of

section

57(2.1) of the EPPA as it applies to any contributions made

by a member in respect of the unfunded liability that is the

subject of

section 38 of

Schedule 3 to the JGA.

(vi) by repealing subsection (9);

(vii) by repealing subsection (15) and substituting

the following:

(15) The Plan is exempt from the application of

section

89(1) of the EPPA as it applies to any benefit resulting

from contributions made in respect of service before 1992

where the member's pension has vested; however,

sections 58, 59, 60 and 61 of the former Special Forces

Pension Plan (AR 369/93) apply to that benefit as if that

Regulation had remained in force, and any waiver of a

benefit by a surviving pension partner must be in the form

and manner required by the Corporation.

(

b) in

section 4

(

i) by repealing subsection (3);

(ii) in subsection (6) by striking out "one year" and

substituting "2 years";

(iii) in subsection (7) by striking out "section 62(3)(a)"

and substituting "section 62(3)";

(

c) in

section 7 by adding the following after

subsection (1):

(1.1) Until December 31, 2036, the Plan is exempt from the

application of

section 60(2)(

b) of the EPPR as it applies to the

unfunded liability that is the subject of

section 38 of

Schedule

3 to the JGA.

(5) Subsections (2)(a)(ii) and (vi), (3)(a)(ii) and (vi) and

(4)(a)(ii) and (vi) come into force on April 1, 2020.

4(1) The Funds and Agencies Exemption Regulation

(AR 128/2002) is amended by this section.

(2) Schedule A is amended by striking out the following:

Alberta Teachers'

Retirement Fund Board

Alberta

Teachers'

Retirement Fund

sections

28(6), 37 and

Minister responsible for

the Gaming, Liquor and

Cannabis Act

Lottery Fund

the whole Act

(3) Schedule B is amended

(

a) by adding the following after "Alberta Capital Finance

Authority":

Alberta Pensions Services Corporation

(

b) by adding the following after "The Government House

Foundation":

LAPP Corporation

(

c) by adding the following after "Persons with

Developmental Disabilities Foundation":

PSPP Corporation

SFPP Corporation

Teachers' Pension Plans Board of Trustees (also known as the

Alberta Teachers' Retirement Fund Board)

Alberta Regulation 150/2019

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES

AMENDMENT REGULATION

Filed: November 22, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 237/2019)

on November 22, 2019 pursuant to

section 23 of the Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (AR 15/95) is

amended by this Regulation.

Section 2(4) is amended by striking out "A regional health

authority shall, on or before September 30, 1995," and substituting

"Subject to

section 2.4(1), a regional health authority shall".

Section 2.2(6) is repealed and the following is

substituted:

(6) A regional health authority that borrows shall determine the risks

of interest rate and foreign exchange rate fluctuations in respect of

that borrowing and may enter into a transaction in respect of

(

a) a swap or forward contract, or

(

b) the purchase of financial futures or options, only if the

purpose of the transaction is to offset or reduce the risk of

interest rate or foreign exchange rate fluctuations associated

with liabilities in respect of the borrowing.

(6.1) A transaction referred to in subsection (6) must be approved

by resolution in advance of the transaction and recorded in the

minutes of the meeting at which the resolution was approved.

(6.2) A regional health authority that enters into a transaction

referred to in subsection (6) shall establish policies and procedures

to measure and monitor the risks of such transactions.

Section 2.3 is repealed.

Section 2.4 is repealed and the following is substituted:

Investment of regional health authority funds

2.4(1) A regional health authority shall adhere to prudent

investment standards in making investment decisions.

(2) For the purposes of subsection (1), prudent investment

standards are those that, in the overall context of an investment

portfolio, a reasonably prudent person would apply to investments

made on behalf of another person with whom there exists a

fiduciary relationship to make those investments, without undue

risk of loss or impairment and with a reasonable expectation of fair

return or appreciation.

(3) A regional health authority shall establish a statement of

investment policies and goals that complies with subsection (1) and

the by-laws made under

section 2(4).

(4) A regional health authority shall ensure that its funds are

invested in accordance with the statement of investment policies

and goals.

Investment management services

2.41(1) A regional health authority is a designated entity under

section 6(1) of the Alberta Investment Management Corporation

Act in respect of its funds.

(2) Subject to subsections (4) and (5), a regional health authority

shall, through an investment management agreement,

(

a) engage Alberta Investment Management Corporation as the

exclusive provider to the regional health authority of

investment management services in respect of its funds, and

(

b) ensure that all investments of its funds are managed by

Alberta Investment Management Corporation.

(3) The investment management agreement must take effect as

soon as possible, but no later than June 30, 2020 or such later date

as set by order of the President of Treasury Board and Minister of

Finance.

(4) A regional health authority may exclude investments of its

funds from an investment management agreement under subsection

(2) if the funds invested are reasonably required to meet the

regional health authority's expected current liabilities and

operating expenses.

(5) The President of Treasury Board and Minister of Finance may

by order authorize a regional health authority to exclude from an

investment management agreement under subsection (2), for a

fixed or an indefinite period of time, specific investments or classes

of investments of its funds but such investments must not make up

more than 10% of the total value of the regional health authority's

investments at the time the order is made, excluding investments

made under subsection (4).

Transfer of investment management services

2.42(1) Subject to

section 2.41(4) and (5), a regional health

authority shall, in conjunction with Alberta Investment

Management Corporation, establish as soon as possible, but no

later than December 31, 2020, a plan to transfer the management of

the following investments to Alberta Investment Management

Corporation:

(

a) investments made by the regional health authority itself;

(

b) investments made by or through any other person.

(2) For the purposes of

section 2.41(2)(b), a regional health

authority shall transfer the management of the investments referred

to in subsection (1) as soon as possible after the parties enter into

an investment management agreement and in any case no later than

December 31, 2021.

(3) The President of Treasury Board and Minister of Finance may

Treasury Board and Minister of Finance considers appropriate,

(

a) extend a deadline referred to in subsection (1) or (2), or

(

b) direct a regional health authority to transfer the management

of any investments referred to in subsection (1) to Alberta

Investment Management Corporation if

(

i) the parties fail to establish a plan under subsection (1),

(ii) in the opinion of the President of Treasury Board and

Minister of Finance, the parties fail to make sufficient

progress towards the transfer of the management of

investments under subsection (2).

Section 2.91(1)(d)(ii) is repealed and the following is

substituted:

(ii) the regional health authority shall invest the principal amount

in one or more of the following:

(

A) an interest-bearing account managed by a deposit-taking

institution in Canada;

(

B) securities that are issued or guaranteed by the

deposit-taking institution in Canada, for a term of one

year or less;

(

C) money market mutual fund units where the investment

policy of the fund ensures that at least 90% of the assets

of the fund consist of the securities described in

paragraph (B);

(

D) an account or other arrangement made available by the

Crown for the management and pooled investment of

cash.

--------------------------------

Alberta Regulation 151/2019

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION

AMENDMENT REGULATION

Filed: November 26, 2019

For information only: Made by the Alberta Wheat Commission on October 15, 2019

pursuant to

section 26 of the Marketing of Agricultural Products Act and approved by

the Alberta Agricultural Products Marketing Council on October 22, 2019.

1 The Alberta Wheat Commission Regulation

(AR 137/2012) is amended by this Regulation.

Section 4(2) is amended by striking out "55 days" and

substituting "30 days".

--------------------------------

Alberta Regulation 152/2019

Fair Registration Practices Act

FAIR REGISTRATION PRACTICES REGULATION

Filed: November 26, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 239/2019)

on November 26, 2019 pursuant to

section 23 of the Fair Registration Practices Act.

Table of Contents

Definitions

2 Notice of audit, audit scope and audit standards

3 Auditor qualifications

4 Auditor's duties

5 Auditor's fees and expenses

6 Review

7 Coming into force

Definitions

1 In this Regulation, "Act" means the Fair Registration Practices

Act.

Notice of audit, audit scope and audit standards

2(1) The Minister shall include the following information in a notice

given to a regulatory body under

section 10(2) of the Act:

(

a) the date by which the audit is to begin;

(

b) the date by which the audit is to be completed;

(

c) the reason for the audit;

(

d) the scope of the audit and the audit standards;

(

e) the process by which the auditor will be selected;

(

f) notice of the requirement under

section 5 for the regulatory

body to pay the auditor's fees and expenses.

(2) The notice must be given to the regulatory body at least 30 days

before the audit is to begin.

(3) For the purposes of subsection (1)(d), the Minister shall establish

the scope of an audit in respect of a regulatory body, taking into

consideration the following audit objectives:

(

a) to determine whether the registration practices carried out by

the regulatory body are transparent, objective, impartial and

procedurally fair;

(

b) to determine whether the regulatory body is complying with

any or all of the requirements set out in sections 4 to 9 of the

Fair Registration Practices Code;

(

c) to identify any areas for improvement with respect to the

regulatory body's registration practices and its fulfilment of

the requirements set out in sections 4 to 9 of the Fair

Registration Practices Code.

(4) For the purposes of subsection (1)(d), the Minister shall establish

audit standards that include the following auditor responsibilities:

(

a) to assess the extent to which the regulatory body's

registration practices and activities comply with the Fair

Registration Practices Code;

(

b) to assess the effectiveness of the regulatory body's

registration practices and activities in complying with the

Fair Registration Practices Code;

(

c) to identify measures that are recommended for the regulatory

body to take to remedy any non-compliance with the Fair

Registration Practices Code or to increase the effectiveness

of the regulatory body's registration practices or activities in

complying with the Fair Registration Practices Code.

Auditor qualifications

3(1) A person is authorized to conduct an audit referred to in

section

10(2) of the Act if

(

a) the person is independent of the Government and the

regulatory body being audited, and

(

b) the person has the capability and resources necessary to

properly conduct the audit.

(2) For the purposes of subsection (1)(a), a person is independent of

the Government and the regulatory body being audited if the person

has no direct or indirect relationship with the Government or the

regulatory body that could reasonably be expected to interfere with the

exercise of the person's professional judgment.

(3) For the purposes of subsection (1)(b), the following criteria must

be considered in determining whether a person has the capability and

resources necessary to properly conduct an audit in respect of a

regulatory body:

(

a) the person's experience in conducting reviews, assessments

and audits of the policies, practices and procedures of

regulatory bodies or other organizations;

(

b) the person's experience in applying the principles of

transparency, objectivity, impartiality and procedural fairness

within a regulatory environment;

(

c) the person's knowledge of the registration practices of

regulatory bodies.

Auditor's duties

4(1) An auditor who conducts an audit referred to in

section 10(2) of

the Act shall

(

a) conduct the audit in accordance with the requirements set out

in the notice referred to in

section 2(1),

(

b) without delay on completion of the audit

(

i) prepare a draft audit report, and

(ii) provide a copy of the draft audit report to the regulatory

body together with a notice that the regulatory body

may, within 30 days of receiving the draft audit report,

make written submissions to the auditor,

and

(

c) without delay after the expiry of the 30-day period referred to

in clause (b)(ii), prepare a final report and provide it to the

Minister and the regulatory body.

(2) The auditor shall consider any written submissions made by the

regulatory body in accordance with subsection (1)(b)(ii) in preparing

the final audit report.

Auditor's fees and expenses

5 A regulatory body in respect of which an audit is conducted under

section 10(2) of the Act shall pay the auditor's fees and expenses

relating to the audit.

Review

6 The Minister shall, within 5 years after the date this Regulation

comes into force and every 5 years thereafter, review the provisions

and operation of this Regulation.

Coming into force

7 This Regulation comes into force on the coming into force of the

Fair Registration Practices Act.

Alberta Regulation 153/2019

Forests Act

TIMBER MANAGEMENT (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 241/2019)

on November 26, 2019 pursuant to sections 4 and 30 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is

amended by this Regulation.

Section 175 is amended by striking out "April 30, 2020"

and substituting "April 30, 2022".

--------------------------------

Alberta Regulation 154/2019

Condominium Property Act

CONDOMINIUM PROPERTY AMENDMENT REGULATION

Filed: November 26, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 243/2019)

on November 26, 2019 pursuant to

section 81 of the Condominium Property Act.

1 The Condominium Property Regulation (AR 168/2000) is

amended by this Regulation.

Section 1(1) is amended

(

a) by adding the following after clause (a):

(a.01) "contemplated litigation" means any matter that might

reasonably be expected to become a legal action

involving a corporation based on information that is

within the corporation's knowledge or control;

(

b) by adding the following after clause (a.2):

(a.3) "purchaser" includes, for the purposes of this

Regulation and

section 44 of the Act, a person who has

entered into

(

i) a purchase agreement respecting a unit, or

(ii) an agreement to purchase a leasehold interest in a

unit;

Section 5 is amended by adding the following after

subsection (3):

(4) Units that are delineated, illustrated and labelled as parking

spaces under

section 8(1)(l.1) of the Act must be identified on the

condominium plan in a form and manner acceptable to the Registrar.

Section 7 is amended by striking out "Form 1" and

substituting "the form set by the Registrar".

Section 11 is amended by striking out "Form 2 or in any

other form that the Registrar specifies" and substituting "the form

set by the Registrar".

Section 12 is amended by adding the following after

subsection (1):

(1.1) A notice of an amendment to a bylaw of a corporation made

pursuant to

section 34.1(2) of the Act is to be in Form 3.1.

Section 13 is amended by adding ", 52(5) or 63(4)" after

"49(4)".

Section 17 is amended by striking out "Form 6" and

substituting "Form 4".

Section 20 is repealed and the following is substituted:

Directors of corporation

20 The notices required to be filed under sections 10.1(1) and

(2) and 28(5) and (6) of the Act

(

a) is to be in Form 8, and

(

b) must include the name and current address for service of

each current member of the board of directors of the

corporation.

Section 20.1(1)(

e) is repealed and the following is

substituted:

(

e) events leading to an order under

section 24.1(1) of the

Financial Administration Act in respect of a public

emergency or disaster;

Section 20.2 is amended

(

a) by renumbering it as

section 20.2(1);

(

b) by adding the following after

section 20.2(1)(r):

(

s) a copy of any standard insurable unit description, as

defined in

section 60.1(c).

(

c) by adding the following after subsection (1):

(2) Section 20.2(1)(

s) applies only in respect of a board

elected under

section 29 of the Act on or after January 1, 2020.

12 The following is added after

section 20.4:

Part 1.6

Documents Provided

by Corporation

Information provided after annual general meeting

20.5(1) Within 60 days after an annual general meeting, a

corporation shall provide each owner and each mortgagee who has

given written notice under

section 26(3) of the Act with the approved

minutes, or draft minutes if no minutes have been approved, of the

annual general meeting.

(2) The approved minutes or draft minutes provided under

subsection (1) must include records of the votes held at the annual

general meeting, recording the following information:

(

a) if an ordinary resolution was proposed, the results of the

vote;

(

b) if a special resolution was proposed,

(

i) the number of persons entitled to exercise the power of

voting who voted in favour of the resolution and the

number of unit factors represented by these persons, and

(ii) the number of persons entitled to exercise the power of

voting who did not vote in favour of the resolution and

the number of unit factors represented by these persons;

(

c) for an election of board members determined by a vote, the

number of votes in favour of each candidate.

Annual budget disclosure

20.51(1) In addition to complying with financial disclosure

requirements under

section 30(4) of the Act, a corporation shall, at

least 30 days before the start of the fiscal year to which the annual

budget applies, provide a copy of the annual budget to owners and to

mortgagees who have given written notice under

section 26(3) of the

Act.

(2) If the corporation makes revisions to the budget provided under

subsection (1), the corporation shall provide a copy of the revised

budget to the owners and mortgagees as soon as possible.

Information, documents disclosed for purposes of s44 of Act

20.52(1) Subject to subsection (2), the following information and

documents are prescribed for the purposes of

section 44 of the Act:

(

a) an information statement that includes all of the following:

(

i) the particulars of

(

A) any action commenced against the corporation in

respect of which the corporation has been served,

including the amount claimed against the

corporation,

(

B) any unsatisfied judgment or order for which the

corporation is liable, and

(

C) any written demand made on the corporation for an

amount in excess of $5000 that, if not met, may

result in an action being brought against the

corporation;

(ii) a statement setting out the amount of the capital

replacement reserve fund;

(iii) a statement setting out the amount of the contributions

and the basis on which that amount was determined;

(iv) a statement setting out any structural deficiencies that

the corporation has knowledge of at the time of the

request in any of the buildings that are included on the

condominium plan;

(

v) loan disclosure statements for current loans, including

documents showing the starting balance, current

balance, interest rate, monthly payment, purpose of the

loan, amortization period and default information, if

applicable;

(

b) the particulars or a copy of any subsisting or prior

management agreement;

(

c) the particulars or a copy of any subsisting recreational

agreement;

(

d) the particulars respecting any post tensioned cables that are

located anywhere on or within the property that is included in

the condominium plan;

(

e) a copy of the budget of the corporation;

(

f) a copy of the annual financial statements of the corporation;

(

g) a copy of the bylaws of the corporation;

(

h) in respect of a particular fiscal year, a copy of

(

i) all approved minutes of all general meetings of the

corporation, if available,

(ii) draft minutes of general meetings, if approved minutes

are not available, for meetings that occurred at least 30

days before the date of the request, and

(iii) approved minutes of board meetings;

(

i) a statement setting out the unit factors and the criteria used to

determine unit factor allocation;

(

j) a copy of any lease agreement or other exclusive possession

agreement with respect to the possession of a portion of the

common property or real property of the corporation,

including a parking stall or storage unit;

(

k) a consolidation of all the rules made by the corporation under

section 32.1 of the Act;

(

l) the text of written ordinary and special resolutions voted on

by the corporation and the results of the voting on those

resolutions, other than the results of a vote conducted by a

show of hands;

(

m) copies of reports prepared for the corporation by

professionals, including professional engineers but excluding

reports requested and obtained by the corporation's legal

counsel in relation to actual or contemplated litigation;

(

n) copies of insurance certificates held by the corporation;

(

o) copies of insurance policies held by the corporation;

(

p) the current standard insurable unit description for the

residential units or classes of residential units;

(

q) copies of reserve fund plans, reserve fund reports and annual

reports.

(2) Subsection (1) applies

(

a) to information or documents to which

section 20.55(2)

applies, only for the applicable retention period determined

under

section 20.55(1), or

(

b) to information or documents created before January 1, 2020,

only if the corporation possesses or has access to the

information or documents.

(3) An owner is not precluded from making copies of any

information or documents provided under

section 44 of the Act and

providing copies of this information or these documents to other

persons.

Fees

20.53(1) A corporation or any person providing documents on

behalf of a corporation may charge fees not exceeding the following

amounts, subject to subsections (2) and (3), for the provision, in the

ordinary course, of the following classes of information or

documents:

(

a) a certificate provided under

section 43.2 of the Act, $200;

(

b) an information statement that includes all the information

listed in

section 20.52(1)(a), $100;

(

c) a document other than one referred to in clause (

a) or (b),

(i) $0.25 per page, where the document is provided in hard

copy format and exceeds 40 pages in length, or

(ii) $10, where the document is provided in a format other

than hard copy format or does not exceed 40 pages in

length.

(2) If a corporation or a person acting on behalf of the corporation

produces, as requested, information or a document listed in

section

20.52(1) within 3 days of the request, excluding a holiday as defined

in the

Interpretation Act, the corporation may, subject to the bylaws,

charge the following fee in addition to the applicable fee under

subsection (1):

(

a) up to $100 for a certificate provided under

section 43.2 of the

Act;

(

b) up to $50 for particulars or an information statement listed in

section 20.52(1)(a);

(

c) up to $20 for any other information or document.

(3) Subject to subsection (4), a party that is at arm's length from

both the corporation and the condominium manager may charge a

reasonable fee to provide information or documents listed in

section

20.52(1) to parties requesting the information or documents.

(4) A party that is at arm's length from both the corporation and the

condominium manager may charge a fee under subsection (3) only if

all of the following conditions are met:

(

a) the fee is calculated on the basis of either a charge for each

document or a charge representing a percentage of the cost of

the documents, but not both;

(

b) the method by which the fee is to be calculated has been set

out in a contract with the party charging the fee;

(

c) the fee is applicable to all requests from any party for any

documents or information listed in

section 20.52(1);

(

d) a mechanism is available for any party to obtain the

information or documents, other than through the party at

arm's length from the corporation and condominium

manager.

(5) A party charging a fee under subsection (3) shall not provide any

portion of the fee to the corporation, condominium manager or an

employee of the corporation or condominium manager.

Information, documents provided at no charge

20.54 A corporation shall not charge for providing information or

documents to a person making a request under

section 44 of the Act

(

a) the information or document provided had not been requested

by the person making the request, or

(

b) under the Act, the regulations under the Act or the bylaws,

the person making the request is entitled to receive the

requested information or document without making a request,

but has not yet received that information or document at the

time of the request.

Retention periods for information and documents

20.55(1) A corporation shall retain the information and documents

described or set out in the first column of

Schedule 3 for the

corresponding time period set out in the 2nd column of

Schedule 3,

or the time period set out in the bylaws, whichever period is longer.

(2) A corporation may retain information or a document referred to

in subsection (1) in an electronic format if the information or

document

(

a) is complete,

(

b) is legible in its entirety, and

(

c) is capable of being reproduced by the corporation in an

electronic format or in a hard copy format.

(3) If a version of a document in an electronic format complies with

subsection (2), the version in an electronic format is considered the

original document.

Section 21 is amended

(

a) by repealing subsection (1)(c);

(

b) by repealing subsection (2) and substituting the

following:

(2) For the purposes of

section 23, a reference to a reserve

fund study provider includes a corporate entity if the corporate

entity, in carrying out the functions of a reserve fund study

provider, employs or otherwise retains the services of an

individual who is a reserve fund study provider to carry out

those functions.

(3) For greater certainty, nothing in this Part precludes a

reserve fund study provider from

(

a) engaging a person who is not a reserve fund study

provider to assist in the carrying out of a reserve fund

study or in the preparation of a reserve fund report, or

(

b) relying on information and documents prepared or

provided by persons who are not reserve fund study

providers in the carrying out of a reserve fund study or

in the preparation of a reserve fund report.

14 The following is added after

section 21:

Reserve fund study provider qualifications

21.1(1) In this Part, subject to subsection (2), in respect of the

depreciating property, an individual is not permitted to act as a

reserve fund study provider unless the individual

(

a) is

(

i) a professional engineer,

(ii) a professional technologist,

(iii) a certified technologist as defined in the ASET

Regulation (AR 282/2009) who holds a certificate

of registration as a certified engineering

technologist or applied science technologist,

(iv) a registered engineering technologist as defined in

the ASET Regulation (AR 282/2009),

(

v) a registered architect,

(vi) a person who is a member of the Appraisal

Institute of Canada and holds the designation of

Accredited Appraiser Canadian Institute,

(vii) a person who is a member of the Canadian

National Association of Real Estate Appraisers and

holds the designation of Designated Reserve

Planner or Designated Appraiser Commercial,

(viii) a person who is a member of the Canadian

Institute of Quantity Surveyors and holds a

designation as a Professional Quantity Surveyor,

(ix) a certified reserve planner who is accredited by the

Real Estate Institute of Canada,

(

x) a persons who holds a certificate from the Reserve

Fund Planning Program at the University of British

Columbia, or

(xi) an individual who has successfully completed

training recognized by the Director or possesses

qualifications that are recognized by the Director,

and

(

b) is knowledgeable with respect to

(

i) the depreciating property or that type of

depreciating property,

(ii) the operation and maintenance of the depreciating

property or that type of depreciating property, and

(iii) the costs of replacement of or repairs to, as the

case may be, the depreciating property or that type

of depreciating property.

(2) In this Part, despite subsection (1), the following individuals

are not permitted to act as a reserve fund study provider:

(

a) a director, officer or employee of the corporation;

(

b) a condominium manager under a management

agreement with the corporation;

(

c) a partner, employer or employee of a person referred to

in clause (

a) or (b);

(

d) the spouse or common law partner or a child of a

director or officer of the corporation, or a child of the

spouse or common law partner of a director or officer of

the corporation;

(

e) an owner of a unit on the parcel;

(

f) an occupant of a unit on the parcel.

(3) Despite subsections (1) and (2) and sections 21.2 and 23,

where a contract for a reserve fund study was entered into before

January 1, 2020, the qualifications of an individual to carry out a

reserve fund study are governed by

section 21 as it read on

December 31, 2019.

Developer, interim board reserve fund plan

21.2 A developer or interim board that arranges for a reserve

fund study before a board is elected under

section 29 of the Act

shall ensure that the reserve fund study is carried out by a reserve

fund study provider who is at arm's length from the developer or

every member of the interim board, as the case may be.

Section 22 is amended by striking out "qualified person"

and substituting "reserve fund study provider".

Section 23 is amended

(

a) in subsection (1)

(

i) by striking out "qualified person" and substituting

"reserve fund study provider";

(ii) in clause (

a) by striking out "25 years" and

substituting "30 years or a time period longer than 30

years";

(

b) in subsection (2)

(

i) by striking out "qualified person" and substituting

"reserve fund study provider";

(ii) by adding the following after clause (a):

(a.1) conduct an on-site visual inspection of all visible

components of the depreciating property;

(a.2) interview the members of the board;

(a.3) interview, to the extent the reserve fund study

provider considers necessary, the condominium

manager or managers for the corporation, if any,

any employees of the corporation or condominium

manager, or any other person;

(a.4) review relevant documents, including the

condominium plan, construction documents and

maintenance records;

(

c) in subsection (3)

(

i) by striking out "On completing the reserve fund

study under this section, the person who carried out the

study" and substituting "After the reserve fund study

under this

section is completed, the reserve fund study

provider";

(ii) by repealing clause (

b) and substituting the

following:

(

b) a signed statement that the person is a reserve fund

study provider and no grounds of disqualification

under

section 21.1 or 21.2 apply;

Section 25 is amended by striking out "qualified person to

preparing" and substituting "reserve fund study provider to

prepare".

Section 29 is amended

(

a) in subsection (1) by adding the following after

clause (c):

(

d) the amount of the reserve fund projected for the current

fiscal year;

(

e) total payments by ordinary or special resolutions into,

and payments out of, the reserve fund for the current

fiscal year;

(

f) a list of the depreciating property projected to be

repaired or replaced during the current fiscal year and

the projected costs of the repairs and replacements.

(

b) by repealing subsection (2).

Section 30 is amended by striking out "At the conclusion

of" and substituting "On or before".

Section 31 is repealed.

21 The following is added after

section 31.1:

Part 2.2

Meetings, Voting

Proxies

31.2(1) Subject to subsections (2) and (3), a proxy may be given to

any individual by an owner or a mortgagee who has given written

notice under

section 26(3) of the Act.

(2) A proxy is invalid if it is given to a minor or a person other than

an individual.

(3) A proxy is invalid if it is given to a condominium manager or

employee of either the corporation or a management company

retained by the corporation, unless the proxy contains a limitation

that it was given only for the purposes of establishing quorum for a

meeting.

(4) An owner that is not an individual may be represented in a vote

(

a) by a member of the board of directors of the owner, or, if

there is no board of directors, by a member of a similar body

in respect of that owner, or

(

b) by an individual to whom the owner has given a proxy.

(5) Where 2 or more proxies are presented to a corporation in

respect of the same unit by the same owner, only the most recently

given proxy is valid.

Written proxy requirements

31.3(1) A proxy is invalid unless it is in an electronic or hard copy

format and contains at least the following elements:

(

a) the name and unit number of the owner or mortgagee giving

the proxy;

(

b) the name of the individual to whom the proxy is given;

(

c) the date the proxy is given;

(

d) the signature of the owner or mortgagee giving the proxy, or

in the case of an owner or mortgagee that is not an

individual, the signature of a person authorized to sign for

that owner or mortgagee.

(2) A proxy may be revoked in an electronic or hard copy format.

Restrictions respecting proxies

31.4 A proxy expires on the earliest of

(

a) the expiry date set out on the proxy,

(b) 6 months from the date on which the proxy was given, and

(

c) the date on which the person who gave the proxy ceases to be

an owner or mortgagee of the unit in respect of which the

proxy was given.

Rules respecting proxies

31.5(1) Except to the extent that a matter is already dealt with in

the bylaws, subject to subsection (2), a corporation may adopt rules

respecting the use of proxies, including, without limitation,

procedures respecting the presentation, verification and registration

of proxies.

(2) Rules may be adopted under subsection (1) only as may be

reasonably necessary for the expedient conduct of meetings or votes.

(3) Subject to the bylaws, proxies must be certified before or at the

outset of the general meeting at which an individual is seeking to

exercise the proxy.

Amendment, repeal of rules

31.6(1) For greater certainty, a rule established by the board may be

amended or repealed by an ordinary resolution.

(2) If there is a conflict or inconsistency between an ordinary or

special resolution and a rule established by the board, the resolution

prevails to the extent of the conflict or inconsistency.

Part 2.3

Borrowing by Corporation

Resolution for borrowing

31.7(1) In this section, "resolution" means an ordinary resolution,

or a special resolution if a bylaw requires that a special resolution be

passed for the purposes of approving borrowing of money by the

corporation.

(2) Subject to subsection (5), the borrowing of money by a

corporation must be authorized by a resolution where the sum of the

amount of the loan and all outstanding loans during that fiscal year is

more than

(a) 15% of the corporation's revenues as set out in the most

recent financial statements prepared under

section 30(4)(

a) of

the Act, or an amount set out in the bylaws, or

(

b) the maximum amount of borrowing for the corporation for

that fiscal year, as adopted by a previous resolution to

authorize borrowing,

whichever is greater.

(3) A resolution adopted under subsection (2)(

b) must specify the

maximum amount the corporation is permitted to borrow in the fiscal

year as either a percentage of the corporation's revenues as set out in

the most recent financial statements prepared under

section 30(4)(

a) of the Act, or as an amount in dollars.

(4) Subject to subsection (5), nothing prevents a corporation from

passing more than one resolution under subsection (2)(

b) in a year,

but, if a corporation lowers the maximum amount permitted for

borrowing by a resolution, the resolution has no impact on a loan

validly borrowed under a higher permitted maximum amount.

(5) Subsections (2) to (4) do not apply if the certificates of title to all

of the units included in the condominium plan are registered in the

name of the same owner or the same group of owners.

Statement respecting permitted borrowing

31.8(1) A board may issue a statement to a lender or a prospective

lender attesting to the corporation's

(

a) maximum permitted borrowing amount, as of the date of

issue, and

(

b) remaining permitted borrowing amount, based on current

corporate indebtedness.

(2) Unless a statement issued under subsection (1) is withdrawn

before a loan is advanced to the corporation, the statement is

conclusive proof in favour of the person who received the statement

that if the corporation borrows funds in accordance with the limit

described on the statement, it does so validly, unless the person has,

or by virtue of the person's position with or relationship to the

corporation ought to have, knowledge of more accurate facts at the

relevant time.

(3) A corporation shall withdraw or revise a statement respecting

permitted borrowing where the corporation's borrowing limit

changes before a loan is advanced to the corporation on the basis of

the statement.

Section 42 is repealed.

Section 60(1)(

a) is amended by striking out "Form 12"

and substituting "the form set by the Registrar" .

24 The following is added before

section 61:

Definitions

60.1 In this Part, in respect of all the units on a parcel or all

classes of residential units on the parcel,

(a) "class of residential units" means residential units on the

parcel

(

i) having a comparable design or comparable original

fixtures and finishing, or

(ii) in similar types of buildings, in the case of multiple

buildings on a condominium plan;

(b) "fixtures and finishing" means the property described in

section 61.1(3);

(c) "standard insurable unit description" means a description, as

provided to purchasers by the developer, or as adopted by the

corporation under

section 61.2(2), of standard fixtures and

finishing in a residential unit or a class of residential units.

Insurance requirements imposed by corporation

60.2 A corporation may, by bylaw,

(

a) require owners to purchase insurance with respect to

deductibles that may be payable to a corporation under

section 62.4 in respect of a corporation's insurance policy,

(

b) specify the particulars of insurance to be purchased for the

purposes of clause (a), and

(

c) specify the proof an owner must provide to the corporation

respecting the insurance purchased.

Section 61(1)(

k) is repealed and the following is

substituted:

(

k) riot, vandalism or a malicious act, other than vandalism or a

malicious act caused by an owner to the unit the owner owns

or by an occupant or tenant to the unit that the occupant or

tenant occupies;

Section 62 is repealed and the following is substituted:

Insurance on units, fixtures, finishing

61.1(1) For the purposes of this Part and

section 47(1) of the Act,

"improvements" as made to units by owners do not include

(

a) any property included in the applicable standard insurable

unit description, in the case of a residential unit, or

(

b) any fixtures and finishing that must be insured by a

corporation under subsection (2), in the case of a non-

residential unit.

(2) Unless the bylaws require that additional insurance be provided

by the corporation, for the purposes of

section 47(1)(

a) of the Act, a

corporation shall, at a minimum, place and maintain the following

amount of insurance, as applicable:

(

a) for the residential units on the parcel, other than those owned

by a developer, the replacement value of the units and of the

fixtures and finishing in the units, as if all units contained the

features as described in the applicable standard insurable unit

description;

(

b) for the residential units owned by the developer on the

parcel, the replacement value of the units and of the fixtures

and finishing as they existed at the time of the registration of

the condominium plan;

(

c) for the non-residential units on the parcel, other than those

described in clause (d), the replacement value of the units,

which, for greater certainty, excludes the replacement value

of any fixtures and finishing in the units;

(

d) for the non-residential units on the parcel being used in

connection with a residential purpose, including parking

spaces and storage units for owners of residential units, the

replacement value of the units and of the fixtures and

finishing in the units, as the units and fixtures and finishing

were typically provided to purchasers by a developer;

(

e) for the units on the parcel that are owned by the corporation,

the replacement value of the units and of the fixtures and

finishing in the units.

(3) A standard insurable unit description must include a description

of the typical features in the applicable units, other than units that

are common property, including the following, as applicable:

(

a) floor coverings, wall coverings and ceiling coverings;

(

b) electrical lines and fixtures, including lighting fixtures;

(

c) plumbing lines and fixtures;

(

d) natural gas lines and fixtures;

(

e) fixtures with respect to air exchange and temperature control;

(

f) walls that do not form the unit's boundaries, and any

windows and doors located in those walls;

(

g) cabinets and counter tops;

(

h) non-chattel appliances.

(4) Nothing in this Part precludes a corporation from increasing the

amount of insurance obtained for a unit in accordance with

subsection (2)(

a) to reflect a higher replacement value, where the

corporation determines that there are variations, in size or in other

material factors, from the standard insurable unit description among

the units in a class of residential units.

Standard insurable unit description process

61.2(1) If

section 61.1(2)(

a) applies, and if the developer has not

prepared and provided the standard insurable unit description for the

residential units or each class of residential units, the corporation

shall

(

a) ensure that a standard insurable unit description has been

adopted for each class of residential units, and

(

b) identify the standard insurable unit description that applies to

each of the residential units on the parcel if there are 2 or

more classes of residential units on the parcel.

(2) A corporation may adopt or amend a standard insurable unit

description by

(

a) a special resolution,

(

b) an ordinary resolution, if the corporation has not passed a

special resolution referred to in clause (a), or

(

c) a board resolution, if the corporation has not passed a special

resolution referred to in clause (a), and has not passed an

ordinary resolution referred to in clause (b).

(3) If a corporation adopts a standard insurable unit description

pursuant to subsection (2)(c), the corporation must present that

description as an agenda item at the next annual general meeting of

the corporation for ratification or amendment by ordinary resolution.

(4) If a corporation adopts a standard insurable unit description

under subsection (1) or (2) or amends a standard insurable unit

description under subsection (2), the corporation shall file at the land

titles office a notice containing the most current standard insurable

unit description applicable to all classes of residential units.

(5) A notice under subsection (4)

(

a) must be submitted for filing in a form acceptable to the

Registrar, and

(

b) must contain

(

i) a clear indication of the type of resolution under which

the standard insurable unit definition was adopted or

amended,

(ii) a certification that the resolution was duly passed,

(iii) the seal of the corporation, and

(iv) any other information required by the Registrar.

(6) A corporation shall file all standard insurable unit descriptions

adopted or amended under subsection (2) with the land titles office

in the form set by the Registrar.

Insurance amount and deductible

62(1) Property that is insured as required pursuant to

section 47 of

the Act, other than pursuant to

section 47(1)(

a) of the Act, must be

insured for its replacement value.

(2) Property insurance required pursuant to

section 47 of the Act is

subject to any reasonable deductible that is agreed to by the

corporation and the insurer.

Notice to owner

62.1(1) The standard insurable unit description for a residential unit

is an additional matter of which the corporation shall provide notice

to each owner in accordance with

section 48 of the Act.

(2) If the corporation receives a notice of cancellation of an

insurance policy, it shall provide written notice of the cancellation to

all unit owners as soon as possible.

Repairs to units

62.2(1) A corporation shall make repairs or arrange for and

supervise repairs to a unit and fixtures and finishing in a unit after

damage where the corporation is responsible for insuring the

property affected by the damage.

(2) A corporation is not responsible for making or arranging for

repairs after damage where the damage is in respect of property that

the corporation is not required to insure, including improvements

made by an owner or to property covered by insurance specified by

corporation bylaws as being the responsibility of an owner.

(3) Where a unit is insured on the basis of a standard insurable unit

description, the corporation shall rebuild the unit to the standard set

out in the standard insurable unit description, unless

(

a) an owner of a unit has a separate policy of insurance for

improvements made by the owner, or is willing to pay for

improvements to the unit as an out-of-pocket expense,

(

b) at least one item of the property described as fixtures and

finishing was absent, destroyed or partially damaged or

below the standard of the standard insurable unit description

at the time of the damage and the corporation had no prior

obligation to repair the property from its previous status as

absent, destroyed or partially damaged, unless the owner is

willing to pay out of pocket for the costs of repairing the

absent, destroyed or partially damaged property, or

(

c) the fixtures and finishing in the unit had been installed below

the standard as set out in the standard insurable unit

description.

(4) In a situation described in subsection (3)(c), the corporation shall

rebuild the unit to reflect its prior fixtures and finishing, unless the

owner is willing to pay the costs of upgrading the fixtures and

finishing of the unit as an out-of-pocket expense.

(5) Subject to subsection (6), a corporation is not responsible for

making or arranging for repairs after damage where the damage is in

respect of property that the corporation is not required to insure,

including improvements made by an owner or to property covered

by insurance specified by corporation bylaws as being the

responsibility of an owner.

(6) Where a unit owner acquires a separate policy of insurance for

the fixtures and finishing in a unit for an amount in excess of what

the corporation is required to insure, and the fixtures and finishing of

the unit are damaged, unless the corporation is not required to insure

the fixtures and finishing in the unit, the unit owner and the unit

owner's insurer shall allow the corporation to make repairs or

arrange for and supervise repairs to the fixtures and finishing of the

unit on the unit owner's and the insurer's behalf, unless the

corporation agrees to another arrangement.

(7) Nothing in this

section precludes a corporation, by bylaw, from

assigning responsibility to the owner of a unit for making repairs or

arranging for and supervising repairs of the unit.

Urgent repairs by corporation

62.3(1) A corporation is authorized to make or arrange for and

supervise repairs to a unit after damage that was not the

corporation's responsibility to insure against, if

(

a) the failure to repair poses a risk to public safety, or puts

common property, other units, occupants or personal

property in common property or other units at risk,

(

b) the owner of the unit or an agent of the owner has not

commenced repairs within a reasonable amount of time, and

(

c) the corporation has provided reasonable notice to the owner.

(2) The owner of a unit repaired by the corporation is liable to pay

the corporation for the prudent costs of actions taken by the

corporation under subsection (1).

Recovery of amount of deductible

62.4(1) A corporation may pay an insurance deductible in an

insurance claim and recover the amount of the deductible from an

owner in accordance with this section.

(2) Subject to subsections (3) and (5), an owner, on demand by the

corporation, is absolutely liable to the corporation for the amount of

the deductible in the corporation's insurance claim for damage that

originates in or from the owner's unit or an exclusive possession area

assigned to the owner.

(3) Despite any bylaw to the contrary, a corporation must not

require an owner to pay an amount greater than $50 000 as a

deductible in the corporation's insurance claim.

(4) A corporation may recover an amount under subsection (2) from

an owner by

(

a) an action in debt, or

(

b) levying a contribution under

section 39(1) of the Act, if

permitted by the bylaws.

(5) An owner is not liable to a corporation for the amount of the

deductible in the corporation's insurance claim where the claim

arose from

(

a) a defect in the construction of the unit or exclusive

possession area assigned to the owner,

(

b) damage attributable to

an act or omission of the corporation,

a member of the board, officer, employee or agent of the

corporation, or any combination of them, or

(

c) normal structural deterioration of the common property, the

managed property or the real property of the corporation,

other than property that the owner was responsible to repair

or maintain.

(6) Nothing in this

section shall be construed in a manner to affect a

civil action or other remedy at law of an owner or a corporation

against a person who is responsible for damage to property,

including damage to property caused through wilfulness or

negligence.

Insurance against fraudulent or dishonest acts

62.5(1) In this section, "manager" includes an employee who

handles money belonging to the corporation.

(2) A corporation shall obtain one or more corporation insurance

policies that provide the corporation with coverage from a loss

directly caused by a fraudulent or dishonest act of a member of the

board or a manager, where the member of the board or manager acts

alone or in collusion with others with intent to

(

a) cause a loss to the corporation, or

(

b) improperly obtain a financial benefit for the member of the

board or the manager or another person.

(3) The amount of coverage under the insurance policies held by a

corporation under subsection (2) must be at least

(

a) the amount, if any, set or determined in accordance with

criteria set for this purpose by the corporation in its bylaws,

(

b) the sum of the reserve fund balance at the start of the

corporation's current fiscal year, and the balance of the

operating account at the beginning of the corporation's

current fiscal year, if no amount or criteria are set in the

corporation's bylaws.

(4) A corporation shall review the amount of coverage for insurance

policies held under subsection (2) at least once every 2 years, and

adjust it as necessary, to ensure that it complies with subsection (3).

(5) Subsections (2) to (4) do not apply to a corporation if the

certificates of title to all of the units included in the condominium

plan are registered in the name of the same owner or the same group

of owners.

(6) This

section applies to a corporation beginning at the time that

the first insurance policy is obtained or renewed by the corporation

under

section 47 of the Act on or after January 1, 2020.

Director's

interpretation

62.6(1) The Director may issue advisory opinions and

interpretation bulletins with respect to insurance under this

Regulation and

section 47 of the Act.

(2) Advisory opinions and

interpretation bulletins issued under

subsection (1) are not binding.

27 The following is added after

section 73:

Part 8.01

Transfer, Lease or Sale of Common

Property, Easement of Covenant

or Condominium Parcel

Transfer, lease or sale of common property

73.01(1) In this section, "persons having a registered interest in the

parcel" means persons who have an interest registered against the

condominium plan or certificate of title to a unit in the condominium

plan, but does not include persons who own units.

(2) Before a corporation proceeds with a transfer or lease of

common property under

section 49 of the Act, the corporation shall

obtain the consent in writing of at least 75% of the persons having a

registered interest in the parcel to

(

a) the release of those interests in respect of the land comprised

in the proposed transfer or lease, or

(

b) the execution of the proposed transfer or lease.

(3) Before a corporation grants an easement or covenant burdening a

parcel under

section 52 of the Act, the corporation shall obtain the

consent in writing of at least 75% of the persons having a registered

interest in the parcel to the release of those interests in respect of the

land comprised in the proposed easement or covenant.

(4) Before a corporation proceeds with a transfer of a parcel or part

of a parcel under

section 63 of the Act, the corporation shall

(

a) hold a meeting of the owners and persons having a registered

interest in the parcel, and

(

b) obtain the consent in writing of at least 75% of the persons

having a registered interest in the parcel to the release of the

interest in respect of the land comprised in the proposed

disposition.

(5) A corporation shall provide the following information to persons

attending a meeting under subsection (4)(a):

(

a) the reason for the termination of the corporation;

(

b) the status of the termination process;

(

c) details of the proposed sale;

(

d) a statement of the proportion of the sale proceeds to be

allocated in respect of each unit;

(

e) a list of the persons having a registered interest in the parcel

who will be asked to consent to the release of their interests

in respect of the parcel;

(

f) any other factors the corporation considers relevant to the

owners and persons having a registered interest in the parcel

in respect of the sale.

(6) Despite subsection (2), (3) or (4), a corporation may, on 60 days'

written notice to each of the persons having a registered interest in

the parcel, apply to the Court for an order to proceed with

(

a) a transfer or lease of common property under

section 49 of

the Act,

(

b) a grant of an easement or covenant burdening the parcel

under

section 52 of the Act, or

(

c) a transfer of a parcel or part of a parcel under

section 63 of

the Act.

(7) The Court may, after hearing an application under subsection

(6), waive the requirement for at least 75% of persons having a

registered interest in the parcel to release their interests, and make

the order sought under subsection (6), subject to any terms and

conditions that the Court considers appropriate in the circumstances.

(8) Where the Court makes an order under subsection (7), the

interests of the persons having a registered interest in the parcel are

terminated to the extent of the disposition permitted by the order of

the Court.

Sale of condominium parcel

73.02(1) On registration by the Registrar of a transfer executed

under

section 63 of the Act, the proceeds of the sale shall be

(

a) first, used to pay any remaining debts and liabilities of the

corporation, and

(

b) second, distributed to the owners of the units in the

condominium plan in shares proportional to the unit factors

for the units, subject to subsection (2) and

section 73.03.

(2) Nothing in this

section affects a claim to sale proceeds arising

under this

section by a person holding a charge on a unit.

Corporation-owned units on termination

73.03 A unit owned by the corporation constituted in respect of a

particular condominium plan is deemed to have been allocated zero

unit factors for the purposes of

(

a) determining the shares of the owners of units of a parcel as

tenants in common under

section 62(2) of the Act, or

(

b) the distribution of proceeds of a sale of the parcel under

section 63 of the Act.

28 The following is added after

section 73.4:

Part 8.3

Notices, Notifications

Definition

73.5 In this Part, "corporation" means the corporation constituted

in respect of a particular condominium plan.

Electronic notices, notifications

73.51(1) Where an owner has requested and consented to receive

communications from a corporation by electronic means and has

provided an electronic address for this purpose, the corporation shall,

subject to subsection (3), send minutes, notices and notifications,

including, without limitation, notices of meetings or notices of non-

compliance with bylaws and notifications of new rules by electronic

means to that address.

(2) Where the corporation provides notice to an electronic address,

the notices and any attachment to the notices must be sent in a

manner that is capable of being indefinitely retained by the recipient.

(3) The corporation is not required to send notices to electronic

addresses pursuant to subsection (1) unless the electronic address is

(

a) an email address, or

(

b) any other type of electronic address that is permitted by the

bylaws or the rules, or that is acceptable to the board, as

signified by a board resolution.

(4) A notice or notification sent under subsection (1) is considered

to have been received by the owner 24 hours after it is sent by

electronic means to the electronic address referred to in subsection

(1).

(5) An owner who has provided an electronic address for the

purpose of receiving communications from a corporation shall

ensure that the corporation is notified if this electronic address

changes.

Notification of new rule

73.6(1) Subject to subsections (2), (3) and (4), at least 30 days

before a new rule is to come into effect, a corporation shall

(

a) provide written notice of the new rule by either

(

i) delivering it to each occupied unit on the parcel, or

(ii) posting it in an open and conspicuous common area on

the parcel to which all owners and occupants have

access,

and

(

b) serve written notice of the new rule on all owners who do not

reside on the parcel.

(2) A corporation may establish a rule that comes into effect

immediately on notice being provided to, or served on, all the

persons referred to in subsection (1) in accordance with subsection

(1) if the rule

(

a) addresses a safety concern, a security concern or an

emergency, including an emergency resulting from one of the

circumstances set out in

section 20.1(1)(

a) to (g), and

(

b) ceases to apply when the safety concern, security concern or

emergency no longer exists.

(3) Subject to subsection (2), a rule is of no force or effect until 30

days after all written notices have been provided or served under

subsection (1).

(4) Subsection (1)(

b) does not apply if the certificate of title to all of

the units included in the condominium plan is registered in the name

of the same owner or the same group of owners.

Consequences of non-compliance with bylaw

73.7(1) Before imposing a sanction on a person who fails to

comply with a bylaw, a corporation must serve a notice of proposed

sanction on the person.

(2) If a person who fails to comply with a bylaw is a tenant, a

corporation may serve a notice of proposed sanction on the owner of

the unit, in addition to complying with subsection (1).

(3) A notice of proposed sanction must contain the following

information:

(

a) the unit number associated with the failure to comply with a

bylaw;

(

b) the name of the person subject to the proposed sanction, if

known;

(

c) the provision of the bylaw that has not been complied with;

(

d) if the sanction is provided for in a bylaw in respect of non-

compliance with a rule, the rule that has not been complied

with;

(

e) the date and time of the non-compliance, if applicable;

(

f) other relevant particulars of the failure to comply;

(

g) if applicable, the maximum monetary sanction for non-

compliance with the bylaw;

(

h) a description of corrective or other action, if any, that must

be taken in respect of the non-compliance;

(

i) the deadline, which must be at least 3 days, excluding

holidays, after service of the notification, for taking the

required actions or providing a written response to the

notification, if any.

(4) A person who is served with a notice of proposed sanction must

be provided at least 3 days, excluding holidays, to provide a written

response to the notice or to comply with the actions required under

the notice.

(5) When the deadline for a written response or corrective actions

has expired and the corporation is not satisfied with the response or

actions, if any, the corporation may, in accordance with subsection

(6), impose a sanction

(

a) on the person named in the notice of proposed sanction, or

(

b) if no person is named in the notice of proposed sanction,

(

i) on the owner, if the owner has not provided a notice to

the corporation under

section 53(5) of the Act setting

out the name of the tenant in possession of the unit, or

has provided a notice to the corporation under

section

53(6) of the Act that a tenant is no longer in possession

of the unit, or

(ii) on the tenant, if the owner has provided a notice to the

corporation under

section 53(5) of the Act and has not

provided a notice to the corporation under

section 53(6)

of the Act that a tenant is no longer in possession of the

unit.

(6) A corporation imposing a sanction shall serve on the person

subject to the sanction a notice of sanction that contains the

following information:

(

a) in respect of a monetary sanction, the amount of the sanction

and the instructions and the deadline for payment of the

sanction;

(

b) in respect of a sanction other than a monetary sanction, a

description of the sanction and the date and time at which it

comes into effect;

(

c) reasons for issuing the sanction;

(

d) the date of the board resolution approving the sanction.

(7) Where a person who is the subject of a proposed sanction is not

an owner, a notice required to be served under this

section may be

served on the person electronically, if the person has provided the

board with an electronic address, by personal service, ordinary or

recorded mail addressed to the unit with which the sanction is

associated, or by being left with a person apparently over the age of

18 years at the unit.

(8) A corporation imposing a sanction on a tenant shall ensure that

the owner of the unit to which the sanction relates is provided with

copies of

(

a) the notice of proposed sanction served by the corporation

under subsection (1), and

(

b) the notice of sanction served by the corporation under

subsection (6).

(9) Service is deemed to have been effected

(

a) on the date on which acknowledgment of receipt of recorded

mail is signed,

(b) 7 days after the date on which the document is sent by

ordinary mail, or

(c) 24 hours after the document is sent by electronic means.

(10) Subject to its bylaws, a corporation may delegate a power or

duty conferred on it under this section, except the power to decide to

impose a sanction.

(11) For greater certainty, nothing in this

section precludes a

condominium manager or other person from serving notices relating

to proposed sanctions.

Maximum monetary sanctions

73.8(1) Subject to subsection (2) and any other limitations set out

in the corporation's bylaws, the maximum monetary sanction that

may be imposed by a corporation for the failure to comply with a

bylaw is

(

a) for the first instance of non-compliance, $500 or a lower

amount set out in the corporation's bylaws, and

(

b) for the 2nd and subsequent instances of non-compliance,

$1000 or a lower amount set out in the corporation's bylaws.

(2) The maximum amount of the monetary sanction to be imposed

for continuing non-compliance with a bylaw is $500 for the first

week for the first instance of non-compliance and $1000 for each

subsequent week or each week of any subsequent continuing non-

compliance.

No monetary sanction for non-compliance with rule

73.81 Despite any bylaws to the contrary, no monetary sanction

may be imposed for a failure to comply with a rule.

29 The following is added before

section 74:

Definition

73.9 In this Part, "corporation" means the corporation constituted

in respect of a particular condominium plan.

30 The following is added after

section 74:

Reasonable expenses re caveat

74.1 The following expenses are prescribed for the purposes of

section 42(

b) of the Act, up to an aggregate maximum amount of the

expenses equal to the original amount owing in respect of the unit:

(

a) legal and other professional fees and disbursements

associated with preparing, registering and discharging the

caveat;

(

b) the cost of registering and discharging the caveat under the

Land Titles Act.

Maximum rental deposit

74.2(1) For the purposes of

section 53 of the Act, the maximum

rental deposit that may be charged is prescribed to be $1000 or one

month's rent, whichever is greater.

(2) Despite subsection (1), any rental deposit that is greater than the

amount prescribed in subsection (1) that was collected from an

owner by a corporation before January 1, 2020 may be retained until

the owner gives written notice that the owner's unit is no longer

rented.

Statement of account for rental deposits

74.3 A statement of account under

section 53(7) of the Act must

include an itemized list of the deductions from the rental deposit and

the purpose for which each deduction was made.

No compensation for transferred parking unit

74.4 An owner of a unit labelled in a condominium plan of

redivision as a parking space for visitors or persons with disabilities

that must be transferred to the corporation under

section 20(9) of the

Act is not entitled to any compensation respecting that unit or

transfer.

No unit factors for corporation-owned unit in

condominium contribution calculation

74.5 A unit owned by the corporation is deemed to have been

allocated zero unit factors for the purposes of calculating

contributions under

section 39 of the Act.

Section 79.1 is amended by adding the following after

subsection (9):

(10) A corporation shall, by March 31, 2020,

(

a) comply with

section 32.1(4) of the Act in respect of all rules

that were in effect immediately before January 1, 2020, and

(

b) ensure that all owners and all unit occupants receive a copy

of all rules that are in effect.

(11) On and after April 1, 2020, a rule for which a corporation failed

to comply with under subsection (10) is invalid and of no force or

effect.

(12) The registration status of existing bylaws registered by a

corporation before the repeal of the previous

section 33 of the Act

continues notwithstanding the coming into force of the new

section

33 of the Act.

(13) Section 44.2 of the Act does not apply to documents that, on

January 1, 2020,

(

a) no longer exist, or

(

b) the corporation no longer had control over or access to.

Section 81 is amended by striking out "November 30,

2019" and substituting "November 30, 2024".

Schedule 1 is amended

(

a) by repealing Form 1 and Form 2;

(

b) by adding the following after Form 3:

Form 3.1

Condominium Property Act

Section 34.1(2)

Change of Bylaw to Ensure Conformity

with the Act and Regulations

Condominium Corporation No. ____ hereby certifies that, by an

ordinary resolution passed on the ___day of ____, 20___, a bylaw of

the corporation was amended in compliance with

section 34.1(2) of the

Condominium Property Act as follows:

(set out or attach the terms of the resolution)

The seal of Condominium Corporation No. ____was affixed on the __

day of _______, 20__, in the presence of ____________.

_________________________

Director (Corporate Seal)

(

c) in Form 4

(

i) in the heading by striking out "Section 49(4)" and

substituting "Sections 49(4), 52(5) and 63(4)";

(ii) by striking out "all persons having registered interests

in the parcel and all other persons having interests

(other than statutory interests) which have been notified

to the corporation have consented in writing to the

release of those interests in respect of the land

comprised in the instrument+ and the instrument

conforms with the terms of that resolution" and

substituting "at least 75% of persons having

registered interests in the parcel have consented in

writing to the release of those interests in respect of the

land comprised in the +(transfer, lease easement,

covenant or disposition or other instrument)";

(iii) by adding

"+Include only the applicable text above

(Include only the applicable instructions of the 2 sets of

instructions below)

above

"+If, in the case"

(

d) by repealing Form 6;

(

e) in Form 8

(

i) by striking out

Notice of New or Change of Directors

and substituting

Notice of Current Board Members' Names and Addresses

for Service

(ii) by striking out "directors of the board of

Condominium Corporation No.___" and substituting

"current members of the board of directors of the

Condominium Corporation+";

(iii) by adding "FOR SERVICE" after "ADDRESS";

(iv) by adding "(add as many rows as are necessary)"

above "The seal";

(

v) by adding the following at the bottom of the

form (below "(Corporate Seal)"):

"+In the case of any change in board members for any

reason (whether an election, a resignation or

disqualification of a board member or the appointment

of a replacement board member), or a change in the

name or address of one or more board members, the

copy of Form 8 that is prepared and submitted to the

Registrar should include the names and current

addresses for service of all board members at the time."

(

f) by repealing Form 12.

34 The following is added after

Schedule 2:

Schedule 3

Minimum Retention Period for a

Corporation's Documents and Information

(Section 44.2 of the Act,

Section 20.55 of this Regulation)

Type of Documents and Information

Minimum Retention

Period

Documents and information consisting of

(

a) A copy of the current bylaws of the corporation (section

32 of the Act)

Permanent

(

b) The particulars of any action commenced against the

corporation and served on the corporation (section

20.52(1)(a)(i)(

A) of this Regulation)

At least 7 years after the

action concludes

(

c) The particulars of any unsatisfied judgment or order for

which the corporation is liable (section 20.52(1)(a)(i)(

B) of this Regulation)

At least 7 years after the

judgment or order is satisfied

(

d) The particulars of any written demand made on the

corporation for an amount in excess of $5000 that, if not

met, may result in an action being brought against the

corporation (section 20.52(1)(a)(i)(

C) of this

Regulation)

At least 7 years after the

demand is made

(

e) The particulars of any post tensioned cables that are

located anywhere on or within the property that is

included in the condominium plan (section 20.52(1)(

d) of this Regulation)

Permanent

(

f) A statement setting out the unit factors and the criteria

used to determine unit factor allocation (section

20.52(1)(

i) of this Regulation)

Permanent

(

g) A statement setting out any structural deficiencies that

the corporation has knowledge of at the time of the

request in any of the buildings that are included on the

condominium plan (section 20.52(1)(a)(iv) of this

Regulation)

(

h) Professional reports, such as engineering reports

(section 20.52(1)(

m) of this Regulation)

Permanent

(

i) Copies of any legal or other professional advice or

opinions paid for by the corporation

At least 7 years after the date

of the report

(

j) Copies of all manuals, schematic drawings, operating

instructions, service guides, manufacturers'

documentation, records of service and repairs and other

similar information or documentation in the possession

or control of the developer, the interim board or the

corporation respecting the construction, maintenance,

repair and servicing of any common property or real or

personal property of the corporation (section 16.1 of the

Act,

section 20.2(1)(

d) of this Regulation)

At least 7 years after the date

the advice or opinion was

received

(

k) Structural, electrical, mechanical and architectural

working drawings and specifications, and as built

drawings (sections 8(1)(

b) and (

e) and 16.1(1)(b)(

i) and

(ii) of the Act)

3 years after the property to

which the record relates is

disposed of

(

l) The plans that exist showing the location of

underground utility services, sewer pipes and cable

television lines located on the parcel (section 16.1(1)(

c) of the Act)

Permanent

(

m) All certificates, approvals and permits issued by a

municipal authority, a person accredited by the

Administrator under the Safety Codes Act, the

Government or an agent of the Government that relate to

the real property of the corporation, the common

property and managed property

Permanent

(

n) Any building assessment report required under the New

Home Buyer Protection Act or, in the case of a

conversion, required under

section 16.1(1)(

f) or 21.1 of

the Act

Permanent

(

o) Copies of all plans, documents and amended documents

that are required to be prepared under the Safety Codes

Act

Permanent

(

p) Copy of the condominium plan and any plan of

redivision (sections 8 and 20 of the Act)

Until the subsequent plan is

filed

The reserve fund report, reserve fund plan and any

updates of either (section 20.52(1)(

q) of this Regulation)

12 years after creation

Documents and information consisting of

(

a) A copy of the budget of the corporation (section

20.52(1)(

e) of this Regulation)

7 years after creation

(

b) Annual financial statements, if any, of the corporation

(section 30(4)(

b) of the Act)

7 years after creation

(

c) A copy of any approved minutes of proceedings of a

general meeting of the corporation or of the board

(section 20.52(1)(

h) of this Regulation)

7 years after creation

(

d) A copy of all insurance policies and insurance records

obtained by or on behalf of the corporation and the

certificate respecting each insurance policy (section 48

of the Act,

section 20.52(1)(

n) and (

o) of this

Regulation)

7 years after creation

(

e) Records of repair and maintenance

3 years after the property to

which the record relates is

disposed of

(

f) Copies of all records respecting the account maintained

by the financial institution holding the reserve fund,

operating funds or any other funds of the corporation

7 years after creation

Documents and information consisting of

(

a) A statement produced on request setting out the amount

of any contributions in respect of a unit and the amount

that is payable

3 years after creation

(

b) A statement produced on request setting out the amount

of the capital replacement reserve fund (section

20.52(1)(a)(ii) of this Regulation)

3 years after creation

(

c) A statement setting out the amount of the contributions

and the basis on which that amount was determined

(section 20.52(1)(a)(iii) of this Regulation)

3 years after creation

(

d) A copy of all caveats registered against units that are

owned by the corporation or intended to be transferred

to the corporation

3 years after registration

(

e) Draft minutes of an annual general meeting that

happened at least 30 days before (section 20.52(1)(

h) of

this Regulation)

Current - until replaced by

approved minutes

(

f) A loan disclosure document (section 20.52(1)(a)(

v) of

this Regulation)

3 years after creation

(

g) Certificate issued under

section 43.2 of the Act

3 years after creation

(

h) Copies of all outstanding orders made pursuant to the

Safety Codes Act, Municipal Government Act or New

Home Buyer Protection Act

3 years after expiry of the

order

(

i) A copy of any restrictive covenant registered against the

parcel (sections 51 and 52 of the Act)

3 years after creation

(

j) Proposals and notices of bylaw sanction (section 73.7 of

this Regulation)

3 years after the notice

Results of votes on ordinary or special resolutions

3 years after vote

List of all common assets

3 years after the item was

disposed of, along with the

details of any disposition

Documents and information consisting of

3 years after end of

agreement

(

a) A copy of any subsisting or prior management

agreement (section 20.52(1)(

b) of this Regulation)

3 years after end of

agreement

(

b) A copy of any subsisting recreational agreement (section

20.52(1)(

c) of this Regulation)

3 years after end of

agreement

(

c) A copy of any lease agreement or exclusive use

agreement, or bylaw, lease, licence or other instrument

granting an owner the right to exercise exclusive

possession with respect to the possession of a portion of

the common property, including a parking stall or

storage unit (section 20.52(1)(

j) of this Regulation)

3 years after end of

agreement

(

d) Every lease, licence or agreement for the common

property or real property of the corporation

3 years after end of rental

agreement

(

e) List of the names of each tenant, the unit number being

occupied by the tenant and the amount of any deposit

paid by the owner (section 53 of the Act)

3 years after end of

agreement

Rules adopted by the corporation (section 32.1 of the

Act)

3 years after the rule ceases to

be in effect or is amended or

repealed

All warranties and guarantees on the real and personal

property of the corporation, the common property and

managed property

3 years after the expiry of the

last warranty coverage

Original votes cast in an ordinary or special resolution

(sections 26.3 to 26.8 of the Act)

12 months after the vote

Proxy forms (section 26(5) of the Act,

section 31.2 of

this Regulation)

180 days after provided to the

corporation

Documents and information consisting of

3 years after the rule ceases to

be in effect or is amended or

repealed

(

a) Assignments of areas of exclusive possession to each

owner (sections 8(1)(

i) and 50 of the Act)

3 years after the end of the

assignment of the exclusive

possession area

(

b) Any additional address for service of an owner, apart

from the owner's unit address

Maintain on ongoing basis

(

c) List of the names and addresses of all mortgagees who

have given written notice to the corporation under

section 26(3) of the Act

Maintain on ongoing basis

Schedule 4

(Section 33 of the Act)

(Note:

Section 33 of the Act provides that the bylaws in

this

Schedule apply only until they are repealed or

replaced by special resolution and registered at the land

titles office.)

Bylaws of the Corporation

1(1) In these bylaws,

(a) "Act" means the Condominium Property Act;

(b) "annual general meeting" means an annual general meeting

of the corporation;

(c) "general meeting" means a general meeting of the

corporation;

(d) "Regulation" means the Condominium Property Regulation

(AR 168/2000).

(2) Words and expressions defined in the Act or the Regulation have

the same meaning in these bylaws.

(3) The rights and obligations given or imposed on the corporation or

the owners under these bylaws are in addition to any rights or

obligations given or imposed on the corporation or the owners under

the Act and the Regulation.

(4) If there is any conflict between these bylaws and the Act or the

Regulation, the Act or the Regulation prevails, to the extent of the

conflict.

(5) A notice that is required to be provided under these bylaws may be

provided in writing or electronically to the address provided to the

corporation by the owner or, if applicable, the occupant.

Duties of the Owner, Occupant and

Corporation Respecting Entry

2(1) An owner and an occupant shall permit the corporation and its

agents, at all reasonable times on notice, except in case of emergency,

to enter in or on the owner's unit for the purpose of

(

a) inspecting the unit,

(

b) maintaining, repairing or replacing pipes, wires, cables and

ducts existing in or on the unit and used or capable of being

used in connection with the enjoyment of any other unit or

common property or real property of the corporation,

(

c) maintaining, repairing or replacing common property or real

property of the corporation or maintaining, repairing or

replacing other property in accordance with

section 62.3 of

the Regulation, or

(

d) ensuring compliance with the bylaws.

(2) An owner

(

a) shall forthwith pay all contributions, levies, rates, taxes,

charges and assessments that may be payable in respect of

the owner's unit,

(

b) shall forthwith carry out all work that may be required

pursuant to these bylaws or as required by a municipal

authority or other public authority in respect of the owner's

unit, other than any work for the benefit of the building or

parcel generally,

(

c) shall maintain the owner's unit and exclusive possession

areas in a state of good repair,

(

d) shall notify the corporation forthwith of

(

i) any change in the ownership of the unit, or

(ii) any mortgage registered against the unit,

and

(

e) shall not make structural, mechanical or electrical alterations

to the owner's unit or to the common property unless the

owner

(

i) has obtained the prior written consent of the board,

which must not be unreasonably withheld, and

(ii) has ensured that all permits required under law have

been obtained.

(3) Except in case of emergency, the corporation shall give an owner

or occupant at least 24 hours' written notice before seeking entry to the

unit for the purposes set out in subsection (1)(a).

Monetary Sanction

3 A corporation may impose a monetary sanction on an owner or

occupant who contravenes

section 2(1) or (2)(

b) to (

e) up to a

maximum sanction of

(a) $500 for the first contravention,

(b) $1000 for the 2nd and subsequent contraventions, and

(

c) in the case of a continuing contravention, a further sanction

of $250 for each week during which the contravention

continues after the first week.

Powers of the Corporation

4 The corporation may

(

a) acquire personal property to be used

(

i) for the maintenance, repair or replacement of the real or

personal property of the corporation or the common

property, or

(ii) by owners in connection with their enjoyment of the

real or personal property of the corporation or the

common property,

(

b) subject to

section 31.7 of the Regulation, borrow money

required by the corporation in the performance of its duties or

the exercise of its powers,

(

c) secure the repayment of money borrowed by the corporation

and interest on that money by negotiable instrument, a

mortgage of unpaid contributions, whether levied or not, or a

mortgage of any property owned by it or by any combination

of those means,

(

d) grant a right of exclusive possession to an owner under

section 50 of the Act,

(

e) charge interest under

section 40 of the Act on any

contribution owing to the corporation by an owner, and

(

f) make an agreement with an owner or tenant of a unit for the

provision of amenities or services by the corporation to the

unit or to the owner or tenant of the unit.

Election of the Board

5(1) The board shall consist of not fewer than 3 and not more than 7

individuals.

(2) Notwithstanding subsection (1), if there are not more than 2

owners, the board may consist of at least one and not more than 7

individuals.

Eligibility to Sit on the Board

6(1) An individual does not need to be an owner in order to be elected

to the board.

(2) Notwithstanding subsection (1),

(

a) if a unit has more than one owner, only one owner in respect

of that unit may sit on the board at one time, and

(

b) an owner who has not paid to the corporation the

contributions or levies due and owing in respect of the

owner's unit is not eligible for election to the board.

(3) An individual is not eligible to be a member of the board if the

individual

(

a) is under 18 years of age,

(

b) is a represented adult as defined in the Adult Guardianship

and Trusteeship Act,

(

c) is the subject of a certificate of incapacity that is in effect

under the Public Trustee Act,

(

d) is a formal patient as defined in the Mental Health Act,

(

e) has been found, in Alberta or another province, to be of a

mental state that is the equivalent of a state described in

clauses (

b) to (

d) and that finding has not expired or been

overturned or vacated by a court in Canada,

(

f) is an undischarged bankrupt, or

(

g) is incarcerated.

(4) An individual is not eligible to be a member of the board if the

individual

(

a) is on probation,

(

b) has been convicted of an offence involving fraud, deceit or

breach of trust or an offence under the Act in the past 10

years,

(

c) has judgments against the individual under the Act, or

(

d) has or potentially has a private interest in an agreement,

arrangement or transaction involving the corporation that

could occur during the individual's term on the board,

and does not disclose that information at a general meeting before a

vote to elect members of the board is called where that individual is

standing for election to the board.

Voting

7(1) At an election of members of the board, each person who has a

right to vote may vote for the same number of nominees as there are

vacancies to be filled on the board.

(2) A person who owns 2 or more units may vote in respect of each

unit in an election.

Term of Office

8(1) Subject to subsection (2), a member of the board is to be elected

at an annual general meeting for a term expiring at the conclusion of

the annual general meeting convened in the 2nd year following the

year in which the member was elected to the board.

(2) At the meeting convened under

section 29 of the Act to elect the

first board,

(

a) not more than 50% of the members of the board shall be

elected for a term expiring at the conclusion of the annual

general meeting convened in the year following the year in

which they were elected, and

(

b) the balance of the members shall be elected for a term

expiring at the conclusion of the annual general meeting

convened in the 2nd year following the year in which they

were elected.

(3) Each member of the board shall remain in office until

(

a) the office becomes vacant under

section 28.1(1) of the Act or

section 9,

(

b) the member resigns,

(

c) the member ceases to be a member of the board under

section

28.1 of the Act, or

(

d) the member's term of office expires,

whichever comes first.

Vacating of the Office of a

Member of the Board

9 In addition to the grounds set out in

section 28.1 of the Act under

which an individual ceases to be a member of the board, the office of a

member of the board is vacated if the member

(

a) is absent from 3 consecutive meetings of the board without

permission of the board and it is resolved at a subsequent

meeting of the board that the member's office be vacated,

(

b) is found guilty of an offence involving fraud, deceit or breach

of trust under any enactment of Alberta, another province,

Canada or another country,

(

c) fails to make a disclosure as required under

section 6(4),

(

d) is incarcerated while on probation, or

(

e) commits an offence under the Act.

Vacancy

10(1) Unless a special general meeting is called to re-elect a board,

when a vacancy occurs on the board other than under

section 28.1(1)

of the Act, or when a member of the board becomes deceased, the

board may appoint an individual to fill that office for the remainder of

the former member's term.

(2) Subject to subsection (3), if all offices on a board become vacant,

the individual whose office was the last to become vacant shall

immediately call a general meeting to be held within 14 days to elect a

new board, unless that individual is deceased or otherwise unable to

convene a general meeting.

(3) If the individual whose office was the last to become vacant is

unable to call a general meeting or does not do so under subsection (2),

the condominium manager, or if there is no condominium manager, the

solicitor for the corporation, shall call a general meeting to be held as

soon as reasonably possible to elect a new board.

(4) If subsection (2) is not complied with, and there is no

condominium manager or solicitor for the corporation, an owner may

call a general meeting to be held as soon as reasonably possible to elect

a new board.

Officers of the Corporation

11(1) At the first meeting of the members of the board held after the

general meeting of the corporation at which they were elected, the

board shall designate from its members a president, vice-president,

secretary and treasurer of the corporation.

(2) Notwithstanding subsection (1), the board may designate one

individual to fill the offices of secretary and treasurer.

(3) In addition to those duties assigned to the officers by the board,

(

a) the president or, in the event of the president's absence or

disability, the vice-president

(

i) is responsible for the daily execution of the business of

the corporation, and

(ii) shall act as chair of the meetings of the board,

(

b) the secretary or, in the event of the secretary's absence or

disability, another member of the board designated by the

board

(

i) shall record and maintain all the minutes of the board,

(ii) is responsible for all the correspondence of the

corporation,

(iii) is responsible for retaining and managing corporation

documents in accordance with the Regulation, the Act

and these bylaws,

(iv) is responsible for preparing and providing corporation

documents on request and in accordance with the

Regulation, the Act and these bylaws, and

(

v) shall carry out the secretary's duties under the direction

of the president and the board,

and

(

c) the treasurer or, in the event of the treasurer's absence or

disability, another member of the board designated by the

board shall

(

i) receive all money paid to the corporation and deposit it

as the board may direct,

(ii) properly account for the funds of the corporation and

keep those books as the board directs,

(iii) present to the board when directed to do so by the board

a full, detailed account of receipts and disbursements of

the corporation, and

(iv) prepare or arrange for the preparation of audited

statements and any budgets required under the

Regulation, the Act and these bylaws.

(4) The corporation may delegate any duty or function conferred or

imposed by subsection (3), other than subsection (3)(a)(ii), to any

determined by the corporation.

(5) An individual ceases to be an officer of the corporation if the

individual ceases to be a member of the board.

(6) If an individual ceases to be an officer of the corporation, the

board shall designate from its members an individual to fill that office

for the remainder of the term.

(7) An individual who ceases to be a member of the board or an

officer of the corporation shall return all corporation property and

documents to the corporation within 14 days after ceasing to be a

board member or officer.

(8) If a board consists of not more than 3 individuals, those

individuals may perform the duties of the officers of the corporation in

any manner that the board may direct.

Majority Vote and Quorum of the Board

12(1) At meetings of the board, all matters are to be determined by

majority vote and, in the event of a tie vote, the chair is entitled to a

casting vote in addition to the chair's original vote.

(2) A quorum for a meeting of the board is a majority of the members

of the board.

Written Resolutions

13 A written resolution of the board signed by all of the members of

the board has the same effect as a resolution passed at a meeting of the

board duly convened and held.

Seal of the Corporation

14(1) The corporation shall have a corporate seal that must not be

used except

(

a) under the authority of a resolution of the board given prior to

its use, and

(

b) in the presence of not fewer than 2 members of the board

who shall sign the instrument to which the seal is affixed.

(2) Notwithstanding subsection (1), if there are not more than 3

members of the board, one member may be authorized by the board to

use the corporate seal and sign the instrument to which the seal is

affixed.

Signing Authority

15 The board shall prescribe, by resolution,

(

a) those officers or other individuals who are authorized to sign

cheques, drafts, instruments and other documents not

required to be signed under the corporate seal, and

(

b) the manner, if any, in which those cheques, drafts,

instruments or other documents are to be signed.

Powers of the Board

16(1) The board shall

(

a) meet at the call of the president to conduct its business and

adjourn and otherwise regulate its meetings as it thinks fit,

and

(

b) meet when a member of the board gives to the other

members not less than 7 days' notice of a meeting proposed

by the member, specifying the reason for calling the meeting.

(2) The board may employ on behalf of the corporation any agents and

employees it thinks necessary to control, manage and administer the

real and personal property of the corporation and the common property

and in that respect may authorize those persons to exercise the powers

of and carry out the duties of the corporation.

(3) The board may, subject to any restriction imposed on it or

direction given to it at a general meeting of the corporation, delegate to

any of its members or to other persons any or all of its powers and

duties as it thinks fit, and may at any time revoke that delegation.

Duties of the Board

17 The board shall

(

a) cause proper books of account to be kept in respect of all

money received and expended by it and the matters in respect

of which the receipt and expenditure take place,

(

b) prepare financial statements relating to all money of the

corporation, and the income and expenditures of the

corporation, for each fiscal year,

(

c) maintain financial records of all the assets, liabilities and

equity of the corporation, and

(

d) submit to the annual general meeting an annual report

consisting of the financial statements and other information

as the board may determine or as may be directed by a

resolution passed at a general meeting.

Procedure

18 All meetings of the board and general meetings are to be

conducted according to the latest edition of Robert's Rules of Order

Newly Revised, to the extent that it is consistent with these bylaws,

unless alternate rules of procedure are adopted by the board.

Notice of Annual General Meetings

19(1) The board shall provide each owner with a preliminary notice

of each annual general meeting at least 60 days before the scheduled

annual general meeting.

(2) A preliminary notice of an annual general meeting must contain

the following information:

(

a) the date and location of the annual general meeting;

(

b) a call for proposed agenda items;

(

c) a deadline for submission of proposed agenda items, which

must be no more than 30 days before the annual general

meeting;

(

d) a statement that a proposed agenda item submission must

include

(

i) a description of the proposed agenda item that provides

sufficient detail and clarity for the purposes of a vote by

owners on the contents of the meeting agenda, and

(ii) any other information necessary to effectively consider

the proposed agenda item;

(

e) a statement that the owners present at the annual general

meeting will decide the contents of the agenda by a majority

vote at the beginning of the annual general meeting;

(

f) if the corporation accepts electronic submission of proposed

agenda items, the specific electronic address to which

proposed agenda items must be submitted.

(3) An owner may submit a proposed agenda item by sending the

description of the item

(

a) to the corporation's address for service, or

(

b) to the corporation's electronic address.

Quorum

20(1) Except as otherwise provided by these bylaws, no business shall

be transacted at an annual general meeting or a general meeting unless

a quorum of persons with a right to vote is present or represented by

proxy at the time when the meeting commences.

(2) A quorum for an annual general meeting or a general meeting

consists of not less than 25% of all the persons with a right to receive

notice under

section 30(3) or 30.1(1) of the Act being present in person

or represented by proxy at that meeting.

(3) If, within 30 minutes from the time appointed for the

commencement of an annual general meeting or a general meeting, a

quorum is not present, the meeting shall stand adjourned to the

corresponding day in the next week at the same place and time and if,

at the adjourned meeting, a quorum is not present within 30 minutes

from the time appointed for the commencement of the meeting, the

persons with a right to vote who are present or represented by proxy

constitute a quorum for the purpose of that meeting.

Order of Business

21(1) The president or, in the event of the president's absence or

disability, the vice-president or other individual designated by the

president or vice-president, shall act as chair of an annual general

meeting or a general meeting.

(2) The order of business at an annual general meeting and, as far as

practicable, at any other general meeting, is to be as follows:

(

a) call to order by the chair;

(

b) calling of the roll and certifying of proxies;

(

c) proof of notice of meeting, waiver or proxies, as the case

may be;

(

d) reading and disposal of any unapproved minutes;

(

e) vote on agenda items;

(

f) reports of officers, if any;

(

g) reports of committees, if any;

(

h) election of members of the board;

(

i) agenda items of unfinished business;

(

j) agenda items of new business;

(

k) adjournment.

(3) In the event that there are no members on the board and a general

meeting is called, the order of business at the meeting is to be as

follows:

(

a) call to order by the individual who called the meeting;

(

b) calling of the roll and certifying of proxies by the individual

who called the meeting;

(

c) proof of notice of meeting, waiver or proxies, as the case

may be, by the individual who called the meeting;

(

d) election of a meeting chair;

(

e) other business as may be applicable under subsection (2)(

e) to (k).

Show of Hands

22(1) At a general meeting, an ordinary resolution shall be voted on

by a show of hands unless a poll vote is demanded by a person with a

right to vote and present in person or by proxy, and unless a poll vote

is so demanded, a declaration by the chair that a resolution has on the

show of hands been carried is conclusive proof of the fact without

proof of the number or proportion of votes recorded in favour of or

against the resolution.

(2) If an owner owns more than one unit, the owner's show of hands

signifies the vote in respect of all units owned by that owner.

(3) If a proxy holder holds more than one proxy, the proxy holder's

show of hands signifies the vote in respect of all units owned and all

proxies held by that individual.

(4) If an individual demands a poll vote, that individual may withdraw

that demand and on the demand being withdrawn the vote shall be

taken by a show of hands.

Conduct of Poll Vote

23(1) A poll vote, if demanded, shall be conducted in a manner as

directed by the chair, and the result of the poll vote shall be deemed to

be the resolution of the meeting at which the poll vote was demanded.

(2) Where a poll vote is conducted, the votes must be counted by at

least 2 individuals.

(3) Where possible, the 2 individuals who count the votes of a poll

vote shall consist of a member of the board and an owner who is not a

member of the board.

Vote by Co-owners

24(1) If a unit is owned by more than one person, those co-owners

may vote personally or by proxy and

(

a) in the case of a vote taken by a show of hands, those co-

owners are entitled to one vote between them, and

(

b) in the case of a vote taken by a poll, a co-owner is entitled to

that portion of the vote applicable to the unit as is

proportionate to the co-owner's interest in the unit.

(2) A co-owner may demand that a poll vote be taken.

Tie Vote

25 In the case of a tie in a vote taken at an annual general meeting or

a general meeting, whether on a show of hands or on a poll vote, the

resolution does not pass.

Vote at Annual General Meeting

or General Meeting

26(1) Except for matters requiring a special resolution, all matters

shall be determined by ordinary resolution.

(2) The following must be recorded in the minutes of an annual

general meeting or general meeting:

(

a) the results of whether or not a resolution passed in a show of

hands vote;

(

b) the number of persons entitled to exercise the power of

voting who voted in favour of the resolution in a poll vote

and the number of unit factors represented by these persons;

(

c) the number of persons entitled to exercise the power of

voting who voted against the resolution in a poll vote and the

number of unit factors represented by these persons,

(

d) the text of resolutions adopted by the corporation.

Date of Next Annual General Meeting

27 On and after July 1, 2020, each annual general meeting shall

occur within 90 days after the beginning of the fiscal year.

Appointment of Proxy

28 An instrument appointing a proxy shall not be transferred by a

proxy holder to an individual who is not named in the proxy.

No Further Restrictions on Voting

29 Except as provided for in the Act and the Regulation, there are no

restrictions or limitations on an owner's right to vote at an annual

general meeting or a general meeting.

Counting and Certification of Votes

30 The chair or the chair's delegate shall certify the results of votes

conducted at a general meeting.

Failure to Comply with Bylaws

31 The board may exercise the powers provided for in

section 36 of

the Act.

Limits on Corporation Powers

32 A corporation may exercise all powers granted to a corporation

under the Act and the regulations under the Act, except to the extent

that

(

a) the Act requires a specific bylaw to be enacted before the

corporation exercises that power, or

(

b) an ordinary resolution made under

section 28.2(1) of the Act

directs the board not to exercise a right or a power granted by

the Act or the regulations under the Act.

Amendment of Bylaws

33 If an amendment, repeal or replacement of a bylaw is proposed,

not fewer than 14 days prior to the day on which the special resolution

is to be voted on, the persons with a right to vote shall be given written

copies of the existing bylaw accompanied with highlighted or

underlined text showing the bylaw as it would read if the proposed

amendment, repeal or replacement had been implemented.

Restrictions in Use

34(1) In this section,

(a) "occupant" means a person present in or on a unit or in or on

the real or personal property of the corporation or the

common property with the permission of an owner;

(b) "owner" includes a tenant.

(2) An owner shall not

(

a) use or enjoy the real or personal property of the corporation

or the common property in such a manner as to unreasonably

interfere with its use and enjoyment by other owners or the

occupants,

(

b) use the owner's unit in a manner or for a purpose that will

cause a nuisance or hazard to any other owner or occupant,

(

c) use the owner's unit for a purpose that is illegal,

(

d) make undue noise in or on the owner's unit or on or about

real property of the corporation or the common property,

(

e) keep an animal in or on the owner's unit or on the real

property of the corporation or the common property after a

date specified in a notice provided to the owner by the board,

(

f) in the case of a residential unit, use the owner's unit for a

purpose other than for residential purposes,

(

g) do anything in respect of the owner's unit, the real or

personal property of the corporation or the common property

or bring or keep anything on it that will in any way increase

the risk of fire or result in an increase of any insurance

premiums payable by the corporation,

(

h) use a toilet, sink, tub, drain or other plumbing fixture for a

purpose other than that for which it is constructed,

(

i) hang or place on the real property of the corporation or the

common property or within or on a unit anything that is, in

the opinion of the board, esthetically unpleasing when

viewed from outside the units,

(

j) leave articles belonging to the owner's household on the real

property of the corporation or the common property when

those articles are not in actual use,

(

k) obstruct a sidewalk, walkway, passage, driveway or parking

area other than for ingress and egress to and from the

owner's unit, or

(

l) use any portion of the real property of the corporation or the

common property except in accordance with the bylaws.

(3) An owner shall ensure that the owner's occupants comply with

those requirements that the owner must comply with under subsection

(2).

Code of Conduct

35(1) A corporation shall establish a code of conduct for the members

of its board by resolution.

(2) Each member of the board who is elected after January 1, 2020

shall be provided with the code of conduct forthwith and

(

a) acknowledge in writing that he or she is aware of the code of

conduct and agrees to comply with the code of conduct while

acting as a member of the board, and

(

b) return the acknowledgment to the corporation.

(3) A member of the board referred to in subsection (2) is not

permitted to vote at meetings until that member complies with

subsection (2).

35 The Condominium Property Amendment Regulation

(AR 256/2018) is repealed.

36(1) This Regulation, except sections 1, 10, 32 and 35,

comes into force on January 1, 2020.

(2) Section 10 comes into force on the coming into force of

section 7(4) of the Ensuring Fiscal Sustainability Act, 2019.

Alberta Regulation 155/2019

Alberta Human Rights Act

HUMAN RIGHTS EDUCATION AND MULTICULTURALISM FUND

GRANT (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 249/2019)

on November 26, 2019 pursuant to

section 14 of the Alberta Human Rights Act.

1 The Human Rights Education and Multiculturalism Fund

Grant Regulation (AR 157/2013) is amended by this

Regulation.

Section 15 is amended by striking out "March 31, 2020"

and substituting "March 31, 2022".

--------------------------------

Alberta Regulation 156/2019

Family Property Act

Judicature Act

Personal Property Security Act

FAMILY PROPERTY (VARIOUS REGULATIONS)

AMENDMENT REGULATION

Filed: November 26, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 250/2019)

on November 26, 2019 pursuant to

section 32 of the Family Property Act,

section 28.1

of the Judicature Act and

section 73 of the Personal Property Security Act.

Regulations under the

Family Property Act

1(1) The Matrimonial Property Regulation (AR 13/99) is

amended by this section.

(2) The title is repealed and the following is substituted:

FAMILY PROPERTY REGULATION

(3) Section 1 is repealed and the following is substituted:

Form of disclosure statement

1 For the purposes of

section 31 of the Family Property Act, a

statement disclosing the particulars of the property of a spouse or

adult interdependent partner must

(

a) show the full particulars of all real and personal property of

that spouse or adult interdependent partner whether the

property is situated in Alberta or elsewhere, and

(

b) be in Form 1 set out in the Schedule.

(4) Section 2 is amended by striking out "Matrimonial

Property Act must be in the form" and substituting "Family

Property Act must be in Form 2".

(5) The

Schedule is repealed and the following is

substituted:

Schedule

Form 1

Family (Matrimonial) Property Statement

[Section 31 Family Property Act]

Clerk's stamp:

COURT FILE NUMBER

COURT Court of Queen's Bench

JUDICIAL CENTRE

PLAINTIFF

(DEFENDANT BY COUNTERCLAIM)

DEFENDANT

(PLAINTIFF BY COUNTERCLAIM)

DOCUMENT FAMILY (MATRIMONIAL)

PROPERTY STATEMENT OF

(Indicate name of party

providing statement)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

I, (name) , the (Plaintiff or Defendant) in this

action, hereby swear or affirm that:

1. Pursuant to

section 31 of the Family Property Act (formerly

Matrimonial Property Act), the following is a statement disclosing

particulars of all property in which I have an interest in Alberta and

elsewhere, including property disposed of within one year before

the statement of claim was filed in this action:

Asset (in or out of

Alberta)

Nature of

Interest/

Location

Date Acquired

& Purchase

Price

Current

Market Value

(Estimated)

1. Real Estate

(List any interest in land,

including leasehold

interests and mortgages,

whether or not you are

registered as owner.

Provide legal descriptions

and indicate estimated

market value of your

interest without deducting

encumbrances or costs of

disposition.) (Record

encumbrances under

debts.)

2. Vehicles

(List cars, trucks,

motorcycles, trailers,

motor homes, boats, etc.)

3. Financial Assets

(List savings and

chequing accounts, cash,

term deposits, GICs,

stocks, bonds, Canada

Savings Bonds, mutual

funds, insurance policies

(indicate beneficiaries),

accounts receivable,

securities, etc.)

4. Pensions and RRSPs

(Indicate name of

institution where accounts

are held, name and

address of pension plan

and pension details.)

5. Corporate/

Business Interests and

Trust Interests

(List any interest you

hold, directly or

indirectly, in any

corporation,

unincorporated business,

partnership, trust, joint

venture, etc.)

6. Other

(List anything else of

value that you own,

including money owing to

you, precious metals,

collections, works of art,

jewellery or household

items of high value,

tools.)

Debt

Particulars/

Name on Debt

Date Incurred

Balance Owing

1. Secured Debts

(List all mortgages, lines

of credit, car loans and

any other debt secured

against an asset that you

own. Include name of

creditor/lender.)

2. Unsecured Debts

(List all bank loans,

personal loans, lin