The Basics
August 20, 2020 CCI Original Content Published by CCI National - By Sally Thompson
Links to Condo Legislation from Coast to Coast
Links to provincial condominium legislation and regulations across Canada. Key terms used by each province.
As of July 16, 2020
British Columbia:
Strata Property Act, SBC 1998, c 43
Bare Land Strata Plan Cancellation Regulation, BC Reg 556/8
Bare Land Strata Regulations, BC Reg 75/78
Strata Property Regulation, BC Reg 43/2000
Key terms used: Strata plan, strata corporation, strata council, standard by-laws, sections, contingency reserve fund, depreciation report, common property, common assets, limited common property, information certificate (equivalent to estoppel)
Alberta:
Condominium Property Act, RSA 2000
Condominium Property Regulation, Alta Reg 168/2000
Key terms used: Condominium plan, common property, reserve fund report, unit factor, exclusive possession, estoppel certificate
Saskatchewan:
The Condominium Property Act, 1993, SS 1993, c C-26.1
The Condominium Property Regulations, 2001, RRS c C-26.1 Reg 2
Key terms used: Condominium plan, declaration, common property, common facilities, reserve fund, estoppel certificate
Manitoba:
The Condominium Act, CCSM c C170
Condominium Regulation, Man Reg 164/2014
Key terms used: Declarations and plans, common elements, common assets, reserve fund, reserve fund study, status certificate, exclusive use.
Ontario - Condominium Act:
Condominium Act, 1998, SO 1998, c 19
Condominium Authority Tribunal, O Reg 179/17
Condominium Returns, O Reg 377/17
Description and Registration, O Reg 49/01
Designation of Condominium Authority, O Reg 181/17
Key terms used: Declaration and description, common elements and assets, reserve fund, reserve fund study, exclusive-use common element, status certificate. Ontario has several other information certificates – periodic information certificate, new owner information certificate, and information certificate update.
Ontario - Management Services:
Condo Management Services Act
Code of Ethics and Discipline and Appeals Committees, O Reg 3/18
Complaints, Insurance and Other Requirements, O Reg 4/18
Delegation of Regulation-Making Authority to the Minister, O Reg 178/17
Designation of Administrative Authority, O Reg 177/17
Quebec
Condominium Legislation falls under the Quebec Civil Code:
Civil Code of Québec, CQLR c CCQ-1991
Condo legislation is largely in CHAPTER III - DIVIDED CO-OWNERSHIP OF IMMOVABLES which starts at section 1038.
Bill 16 appears to be in force but not yet reflected via amendment to the Civil Code:
An Act mainly to regulate building inspections and divided co-ownership, to replace the name and improve the rules of operation of the Régie du logement and to amend the Act respecting the Société d’habitation du Québec and various legislative provisions concerning municipal affairs
Key terms used: Syndicate, strata, co-ownership, divided ownership, fractions of co-ownership, common portions, private portions, contingency fund, contingency fund study.
New Brunswick:
Condominium Property Act, SNB 2009, c C-16.05
General Regulation, NB Reg 2009-169
Key terms used: Declaration and description, common elements, common property, reserve fund study, reserve fund status certificate, common expenses, exclusive use common elements, estoppel certificate.
Nova Scotia:
Condominium Act, RSNS 1989, c 85
Condominium Regulations, NS Reg 60/71
Key terms used: Declaration and description, common elements, exclusive-use common element, common expenses, contingency fund (which is not a reserve fund, but rather a true contingency fund), reserve fund, reserve fund study, estoppel certificate.
Newfoundland and Labrador:
Condominium Act, 2009, SNL 2009, c C-29.1
Condominium Regulations, 2011, NLR 80/11
Key terms used: Declaration and description, common elements, common expenses, reserve fund study, estoppel certificate.
Prince Edward Island
Condominium Act, RSPEI 1988, c C-16
Condominium Act Regulations, PEI Reg EC431/97
Key terms used: Declaration and description, common elements, common expenses, easement for exclusive use and occupation. There seems to be no reference to a reserve fund or contingency fund at all. There seems to be no reference to a status or estoppel certificate.
Yukon:
Condominium Act, RSY 2002, c 36
Condominium Certificate of Title, YCO 1977/101
Key terms used: Declaration and plan, common elements, common expenses, easement for exclusive use and occupation. There seems to be no reference to a reserve fund or contingency fund. The concept of a certificate provided to purchasers exists, without a particular name.
Nunavut
Key terms used: Declaration and plan, common elements, common expenses, no discussion of exclusive-use common elements, no mention of reserve fund.
Northwest Territories
Condominium Act, RSNWT 1988, c C-15
Condominium Regulations, NWT Reg 098-2008
Key terms used: Declaration and plan, common elements, exclusive-use areas, capital reserve fund. The concept of a certificate provided to purchasers exists, without a particular name.
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