Release date: September 24, 2021

Expanding the Condominium Authority Tribunal’s Jurisdiction to Include
Nuisance-Related Disputes

The Ontario government’s Ministry of Government and Consumer Services announced on Thursday September 23rd, 2021 that the certain amendments to the Condominium Act, 1998 and the Regulations thereto would be proclaimed into force on Saturday, January 1st, 2022. Primarily, the amendments pertain to the expansion of the jurisdiction of the Condominium Authority Tribunal (the “CAT”), from its existing jurisdiction over records disputes and pets, vehicles, parking and storage issues, to also include disputes pertaining to noise and other nuisances (such as odour, smoke, vapour, light, vibration).

As of January 1st, 2022, condominium corporations will be permitted to bring applications to the CAT against unit owners and tenants to enforce compliance with the condominium’s governing documents relating to such noise and nuisance issues – and vice versa. Previously, condominiums and owners were required to bring such matters to mediation and arbitration under the Condominium Act or make an application in the Ontario Superior Court of Justice.

The amendments being proclaimed on January 1st to the Condominium Act itself can be seen in grey-shading under Sections 116 and 117 on the public version of the Condominium Act on the Ontario government’s website here.

The amendments being proclaimed on January 1st to the General Regulation (O. Reg. 48/01) can be seen in grey-shading under Section 26 on the public version of the Regulation on the Ontario government’s website here.

The amendments being proclaimed on January 1st to the CAT Regulation (O. Reg. 179/17) are posted here.

If you have any questions about how this new expansion of the CAT’s jurisdiction may affect your condominium and any ongoing issues pertaining to noise and other nuisances, please consult with your legal counsel.

CCI is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes they need to be aware of.