September 24, 2021 - Legislative Newsflash

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

On January 1, 2022 several changes under the Condominium Act, 1998 (Condo Act) will come into force.   These changes are:  

  • Amendments to section 117 of the Condo Act which will prohibit a person from:
  1. Causing, through an act or omission, conditions or activities in a condominium (condo) corporation likely to damage condo property or cause injury or illness to an individual,
  2. Carrying on or permitting activities in a condo corporation if they result in the creation or continuation of (to an individual in a condo corporation):
    1. Any unreasonable noise that is a nuisance, annoyance or disruption, or
    2. Any other nuisances, annoyances or disruptions as prescribed in regulation.
  • A housekeeping amendment to section 116 of the Condo Act that will clarify that where owners can make reasonable use of the common elements, they can also do so of the condo's assets, if any.
  • Amendments to O. Reg. 48/01: General that will set out a list of prescribed nuisances, annoyances or disruptions for the purposes of new clause 117(2)(b) of the Condo Act. This list will include the following nuisances, annoyances or disruptions, if they are unreasonable:
    1. Odour
    2. Smoke
    3. Vapour
    4. Light
    5. Vibration
  • Amendments to O. Reg. 179/17: Condominium Authority Tribunal that will expand the Condominium Authority Tribunal's (CAT's) jurisdiction to include certain disputes related to:
  1. Nuisances, annoyances or disruptions as set out under subsection 117(2) of the Condo Act and in O. Reg. 48/01.
  2. Provisions in a condo corporation's governing documents (i.e., its by-laws, declaration or rules) that prohibit, restrict or otherwise govern, the activities described in subsection 117(2) of the Condo Act or in O. Reg. 48/01, or any other type of nuisance, annoyance or disruption to an individual in a condo corporation.
  3. Provisions in a condo corporation's governing documents that govern the indemnification of the corporation and/or owners, etc. in reference to the disputes in (ii). 

You can find the amendments to the Condo Act under section 116 and 117 here: .

You can find amendments to O. Reg. 48/01 under section 26 here: . 

You can find the amendments made to O. Reg. 179/17 here: . Please note that the consolidated regulation will be updated soon.

As previously stated, these changes will come into force on January 1, 2022.

The ministry is committed to exploring further expanding the CAT's jurisdiction in phases and will communicate any changes with respect to the CAT's jurisdiction as appropriate.

The CAO will be announcing details about upcoming public consultations related to the CAT soon.
For more information about the CAT, including information about upcoming consultations, please visit the CAO's website here: . 


Helpful Links

Condominium Act, 1998

Condominium Authority Tribunal