Changes to The Condominium Act

January 5, 2022

A New Year is upon us; my wish for you is that 2022 brings you peace, joy and success in reaching your goals.

The Government of Ontario has introduced new changes to the Condominium Act, 1998, related to an expansion of the jurisdiction of the Condominium Authority Tribunal (CAT) – the Province’s virtual tribunal that helps resolve condo-related disputes.

As of January 1st, 2022, the CAT will be granted the authority to handle disputes involving nuisances, annoyances, and disruptions. Specifically, prescribed nuisances under the Condominium Act 1998 will now include “unreasonable” instances of:

Odour
Smoke
Vapour
Light
Vibration

Previously, these issues were dealt with through mediation, arbitration, or the courts, leading to costly and time-consuming proceedings. Under the current rules, landlords and condo owners often have to foot the bill for these disputes.

The new rules will provide a faster and more cost-effective dispute resolution mechanism for condo owners and their tenants. It is important to note that the expanded jurisdiction of the CAT will not have a direct impact on eviction proceedings, as those issues are still governed by the Landlord and Tenant Board.

Applications for condominium-related disputes can be found on CAT’s online portal, and dispute resolution services are offered at a total cost of $200.

OREA will be releasing more information on updates to the CAT’s jurisdiction as they become available. For more information about the CAT, please visit the Condominium Authority of Ontario’s website at:

www.condoauthorityontario.ca