Condominium Act

(1) In this Act,

"bare land unit" means a part of the land included in a plan and designated as a unit by horizontal boundaries only without reference to any buildings and, unless otherwise shown on the plan, comprises

"board" means the board of directors of a corporation; (conseil)

"buildings" means the buildings included in a property; (bâtiments)

"bylaw" means a bylaw of a corporation; (règlement administratif)

"claim" includes a right, title, interest, encumbrance or demand of any kind affecting land, but does not include the interest of an owner in his or her unit and common interest; (créance)

"common elements" means all the property except the units; (parties communes)

"common expenses" means expenses for the performance of the objects and duties of a corporation, including

"common interest" means the interest in the common elements appurtenant to a unit; (quote-part) "corporation" means a corporation created by subsection 12(1); (société)

"Court" means the Supreme Court of the Northwest Territories; (tribunal)

"declaration" means a declaration referred to in section 5 and includes any amendments to a declaration; (déclaration)

"developer" means a person who is the registered owner of the land included in a condominium plan on the day on which a declaration and plan are registered under this Act, and includes a person who

"encumbrance" means a claim that secures the payment of money or the performance of any other obligation and includes a charge, a mortgage, a lien or an easement; (charge)

"land" means land for which a certificate of title is issued under the provisions of the Land Titles Act; (bien-fonds)

"leasehold condominium" means a condominium established by the holder of a leasehold estate described in paragraph 4(1)(c); (condominium à bail)

"owner" means the holder of a freehold or leasehold estate in a unit and common interest; (propriétaire)

"plan" means the plan referred to in section 6 and includes any amendments to it; (plan)

"property" means the land and interests appurtenant to the land described in the plan or subsequently added to the common elements; (bien)

"unit" means a part of the land included in a plan and designated as a unit by the plan, and comprises the space enclosed by its boundaries and all the material parts of the land within this space at the time the declaration and plan are registered, and includes a bare land unit. (partie privative)

(2) In this Act, the following words in the paragraph or subsection specified do not include a security interest as defined in the Personal Property Security Act:

SNWT 1991-92,c.36,s.2; SNWT 1994, c.8, s.76(2); SNWT 1996,c.9,Sch.H,s.1; SNWT 2003,c.5,Sch.B, s.1; SNWT 2007,c.6,s.2; SNWT 2009,c.12,s.2(2).

(1) Words and expressions used in this Act and not defined in section 1 have the meanings assigned to them under the Land Titles Act.

(2) For the purposes of this Act, the ownership of land includes the ownership of space. SNWT 1991-92,c.36,s.3.

(1) A declaration and plan may be submitted for registration by the holder of

(2) On registration of a declaration and plan, the property described in the plan is governed by this Act and the Registrar shall

SNWT 1996,c.9,Sch.H,s.2; SNWT 2003,c.5,Sch.B,s.2; SNWT 2007,c.6,s.2(3),3.

(1) A declaration must not be submitted for registration unless

(3) All matters contained in the declaration, except the address for service, may be amended with the written consent of the persons owning 80% of the common elements, or such greater percentage as may be specified in the declaration.

(4) Notice of an amendment must be given to

(5) A corporation shall submit an amendment for registration, accompanied by a certificate under the seal of the corporation certifying that

(6) An amendment is not effective until it has been registered.

(7) An owner or a holder of a registered encumbrance may apply to the Court to object to the amendment.

(8) An applicant under subsection (7) shall, within 30 days after being served with notice of an amendment under subsection (4), serve notice of the application on

(9) If notice has been received under subsection (8), the corporation may only submit an amendment for registration with the consent of the applicant under subsection (7) or in accordance with an order made under subsection (10).

(10) On an application under subsection (7), the Court may

(11) Subject to any further requirements that may be prescribed, the Registrar shall take all steps necessary to give effect to the amendment or to an order made under subsection (10). SNWT 1991-92, c.36,s.4; SNWT 1996,c.9,Sch.H,s.3; SNWT 2003,c.5, Sch.B,s.3; SNWT 2007,c.6,s.2(3),4.

(1) In this section,

"architect" means a person who is an authorized practitioner as defined in the Architects Act; (architecte)

"engineer" means a person who is authorized to engage in the practice professional engineering under the Practice of Engineering, Geoscience and Applied Science Technology Act; (ingénieur)

"surveyor" means a Canada Lands Surveyor as defined in the Canada Lands Surveyors Act. (arpenteur)

(2) Subject to subsection (3), a plan shall delineate the perimeter of the horizontal surface of the land, and the perimeter of the buildings in relation to the perimeter of the surface of the land, and must contain

SNWT 2023,c.7,s.7; SNWT 2023,c.34,s.79.

(2.1) A plan must comprise contiguous property unless part of the property is only separated from another part of the property by a public road or a public easement.

(3) The requirement in subsection (2) that a plan shall delineate the perimeter of the buildings in relation to the perimeter of the surface of the land and paragraphs (2)(a), (b) and (e) do not apply to a plan in respect of a bare land unit.

(4) The horizontal boundaries of a bare land unit shall be established by monuments.

(5) A plan or an amending plan must not be submitted for registration unless the plan or amending plan

(6) A plan may be amended with the written consent of the persons owning 80% of the common elements, or such greater percentage as may be specified in the declaration.

(7) Notice of an amendment to the plan must be given to

(8) Where a plan is amended, the corporation shall submit the amended plan for registration accompanied by a certificate under the seal of the corporation, certifying that

(9) An amended plan is not effective until it has been registered under subsection (8).

(10) An owner or a holder of a registered encumbrance may apply to the Court to object to the amended plan.

(11) An applicant under subsection (10) shall, within 30 days after being served with notice of the amendment to the plan under subsection (7), serve notice of the application on

(12) If notice has been received under subsection (11), the corporation may only submit an amended plan for registration with the consent of the applicant under subsection (10) or in accordance with an order made under subsection (13).

(13) On an application under subsection (10), the Court may

(14) Subject to any further requirements that may be prescribed, the Registrar shall take all steps necessary to give effect to the amended plan or to an order made under subsection (13). SNWT 1991-92, c.36,s.5; SNWT 1998,c.5,s.8; SNWT 2001, c.10,s.68; SNWT 2003,c.5,Sch.B,s.4; SNWT 2006,c.16,s.67; SNWT 2007,c.6,s.5; SNWT 2011,c.22,s.84.

(1) Two or more corporations may amalgamate under the procedure set out in this section and the procedure for amending a plan set out in section 6.

(2) Corporations that are proposing to amalgamate must each obtain the written consent of the persons owning 80% of the common elements, or such greater percentage as may be specified in the declaration.

(3) The board of each amalgamating corporation shall call a meeting of all owners and holders of registered encumbrances for the purpose of approving the amalgamation.

(4) The board of each amalgamating corporation shall provide all owners and holders of registered encumbrances with notice of the meeting and

(5) An application to the Registrar to give effect to an amalgamation of two or more condominiums must be accompanied by the amended plan, the proposed declaration and bylaws, any prescribed information, and a certificate under the seal of each of the amalgamating corporations certifying that the persons whose consent is required under subsection (2) have consented in writing to the amendment.

(6) On registration of the plan and documents referred to in subsection (5), the Registrar shall

(7) On the issuance of certificates of title under subsection (6),

SNWT 2007,c.6,s.6; SNWT 2008,c.8,s.3(2).

(1) A purchase agreement for a proposed unit entered into by a developer before the registration of the declaration and plan that creates the unit is deemed to contain the following covenants by the developer:

(2) The covenants referred to in subsection (1) do not merge by operation of law on delivery to the purchaser of a transfer that is in registerable form.

(3) A developer shall hold in trust all money, other than rents or security deposits, paid by the purchaser of a unit up to the time that the certificate of title to the unit is issued in the name of the purchaser in accordance with the purchase agreement.

(4) The developer who receives money that is to be held in trust under this section shall, without delay, deposit the money into an interest bearing trust account maintained in a financial institution in the Northwest Territories.

(5) Subject to subsection (6), the developer is entitled to the interest earned on money held in trust under this section.

(6) If money is being held in trust under this section and the purchaser of the unit takes possession of or occupies the unit prior to the issuance of the certificate of title in his or her name, the interest earned on that money from the day that the purchaser takes possession or occupies the unit to the day that the certificate of title is issued in his or her name, is to be applied against the purchase price of the unit. SNWT 2007,c.6,s.6.

(1) A developer shall not sell or agree to sell a unit or a proposed unit until the developer delivers to the purchaser

(2) Subject to subsection (3), a purchaser of a unit under this section may, in writing, rescind the purchase agreement within 10 days after the day on which the purchase agreement was signed by the parties, without incurring liability for rescinding the agreement.

(3) A purchaser may not rescind a purchase agreement under subsection (2) if all of the documents and information referred to in subsection (1) are delivered to the purchaser not less than 10 days before the parties sign the purchase agreement.

(4) A developer shall return to the purchaser all of the moneys paid with respect to the purchase of a unit within 10 days after receiving from the purchaser a written notice of rescission under subsection (2).

(5) Subsections (1) to (4) no longer apply when the units and improvements on the common elements have been completed and the requirements of sections 12.1 and 16.1 have been satisfied. SNWT 2007,c.6, s.6.

(1) In this section, "material change"

(2) When there is a material change in the information delivered or required to be delivered to a purchaser under subsection 6.4(1) or a further material change in revised information delivered to a purchaser under this section, the developer shall deliver revised information to the purchaser.

(3) The revised information delivered under subsection (2) must

(4) The developer shall deliver the revised information to the purchaser within a reasonable time after the occurrence of the material change referred to in subsection(2), and in any event no later than 10 days before delivering to the purchaser a transfer of the unit being purchased that is in registerable form.

(5) Within 10 days after receiving revised information under subsection (2), a purchaser may make an application to the Court for a determination whether a change or a series of changes set out in the revised information is a material change.

(6) If a change or a series of changes set out in revised information delivered to a purchaser is a material change, or if a material change occurs that the developer does not disclose in revised information as required by subsection (2), the purchaser may, before accepting a transfer of the unit being purchased, rescind the purchase agreement within 10 days after the latest of

SNWT 2007,c.6,s.6.

(1) Units and common interests are real property for all purposes and the unit and common interest appurtenant to it may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as any land the title to which is registered under the Land Titles Act.

(2) Subject to this Act, the declaration and the bylaws, each owner is entitled to exclusive ownership and use of his or her unit.

(3) No condition shall be permitted to exist, and no activity shall be carried on, in any unit or the common elements that is likely to damage the property.

(4) The corporation, or any person authorized by the corporation, may enter any unit at any reasonable time to carry out the objects and perform the duties of the corporation. SNWT 1991-92,c.36,s.6; SNWT 2007,c.6, s.2(3).

(1) In this section, "cannabis" means cannabis as defined in subsection 1(1) of the Cannabis Products

(2) No person shall cultivate cannabis in a unit unless

(3) If bylaws that are in effect immediately before the coming into force of this section prohibit or limit the smoking of tobacco, and do not expressly refer to the smoking of cannabis, those bylaws are deemed to prohibit or limit the smoking of cannabis in the same manner that the smoking of tobacco is prohibited or limited. SNWT 2018,c.6,s.71; SNWT 2020,c.14,s.3.

(1) The owners are tenants in common of the common elements.

(2) An undivided interest in the common elements is appurtenant to each unit.

(3) Subject to this Act, the declaration and the bylaws, each owner may make reasonable use of the common elements.

(4) Except as provided by this Act, no share in the common elements shall be dealt with except with the consent of the owner, and any instrument dealing with a unit shall operate to deal with the share of the owner in the common elements without express reference to the share of the owner.

(5) The common elements shall not be partitioned or divided except as provided in this Act.

(6) In the case of a leasehold condominium,

SNWT 1996,c.9,Sch.H,s.4; SNWT 2003,c.5,Sch.B, s.5; SNWT 2007,c.6,s.2(3).

(1) Each leasehold estate in a unit in a leasehold condominium and its appurtenant common interest is valid even if the lessor is the owner of the leasehold estate, and in that case the legal title and the leasehold estate are deemed not to merge.

(2) All leasehold estates in units in a leasehold condominium and their appurtenant common interests must be for the same term.

(3) The owner of a unit in a leasehold condominium may, without the consent of the lessor, transfer, mortgage, lease or otherwise deal with the leasehold estate in the unit.

(4) The owner of a unit in a leasehold condominium may not transfer less than the whole leasehold estate in the unit and its appurtenant common interest. SNWT 2003,c.5,Sch.B,s.6.

(1) At least three years before the end of the term of the leasehold estate in a leasehold condominium, the lessor shall give the corporation

(2) A renewal of the leasehold estate must be for a term of not less than 10 years.

(3) Upon receiving the notice, the corporation shall send a copy to the owners.

(4) A lessor who does not give the required notice is deemed to have given the notice required to renew the leasehold estate for 10 years, subject to the same provisions that govern the leasehold estate before the renewal, and the corporation shall send a notice of that fact to the owners. SNWT 2007,c.6,s.7.

(1) No encumbrance is enforceable against the common elements after the declaration and plan are registered.

(2) An encumbrance that, except for subsection (1), would be enforceable against the common elements is enforceable against all the units and common interests.

(3) Any unit and common interest may be discharged from an encumbrance by payment to the claimant of a portion of the sum claimed determined by the proportions specified in the declaration for sharing the common expenses.

(4) On payment of a portion of the encumbrance sufficient to discharge the encumbrance insofar as it affects a unit and common interest, and on demand, the claimant shall give to the owner of that unit a discharge of the encumbrance insofar as it affects that unit and common interest.

(1) The following easements are created and are appurtenant to each unit:

(2) The following easements are created and are appurtenant to the common elements:

(3) Notwithstanding subsections (1) and (2)

(4) All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied or created by this Act. SNWT 2007,c.6,s.2(3).

(1) On registration of a declaration and plan, there is created a corporation without share capital having a name composed of the following components:

(2) The members of a corporation are the owners and they shall share the assets of the corporation in the proportions as provided in the declaration.

(3) The Business Corporations Act does not apply to a corporation.

(4) The objects of a corporation are to manage the property of the owners and any assets of the corporation.

(5) A corporation is responsible for the control, management and administration of the common elements.

(6) A corporation shall be regulated in accordance with the declaration and the bylaws.

(7) A corporation shall keep adequate records and any member of a corporation may inspect records at any reasonable time on reasonable notice.

(8) A corporation that changes its address for service as set out in the declaration shall, without delay, submit for registration a notice of the change of address for service. SNWT 1996,c.9,Sch.H,s.5; SNWT 1996,c.19,Sch.,s.2; SNWT 1998,c.24,s.4; SNWT 2003, c.5, Sch.B,s.7; SNWT 2007,c.6, s.2(3),8.

(1) Within 60 days after the registration of the declaration and plan, the developer shall provide to the corporation, without charge, the original or a copy of the following documents:

(2) A corporation may at any time before it receives a document under subsection (1), make a written request to the developer for a copy of that document, and the developer shall, if in possession of the document, provide a copy to the corporation within 10 days and without charge. SNWT 2007,c.6,s.9.

(1) In this section, "developer’s management agreement" means an agreement for the management of the property that was entered into before the registration of a declaration and plan, or that was entered into by a corporation at a time when the board consisted of members who were elected while the developer owned a majority of the units.

(2) Notwithstanding anything contained in a developer’s management agreement or any other agreement, a corporation may, subject to subsection (3), terminate a developer’s management agreement at any time after the developer ceases to own more than 50% of the common elements.

(3) A developer’s management agreement

(4) A corporation that terminates a developer’s management agreement under this section is not liable to the other party by reason only of the termination of the agreement. SNWT 2007,c.6,s.9.

(1) A corporation may by bylaw,

(2) Subject to subsection (3), a lease, grant or transfer referred to in subsection (1) that has been executed by the corporation affects the interest of every owner in the common elements as if the lease, grant or transfer had been executed by each owner.

(3) A grant or transfer of an easement or licence over a part of the common elements that the declaration specifies is to be used only by the owners of one or more designated units and not by all the owners must be executed by the owners of the designated units and by the corporation. SNWT 2003,c.5,Sch.B,s.8; SNWT 2007,c.6,s.10.

(1) A corporation shall have a common seal and may sue and be sued, and in particular may bring an action with respect to the common elements and may be sued in respect of any matter connected with the property for which the owners are jointly liable.

(2) A judgment for the payment of money against a corporation is also a judgment against each owner at the time the cause of action arose for a portion of the judgment determined by the proportions specified in the declaration for sharing the common expenses.

(1) The affairs of a corporation shall be managed by a board of directors whose number, qualification, nomination, election, term of office, compensation and removal from the board shall be as provided in the declaration or the bylaws.

(2) A board shall hold meetings, perform functions, elect officers and carry out duties as provided in the declaration or the bylaws.

(3) The acts of a member of a board or an officer of a board done in good faith are valid notwithstanding any defect that may after that be discovered in his or her election or qualifications.

(4) A member or officer of a board who has, directly or indirectly, an interest in a contract or transaction to which the corporation is or is to be a party,

(5) Subsection (4) does not apply to contracts or transactions in which the interest of the member or officer is limited solely to their remuneration as a member, as an officer or as an employee.

(6) Subsection (4) does not require the disclosure of an interest in a contract or transaction unless the interest is material to the contract or transaction. SNWT 2007,c.6, s.2(3),11.

(1) A developer shall convene the first annual general meeting at which a board is to be elected by the earlier of

(2) If the developer does not convene the first annual general meeting as required in subsection (1), the owners may do so.

(3) The owners convening the first annual general meeting under subsection (2) shall notify the other owners at least seven days before the meeting.

(4) Where the developer owns less than 80% of the common elements, the owners other than the developer are entitled to elect or remove an individual from one of the positions on the board. SNWT 2007,c.6,s.12.

(1) The board shall convene an annual general meeting of the owners within six months of the end of each fiscal year of the corporation.

(2) The agenda at an annual general meeting must include

(3) Subject to the regulations, the corporation shall,

SNWT 2007,c.6,s.12.

(1) In this section,

"bylaw instrument" means an instrument under subsection (2) that makes, amends or repeals a bylaw; (instrument réglementaire)

"special resolution" means a resolution that is

(2) A corporation may, by special resolution, make, amend or repeal bylaws

(3) A corporation shall submit a bylaw instrument for registration, accompanied by a certificate under the seal of the corporation certifying that

(4) Notwithstanding subsections (2) and (3), bylaws executed by the developer, consented to by all persons having registered encumbrances against the land or interests appurtenant to the land described in the plan, and otherwise in compliance with this section must be submitted for registration together with a declaration and plan under subsection 4(1).

(5) A bylaw instrument is not effective until it has been registered.

(6) Notice of a bylaw instrument must be given to the owner of each unit and the holder of every registered encumbrance in each unit, not later than 30 days after registration under subsection (3).

(7) An owner or a holder of a registered encumbrance may apply to the Court to object to the bylaw instrument.

(8) An applicant under subsection (7) shall, within 30 days after being served with notice of a bylaw instrument under subsection (6), serve notice of the application on

(9) If the corporation has not submitted a bylaw instrument for registration under subsection (4) and a notice is received under subsection (8), the corporation may only submit the instrument for registration with the consent of the applicant under subsection (7) or in accordance with an order made under subsection (10).

(10) On an application under subsection (7), the Court may

(11) No bylaw instrument may operate to prohibit or restrict the devolution of a unit or any transfer, lease, mortgage or other dealing with a unit, or to destroy or modify any easement implied or created under this Act.

(12) The bylaws must be reasonable and consistent with this Act and the declaration and, in the case of a leasehold condominium, the lease.

(13) The bylaws may provide for the making of reasonable rules by the owners consistent with this Act, the declaration and the bylaws, respecting the use of the common elements for the purposes of preventing unreasonable interference with the use and enjoyment of the units and the common elements, and the rules must be complied with and enforced in the same manner as the bylaws. SNWT 2007,c.6,s.13; SNWT 2014,c.31,s.3.

(1) The corporation may, by bylaw, impose monetary or other sanctions on owners or tenants if they or their invitees do not comply with this Act and the declaration, bylaws and rules of the corporation.

(2) A bylaw under which sanctions are imposed must

(3) A bylaw under which sanctions may be imposed may be general or specific in its application.

(4) A sanction imposed under this section must be reasonable in the circumstances for which it is imposed. SNWT 2007,c.6,s.13.

(1) If a person fails to comply with a sanction or to pay a monetary sanction imposed under a bylaw, the corporation may, in respect of that failure to comply, take proceedings in the Court to recover from the person

(2) In an action under subsection (1), the corporation must establish to the satisfaction of the Court hearing the matter that

(3) On hearing the matter, the Court may do one or more of the following:

(4) For the purposes of an action commenced under paragraph (1)(a) or (b), if the Court is satisfied that the requirements of subsection (2) have been met, damages are deemed to have been suffered by the corporation.

(5) Where a corporation takes proceedings under this section, it is entitled to claim from the defendant the corporation’s legal expenses incurred in respect of the proceedings.

(6) For the purposes of paragraph (2)(a), a copy of a bylaw that is certified by the Registrar as being a true copy of the bylaw registered at the land titles office is proof, in the absence of evidence to the contrary,

(7) An action taken against a person under this section does not restrict, limit or derogate from any other remedy that an owner or the corporation may have against that person. SNWT 1996, c.9, Sch.H, s.6; SNWT 2003,c.5,Sch.B,s.9: SNWT 2007, c.6,s.13.

(1) Each owner is bound by, and shall comply with, and has a right to the compliance by the other owners with this Act, the declaration and the bylaws and the corporation has a duty to enforce this compliance.

(2) The corporation and each person having an encumbrance against a unit and common interest has a right to the compliance by the owners with this Act, the declaration and the bylaws.

(3) Each member of the corporation and each person having an encumbrance against a unit and common interest has the right to performance of any duty of the corporation specified by this Act, the declaration or the bylaws. SNWT 2003, c.5, Sch.B, s.10; SNWT 2007,c.6,s.2(3).

(1) The owner of a rented unit shall give the corporation written notice of the name of the tenant within 20 days after the commencement of the tenancy.

(2) The owner of a rented unit shall give the corporation written notice that the unit is no longer rented within 20 days after the end of the tenancy. SNWT 2007,c.6,s.15.

(1) The corporation may require the owner of a unit who rents the unit to pay to the corporation a deposit in an amount that

(2) The corporation may use the deposit for the maintenance, repair or replacement of

SNWT 2007,c.6,s.15.

(1) A corporation may apply to a rental officer under the Residential Tenancies Act for an order terminating a tenancy between an owner and a tenant and for an eviction order in respect of a rented residential unit where a person who occupies the unit

(2) The corporation shall serve a notice of application under subsection (1) on the tenant and the owner.

(3) The provisions of the Residential Tenancies Act respecting applications for termination of a tenancy and for an eviction order apply, with any necessary modifications, to applications under this section. SNWT 2015,c.8,s.15.

(1) In the case of a rented unit to which the Residential Tenancies Act does not apply, the corporation may exercise the owner’s rights to obtain possession of the unit where a person who occupies the unit

(2) The corporation shall serve a notice of application for an order for possession on the tenant and the owner. SNWT 2007,c.6,s.15.

(1) Where an owner’s contribution to the common expenses, including a contribution to the capital reserve fund, is in arrears respecting a unit that is occupied by a tenant renting from the owner, the corporation may, by written notice to the tenant, owner and mortgagee of the unit, require the tenant to pay the rent otherwise payable to the owner to the corporation in an amount not exceeding the rent.

(2) Where a corporation has obtained a judgment requiring an owner to pay an amount to the corporation and the owner has not paid the full amount, the corporation may, by written notice to the owner and mortgagee of a unit and a tenant renting from the owner, require the tenant to pay the rent otherwise payable to the owner to the corporation in an amount not exceeding the rent.

(3) Where a tenant makes a payment to a corporation under subsection (1) or (2),

SNWT 2007,c.6,s.15; SNWT 2008,c.8,s.3(3),(4).

(1) A corporation shall not take any of the following actions unless it is authorized by a bylaw:

(2) A bylaw referred to in subsection (1) may be general or specific in its application. SNWT 2007, c.6,s.15. A corporation

(2) The obligation of an owner to contribute towards the common expenses is not avoided by waiver of the right to use the common elements or by abandonment.

(3) The corporation shall submit for registration a discharge of a lien in a form satisfactory to the Registrar, upon payment of

SNWT 2007,c.6,s.15; SNWT 2009,c.12,s.2(3).

(1) A corporation shall, under paragraph 19.9(1)(a), establish and maintain one or more capital reserve funds.

(2) A capital reserve fund shall be used solely for the purpose of major repairs and replacement of the common elements and assets of the corporation.

(3) A fund set up for the purpose referred to in subsection (2) is deemed to be a capital reserve fund even if it is not so designated.

(4) The money in a capital reserve fund is an asset of the corporation, and no part of that money may be refunded or distributed to any owner of a unit unless the property ceases to be governed by this Act. SNWT 2007,c.6,s.15; SNWT 2009,c.12,s.2(4).

(1) In this section, "study" means a capital reserve fund study referred to in subsection (2).

(2) The corporation shall conduct periodic capital reserve fund studies to determine whether the amount of money in the capital reserve fund and the amount of contributions collected by the corporation are adequate to provide for the expected costs of major repair and replacement of the common elements and assets of the corporation.

(3) Subject to subsection (4), a corporation shall ensure that a study is conducted and a written report is prepared in accordance with subsections (8) and (9)

(4) Except in the case of a building on a bare land unit, where a developer intends to convert an existing building into one or more condominium units, a study must be conducted and a written report prepared in accordance with subsections (8) and (9)

(5) A corporation that exists on the coming into force of this section shall ensure that a study is conducted and a written report is prepared in accordance with this section,

(6) If a study that substantially complies with subsections (8) and (9) has been conducted for a corporation within three years before the coming into force of this section, the corporation shall ensure that a study is conducted and a written report prepared in accordance with subsections (8) and (9) within five years after the date of the previous study.

(7) A study must be conducted by one or more qualified persons who meet the prescribed requirements.

(8) In carrying out the study, the qualified person must

(9) On completing the study under this section, the qualified person must prepare and submit to the board a capital reserve fund report in writing in respect of the study setting out the following:

(10) On receiving the report under subsection (9), the board must prepare a capital reserve fund plan, for the consideration of the owners at the next annual general meeting.

(11) A plan prepared under subsection (10) must provide that sufficient money will be available by means of owners’ contributions to the capital reserve fund, or any other method that is reasonable in the circumstances, to repair or replace, as the case may be, the depreciating property as required to maintain the property in a reasonable state of repair.

(12) The cost of conducting a study and preparing the report under subsections (8) and (9), is a common expense that the board may charge to the capital reserve fund.

(13) The board shall ensure that the most recent capital reserve fund report and capital reserve fund plan prepared under this section are made available to the owners not less than seven days before each annual general meeting.

(14) A condominium corporation may be exempted from one or more of the requirements of this section if it satisfies the criteria, terms and conditions prescribed in the regulations.

(15) A corporation that is exempt from the requirements of this section in accordance with subsection (14) shall comply with the prescribed terms and conditions. SNWT 2007,c.6,s.15.

(1) A board shall ensure that an annual report is prepared with respect to the capital reserve fund that sets out

(2) The annual report prepared under subsection (1) must be made available to each owner not less than seven days before the next annual general meeting. SNWT 2007,c.6,s.15.

(1) The corporation shall, from time to time, determine the amounts required for the capital reserve fund.

(2) The corporation shall assess and collect contributions to the capital reserve fund from the owners, as part of their contributions to the common expenses, and unless otherwise provided in the declaration, in the same proportions as their contributions to the common expenses exclusive of the capital reserve fund.

(3) Unless the regulations provide otherwise, until the corporation conducts a first capital reserve fund study and a plan prepared under section 19.11 is approved by the owners after the developer ceases to own more than 50% of the common elements, the contributions to the capital reserve fund must be no less than 10% of the amount required for contributions to the common expenses exclusive of the capital reserve fund. SNWT 2007,c.6,s.15.

(1) A corporation may invest money that is not immediately required by the corporation, but only in the types of investments permitted by the regulations.

(2) Interest earned on the investment of money in a capital reserve fund or another fund for the payment of common expenses is to be added to and forms a part of that fund. SNWT 2007,c.6,s.15.

(1) A contribution that is required to be made by an owner to a capital reserve fund or another fund for the payment of common expenses that remains unpaid on its due date, is to bear interest at a rate fixed from time to time by the board and calculated for the period commencing on the due date and ending on the date of payment.

(2) The interest rate fixed under subsection (1) must not exceed the prescribed rate.

(3) Interest on unpaid contributions

SNWT 2007,c.6,s.15.

(1) On the written request of an owner, the purchaser or mortgagee of a unit or any other person with the consent of the owner, the corporation shall, within 10 days after receiving that request, provide a certificate that includes one or more of the following as specified in the request:

(2) On 10 days written notice to a corporation, a mortgagee may inspect one or more of the following:

(3) A certificate referred to in subsection (1) binds the corporation, as of the date it is given, with respect to the information that it contains, as against a purchaser or mortgagee of a unit who relies on the certificate.

(4) Subject to subsection (5), the corporation may charge a reasonable fee for the certificate requested under subsection (1).

(5) On the request of any person, the corporation shall, without fee, provide the address for service of the corporation, the name and address for service of each director and officer of the corporation, the name and address of the person responsible for the management of the property of the corporation and the name and address of the person to whom the corporation has delegated the responsibility for providing certificates under subsection (1). SNWT 2007,c.6,s.15.

(1) The owners have voting rights in the corporation in the proportions provided in the declaration.

(2) Where the voting rights in the corporation are not set out in the declaration, the owners have voting rights in the proportions in which they own a percentage of the common elements.

(3) Where a registered mortgage of a unit and common interest contains a provision that authorizes the mortgagee to exercise the right of the owner to vote or to consent, the mortgagee may exercise that right if he or she has given the corporation written notice of the mortgage and provided the address for service of notices on the mortgagee, and if two or more mortgages contain such a provision, the right to vote or consent shall be exercisable by the mortgagee who has priority.

(4) An owner or mortgagee, as the case may be, may exercise the owner’s or mortgagee’s right to vote personally or by proxy.

(5) Notwithstanding anything in this section, an owner or a mortgagee is not entitled to exercise the power of voting conferred on the owner by this Act or the declaration if

is in arrears for more than 30 days before the day that the power of voting may be exercised.

(6) Any powers of voting conferred by this Act, the declaration or the bylaws may be exercised, or any consent required to be given under this Act, the declaration or the bylaws may be given, or any document required to be executed under this Act, the declaration or the bylaws may be executed, in the case of a person

(7) If the Court, on application of the corporation or of any owner, is satisfied that there is no person capable or willing or reasonably available to exercise the power of voting, giving consent or executing a document, in respect of a unit, the Court

authorize the Public Trustee or another appropriate person, to exercise the power of voting, to give the consent or to execute the document, in respect of the unit.

(8) On giving an authorization under subsection (7), the Court may make an order that it considers necessary or expedient to give effect to the authorization. SNWT 2003,c.5,Sch.B,s.12(1),(2); SNWT 2007,c.6,s.16.

(1) The corporation may, by a vote of persons who own 66 2/3% of the common elements, or such greater percentage as may be specified in the declaration, make any substantial addition, alteration or improvement to or renovation of the common elements, or may make any substantial change in the assets of the corporation, and the corporation may, by a vote of a majority of the owners, make any other addition, alteration or improvement to or renovation of the common elements, or make any other change in the assets of the corporation.

(2) The cost of any addition, alteration or improvement to or renovation of the common elements, and the cost of any substantial change in the assets of the corporation, are common expenses.

(3) The declaration may provide that if any substantial addition, alteration or improvement to, or renovation of, the common elements is made or if any substantial change in the assets of the corporation is made, the corporation shall, on demand of any owner who dissented, purchase his or her unit and common interest.

(4) Where the corporation and the owner who dissented do not agree as to the purchase price of the unit and common interest, the owner who dissented may elect to have the fair market value of his or her unit and common interest determined by arbitration by serving a notice to that effect on the corporation, and the purchase price of his or her unit and common interest shall be the fair market value determined by arbitration.

(5) The Arbitration Act applies to an arbitration under subsection (4). SNWT 2007,c.6,s.17.

(1) The corporation shall obtain and maintain insurance on its own behalf and on behalf of the owners with respect to the units and the common elements, excluding improvements made or acquired by owners,

(1.1) Notwithstanding subsection (1) and except as may be required by a contrary provision of the bylaws, a corporation may, but is not obliged to, obtain and maintain insurance on bare land units or on buildings or improvements placed on bare land units.

(1.2) Subject to subsection (1.3), if an insurance policy obtained by the corporation in accordance with this section contains a deductible clause that limits the amount payable by the insurer, the portion of a loss that is excluded from coverage is a common expense.

(1.3) If the owner of a unit, or a person occupying the owner’s unit with the permission or knowledge of the owner, causes damage to a unit through an act or omission, the amount determined under subsection (1.4) may be added to the common expenses payable by the owner of that unit.

(1.4) For the purposes of subsection (1.3), the amount is the lesser of

(1.5) For the purposes of this section, the corporation is deemed to have an insurable interest in the replacement value of units and the common elements.

(1.6) The corporation shall, on its own behalf and on behalf of the owners, obtain and maintain

(1.7) For the purposes of this section, the corporation is deemed to have an insurable interest in the subject matter of the insurance referred to in subsection (1.6).

(1.8) The corporation shall

(2) Notwithstanding subsection (1), and any other law relating to insurance, an owner may insure his or her unit in respect of any damage in a sum equal to the amount owing at the date of any loss referred to in the policy on a mortgage of his or her unit.

(3) Any payment by an insurer under a contract of insurance entered into under subsection (2) shall be made to the mortgagees if the mortgagees, or any of them, so require, in order of their priorities, and the insurer shall then be entitled to an assignment of the mortgage or a partial interest in the mortgage to secure the amount so paid.

(4) A contract of insurance issued to a corporation under subsection (1) is not liable to be brought into contribution with any other contract of insurance except another contract issued in respect of the same building under subsection (1).

(5) A contract of insurance issued to an owner under the authority of subsection (2) is not liable to be brought into contribution with any other contract of insurance except another contract issued in respect of the same unit under subsection (2).

(6) Subsections (1) and (2) do not restrict the capacity of any person to insure otherwise than as provided in those subsections. SNWT 2007,c.6, s.18.

(1) Each owner shall maintain his or her unit.

(2) The corporation shall maintain the common elements.

(3) Subject to section 24, the corporation shall repair the units and common elements after damage.

(4) For the purposes of this Act,

(5) Notwithstanding subsections (1) to (3), the declaration may provide that

(6) Notwithstanding paragraph (4)(b), where there are one or more bare land units, the declaration shall contain provisions respecting the repair of improvements constructed on or added to a bare land unit after the registration of the declaration and plan after such improvements have been damaged.

(7) The corporation shall make any repairs that an owner is obligated to make and that the owner does not make within a reasonable time.

(8) An owner shall be deemed to have consented to have repairs done to his or her unit by the corporation under this section.

(1) Where damage to the units and common elements occurs, the board shall determine within 30 days after the occurrence whether there has been substantial damage to the extent that the cost of repair would be 25%, or such greater percentage as is specified by the declaration, of the value of the units, other than bare land units, and common elements immediately before the occurrence.

(2) Where there has been a determination that there has been substantial damage as provided in subsection (1), and the owners who own 66 2/3% of the units and common elements, or such greater percentage as is specified in the declaration, vote for repairs within 60 days after the determination, the corporation shall repair the damage.

(1) Where the owners do not vote for repair on a vote under subsection 24(2), the corporation shall, within 10 days after the vote, submit a notice of termination for registration.

(2) Where there has been no vote within 60 days after the determination that there has been substantial damage under subsection 24(1), the corporation shall, within 10 days after the expiration of the 60-day period, submit a notice of termination for registration.

(3) On the registration of a notice of termination under subsection (1) or (2),

SNWT 2003,c.5,Sch.B,s.13; SNWT 2007,c.6,s.19; SNWT 2011,c.16,s.2(2).

(1) Sale of the property or any part of the common elements may be authorized by

(2) Where a sale of the property or any part of the common elements is authorized under subsection (1), the corporation shall

(3) The notice of termination and the transfer referred to in subsection (2) must be executed by the corporation and must be accompanied by a certificate under the seal of the corporation certifying that

(4) A certificate made under subsection(3) is conclusive proof of the facts stated in it

(5) On registration of the transfer, the Registrar shall

(6) On registration of the transfer

(7) Subject to subsections 27(1) to (3), the owners share the proceeds of the sale in the same proportions as their common interest. SNWT 1991-92,c.36,s.8; SNWT 1994,c.8,s.76(3); SNWT 2007,c.6,s.20.

(1) Where a sale is made under section 26, any owner who dissented may elect to have the fair market value of the property at the time of the sale determined by arbitration by serving notice to that effect on the corporation within 10 days after the vote.

(2) The Arbitration Act applies to an arbitration under subsection (1).

(3) The owner who served the notice referred to in subsection (1) is entitled to receive from the proceeds of the sale the amount he or she would have received if the sale price had been the fair market value as determined by arbitration under subsection (1).

(4) Where the proceeds of the sale are inadequate to pay the amount determined under subsection (1), each of the owners who voted for the sale is liable for a portion of the deficiency determined by the proportions of their common interests.

(1) Termination of a condominium may be authorized by

(2) Where termination of a condominium is authorized under subsection (1), the corporation shall submit a notice of termination for registration, executed by the corporation and accompanied by a certificate under the seal of the corporation, certifying that

(3) On registration of a notice of termination under subsection (2), the provisions of subsection 25(3) apply. SNWT 2003,c.5,Sch.B, s.14; SNWT 2007,c.6,s.21.

(1) In the case of a leasehold condominium, a corporation may not make the additions, alterations, improvements or renovations referred to in section 21 or repair damage under section 24 unless the lessor consents or the additions, alterations, improvements, renovations or repairs are permitted under the lease.

(2) In the case of a leasehold condominium, a corporation may not submit for registration a notice of termination under section 25 or 28 or a transfer of the leasehold estate in the whole of the property or a part of the common elements under section 26 unless the lessor has consented to and executed the notice or the transfer, as the case may be. SNWT 2003,c.5, Sch.B, s.15; SNWT 2007,c.6,s.22.

(1) A lessor shall not terminate the lease and the leasehold estates in a unit in a leasehold condominium unless the lessor has been granted an order terminating the leasehold estates in all of the units.

(2) The lessor may make an application to the Court for an order terminating the lease and all of the leasehold estates in the units, if

(3) On an application under this section, the Court may make an order if it is satisfied that the order is just and equitable, having regard to the scheme and intent of this Act and the Residential Tenancies Act, if applicable, and the interests of all persons that would be affected by the order.

(4) The order may provide that all of the leasehold estates are terminated subject to the conditions set out in the order or may contain any other provision that the Court considers appropriate in the circumstances.

(5) If the Court makes an order terminating all of the leasehold estates, the lessor shall submit the order for registration.

(6) Upon the registration of an order under subsection (5),

(7) Before an order is submitted for registration under subsection (5) the corporation shall appoint a trustee to pay out the money remaining in the corporation’s reserve fund in accordance with this section.

(8) When this Act ceases to govern the property, the trustee shall pay out the money remaining in the reserve fund at that time in accordance with the following priorities:

(9) Before paying out a share of money payable to an owner, the trustee shall deduct from the share the amount of claims against the owner that secure the payment of money, and shall remit the deduction to the persons entitled to the claims. SNWT 2003,c.5, Sch.B,s.15; SNWT 2007,c.6,s.23.

(1) Where

any interested party may apply to the Court for an order terminating the condominium or amending the declaration or the plan.

(2) In determining whether to terminate the condominium or to amend the declaration or the plan, the Court shall consider

(3) Where an order is made under subsection (1), the Court may include in the order any provisions that the Court considers appropriate in the circumstances including, without limiting the generality of this power, directions

(4) On any application to the Court under this section, an insurer who has insured the units and the common elements under subsection 22(1) may appear in person or by agent or counsel.

(5) The Court may vary or amend any order made by it under this section. SNWT 2003,c.5,Sch.B, s.16(1),(2),(3); SNWT 2011,c.16,s.2(4).

(1) Where a duty imposed by this Act, the declaration or the bylaws is not performed, the corporation, any owner or any person having an encumbrance against a unit and common interest may apply to the Court for an order directing the performance of the duty.

(2) The Court may by order direct performance of the duty referred to in subsection (1) and may include in the order any provisions that the Court considers appropriate in the circumstances including the appointment of an administrator for the time and on the terms and conditions that it considers necessary and the payment of costs.

(3) An administrator appointed under subsection (2) shall

(4) Nothing in this section restricts the remedies otherwise available for failure to perform any duty imposed by this Act. SNWT 2003,c.5,Sch.B,s.17; SNWT 2007,c.6,s.2(3).