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CAT Jurisdiction and Expansion

The CAT’s jurisdiction expanded on January 1, 2022 to include:

  • Disputes about unreasonable nuisances, annoyances or disruptions set out under section 117(2) of the Condominium Act, 1998 (the “Condo Act”) and in Ontario Regulation 48/01 (O. Reg 48/01). This includes disputes involving:
      1. Noise
      2. Odour
      3. Light
      4. Vibrations
      5. Smoke
      6. Vapour
  • Disputes about provisions in a condo corporation’s governing documents (i.e., its Declaration, By-laws or Rules) that prohibit, restrict or otherwise govern these activities, or any other type of nuisance, annoyance or disruption to an individual in a condo corporation.
  • Disputes about provisions in a condo corporation’s governing documents (i.e., its Declaration, By-laws or Rules) that govern the indemnification or compensation related to these disputes.

The CAT will receive jurisdiction over these disputes as the government will be:

  1. Proclaiming the amendments to section 117 of the Condo Act;
  2. Amending O.Reg. 48/01 to 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 disputes regarding unreasonable nuisances, annoyances or disruptions:
      1. Odour
      2. Smoke
      3. Vapour
      4. Light
      5. Vibration

Note: Noise is not a prescribed nuisance in O. Reg. 48/01, but it is already listed in section 117 (2) of the Condo Act, so the CAT would also be receiving jurisdiction over noise disputes.

  1. Amending Ontario Regulation 179/17 (O. Reg. 179/17) to expand the CAT’s jurisdiction to include these disputes.

For more information, check out the links below:

The CAO will be providing additional information and resources about these new dispute types over the next few months, so stay tuned!

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