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CAT Jurisdiction Expansion and Consultation

The Condominium Authority of Ontario (CAO) previously announced that it will be undertaking consultations about opportunities to expand the Condominium Authority Tribunal’s (CAT) jurisdiction. Click here to learn more about these consultations and how you can participate.

On September 23, 2021, the Ministry of Government and Consumer Services also announced that the CAT’s jurisdiction will be expanding effective 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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