In the 10 years that the Condominium Act, 1998 has been in force, the prescribed forms needed for the extraordinary events of a condominium’s life and its day to day operations have been reliably set out in the regulations under the Act.
Effective September 1, 2011, the two regulations under the Condo Act were significantly amended. The biggest change is that all of the prescribed forms under those regulations are revoked and users are now referred instead to “the form that the Director of Titles specifies” or “the form that the Minister responsible for the administration of that subsection specifies.”
As an example, subsection 33 (3) of the general regulation used to read as follows:
The notice that the board is required to send under subsection 94 (9) of the Act shall be in Form 15.
That subsection is revoked and replaced with the following:
The notice that the board is required to send under subsection 94 (9) of the Act shall be in the form that is entitled "Notice of Future Funding of the Reserve Fund" and dated September 1, 2011, as it appears on the Government of Ontario website.
After several minutes of searching, I was completely unable to find the new forms on the government website. Luckily, my colleague Warren Ragoonanan had somehow found the right page and sent me a link. It is here. Try not to lose it since you’ll be hard-pressed to find it yourself and the new forms are not yet searchable using the government’s online "central form repository."
The old forms can no longer be found in current versions of the regulations and will not be attached to regulations in the future. Thus, the only authoritative source for current forms will be online. All those forms are now deposited here:
You’ll see that this new forms webpage refers to the "previous form numbers" but the numbers no longer appear on the forms themselves. Those old form numbers no longer have any legal significance and will eventually fade from use, likely at about the same time that we stop referring to the Condo Act 1998 as the "new act". Many of the old timers will, no doubt, continue to date themselves by referring to a "notice of lien to owner" as a "Form 14" for far longer than is fashionable.
In addition to the fact that most of us woke up one morning and found that the old prescribed forms had vanished overnight, condominium professionals are likely perturbed by not knowing for sure whether the new forms are different from the old ones. For one thing, reference to the old form numbers has been removed from the titles of all the new forms. It is therefore conceivable that there are other changes, although a superficial glance suggests that the new forms are otherwise familiar. Do your own quick check.
For full text of the amendments to the regs, see:
O. Reg. 442/11, which amends the “general” regulation known as O. Reg. 48/01.
O. Reg. 443/11, which amends the “description and registration” regulation known as O. Reg. 49/01.
For your convenience, a link to the new Condo Act forms webpage is now permanently available in the links section at the right-side of our blog’s main page.