Ontario's Ministry of Government and Consumer Services Consults on Condo Act Changes to Support

Ontario's Ministry of Government and Consumer Services (MGCS) released a highly anticipated regulatory proposal on December 1, 2017 seeking public comment on proposed amendments to O. Reg. 48/01 under the Condominium Act, 1998 S.O. 1998, c. 19 (Condo Act). MGCS is proposing that the changes would come into effect in Spring of 2018.

The proposals include the following overarching elements (excerpted):

  1. Lower the level of owners' consent required for amending condominium declarations to facilitate the exchange of EV parking spaces.

  2. Provide unit owners and condo boards with an exemption to notice requirements under sections 97 and 98 of the Condo Act for the purposes of installing EV charging equipment and related infrastructure.

  3. Require condo boards to approve the installation of an EV charging station by an owner if certain conditions are met.

  4. Permit the use of a condominium corporation's reserve fund to support EV charging equipment installation.

  5. Require the installation of two EV charging stations where unit owners' written requests are received by a condominium corporation and meet a certain quantitative threshold.

Plain language proposals, which include more detail on the scope of and proposed limitations to the proposals can be found in a plain language guide.

The proposals are intended to support Ontario in achieving its zero-emission vehicle (ZEV) sales targets (ZEVs reaching 5% of province-wide passenger vehicles sales by 2020) and a Climate Change Action Plan commitment to establish requirements as soon as possible to make it easier for existing condominiums and apartment buildings to make it easier to install charging stations for residents.

MGCS indicates the proposed changes, if passed, could support (excerpted):

  • condo owners who have EVs by giving them the ability to exchange their parking spots lacking access to an EV charging station for those spots providing access to an EV charging station;

  • condo owners requesting approval from their condominium boards to install EV charging stations;

  • condominium boards in managing these requests and in balancing the interests of the condominium corporation and individual owners; and

  • installation of EV charging infrastructure through the use of a condominium corporation's reserve fund.

Many EV advocates and policy experts across Canada have identified governance challenges associated with installing EV supply equipment in multi-unit residential buildings such as condominiums as a major barrier to EV adoption.

MGCS seeks public feedback on the proposals by January 2, 2018. A link for providing feedback is provided at the bottom of the regulatory registry posting allowing users to upload comments.

Please contact Travis Allan to discuss.

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