What the Act states
Updated to incorporate the 01 Nov 2017 changes

Examination of records
Section 55 (3): The corporation shall permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing, to examine or obtain copies of the records of the corporation in accordance with the regulations, except those records described in subsection (4).

Regulation power
(3.1) Without limiting the generality of subsection (3), a regulation described in that subsection may,

(a)	specify processes that a person entitled to examine or obtain copies of records under that subsection must follow to do so;
(b)	specify processes that the corporation must follow to respond to requests for records;
(c)	specify fees that a corporation may charge for payment by a person who makes a request to the corporation to examine or obtain copies of records under that subsection, where the fees are for costs relating to the examination or copying of the requested records; and
(d)	prescribe forms for requests for records or responses to those requests.

Exception
(4) The right to examine or obtain copies of records under subsection (3) does not apply to,

(a)	records relating to employees of the corporation, except for contracts of employment between any of the employees and the corporation;
(b)	records relating to actual or contemplated litigation, as determined by the regulations, or insurance investigations involving the corporation;
(c)	subject to subsection (5), records relating to specific units or owners or:
(d)	any prescribed records.

Same
(5) Clause (4) (c) does not prevent,

(a)	an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the unit of the owner, the unit being purchased or the unit that is subject to the mortgage, as the case may be;
(b)	an owner of a unit or an agent of the owner duly authorized in writing from examining or obtaining copies of records under subsection (3) if the records relate to the owner; or
(c)	an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing from examining or obtaining copies of the record that section 46.1 requires the corporation to maintain.

Waiver
(6) Despite subsections (3) and (4), a corporation may disclose a record described in clause (4) (b) but shall not disclose,

(a)	a record described in clause (4) (a);
(b)	subject to subsection (5), a record described in clause (4) (c); or
(c)	subject to the regulations, a record described in clause (4) (d).

Admissible evidence
(7) A copy that a corporation has certified under its seal to be a true copy of a record is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it.

Penalty for non-compliance  (See Subsection 11 below)
(8) A corporation that without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section shall pay a sum determined in accordance with the regulations to the owner, purchaser or mortgagee on receiving a written request for payment from that person.

Recovery of sum
(9) The owner, purchaser or mortgagee may recover the sum from the corporation by an action in the Small Claims Court.

Order for production of records
(10) If a corporation without reasonable excuse does not permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing to examine or to obtain copies of records under this section, the Small Claims Court may order the corporation to produce the records for examination.

Non-application
(11) Subsections (8) to (10) do not apply to any matter in dispute for which a person may apply for resolution under section 1.36 to the Condominium Authority Tribunal established under Part I.2.


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