Sections 56 & 57

Section 56 & 57 passed Queens Park and were written into Ontario's Condominium Act—and left there from 1979 to 2001.

Section 56—bureau
Section 56 called for a non-profit corporation to be incorporated. This bureau would have had:
2.
 Have condo owners on the board of directors
3a.
 advising and assisting the public in condominium matters
3b
 assisting in the resolution of disputes between condominium corporations and unit owners and between two or more unit owners and for this purpose appointing review officers and paying their remuneration
3c.
 disseminating information for the purpose of educating and advising condominium corporations and unit owners concerning condominium matters and the financial, operating and management practices of condominium corporations
3d.
 assisting in the formulation and conduct of educational courses for property management.
4.
 The bureau shall appoint review officers who shall perform the duties and exercise the powers given to them by this Act and the regulations under the supervision of the bureau and shall perform such other duties as are assigned to them by the bureau.
7.
 Each corporation shall pay to the bureau an annual fee in the amount prescribed by regulation for each unit comprising the property and shall file such information and material as is prescribed by the regulations.

The provincial government established Condominum Ontario, a non-profit organization and provided it with senior staff and funds. As an interim measure it offered an information, advisory and educational services. Funding by the Ontario government ceased on 31 October 1981 and it died.

Section 57—Dispute

 From the start, there was disputes between the condo corporations, the developers, contractors and the owners.

Section 57 was written to give a speedy and inexpensive forum to settle these disputes. Condo owners would no longer have to seek relief from the courts.
Condo owners would get their Condo Police.

Section 57 of the Act called for:
1.
 Where there is a dispute between a corporation and an owner or between two or more owners in respect of any matter relating to this Act, the declaration, by-laws or rules, any party to the dispute may, prior to the commencement of any court proceeding in respect of the same matter, refer the matter in dispute to the bureau for resolution and shall notify all other parties affected.
2.
 Within fourteen clear days after the matter has been referred to the bureau, the bureau shall give written notice to all parties of the date, time and place for the consideration of the matter in dispute and shall designate a person as review officer to review the matter in dispute.
3.
 For purposes of a review under subsection (2), the review officer may inquire into any matter relevant to the subject-matter of the dispute, whether or not previously brought to his or her attention by the parties.
4.
 The bureau shall appoint review officers who shall perform the duties and exercise the powers given to them by this Act and the regulations under the supervision of the bureau and shall perform such other duties as are assigned to them by the bureau.
5.
 Where the review officer proposes to make an order under subsection (4), he or she shall serve notice of the proposal together with written reasons therefor on all parties to the review.
6.
 A notice under subsection (5) shall state that every party to the review is entitled to appeal the proposed order to the Licence Appeal Tribunal and shall specify the place where the appeal may be filed.
7.
 Where there is no appeal to the Licence Appeal Tribunal, the review officer may make his or her order upon the expiration of twenty-one days after the last service of notice under subsection (5) on a party to the review.
9.
 Except as provided in subsection (8), the Statutory Powers Procedure Act does not apply to a proceeding before the review officer designated by the bureau.
11.
 On an appeal, the Licence Appeal Tribunal may proceed by way of a new hearing and after the hearing, the Tribunal may make any order it considers just and equitable and for such purposes the Tribunal shall substitute its opinion for that of the review officer. R.S.O. 1990

Section 58
Sections 56 and 57 do not come into force until a day to be named by proclamation of the Lieutenant Governor.



So these two sections remained in the Act from 1979 until 05 May 2001 and were NEVER proclaimed.

Like kids looking in a candy store window, condo owners can just drool at what was promised but what they could not have.

You can read the Condominium Act 1990 here.


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