Condominium Act, 1998, s. 132

Mediation and arbitration 132 (1) Every agreement mentioned in subsection (2) shall be deemed to contain a provision to submit a disagreement between the parties with respect to the agreement to, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (1) of the Act is amended by adding “Subject to subsection (4.1)” at the beginning and by adding “including any question of law or equity” after “with respect to the agreement” in the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 114 (1)) (a) mediation by a person selected by the parties unless the parties have previously submitted the disagreement to mediation; and (b) unless a mediator has obtained a settlement between the parties with respect to the disagreement, arbitration under the Arbitration Act, 1991, (i) 60 days after the parties submit the disagreement to mediation, if the parties have not selected a mediator under clause (a), or (ii) 30 days after the mediator selected under clause (a) delivers a notice stating that the mediation has failed. 1998, c. 19, s. 132 (1). Application (2) Subsection (1) applies to the following agreements: 1. An agreement between a declarant and a corporation. 2. An agreement between two or more corporations. 3. An agreement described in clause 98 (1) (b) between a corporation and an owner. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (2) of the Act is amended by adding the following paragraph: (See: 2015, c. 28, Sched. 1, s. 114 (3)) 3.1 An agreement for sharing as described in section 21.1, if it is prescribed. 4. An agreement that the corporation has entered into with a condominium management provider or a condominium manager and under which the corporation receives condominium management services. 1998, c. 19, s. 132 (2); 2015, c. 28, Sched. 2, s. 80 (16). Disagreements on budget statement (3) The declarant and the board shall be deemed to have agreed in writing to submit a disagreement between the parties with respect to the budget statement described in subsection 72 (6) or the obligations of the declarant under section 75 to mediation and arbitration in accordance with clauses (1) (a) and (b) respectively. 1998, c. 19, s. 132 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (3) of the Act is amended by adding “including any question of law or equity” after “section 75”. (See: 2015, c. 28, Sched. 1, s. 114 (4)) Disagreements between corporation and owners (4) Every declaration shall be deemed to contain a provision that the corporation and the owners agree to submit a disagreement between the parties with respect to the declaration, by-laws or rules to mediation and arbitration in accordance with clauses (1) (a) and (b) respectively. 1998, c. 19, s. 132 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 132 (4) of the Act is amended by adding “Subject to subsection (4.1)” at the beginning and by adding “including a disagreement with respect to any question of law or equity” after “rules”. (See: 2015, c. 28, Sched. 1, s. 114 (5)) Non-application (4.1) Subsections (1) and (4) 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 if the Tribunal has been established under that Part. 2020, c. 14, Sched. 1, s. 18 (1). Duty of mediator (5) A mediator appointed under clause (1) (a) shall confer with the parties and endeavour to obtain a settlement with respect to the disagreement submitted to mediation. 1998, c. 19, s. 132 (5). Fees and expenses (6) Each party shall pay the share of the mediator’s fees and expenses that, (a) the settlement specifies, if a settlement is obtained; or (b) the mediator specifies in the notice stating that the mediation has failed, if the mediation fails. 1998, c. 19, s. 132 (6). Record of settlement (7) Upon obtaining a settlement between the parties with respect to the disagreement submitted to mediation, the mediator shall make a written record of the settlement which shall form part of the agreement or matter that was the subject of the mediation. 1998, c. 19, s. 132 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, section 132 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 1, s. 18 (2)) (8) If a disagreement is submitted to arbitration under this section, the arbitral tribunal shall not make an award requiring a person to vacate a property permanently. 2020, c. 14, Sched. 1, s. 18 (2). (9) If a matter is submitted to arbitration under this section, the arbitral tribunal that makes an award as part of the arbitration shall ensure that a copy of the award is delivered to the following person or body within the prescribed time period and in accordance with the regulations: 1. The board of the condominium authority, if the authority exists. 2. The Minister, if there is no condominium authority. 2020, c. 14, Sched. 1, s. 18 (2). (10) Upon receiving a copy described in subsection (9), the board of the condominium authority or the Minister, as the case may be, shall make it available to the public in the prescribed manner. 2020, c. 14, Sched. 1, s. 18 (2).