RTA · Condominium Property Regulation
Part 1 — .2
20.1 Delay for legitimate cause
occupancy beyond the final occupancy date for a unit, without
liability for damages and without giving rise to a right of rescission
by a purchaser under section 20.09, if one of the following events
causes the unit not to be ready for occupancy by the final
occupancy date:
(a) fire;
Section 20.11 AR 168/2000
(b) explosion;
(c) flood;
(d) events leading to a declaration of an emergency under the
Emergency Management Act or the Emergencies Act
(Canada);
(e) events leading to an order under section 24.1(1) of the
Financial Administration Act in respect of a public
emergency or disaster;
(f) impact by aircraft, spacecraf t, watercraft or land vehicles;
(g) riot, vandalism or malicious acts;
(h) a delay in the issuance of a development permit pursuant
to the Municipal Government Act that is due to
(i) the failure of the development authority or other
authority to issue the decision respecting the permit
within the timelines required by law,
(ii) an outstanding appeal, or
(iii) an agreement to an extens ion of the time to make the
decision respecting the permit;
(i) the issuance of an order under section 20(2), 37(2) or (3)
or 49 of the Historical Resources Act or a notice
preceding the making of a bylaw by the council of a
municipality under section 26(2) of the Historical
Resources Act.
(2) If a developer delays occupancy beyond the final occupancy
date under subsection (1), the developer shall
(a) provide the purchaser with written notice of the delay and
the cause of the delay, as soon as the developer becomes
aware, and
(b) within a reasonable period of time following the
beginning of the delay, provide the purchaser with written
notice of a revised final occupancy date that reflects a
reasonable length of time to remedy the results of the
event that caused the delay in occupancy.
AR 181/2017 s5;154/2019