RTA · Condominium Property Regulation
Part 8 — .3
73.7 Consequences of non-compliance with bylaw
comply with a bylaw, a corporation must serve a notice of
proposed sanction on the person.
(2) If a person who fails to comply with a bylaw is a tenant, a
corporation may serve a notice of proposed sanction on the owner
of the unit, in addition to complying with subsection (1).
(3) A notice of proposed sanction must contain the following
information:
(a) the unit number associated with the failure to comply with
a bylaw;
(b) the name of the person subject to the proposed sanction, i f
known;
(c) the provision of the bylaw that has not been complied
with;
(d) if the sanction is provided for in a bylaw in respect of
non-compliance with a rule, the rule that has not been
complied with;
(e) the date and time of the non-compliance, if applicable;
(f) other relevant particulars of the failure to comply;
(g) if applicable, the maximum monetary sanction for non-
compliance with the bylaw;
Section 73.7 AR 168/2000
(h) a description of corrective or other action, if any, that
must be taken in respect of the non-compliance;
(i) the deadline, which must be at least 3 days, excluding
holidays, after service of the notification, for taking the
required actions or providing a written response to the
notification, if any.
(4) A person who is served with a notice of proposed sanction
must be provided at least 3 days, excluding holidays, to provide a
written response to the notice or to comply with the actions
required under the notice.
(5) When the deadline for a written response or corrective actions
has expired and the corporation is not satisfied with the response or
actions, if any, the corporation may, in accordance with subsection
(6), impose a sanction
(a) on the person named in the notice of proposed sanction, or
(b) if no person is named in th e notice of proposed sanction,
(i) on the owner, if the ow ner has not provided a notice
to the corporation under section 53(5) of the Act
setting out the name of the tenant in possession of the
unit, or has provided a notice to the corporation
under section 53(6) of the Act that a tenant is no
longer in possession of the unit, or
(ii) on the tenant, if the owne r has provided a notice to
the corporation under section 53(5) of the Act and
has not provided a notice to the corporation under
section 53(6) of the Act that a tenant is no longer in
possession of the unit.
(6) A corporation imposing a sanction shall serve on the person
subject to the sanction a notice of sanction that contains the
following information:
(a) in respect of a monetary sanction, the amount of the
sanction and the instructions and the deadline for payment
of the sanction;
(b) in respect of a sanction other than a monetary sanction, a
description of the sanction and the date and time at which
it comes into effect;
(c) reasons for issuing the sanction;
(d) the date of the board resolution approving the sanction.
Section 73.8 AR 168/2000
(7) Where a person who is the subject of a proposed sanction is not
an owner, a notice required to be served under this section may be
served on the person electronically, if the person has provided the
board with an electronic address, by personal service, ordinary or
recorded mail addressed to the unit with which the sanction is
associated, or by being left with a person apparently over the age of
18 years at the unit.
(8) A corporation imposing a sanction on a tenant shall ensure that
the owner of the unit to which the sanction relates is provided with
copies of
(a) the notice of proposed sanction served by the corporation
under subsection (1), and
(b) the notice of sanction se rved by the corporation under
subsection (6).
(9) Service is deemed to have been effected
(a) on the date on which ac knowledgment of receipt of
recorded mail is signed,
(b) 7 days after the date on which the document is sent by
ordinary mail, or
(c) 24 hours after the document is sent by electronic means.
(10) Subject to its bylaws, a corporation may delegate a power or
duty conferred on it under this section, except the power to decide
to impose a sanction.
(11) For greater certainty, nothing in this section precludes a
condominium manager or other person from serving notices
relating to proposed sanctions.
AR 154/2019 s28