Ministerial Order Impacts Condominiums

Earlier this month, the Honourable Nate Glubish, Minister of Service Alberta, issued a Ministerial Order under the authority of the Public Health Act. The Order issued on April 9, 2020 was to temporarily modify provisions in several acts and regulations related to timelines, location and distance, as well as utility payments and access to information requests.

This Order highlights the governments awareness that responding to the pandemic has challenged the ability and capacity for many organizations to comply with aspects of existing legislation and regulations. Service Alberta anticipates that these temporary changes in place for the duration of Alberta’s State of Public Health Emergency, will help businesses, public bodies and non-profits as they focus their efforts on responding to COVID-19.

The following is a highlight and summary of the temporary modifications made to the Condominium Property Act:

Section 10.1 now states that the interim board holds office until a board is elected pursuant to Section 29 and, for greater certainty, will continue to hold office in the event a meeting under Section 29 is delayed.
Section 24.1 (4.1) now states that a person, other than a person who regularly resides in a unit, is not entitled to enter a unit under (3) unless expressly or impliedly invited by a person who regularly resides in the unit, if
- (a) any person who regularly resides in the unit is self-isolating, in quarantine, or displaying symptoms consistent with the pandemic COVID-19 or has tested positive for COVID-19; or
- (b) the person seeking entry is self-isolating, in quarantine, or displaying symptoms consistent with the pandemic COVID-19 or has tested positive for COVID-19.
  - 💡 The temporary modification to Section 24.1 (Right of Entry) does not impact the Condominium Corporation’s right to enter in the case of an emergency.
The requirements for the developer to convene a general meeting under Section 29(1) is suspended.
The ability of an owner to convene a meeting under Section 29(2) is suspended.
The requirement for an annual general meeting to be held under Section 30 is suspended.
The requirement to convene a special general meeting on the request of an owner under Section 30.1(4) is suspended.
- - 💡 Opportunity to check with your legal counsel to confirm if your Bylaws have provisions on how virtual meetings could be handled in the future.

The Condominium Property Regulation has been modified as well:

Section 20.1(d) now includes events leading to a declaration of public health emergency under the Public Health Act as events that may delay 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.
The 5 year time period to carry out a reserve fund study, prepare a reserve fund report, approve the reserve fund plan, and provide owners with copies of the reserve fund plan since approval of the most recent reserve fund plan under Section 30 is suspended.
- - 💡 Great opportunity to review what your Condominium Corporations can proceed with at this time where possible.

Also, the Consumer Protection Act, has been to modified to state that:

(3.1) Between the period of March 17 and June 18, it is an unfair practice for any person to charge a supplier of power or heat sub-metering or any individual, including landlords or condominium corporations, to refuse to defer payments subject to the sub-metering arrangement upon the request of an individual subject to the sub-metering arrangement, and may not disconnect service under a sub-metering arrangement between March 18 and June 18.
This change is in support of the utility bill payment extension resulting from the government directed optional utility bill payment deferral plan.

Click here for a complete copy of the Ministerial Order (Sections 17 & 18). Questions about these changes can be direct to J.D. Crookshanks, Statute Administrator for the Condominium Property Act and Real Estate Act. You may also wish to review these changes in detail with your legal and property management team, as this information is provided as a general update of the temporary changes implemented.

Emerald Management & Realty Ltd. offers a wide range of condominium management services for condominium corporations and their Board of Directors. The above information is a sample of the supplemental information often included with the delivery of the monthly operating statements provided to our valued clients. As we have been for several decades, during the COVID-19 pandemic – we continue to be available 24/7 and we are proud to recognize the valued dedication and support of our valued team members and service providers. We are here to help and will get through this together.

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