New Requisition Process and CAT Expansion into Meetings

By: Victor Yee

The Ontario government has recently announced that on December 31st 2026, certain amendments to the Condominium Act, 1998 (the “Act”) that were introduced in the Protecting Condominium Owners Act, 2015 (the “PCOA”) will be proclaimed into force. Most notably, the amendments to the Act and its accompanying General regulation will establish a detailed procedure for requisitions and requisition meetings.

The Ontario government also announced that on July 1st 2027, the jurisdiction of the online Condominium Authority Tribunal (the “CAT”) will be expanded to include disputes about requisitions and notices of owners’ meetings.

More Structured Requisition Process

Historically, Section 46 of the Act provided a relatively straightforward right for owners to compel a meeting, if at least 15% of the units signed a requisition. However, the legislation contained sparse details regarding the procedure, particularly if the signed requisition was deemed to be invalid by the receiving condominium corporation. Moreover, unit owners could only bring their dispute about the validity of their requisition to the Ontario Superior Court of Justice.

On December 31st 2026, the General regulation will be amended to contain new provisions, namely Sections 12.2.1 to 12.2.7, establishing detailed requirements for the requisition process.

Mandatory Requisition Form

For the first time, unit owners will be required to use a mandatory form of requisition, which will be published online by the Condominium Authority of Ontario (the “CAO”). In theory, this should make it easier for condominium Boards and Managers to evaluate whether a requisition complies with legislative requirements.

Expanded Methods of Delivering Requisition

Currently, a requisition can only be delivered personally or by registered mail to the President or Secretary of the Board, or deposited at the address-for-service of the Corporation.

In addition to these methods of delivery, the new General regulation will allow for a requisition to be sent via mail or courier to the Manager or deposited in the Manager’s mailbox, or sent via email or fax if the Board has decided that this method of delivery is acceptable.

20-Day Timeline for Board Response to Requisition

Starting December 31st 2026, a condominium Board will have to respond within 20 days of receiving the requisition. The Board’s response must be sent to the designated/lead requisitionist, using the contact information that was supplied in the mandatory requisition form.

Revising and Withdrawing Requisitions

Currently, the Act provides no guidance on whether a requisition can be revised or withdrawn by the requisitionists, after its delivery to the Corporation.

The new General regulation will allow for a requisition to be revised by submitting a replacement requisition in the mandatory form, and the General regulation will allow for the designated/lead requisitionist to withdraw the requisition within 15 days of its submission.

CAT Jurisdiction Expands to Requisitions and Notices of Meeting

As of July 1st 2027, the CAT will have jurisdiction to hear disputes about the requisitioning or calling of owners’ meetings, including disputes about:

• notifying owners of their right to requisition a meeting under Section 46 of the Act;

• preliminary notices of meeting under Section 45.1 of the Act;

• the form, content, or delivery of submissions by unit owners to include materials in the notice of meeting package;

• when an owners’ meeting must be held; and

• the reimbursement of an owner’s reasonable costs incurred in calling an owners’ meeting that the Corporation failed or refused to call.

The CAT will be able to, in an appropriate case, order a condominium corporation to call and hold a requisition meeting when a valid requisition has been submitted – whereas previously, a Board might have ignored the requisition and waited to see if the unit owner pursued a costly lawsuit in the Superior Court.

The CAT will also be able to compel a condominium corporation to call and hold an overdue Annual General Meeting (“AGM”), if a unit owner has brought an appropriate complaint that no AGM has been held within 6 months of the condominium’s fiscal year end.

Explicit Limits on CAT’s Jurisdiction

The amendments specifically exclude from the CAT’s new jurisdiction:

• disputes about the conduct of the meeting itself;

• disputes about advance voting, proxies, or ballots; and

• mixed disputes involving either of the above two issues.

This distinction between the conduct of an owners’ meeting, and the sending of notice leading up to an owners’ meeting, will likely be a key jurisdictional battleground in the early years of the CAT’s expansion into this area.

Increased $50,000 Ceiling

Currently, the CAT can only order a non-compliant party to pay compensation of up to $25,000 in damages. On July 1st 2027, that amount will increase to $50,000; matching the monetary jurisdiction of the Small Claims Court in Ontario.

Going Forward: Budget Accordingly

The new amendments announced by the Ontario government will also implement, on December 31st 2026, new changes to the owner-occupied position on the Board and the related shift in nomenclature to “non-leased voting units” instead.

But the major overhaul of the requisition process, and the expansion of the CAT into disputes about requisitions and notices of meeting, are key developments in the upcoming landscape for condominium corporations in Ontario. These changes will require that condominium Boards review their annual budgets carefully, to account for additional legal expenses in the years to come.