News & Updates

SOUTH ALBERTA CHAPTER PROVIDES FURTHER INFORMATION ON THE STATUS OF BILL 9: CONDOMINIUM PROPERTY AMENDMENT ACT

The Canadian Condominium Institute – South Alberta branch (“CCI-SA”) released a preliminary review of the amendments to the Condominium Property Act (“Act”) proposed in Bill 9 in December 2014.  The Board of CCI-SA has received several responses to that first press release and determined that there is confusion about the status of the Bill and whether it is now valid and in force as Alberta law or not.  The history of the Bill is as follows:

• Bill 9 — Condominium Property Amendment Act, 2014 (Olesen)
• First Reading — 237 (Dec. 1, 2014 aft., passed)
• Second Reading — 336-38 (Dec. 3, 2014 aft.), 428-33 (Dec. 8, 2014 eve., passed)
• Committee of the Whole — 470-75 (Dec. 9, 2014 aft.), 477-80 (Dec. 9, 2014 eve., passed with amendments)
• Third Reading — 495-500 (Dec. 10, 2014 aft., passed)
• Royal Assent — (Dec. 17, 2014 outside of House sitting)

However, it is important to note that section 62 of the Bill states that the Act comes into force “upon Proclamation”. Royal Assent is not the same thing as Proclamation, and so as of the date of this press release Bill 9 is not valid or in effect as Law in the Province of Alberta.

Further, given the number of amendments in the Bill that require “Regulations” to support and further clarify the changes, it is likely that the government of Alberta will proclaim the amendments in stages rather than all at once. If certain sections in an Act refer to Regulations that do not exist, those sections of the Act presumably, and from a practical perspective, cannot be proclaimed into Law. For example, Bill 9 creates a Tribunal, however, the sections that deal with the Tribunal cannot be proclaimed when there is no Tribunal in existence. Accordingly, it is uncertain how the government will deal with this issue.

CCI-SA has also received substantive responses to the amendments proposed to the Act.  However, given the number of significant changes proposed in the Bill, and the uncertainty of when each of those amendments may be proclaimed into Law, CCI-SA is reluctant to comment further on specific amendments and whether they are positive, or of concern. Further press releases shall be forthcoming in response to announcements from the government of Alberta.

Kindly address your questions, objections and concerns to us so that as the voice for condominium owners in Southern Alberta we may continue to review and advocate on your behalf. For more information please visit our website at www.ccisouthalberta.com or contact John McDougall, CCI South Alberta Secretary at (403) 231-8206 or E-Mail: j.mcdougall@scottventuro.com.

The Canadian Condominium Institute – South Alberta Chapter

“To educate and advocate for condominium corporations and unit owners.”