Condo Law at a Crossroads: Which PCO Amendments Survived—and Which Didn’t

In 2015 the Protecting Condominium Owners Act, 2015 (the “PCO”) was passed, which represented the most significant overhaul of the Condominium Act, 1998 (the “Condo Act”) in nearly two decades. Although some of the proposed changes were brought into force and effect, many have sat in legislative limbo for years, unproclaimed and seemingly forgotten.

Typically, legislation that is not called into force and effect within ten years expires. As the ten-year anniversary of the PCO passed in 2025, it seemed many of these changes would quietly fade away. However, on December 11, 2025, Bill 72, the Buy Ontario Act, 2025, received Royal Assent. Bill 72 extended the life of certain section of the PCO, and thus the proposed changes to the Condo Act remain alive.

Some of the extended provisions that would have the biggest impact on condo living should they be proclaimed include:

• A requirement for condominiums with joint amenities to enter into shared facilities agreements; ¹
• Greater protections for condominiums seeking remedies against their developers,² An adjustment in the process for calling requisition meetings;³
• Additional information requirements for Status Certificates;⁴ and,
• An increased ability for Condos to leave declarant signed agreements.⁵

Even with the extension, there is still no certainty whether these sections will ever be proclaimed.

Some of the notable proposed changes that have not been extended, and have expired, include:

• Additional regulations surrounding the condominium’s ability to enter contracts;⁶
• Giving the Condominium Authority Tribunal expanded jurisdiction to deal with chargeback disputes, a perennial bone of contention among owners and corporations;⁷
• Greater clarity on what “adequate” funding is within a reserve fund;⁸ and,
• Removal of the condominium’s ability to add damage awards to unit owner’s common expenses under section 134(5) of the Condo Act.⁹

The condominium world has been left in a state of flux as the legislature continues to put off amendments to the Condo Act. That said, with many of the proposed amendments in the POC expiring, we are one step closer to legislative certainty. The ten-year odyssey of amending the Condo Act is nearing its conclusion, even if the final shape of the legislation remains unfinished.