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Implications of Bill 22 for Strata Corporations

Published Date
Author Jeevani DeWage

The changes introduced by Bill 22, the Strata Property Amendment Act, 2023, aim to make it easier for strata corporations and owners to install and manage Electric Vehicle (EV) charging infrastructures within their properties.

The bill facilitates easier approval processes by lowering the voting threshold, the extension of the time duration that an owner may have exclusive use of a common property parking stall, and guidelines for reviewing owner requests to prevent strata corporations from unreasonably refusing approvals to install EV charging infrastructures. 

The bill includes several changes that have already taken effect, while others will come into effect through regulations expected in the fall of 2023.

Immediate Changes (Effective May 11, 2023)

  • Lower Voting Threshold – The key provision of the bill that took immediate effect is the lowering of the voting threshold from a ¾ vote to a majority vote for decisions regarding EV charging. This change makes it easier for strata corporations to proceed with EV charging projects as a strata corporation expense. However, a ¾ vote is still required for all special levies, including those for EV charging infrastructures. 
  • Spending from CRF - The bill allows strata corporations to obtain a majority vote approval to spend from the Contingency Reserve Fund (CRF) if the expenses are related to the installation or management of EV charging infrastructures. This includes obtaining reports concerning EV charging installation, operation, or management of electricity used by EV charging infrastructures such as an EV-ready report or an electrical planning report. 
  • Significant Change in Use or Appearance of Common Property - Similarly, if there is a significant change in the use or appearance of common property that is related to the installation of EV charging infrastructures or the management of electricity used by EV charging infrastructures, a majority vote can be obtained to proceed.
  • Acquisition or Disposal of Personal Property - Additionally, the Strata Corporation’s acquisition or disposal of personal property for certain purposes related to EV charging such as installation, operation, maintenance, repair, or the management of electricity used by EV charging infrastructure can be approved by a majority vote. 

Changes through Regulation (Expected Fall 2023)

Obtaining Electrical Planning Report – It will be mandatory for the strata corporations to obtain an electrical planning report from a qualified person by a specified date to assess the strata corporation's electrical capacity to meet the demands of EV charging, as well as other needs like heat pump installation. The report will provide valuable information about the strata corporation's electrical infrastructure and its ability to accommodate these new requirements. Strata corporations can pay for these reports from the operating fund or the CRF.

Exclusive Use of Parking Stalls - Strata councils will have the authority to allow short-term exclusive use of parking stalls for longer than one year for parking stalls used for EV charging. This provision enables owners of electric vehicles to have dedicated parking stalls for charging their vehicles.

Owner Request and Council Review – The regulations will outline the details that must be included in an owner's request to install an EV charger. The strata Council will review such requests based on specific criteria, which may include the capacity and anticipated demands on the strata corporation's electrical system. These guidelines aim to ensure that strata corporations consider and assess owner requests fairly and reasonably, preventing arbitrary refusals that could hinder the adoption of EV charging infrastructures.

However, certain conditions may need to be agreed upon in writing, such as obtaining the approval of the strata corporations for infrastructures, contractors, and materials. If the request is approved the owner may proceed with the alterations, or the strata corporations may undertake the alteration on behalf of the owner ensuring the owner will pay for the alterations cost in advance.

These regulations will provide further guidance on the changes introduced by Bill 22 for strata corporations. 

By promoting sustainable transportation options like electric vehicles, the bill contributes to reducing carbon emissions and supporting a more environmentally friendly future.

This article is intended solely for educational purposes and should not be relied upon as legal advice.