Lash Condo Law’s Natalia Polis was a guest on Zoomer Radio today discussing enforcing municipal mask requirements in condominiums. Another guest, Carleton Grant, who is the Executive Director of Municipal Licensing and Standards at the City of Toronto, advised that By-Law enforcement officers will be conducting inspections in various apartment buildings and condominiums in the City. He noted that while the City’s ability to ticket/fine individuals within the common elements of a building may be somewhat limited, the City can and will be taking enforcement actions against the “operators of the building” if the requisite signage and policy is not in place.
While Mr. Grant did not elaborate on who the operators of a building may be, we believe, in the condominium context, it is the condominium corporation and/or management service provider. In support of this position, we note:
- Section 17(2) of the Condominium Act, 1998 requires a condominium corporation to control, manage and administer the common elements;
- Section 26 of the Condominium Act, 1998 deems the condominium corporation to be the occupier of the common elements for the purpose of determining liability resulting from a breach of the duties of an occupier of land;
- Sections 117 & 119 of the Condominium Act, 1998 obligates the condominium corporation to ensure that no person permits a condition to exist or carries on an activity in the common elements that is likely to cause injury to an individual;
- Property management contracts may obligate the property manager to actively ensure that the aforementioned requirements are being complied with; and
- The Occupational Health and Safety Act obligates a condominium corporation to maintain a safe and healthy workplace and take all necessary precautions to protect those who work on the property.
We strongly encourage all condominium corporations and management, to reach out to legal counsel immediately if the condo corporation does not have the appropriate signage and a written mask policy in place.