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Offences

137. (1)

Every corporation under this Act or any other Act and every other person who

knowingly contravenes subsection 43 (1), (3), (4), (5), (7), 55 (1) or 72 (1), section 81,

subsection 115 (1), (2), (3), (4) or (9), section 118, subsection 133 (1), section 143, subsection

147 (1), (3), 152 (1), (2) or 161 (2) or section 169 is guilty of an offence and on conviction is

liable to a fine of,

(a) not more than $100,000, if the person is a corporation within the meaning of this Act

or any other Act; or

(b) not more than $25,000, if the person is not a corporation within the meaning of this

Act or any other Act. 1998, c. 19, s. 137 (1).

Directors and officers

(2)

It is an offence for a director or officer of a corporation within the meaning of this Act

or any other Act to knowingly cause, authorize, permit, participate in or acquiesce in the

commission by the corporation of an offence mentioned in subsection (1). 1998, c. 19, s. 137 (2).

Limitation

(3)

No proceeding under this section shall be commenced after the second anniversary of

the day on which the facts upon which the proceeding is based first came to the knowledge of the

Director designated under the

Ministry of Consumer and Business Services Act

. 2006, c. 34, s. 7.

Compliance order

(4)

The court hearing the proceeding may make an order requiring a person convicted of

an offence to comply with the provisions of the Act that the person has contravened, if the court

has competent jurisdiction to make the order. 1998, c. 19, s. 137 (4).

PART X

COMMON ELEMENTS CONDOMINIUM CORPORATIONS

Creation

138. (1)

Subject to the regulations made under this Act, a declarant may register a

declaration and description that create common elements but do not divide the land into units.

1998, c. 19, s. 138 (1).

Type

(2)

The type of corporation created by the registration of a declaration and description

under subsection (1) shall be known as a common elements condominium corporation. 1998,

c. 19, s. 138 (2).

Requirements for registration

(3)

A declaration and description for a common elements condominium corporation shall

not be registered unless the registration would create a freehold condominium corporation that is

not a vacant land condominium corporation or, except as provided in the regulations made under

this Act, a phased condominium corporation. 1998, c. 19, s. 138 (3).

Application

(4)

Subject to this Part, Parts I to IX and XIV apply with necessary modifications to a

common elements condominium corporation, except that,

(a) references to a unit or a proposed unit shall be deemed to be references to a common