

Cost
(3)The corporation shall pay the cost of the performance audit and it shall form part of the
corporation’s budget for the year following the registration of the declaration and description.
1998, c. 19, s. 44 (3).
Purpose
(4)The person who conducts the performance audit shall determine whether there are any
deficiencies in the performance of the common elements described in the description after
construction has been completed on them that,
(a) may give rise to a claim for payment out of the guarantee fund under section 14 of the
Ontario New Home Warranties Plan Act
to the corporation; or
(b) subject to the regulations made under this Act, would give rise to a claim described in
clause (a) if the property of the corporation were subject to that Act. 1998, c. 19,
s. 44 (4).
Duties
(5)In making the determination, the person who conducts the performance audit shall,
(a) inspect the major components of the buildings on the property which, subject to the
regulations made under this Act, include the foundation, parking garage, wall
construction, air and vapour barriers, windows, doors, elevators, roofing, mechanical
system, electrical system, fire protection system and all other components that are
prescribed;
(b) subject to the regulations made under this Act, inspect the landscaped areas of the
property;
(c) review all final reports on inspections that the Corporation within the meaning of the
Ontario New Home Warranties Plan Act
requires be carried out on the common
elements; and
(d) conduct a survey of the owners of the corporation as to what evidence, if any, they
have seen of,
(i) damage to the units that may have been caused by defects in the common
elements, and
(ii) defects in the common elements that may cause damage to the units. 1998, c. 19,
s. 44 (5).
Powers for audit
(6)The person who conducts a performance audit may, for the purpose of the audit,
(a) enter onto the property at any reasonable time either alone or accompanied with any
expert that the person considers necessary for the audit;
(b) require any person to produce any drawings, specifications or information that may on
reasonable grounds be relevant to the audit;
(c) make all examinations, tests or inquiries that may on reasonable grounds be relevant to
the audit; and