Background Image
Previous Page  77 / 118 Next Page
Show Menu
Previous Page 77 / 118 Next Page
Page Background

brought into contribution with each other. 1998, c. 19, s. 101 (2).

Other insurance


The corporation shall obtain and maintain,

(a) insurance against its liability resulting from a breach of duty as occupier of the

common elements or land that the corporation holds as an asset; and

(b) insurance against its liability arising from the ownership, use or operation, by or on its

behalf, of boilers, machinery, pressure vessels and motor vehicles. 1998, c. 19, s. 102.

Capacity to maintain insurance

103. (1)

Nothing in this Act shall be construed to restrict the capacity of a corporation, an

owner or any other person to obtain and maintain insurance in respect of an insurable interest.

1998, c. 19, s. 103 (1).



For the purposes of sections 99 and 102, the corporation shall be deemed to have an

insurable interest in the units and common elements. 1998, c. 19, s. 103 (2).

Disclosure by insurer


An insurer under an insurance policy required by this Act shall provide the

corporation with a certificate or memorandum of insurance declaring the coverage carried by the

corporation on behalf of all owners. 1998, c. 19, s. 104.


105. (1)

Subject to subsection (2) and (3), if an insurance policy obtained by the

corporation in accordance with this Act contains a deductible clause that limits the amount

payable by the insurer, the portion of a loss that is excluded from coverage shall be a common

expense. 1998, c. 19, s. 105 (1).

Owner’s responsibility


If an owner, a lessee of an owner or a person residing in the owner’s unit with the

permission or knowledge of the owner through an act or omission causes damage to the owner’s

unit, the amount that is the lesser of the cost of repairing the damage and the deductible limit of

the insurance policy obtained by the corporation shall be added to the common expenses payable

for the owner’s unit. 1998, c. 19, s. 105 (2).

Same, by-law


The corporation may pass a by-law to extend the circumstances in subsection (2) under

which an amount shall be added to the common expenses payable for an owner’s unit if the

damage to the unit was not caused by an act or omission of the corporation or its directors,

officers, agents or employees. 1998, c. 19, s. 105 (3).

Owner’s insurable interest


The amount payable by an owner under this section or as a result of a by-law passed

under this section constitutes an insurable interest of the owner. 1998, c. 19, s. 105 (4).

Act prevails


If any provision of an insurance policy required by section 99 or 102 or any part of


Insurance Act

conflicts with anything in this Act, the provisions of this Act apply. 1998,

c. 19, s. 106.