NOTICE OF RULE



TO:                 The Owners

                        Toronto Standard Condominium Corporation No. 1485



FROM:            Board of Directors





DATE:             May 17, 2018



RE:                  Toronto Standard Condominium Corporation No. 1485

                        Smoke-Free Environment

Please find enclosed a copy of Toronto Standard Condominium Corporation No. 1485’s proposed new Rule in accordance with Section 58 of the Condominium Act, 1998.



The new Rule will become effective on June 16, 2018, unless a meeting is requisitioned in accordance with Section 46 of the Condominium Act, 1998.



Pursuant to the Condominium Act, 1998 rules may only become effective at the time determined by sections 58 (7) and (8).



We enclose a copy of Sections 58 and 46 of the Condominium Act for your reference.



Owners who have leased their units are responsible to deliver these Smoke-Free Environment Rules to their tenant(s). Owners of units whose tenant(s) notify the Corporation of their intention to be grandfathered within thirty (30) days of these Smoke-Free Environment Rules being effective must also sign the tenant’s Tobacco Smoking Grandfathering Agreement.







TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1485

(the “Corporation”)



Pursuant to Section 58 of the Condominium Act, 1998



RULES REGARDING SMOKE-FREE ENVIRONMENT



WHEREAS:



a)   The Corporation has a duty to ensure compliance by owners and/or residents of units with the provisions and requirements of the Condominium Act, 1998 (the “Act”) and the Declaration; and



b)   The Board of Directors of the Corporation has the authority to pass rules governing the use and occupation of the units, consistent with the Declaration, in order to promote the safety, security and welfare of owners and of the property and the assets of the Corporation, or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and other units;



NOW THEREFORE BE IT ENACTED AS RULES, AS FOLLOWS:



Section 2, Rule # 32 and Section 14(F) Rule # 27 of the Corporation’s existing Rules are hereby repealed.
 In these Rules, “smoke” or “smoking” means to inhale, exhale, hold or otherwise have control over ignited tobacco, cannabis, or any other substance, or to vape using a vaping instrument, device or product (including but not limited to, an electronic cigarette, an electronic cigar and an electronic pipe) or any other instrument, device or device whose use generates or creates smoke and/or emits an aerosol or vapour.
Smoking is prohibited in or upon the units, including the Guest Suite Unit, common elements and exclusive use common elements of the Corporation.
Notwithstanding Rule 3 herein, any existing owner and/or resident of a unit who smokes tobacco in their unit on the date these Rules become effective shall be permitted to smoke in their unit (the “Grandfathered Smoker”) if: (i) the owner or resident of the unit who smokes provides notification, in writing, to the Corporation within thirty (30) days of these Rules being effective of their intention to continue smoking in their unit; and (ii) the owner or resident enters into the Corporation’s Tobacco Smoking Grandfathering Agreement, as provided by the Board from time to time. If the Grandfathered Smoker is a tenant, the Owner of the unit in which the tenant resides must also sign the Corporation’s Tobacco Grandfathering Agreement. In the event a Grandfathered Smoker ceases to smoke or moves out of their unit, then the Grandfathered Smoker shall cease to be considered a Grandfathered Smoker, and shall comply with Rule 3, herein.
 Notwithstanding Rule 4 herein, the Grandfathered Smoker shall be subject to and must comply with all applicable legislation and the Declaration, By-laws and Rules of the Corporation, including but not limited to, those with respect to causing a nuisance or hazard to another person and unreasonably interfering with the rights of another person to use and enjoy the units, common elements or exclusive use common elements.
Notwithstanding Rule 4 herein, no Grandfathered Smoker shall permit smoke and/or odour, including second-hand smoke, to interfere with other owners and/or residents. If the Board and/or Management determines, in their sole and absolute discretion, that smoke and/or odour is being transmitted to another unit or common element or exclusive use common element, the Board and/or Management may require the Owner of the unit from which the smoke and/or odour emanates to take whatever steps are required to rectify the problem to the satisfaction of the Board. Without limiting the generality of the foregoing, these steps could include the Grandfathered Smoker or the Owner of the unit if the Grandfathered Smoker is not the Owner, installing at their own cost and expense, adequate ventilation in their unit or the common elements, if necessary, to stop the smoke and/or odour penetration, in which case, the Grandfathered Smoker, or the Owner of the unit if the Grandfathered Smoker is not the Owner shall be required to enter into an alteration agreement with the Corporation. If the Owner of such unit fails to abate the smoke and/or odour, the Board may take such further steps it deems necessary to abate the smoke and/or odour which may include prohibiting the Grandfathered Smoker from smoking within their unit. The Grandfathered Smoker and/or Owner of the unit shall be liable to the Corporation for all expenses thereby incurred in abating the smoke and/or odour and/or enforcing the Tobacco Smoking Grandfathering Agreemen
No one shall create or permit the creation or continuation of any odour or other nuisance which, in the opinion of the Board or the Manager, does or may disturb, annoy or interfere with the comfort or quiet enjoyment of the units or common elements or exclusive use common elements by other Owners and/or Residents.
No one shall grow, cultivate, propagate or harvest any cannabis plants on any part of the Corporation’s Property, including, units, common elements and exclusive use common elements.
 No Owner and/or Resident shall permit the delivery of cannabis to a unit if such delivery is required to be handled by, or otherwise requires the involvement of, the concierge or security staff.
No person shall distribute, sell, offer for sale, expose for sale, or otherwise convey cannabis on the Corporation’s property.








DATED at Toronto this 15th day of May, 2018.











CONDOMINIUM ACT, 1998, S.O. 1998 c.19



Section 46 of the Condominium Act, 1998



Requisition for meeting



46 (1) A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the corporation

under subsection 47 (2) and are entitled to vote. 1998, c. 19, s. 46 (1).



Form of requisition



(2) The requisition shall,

(a) be in writing and be signed by the requisitionists;

(b) state the nature of the business to be presented at the meeting; and

(c) be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation. 1998, c. 19, s. 46 (2).



Same, removal of directors



(3) If the nature of the business to be presented at the meeting includes the removal of one or more of the directors, the requisition shall state, for each director who is proposed to be removed, the name of the director,

the reasons for the removal and whether the director occupies a position on the board that under subsection 51 (6) is reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 46 (3).



Duty of board



(4) Upon receiving a requisition mentioned in subsection (1), the board shall,

(a) if the requisitionists so request in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting; or

(b) otherwise call and hold a meeting of owners within 35 days. 1998, c. 19, s. 46 (4).



Non-compliance



(5) If the board does not comply with subsection (4), a requisitionist may call a meeting of owners which shall be held within 45 days of the day on which the meeting is called. 1998, c. 19, s. 46 (5).



Reimbursement of cost



(6) Upon request, the corporation shall reimburse a requisitionist who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 46 (6).



Section 58 of the Condominium Act, 1998

Rules



58 (1) The board may make, amend or repeal rules under this section respecting the use of the units, the common elements or the assets, if any, of the corporation to,

(a) promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or

(b) prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 54 (1).



Rules to be reasonable



(2) The rules shall be reasonable and consistent with this Act, the declaration and the by-laws. 1998, c. 19, s. 58 (2).



Same, proposed rules



(3) Rules proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act, the proposed declaration and the proposed by-laws. 1998, c. 19, s. 58 (3).



Inconsistent provisions



(4) If any provision in a rule or a proposed rule is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the rule or proposed rule, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 58 (4).



Amendment by owners



(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).



Notice of rule



(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a) a copy of the rule as made, amended or repealed, as the case may be;

(b) a statement of the date that the board proposes that the rule will become effective;

(c) a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d) a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).



When rule effective



(7) Subject to subsection (8), a rule is not effective until the following time:

1. If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.      the time at which a quorum is not present at the first attempt to hold the meeting, and

ii.     the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at the meeting.

2. If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day. 2015, c. 28, Sched. 1, s. 54 (3).



Same



(8) A rule or an amendment to a rule that has substantially the same purpose or effect as a rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment,

at a meeting duly called for that purpose. 1998, c. 19, s. 58 (8).



Same, proposed rule



(9) Despite subsection (7), a rule proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a rule of the corporation that takes effect in accordance with subsection (7). 1998, c. 19, s. 58 (9).



Compliance



(10) All persons bound by the rules shall comply with them and the rules may be enforced in the same manner as the by-laws. 1998, c. 19, s. 58 (10)