Condominium Dispute Resolution Tribunal Regulation (Alta. Reg. 22/2026)

Alta. Reg. 22/2026

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 34/2026) ALBERTA REGULATION 22/2026 Condominium Property Act CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION Table of Contents 1

Definitions 2 Appointment of Chair and other members of Tribunal 3 Remuneration 4 Jurisdiction 5 Panels and quorum 6 Code of conduct 7 Powers and functions of Chair 8 Application to Tribunal 9 Dispute resolution 1 0 Application fees 1 1 Rules of practice and procedure 1 2 Adjudication decision 1 3 Protection from liability 1 4 Appeal to Court 1 5 Tribunal service fee 1 6 E x p i r y 1 7 Coming into force

Definitions 1 In this Regulation, (a) “Act” means the Condominium Property Act; (b) “Chair” means the ch air of the Tribunal. Appointment of Chair and other members of Tribunal 2(1) For the purposes of

section 68.2(1) and (2) of the Act, the Minister may appoint the Chair and other members of the Tribunal for a term of up to 3 years.

(2) Subject to subsection (3), the Chair and other members of the Tribunal appointed under subsection (1) may be reappointed for one or more subsequent terms of up to 3 years.

Section 3 AR 22/2026 CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION 2

(3) No member appointed or reappointed under this

section may serve for more than 12 consecutive years. Remuneration 3 For the purpose of

section 68.2(3) of the Act, the Chair and other members of the Tribunal are entitled to remuneration in accordance with

Schedule 1, Part A of the Committee Remuneration Order (O.C. 466/2007), as amended from time to time. Jurisdiction 4 For the purpose of

section 68.3 of the Act, the Tribunal may hear disputes related to the following: (

a) monetary sanctions imposed by a corporation under

section 35 of the Act, including whether a sanction was imposed in accordance with the Act and

Part 8.3 of the Condominium Property Regulation (AR 168/2000); (

b) access to documents req uired to be provided under sections 43.2 and 44 of the Act and

Part 1.6 of the Condominium Property Regulation (AR 168/2000); (

c) annual general meetings and special general meetings of a corporation convened under sections 30 and 30.1 of the Act. Panels and quorum 5(1) The Chair may (

a) select a member or convene a panel of members to deal with a particular matter or class or group of matters, and (

b) designate a member to chair a panel convened under clause (a).

(2) Subject to any direction from the Chair, the member selected or panel convened may perform the functions of the Tribunal for the particular matter or class or group of matters assigned to the member or panel, as applicable.

(3) A majority of the members of a panel constitutes a quorum. Code of conduct 6(1) The Chair must establish a code of conduct for the members of the Tribunal.

Section 7 AR 22/2026 CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION 3

(2) The Chair must ensure that the code of conduct is made available to the public. Powers and functions of Chair 7(1) The Chair may, in writing, delegate any of the Chair’s powers, duties or functions under the Act and this Regulation to a member of the Tribunal, subject to any restrictions or conditions the Chair considers appropriate.

(2) The Chair may, in writing, make policies that the Chair and other members of the Tribunal must follow in carrying out the Chair’s and members’ powers, functions and duties under the Act and this Regulation.

(3) The Chair must ensure that the policies made under subsection (2) are made available to the public. Application to Tribunal 8(1) For the purpose of

section 68.4 of the Act, a party to a dispute must file an application with the Tribunal within one year from the date the party making the application knew or ought to have known of the dispute.

(2) An application to the Tribunal must be in a form determined by the Chair and include the following: (

a) name of the appli cant and respondent; (

b) contact information of the applicant and respondent; (

c) a description of the dispute; (

d) any other information that the Chair considers necessary to assess the application.

(3) The Chair may refuse an application if it is in respect of a dispute that is not within the Tribunal’s jurisdiction under the Act and

section 4.

(4) The Tribunal may, at the request of a party to the dispute, dismiss an application if the Tribunal determines that the application (

a) is frivolous or vexatious, (

b) is without merit, or (

c) has been made in bad faith.

Section 9 AR 22/2026 CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION 4

(5) A dismissal made under subsection (4) must be in writing and provide reasons for the dismissal.

(6) The Tribunal must only accept an application in respect of a dispute that occurred after the coming into force of sections 68.1 to 68.9 of the Act. Dispute resolution 9(1) For the purpose of

section 68.5 of the Act, the Tribunal may resolve a dispute between an applicant and other parties by applying a dispute resolution process, including guided negotiation, mediation and adjudication, under the Act and this Regulation.

(2) For the purpose of subsection (1), the Chair may determine the dispute resolution process to apply to a dispute. Application fees 10(1) For the purpose of

section 68.5(1)(b)(iii) of the Act, the parties to a dispute must pay the following application fees: (

a) for filing an application with the Tribunal: $150, payable by the applicant; (

b) for mediation in excess of 4 hours: $150 per additional 4 hours to a maximum of $300 per day, to be split evenly between the parties; (

c) for adjudication: $350, payable by the applicant.

(2) The Chair may waive an application fee, or a portion of an application fee, to be paid to the Tribunal by a party to a dispute if, in the opinion of the Chair, the payment of the application fee, or the portion of the application fee, would cause financial hardship for the party required to pay the application fee.

(3) The Chair may request and collect information from a party to a dispute for the purpose of assessing whether, in the opinion of the Chair, the payment of an application fee, or a portion of an application fee, would cause financial hardship for the party required to pay the application fee. Rules of practice and procedure 11 For the purpose of

section 68.5(1)(

c) of the Act, proceedings before the Tribunal must be conducted according to the following rules of practice and procedure: (

a) a party before the Tribuna l may self-represent or advise the Tribunal of the party’s designated representative;

Section 12 AR 22/2026 CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION 5 (

b) a notice provided by the Tribunal to a party’s designated representative is deemed to have been provided to the party; (

c) applications and submissions made to the Tribunal must be consistent with requirements established by the Tribunal for that purpose; (

d) parties to a dispute must m ake all communications and representations directly to the Tribunal; (

e) the Tribunal must provide notice of at least 10 days to al l parties to a dispute before any proceeding in regard to the dispute is scheduled to occur; (

f) the Tribunal may adjourn or reschedule a proceeding at any time on written notice to the parties to a dispute; (

g) the Tribunal may determine the format and location of its proceedings; (

h) a member of the Tribunal a ssigned by the Chair to assist an applicant and respondent at the mediation stage of a dispute must not be assigned to hear, or to be part of a panel assigned to hear, the dispute at the adjudication stage. Adjudication decision 12(1) For the purpose of

section 68.5(2) of the Act, adjudication decisions of the Tribunal must be (

a) in writing, and (

b) signed by (

i) the member who conducted the adjudication hearing, (ii) the chair of the panel, if a panel was convened to conduct the hearing, or (iii) the Chair, if the member r eferred to in subclause (

i) or the chair of the panel referred to in subclause (ii), as applicable, is not available.

(2) Subject to subsection (3), an adjudication decision of the Tribunal must be issued within 60 days of the date of conclusion of the adjudication hearing.

(3) The Chair may grant a single extension of up to 30 days to issue an adjudication decision of the Tribunal.

Section 13 AR 22/2026 CONDOMINIUM DISPUTE RESOLUTION TRIBUNAL REGULATION 6

(4) The Tribunal may correct any typographical errors in an adjudication decision within 7 days of the issuance of the adjudication decision. Protection from liability 13 No action lies against the Tribunal, the Chair or any member of the Tribunal for anything done or omitted to be done by the Tribunal, Chair or member, as the case may be, in good faith while exercising their powers and performing their duties under the Act and this Regulation. Appeal to Court 14 For the purpose of

section 68.8 of the Act, an appeal may be made to the Court only on a question of law. Tribunal service fee 15(1) In this section, “service fee” means the annual Tribunal service fee.

(2) For the purpose of

section 68.9 of the Act, corporations must pay to the Government of Alberta a service fee to support the operating costs of the Tribunal.

(3) The service fee is $9 per unit for each unit identified in a condominium plan registered at a land titles office, as of April 1 of each year, commencing in 2026.

(4) No service fee is payable by a corporation if the certificates of title to all the units included in the condominium plan are registered in the name of the same owner or the same group of owners.

(5) The service fee must be remitted on an annual basis before December 31 of each year, commencing in 2026. Expiry 16 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2029. Coming into force 17 This Regulation comes into force on the coming into force of

section 1(39)(

i) of the Service Alberta Statutes Amendment Act, 2024. AR 22/2026 s17;34/2026

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 22/2026
Type	regulation
Volume / chapter	2026 022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2f06ca2e2971542826b404852d95c6a60dab7409

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