Reliable and timely advice for all of your condominium legal needs in Ontario.

Be the First to Know

Search by Topic

EV Charging stations: Condos must be ready to accommodate all-electric vehicles by 2035

The federal Minister of transport announced yesterday that Canada is setting a mandatory target for all new vehicles to be zero-emission by 2035.  This is accelerating Canada’s previous goal, which was set for 2040.

To meet this objective, Canada had previously set the following targets:

  • 10% of all new vehicles to be zero emission vehicles (ZEVs) by 2025;
  • 30% by 2030; and,
  • 100% by 2040.

Naturally, we expect these interim targets to change.

What’s clear is that ZEVs are coming and are here to stay. Condos must actively turn their minds to setting up the required infrastructure to accommodate this.

Process to install EV charging stations in condos

New regulation was adopted in 2018 to facilitate the installation of EV charging stations in condos.  It provided for 2 distincts scenarios:

  • When the corporation wishes to install charging stations;
  • When an owner proposes to install a station for themselves.

We summarize these two processes below, but you can read more about this in a prior blog of ours.

Due to the cost and complexity of installing the required infrastructure, most corporation will proceed with an hybrid approach, with the corporation overseeing the installation of the infrastructure and owners assuming the responsibility/cost of the installation of their actual EV station and connection to the infrastructure.

Installation by the corporation

Corporations can “unilaterally” install an electric charging station or the infrastructure on 60-day notice to owners if the following 2 conditions are met:

  • The cost of installation is not greater than 10% of the annual budgeted common expenses for the current fiscal year; AND,
  • In the reasonable opinion of the board, owners would not regard the installation of the charging station as causing a material reduction or elimination of the use or enjoyment of units or of common elements or assets of the corporation.

If both these conditions are met, the board can proceed to install the charging station 60 days after having given proper notice to owners. Owners do not get to vote on this.

If either one of these conditions is not met, the corporation must give notice to the owner of its intention to install charging stations and must specifically advise them of their right to requisition a meeting of owner to vote on the issue.   The corporation can proceed with this installation if:

  • a meeting is not requisitioned;
  • quorum is not met at a meeting if one is called; OR
  • the majority of the owners at the meeting don’t vote against the proposed installation.

Installation by owners

The 2018 regulation also provided for a process by which individual owners could apply to have an EV charging station installed for their use.  This process can be summarized as follows:

  • Owners must apply for such an installation in writing.
    • The owner is responsible to provide, at their cost, the required drawing, specifications or information pertaining to the installation but the corporation must cooperate and provide, as soon as possible, any required information, permission or authorization required by the owner to put together the application.
  • The corporation has 60 days to respond to the request (which time frame can be extended on consent).  There are very few reasons to reject such a request.
  • The owner and the corporation have 90 days to enter into a Section 98 agreement specifying who is responsible to install, maintain, insure and repair the installation as well as who owns it and who can use it.

Emission Vehicle Infrastructure Program

Natural Resources Canada had deployed a program aimed at supporting/subsidizing the implementation of EV charging infrastructures in multi-residential buildings.  Regrettably, this program closed on June 22 this year.

Let’s hope it will be renewed.


Updated: Oct. 26, 2021

Condo Jeopardy
Lawyer's Edition

Dec. 7 @ 5pm
This is default text for notification bar