Regulation under the Condominium Management Services Act, 2015
Bill or Act:
Condominium Management Services Act, 2015
Summary of Proposal:
The Protecting Condominium Owners Act, 2015 ("PCOA") received royal assent on December 3, 2015, marking the first overhaul of the province's condominium law in over 16 years. The PCOA not only makes substantial amendments to the Condominium Act, 1998 ("Condominium Act"), but also enacts the Condominium Management Services Act, 2015 ("CMSA") which, once proclaimed into force, will regulate and provide for the licensing of condominium managers and condominium management providers in Ontario. Implementation of the PCOA will take place in phases.
The Ministry of Government and Consumer Services has developed the first draft regulation to support the implementation of the CMSA. The proposed General Regulation incorporates input that was received during an open and collaborative public engagement process that the government undertook from 2012-2014 as a part of the Condominium Act Review, as well as from additional input received since then.
The proposed General Regulation is focused on 2 key areas (targeted to come into force on July 1, 2017):
1. Licensing & Transition
The licensing and transition aspects of the proposed General Regulation address:
Conditions of a licence;
Exemptions from licensing; and
2. Regulation of Licensees
The remaining aspects of the proposed regulation address:
Content of licence;
Proof of licence;
Retention of business records;
Transfer of client condominium corporation records
Public information on licensees; and
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposal by e-mail or mail. To view the draft regulation as well as a plain-language summary of the key changes along with discussion questions, please click the links under "Further Information".
Additional regulation proposals relating to the CMSA, including a proposed code of ethics regulation and the appointment and processes for the discipline committee and appeals committee, will be available for public comment in early 2017 and are proposed to take effect in late 2017.
The ministry will continue to work in 2017 on the development of future phases of regulations to support the implementation of the CMSA. The province will continue to consult with members of the public and stakeholders during the development of regulations and implementation of this important legislation.
December 16, 2016
Comments Due Date:
February 24, 2017
56 Wellesley Street West, 6th Floor