Regulation under the Condominium Act, 1998
O.REG. 48/01: General
Bill or Act:
Condominium Act, 1998
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 condo law in over 16 years. The PCOA not only amended the Condominium Act, 1998 ("Condominium Act"), but also enacted the Condominium Management Services Act, 2015 ("CMSA"). Implementation of the PCOA will take place in phases.
The Ministry of Government and Consumer Services has developed the first phase of proposed regulatory changes to support the implementation of amendments to the Condominium Act. This phase of regulation amendments primarily addresses condo board governance. The proposal 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 input received since then.
The ministry is proposing to have many of these proposed regulatory changes, and related Condominium Act amendments, come into force on July 1, 2017. Additional details about when the changes are proposed to take effect are included below, and in the links under "Additional Information".
The first phase of proposed regulatory changes under the Condominium Act is focused on 4 areas. The proposal also includes transitional rules for the Condominium Act amendments that will be coming into force in 2017.
1. Communications (planned to come into force on July 1, 2017)
Improving communications between boards and owners, including:
Regular mandatory updates about the corporation, including its finances.
Clearer rules around the corporation's requirement to maintain a record of owners.
2. Director Qualifications & Disqualifications (planned to come into force on July 1, 2017)
Improving condo board transparency and training, including:
New requirements for mandatory director training.
New requirements for candidates for director positions and sitting directors to disclose information such as potential
3. Meetings (planned to come into force on July 1, 2017)
Improving meeting and voting procedures, including:
New notice of meeting procedures.
Establishing new mandatory proxy forms.
4. Records (planned to come into force in fall 2017)
Providing clearer rules regarding records retention and access, including:
A non-exhaustive list of records that need to be retained by each corporation and a minimum retention period for each type.
A more standardized process for records requests.
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposal by e-mail or mail. To view the proposal, please click the links under "Further Information".
The ministry is also seeking input on the regulatory proposal to support the implementation of the CMSA, which will license and regulate condominium managers and condominium management providers in Ontario. The posting closes on February 24, 2017. To view and comment on these draft regulations, please visit: http://www.ontariocanada.com/registry/view.do?postingId=23342&language=en
The ministry will begin work in 2017 on the development of future phases of regulations to support the implementation of the PCOA. The province will continue to consult with members of the public and stakeholders to gather their expertise during the development of regulations and implementation of this important legislation.
February 13, 2017
Comments Due Date:
March 30, 2017
56 Wellesley St. W, 6th Floor, Toronto ON, M4Y 1G2