Regulatory proposals under the Condominium Act, 1998 and the Condominium Management Services Act, 2015
O. Reg. 48/01: General
Bill or Act:
Condominium Act, 1998 and the 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 amends the Condominium Act, 1998 ("Condominium Act") and enacts the Condominium Management Services Act, 2015 ("CMSA"). Implementation of the PCOA will take place in phases.
The Ministry of Government and Consumer Services is proposing regulations to support the designation of the Condominium Authority of Ontario (CAO) as the condominium authority under the Condominium Act and the Condominium Management Regulatory Authority of Ontario (CMRAO) as the administrative authority under the CMSA. If designated, CAO would be responsible for administering parts of the Condominium Act and managing and overseeing the Condominium Authority Tribunal. CMRAO would be responsible for administering the CMSA. The ministry is also proposing regulations to support the establishment of the Condominium Authority Tribunal under the Condominium Act, and to delegate some of the Lieutenant Governor in Council's regulation-making authority to the Minister of Government and Consumer Services under the CMSA.
The ministry received input on establishing the new administrative authorities in 2016 from two advisory groups consisting of experts in the condo sector, corporate governance, and administrative authorities. CAO and CMRAO were incorporated as not-for-profit corporations under the laws of the Province of Ontario in July 2016 and have been preparing to receive designation in summer 2017.
A more detailed description of the proposals is included in the link under "Further Information".
1. Designation of two administrative authorities (planned to come into force in mid- to late-2017)
Condominium Authority of Ontario:
• The proposed regulatory changes would designate CAO as the condominium authority for the purposes of the Condominium Act. It would also delegate the administration of certain provisions of the Condominium Act to CAO.
Condominium Management Regulatory Authority of Ontario:
• The proposed regulatory changes would designate CMRAO as the administrative authority for the purposes of the CMSA.
2. Condominium Authority Tribunal regulations (planned to come into force in fall 2017)
Scope of disputes:
• Identifying the first set of condominium disputes that the Tribunal will have jurisdiction to resolve.
Publication of orders:
• Setting out how the Tribunal will make its orders available to the public.
3. Delegation of authority for regulation-making power (planned to come into force in mid- to late-2017)
• Under the CMSA, delegating some of the Lieutenant Governor in Council's regulation-making authority to the Minister of Government and Consumer Services.
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposals by e-mail or mail.
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 24, 2017
Comments Due Date:
April 10, 2017
56 Wellesley St. W, 6th Floor, Toronto ON, M4Y 1G2