Proposed Order-in-Council and Regulatory Amendments Relating to the Condominium Management Services Act, 2015 and the Safety and Consumer Statutes Administration Act, 1996
O. Reg. 187/09
Regulation - LGIC
Bill or Act:
Safety and Consumer Statutes Administration Act, 1996
Summary of Proposal:
The Rebuilding Consumer Confidence Act, 2020 (RCCA) received Royal Assent in July 2020. Among other things, the RCCA amended several statutes governing administrative authorities in order to improve consistency regarding key accountability, governance and transparency requirements for most administrative authorities the government oversees. Administrative authorities are responsible for delivering critical programs and services, including ensuring that some of Ontario's consumer protection and public safety laws are applied and enforced.
The Condominium Management Regulatory Authority of Ontario (CMRAO), which is responsible for licensing and regulating condominium managers and condominium management providers in Ontario, is one of Ontario's administrative authorities. The CMRAO is currently designated under the Condominium Management Services Act, 2015 (CMSA) and subject to the requirements under that act, including accountability, governance and transparency requirements.
As part of the RCCA amendments, changes were made to the CMSA and the Safety and Consumer Statutes Administration Act, 1996 (SCSAA) to support designating the CMSA and the Condominium Management Regulatory Authority of Ontario under the SCSAA framework. Designation under the SCSAA would mean this administrative authority would be subject to the requirements for administrative authorities set out under the SCSAA and would no longer be governed under the CMSA. Designation would not change the Condominium Management Regulatory Authority of Ontario's responsibility for administering the CMSA. Unlike the CMSA, the SCSAA is 'umbrella' legislation that governs a number of administrative authorities (i.e. the Real Estate Council of Ontario, the Electrical Safety Authority, the Bereavement Authority of Ontario, the Travel Industry Council of Ontario and the Ontario Motor Vehicle Industry Council). The CMSA provisions that are duplicative of the SCSAA would be repealed.
The changes made by the RCCA to the SCSAA and the CMSA that would be specified in the proposed Order-in-Council, once in force, would reduce duplication in legislation.
The proposal would also make minor housekeeping amendments to remove outdated references to the Technical Standards and Safety Act, 2000 in O. Reg. 187/09 (General) under the SCSAA.
The proposal would not result in any changes or impacts to the Condominium Management Regulatory Authority of Ontario's mandate or operations (nor would the proposal result in any changes or impacts to the Technical Standards and Safety Authority's mandate or operations). The proposal would not have any impact on businesses or individuals in Ontario.
The Ministry welcomes your feedback and encourages anyone interested to provide comments on this proposal. You may submit your comments to the Regulatory Registry.
Analysis of Regulatory Impact:
There are no new administrative costs or compliance costs associated with this proposal. The Condominium Management Regulatory Authority of Ontario is currently subject to accountability, governance and transparency requirements in the CMSA that are also found in the SCSAA and unproclaimed amendments to it. This proposal provides an opportunity to reduce duplication in legislation and bring the CMSA under the SCSAA framework to make the CMRAO subject to the requirements of the SCSAA, like certain other administrative authorities.
September 16, 2021
Comments Due Date:
November 1, 2021
Policy and Governance Branch
Policy, Planning and Oversight Division
Ministry of Government and Consumer Services
56 Wellesley St. W., 6th Floor
Toronto ON, M7A 1C1