News on the Condo Act

Legislative Update - CCI Working For Our Members!

Recommendations for Changes to the Draft Regulations of the Protecting Condominium Owners of Ontario Act

The following is the document submitted on behalf of all CCI Ontario chapters pertaining to Recommendations for Changes to the Draft Regulations of the Protecting Condominium Owners of Ontario Act.

We encourage you to share this document with all chapter members.

Legislative Brief

Condo Act Amendments Exciting changes are coming …are you ready?
Do you know what they are?

A Note to Our Readers (including all Condo Owners in Eastern Ontario)!

Amendments to the Condominium Act, 1998 ("the Act") have received Royal Assent, and are now waiting to be proclaimed in force. But before the amendments can be proclaimed, the province must pass new Regulations that will contain additional details contemplated by the amendments.

The Regulations will be passed in phases; and we're therefore assuming that the amendments to the Act will also be proclaimed in phases (each phase comprising sections of the Act covered by the particular phase of new Regulations).

The province has published a draft of the first phase of the new Regulations. The plain languages summary of the Regulations can be fully reviewed by clicking here.

You may also review the consolidated version of the Condo Act

The key topics covered by the First Phase are as follows:

Information Certificates (to be issued by condominium corporations)
Notices from corporations to owners and mortgagees
Required Disclosure by Directors and Director Candidates
Mandatory Training for Directors
New Procedures in relation to Meetings
Some changes to Quorum and Voting
Voting Requirements for By-laws
Record-keeping and durations
Access to records

Did you know that as the new Regulations are coming into force, two regulatory authorities have been put into place in order to support Property Managers, Boards of Directors and Condominium Owners? They are the Condominium Management Regulatory Authority of Ontario (CMRAO) www.cmrao.ca and the Condominium Authority of Ontario (CAO) www.condoauthorityontario.

When will all this be put into force? It has not yet been confirmed, but it appears that if all goes as scheduled proclamation will occur on July 1st, 2017.

Dates Announced for New Condo Law Changes

Ontario is making progress on its commitment to increase consumer protection in condos and improve how condos are run. The ministry is excited to announce a number of new protections under the amended Condominium Act (Condo Act) and the Condominium Management Services Act (CMSA) that will be taking effect this fall, and in early 2018.

New Condo Law Changes:

Condo Act – New changes to the general regulation under the Condo Act are now available on the e-laws website. These changes include increased protections for condo owners, including improvements to how condos in Ontario are governed and greater transparency and accountability of condo boards. (Please note that it may take several days before updates are added to Ontario Regulation 48/01).

Condo Authority Tribunal – A new regulation is also available on the e-laws website that supports the establishment of the Condominium Authority Tribunal. The tribunal will offer alternative dispute resolution services for certain types of disputes prescribed by this regulation.

Condo Manager Licensing - As a reminder, a new regulation regarding licensing of condo managers and management providers was previously released and is available on the e-laws website.

When Changes Take Effect:

On November 1, 2017 - Most Condo Act changes, including the new tribunal, and the licensing provisions of the CMSA will come into effect.

On February 1, 2018 – Remainder of the CMSA will come into effect.

Designation of Administrative Authorities:

On September 1, 2017 – The Condominium Authority of Ontario (CAO) will be designated as the condominium authority for purposes of the Condo Act and will become responsible for the administration of certain provisions of the Condo Act, including management and oversight of the tribunal. You can find more information on the CAO's website.

On November 1, 2017 – The Condominium Management Regulatory Authority of Ontario (CMRAO) will be designated as the administrative authority for purposes of the CMSA and will become responsible for administering the CMSA including licensing condo managers and providers. You can find more information on the CMRAO's website.

What’s Coming Next:

The ministry will be releasing in the near future:

A series of new forms under the Condo Act to make it easier for condo corporations and owners to comply with the new requirements.
A set of plain language guides and fact sheets to help Ontario’s condo community better understand the new condo law changes.
The education and exam requirements for condo managers.

The ministry will also be seeking public input on future regulations, including:

Public registry of condo corporations.
Complaints procedures, code of ethics and insurance requirements for condo managers.

The Condominium Authority of Ontario (CAO)

CAO fee amounts have been confirmed. These fees will help ensure that the CAO can provide new services and protections for condo owners in Ontario. Please visit www.condoauthorityontario.ca to view the fee summary.

CCIEO is the place to be for the newest information!

CCIEO will provide updates to its members as they come available. The amendments will be discussed and reviewed during our upcoming Seminars and Directors' Courses. Don't miss out on any of the announcements, updates and publications. Go to the CCIEO Website www.cci-easternontario.ca for our articles, upcoming events and much more!