This is one of a series of newsletters that the Condominium Law Group at Fogler, Rubinoff LLP will be providing to our condominium industry contacts as changes to the Condominium Act, 1998 are implemented. We endeavour to keep our contacts and clients up to date as developments occur.
On June 12, 2017, the Ontario government released various details about the condominium legislation updates. Here, we will provide you with a summary of some of the details and a few initial comments.
A. Regulations Finalized
The first phase of Condominium Act regulations have been finalized. These are available on the e-laws website: e-laws website.
There are various changes from the draft regulations released in February 2017. We have not yet reviewed in great detail and may have further comments at a later date as to any significant developments in this regard.
B. Effective Date of Condominium Act Changes
The government advises that 'most' Condominium Act changes will come into force on November 1, 2017.
It is unclear if this means 'most' of the Condominium Act changes in general, or if this is limited to the four areas of the first phase of regulations. If you recall, the first phase of regulations addressed the following areas:
I. Communications
II. Director Qualifications and Training
III. Meetings
IV. Records
C. Condominium Management Services Act ("CMSA")
The licensing provisions of the CMSA are to come into effect on November 1, 2017.
The remainder of the CMSA is to come into effect on February 1, 2018.
D. Tribunal and Administrative Authorities
The initial regulation regarding the Condominium Authority Tribunal has been finalized, authorizing the Tribunal to hear certain types of condominium disputes. For now, this primarily means disputes related to records requests.
The Condominium Authority of Ontario (CAO) will be officially designated for the purposes of the Condominium Act on September 1, 2017. The Condominium Management Regulatory Authority of Ontario (CMRAO) will be officially designated for the purposes of the CMSA on November 1, 2017.
E. Other
Forms for the Condominium Act should be released in the near future, as will a set of plain language guides and fact sheets.
Details of education and other requirements for condominium managers should be released shortly as well.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.