Protecting Condominium Owners Act – Condo Manager Licencing

Protecting Condominium Owners Act – Condo Manager Licencing

This marks the last excerpt from the Ontario Governments web-site publications on this new act and what it means. To read the entire article, please click on the link at the bottom of this article.

The review of the Condominium Act heard that while most condo managers and management firms are competent, fair and honest, this is unfortunately not always the case.

Some participants complained about managers and firms that were disrespectful, unresponsive or dishonest.

Currently, Ontario has no minimum requirements for setting up a condo management firm or working as a condo manager. The Stage 2 Solutions Report urged the province to set clear, mandatory standards to ensure a reasonable level of competence and integrity.

These recommendations are addressed through the new Condominium Management Services Act, 2015 and regulations under that Act that will set out:

·         a compulsory licensing system for condo managers and management providers

·         training and education requirements for managers

·         a code of ethics for condo managers and providers

A new administrative authority, referred to here as the Licensing Authority, would administer the Condominium Management Services Act.

Licensing Authority structure

Like the Condo Authority, the Licensing Authority would be an administrative authority.

The Licensing Authority would be an independent, self-funded, not-for-profit corporation. Its employees would not be members of the Ontario Public Service.

To ensure accountability and transparency, the Licensing Authority would:

·         have an administrative agreement with the Minister

·         be required to publicly disclose certain information

·         be subject to oversight by the Auditor General

Licensing Authority funding

Ontario would provide start-up funding for the Licensing Authority.

After the initial start-up funding, the Licensing Authority would raise revenues from licensing fees collected from individual managers and management firms.

The Licensing Authority would set its own budget and fees in accordance with the processes and criteria approved by the Minister of Government and Consumer Services.

Condo manager qualifications

The Condominium Management Services Act, 2015 will authorize the regulations to set specific qualifications to be a licensed manager. The process for obtaining a condo manager licence would be largely set out in the act’s regulations.

Regulations will also determine any transition periods for condo managers to comply with the new licensing requirements.

Anyone convicted of an offence under the act could be liable to a fine of up to $50,000 or imprisonment of up to 2 years less a day. Management firms could be liable to a fine of up to $250,000. The Licence Appeal Tribunal would hear appeals against licensing decisions of the registrar.

Condo manager code of ethics

The Stage 2 report recommended a code of ethics for managers. The Condominium Management Services Act will authorize the Minister of Government and Consumer Services to establish a code of ethics through regulations.

A disciplinary committee could review alleged code of ethics violations. Its decisions could be appealed to an appeals committee.

Updated: April 22, 2016 - Published: May 27, 2015

For the full article as published by the Ontario Government, please click on the link below

 

https://www.ontario.ca/page/condominium-law-changes