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January 31, 2017 Mario D. Deo

First Draft Regulation - Condominium Management Services Act, 2015

The first draft regulation to support the implementation of the Condominium Management Services Act, 2015 (“CMSA”) has been developed by the Ministry of Government and Consumer Services and is available online at http://www.ontariocanada.com/registry/view.do?postingId=23342&language=en

The CMSA will regulate and provide for the licensing of condominium managers and condominium management providers across Ontario.  The proposed regulation focuses on licensing and training of managers and the regulation of licensees. 

The proposed regulation sets out a graduated licensing process for condominium managers.  The “Limited License” is an entry-level temporary license with certain conditions and restrictions – for instance, a limited licensee may not sign status certificates or manage, control or disburse the reserve fund account, and must receive approval by a supervisor before entering into contracts and agreements or managing, controlling or disbursing general funds.  A “General License” is required to work as a condominium manager without any restrictions. 

Those individuals currently working as property managers have 150 days after the CMSA comes into force to apply for a license.  Depending on his or her particular circumstances, the manager may apply for a limited license, transitional general license, or a general license.  A transitional general license may be renewed for a maximum of 3 years, during which time the licensee must successfully complete the education required and apply for a general license. 

The draft regulation is targeted to come into force on July 1, 2017.  Other regulations are expected to follow and to come into force in late 2017. 

We encourage condominium directors and managers to familiarize themselves with the draft regulation and to provide any comments they may have to the Ministry of Government and Consumer Services.  Comments with respect to the draft regulation are being accepted by the Ministry until February 6, 2017. 

Mario D. Deo

Mario D. Deo Partner

B.A., LL.B.

mdeo@finedeo.com
905.760.1800 x225
905.760.0050

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