Ontario Condo Law Changes

Ontario is in the midst of a major overhaul of its condominium legislation. Here’s some background information and current sources for staying informed.

A little legislative background

Adopting the recommendations of the Report of the Ontario Law Reform Commission on the Law of Condominium, the government enacted the province’s first Condominium Act in 1967 (S.O. 1967, c. 12). A major revision thirty years later resulted in the Condominium Act, 1998 (S.O. 1998, c. 19). The 1998 act did not come into force until May 5, 2001.

Current review and legislative changes

The current reform process began in 2012 and consisted of an 18-month 3-stage public consultation that generated 200 recommendations aimed at modernizing condo law in the province.

The resulting legislative changes, contained in the Protecting Condominium Owners Act, 2015, (S.O. 2015, c. 28, Bill 106), amend the Condominium Act, 1998, enact the new Condominium Management Services Act, 2015, and make consequential amendments to several other related acts.

There have also been substantial changes to the regulations under the Condominium Act, 1998 and new regulations have been made under the Condominium Management Services Act, 2015.

Most of these legislative changes have not yet come into force.

CAO, CAT & CMRO

In addition to the changes to the act and regulations, the government is rolling out three new administrative bodies this fall:

• The Condominium Authority of Ontario (CAO) is expected to be begin its work by September. It will provide information for condo owners and education for condo board directors. This body is also responsible for creating and maintaining a registry of all Ontario condo corporations, including board members.
• Once operational, the CAO will oversee the establishment of the Condominium Authority Tribunal (CAT) to resolve condo disputes.
• The Condominium Management Regulatory Authority of Ontario (CMRAO), which is scheduled to be operational by November, will administer a mandatory licensing system for condo managers and condo management service providers.

Selected sources for current awareness:

Government sites

• Latest Timeline for New Condo Law Changes (Ontario Ministry of Government and Consumer Services)
• Condominium law changes:  An outline of the changes to Ontario’s condo laws  (Ontario Ministry of Government and Consumer Services)

Blogs

• Condo Adviser  (Gowling WLG)
• The Bill 106 Blog (Clifton Kok LLP)