New Requirements for Condo Managers
Currently, there are no minimum requirements in Ontario for providing condominium management services as a condominium manager or condominium management provider. However, during the recent review of the Condominium Act, 1998, the province was urged to set clear, mandatory standards to ensure a reasonable level of competence and integrity for condo managers and condominium management providers.
In response to these recommendations, the government introduced the Protecting Condominium Owners Act which included a new Act, the Condominium Management Services Act, 2015 (CMSA). According to the Ontario government website, the CMSA and associated regulations would provide for:
- a compulsory licensing system for condo managers and condominium management providers
- training and education requirements for condominium managers
- a code of ethics for licensees
- regulation of the conduct of licensees
If designated as the administrative authority under the CMSA by the Government, the CMRAO will be responsible for administering the CMSA. Regulations would, among other things, set out requirements to apply for a licence, a code of ethics for licensees, and provisions governing the conduct of licensees, which will set out training and education requirements for condo managers, as well as a compulsory licensing system and code of ethics for Ontario’s condo managers and condo management service providers. There will also be a process for responding to complaints regarding condo managers and condo management providers.
The Ministry of Government and Consumer Services has developed the first draft regulation to support the implementation of the CMSA. According to the Ontario government, the proposed General Regulation is focused on two key areas (targeted to come into force on in 2017):
- Licensing, and Transition
- The licensing and transition aspects of the proposed General Regulation address:
- Two-stage licensing;
- Application requirements;
- Educational requirements;
- Conditions of a licence;
- Exemptions from licensing; and
- Regulation of Licensees
- The remaining aspects of the proposed regulation address:
- Content of licence;
- Proof of licence;
- Retention of business records;
- Transfer of client condominium corporation records; and
- Public information on licensees.
The regulation has been posted to the Ontario Regulatory Registry, and was closed for comments on February 24, 2017.
Proposed New Condo Manager Qualifications
The Condominium Management Services Act, 2015 (CMSA) will authorize the development of regulations which will set specific qualifications to be a licensed manager. The process for obtaining a licence would be largely set out in these regulations.
The regulations will also establish any transition periods for condo managers to comply with the new licensing requirements.
Based on the current draft regulations, it is anticipated that the educational courses and exams developed by the Association of Condominium Managers of Ontario (ACMO) will be deemed by the Minister as part of the condominium manager licensing process during a transition period. The draft regulation indicates that during the transition period, to qualify for a General Licence, individuals will require more than two years of work experience as a condominium manager and:
Be a member in good standing with ACMO and have ACMO’s Registered Condominium Manager (RCM) designation; or
Have successfully completed the following four courses developed by ACMO:
Physical Building Management
Financial Planning for Condominium Managers
Condominium Administration and Human Relations
ACMO is, and will remain, separate and distinct from the CMRAO. ACMO has been an independent association within the condominium community and has been active since 1977. The CMRAO is a newly established not-for-profit corporation, which, upon designation by the Minister of Government and Consumer Services later in 2017, will be tasked with regulating the condominium management sector of Ontario.