Obligation of Licensees to Cooperate with Inspections
Conducting inspections is an important way for CMRAO to ensure compliance with the Condominium Management Services Act, 2015 (CMSA). The Registrar can appoint an inspector to deal with a complaint made against a licensee, to ensure compliance with the CMSA, or to ensure that a licensee remains entitled to a licence.
The CMSA gives inspectors the power to:
- Enter and inspect the business premises of the licensee or the condominium building managed by the licensee
- Access valuables, money, documents and records
- Make reasonable inquiries of any person, orally and in writing
- Require a person to produce a document or record
- Use a data storage, processing or retrieval device or system in order to produce information
- Remove or copy documents
In addition to the summary of obligations of licensees, which can be found on our website here, we would like to remind licensees that it is their obligation to cooperate with the inspection process. Cooperation can include attending and providing information during an interview with an inspector, producing documents to the inspector, or providing the inspector with assistance in obtaining documents or records from a computer system.
According to section 60 of the CMSA an inspector can make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the inspection. This provision allows inspectors to interview witnesses, whether they are licensees or non-licensees. In addition, no person shall obstruct an inspector or withhold any documents that may be relevant to the inspection.
Refusing to cooperate with an inspector, for example by refusing to attend an interview or failing to respond to requests for information from the inspector, may be considered obstruction and may result in the Registrar taking action against the licensee.
For more information about our complaints process, please visit our website here.