Canada: The Amended Ontario Condominium Act - What To Expect

Last Updated: September 29 2017
Article by Shawn Pulver

The Manager Licensing Procedure

November 1st is just around the corner and with it comes the mandatory licensing of condominium managers across the province through the Condominium Management Regulatory Authority of Ontario (CMRAO). In light of this, I'm focusing my continuing series on what this new administrative body is, the new requirements it'll be implementing and what actions will be required for new and existing condo managers.

Condo Management Regulatory Authority of Ontario (CMRAO)

As of November 1, 2017, every condo manager across Ontario will need to become licensed by the CMRAO. This administrative authority will be working closely with the Condominium Authority of Ontario to help improve the overall regulation of the condominium industry, and will be specifically responsible for the administration of the Condominium Management Services Act, 2015 (CMSA).

In addition to implementing and overseeing a mandatory licensing system for all Ontario condominium managers and condominium management service providers, the CMRAO will offer online services and information for condominium owners, regulatory oversight, and establish training and education requirements for condominium managers. It will also be charged with enforcing compliance with the CMSA and responding to complaints from the public about any of its licensees.

New requirements for Condominium Managers

As it currently stands, there are no minimum requirements in Ontario to provide condo management services. As a way of ensuring a consistent standard of reasonable competency and integrity, the province has enacted the CMSA. It will be under this Act that the mandatory licensing system for condominium managers will be established.

So what does this mean?

On November 1, 2017, existing managers will receive what is called a Deemed Transition License. This license will be valid for 90 days (or until January 29, 2018), after which point, you will not be able to legally provide condominium management services without having received a "real" license.

In order to obtain a "real" license, an application must be submitted online through the CMRAO website. In order to submit an application, you will need to create an account with CMRAO and pay an application fee, expected to be $150. Once your application is approved, you will be instructed to login to the system to pay your annual license fee, after which CMRAO will email your license to you.

What type of license should you apply for?

1 - General License

This license is for those who have two or more years of condo management experience and have completed the educational requirements of the Association of Condominium Managers of Ontario (ACMO).

In order to have the required experience, you must have been providing condominium services for two or more years within the previous five years AND you must have provided condominium management services within the previous 90 days of November 1, 2017.

To satisfy the education requirement, you must have successfully completed one of the following:

  • Successful completion of the four courses developed by ACMO:
  1. Condominium Law,
  2. Physical Building Management,
  3. Financial Planning for Condominium Managers, and
  4. Condominium Administration and Human Relations
  • Successful completion of ACMO's four Challenge exams (not required to complete the courses, available only if you have five years or more of condo management experience)
  • Successful completion of ACMO's Registered Condominium Manager (RCM) exam

The fee for this license will be $607/year.

2 - Transitional General License

This license is for those who have 2 years or more of condo management experience but have not yet completed the educational requirements. This license will allow you to do the same work as a General License, and can be renewed on an annual basis as long as no more than 3 years have passed since the licence was issued.

In order to have the required experience, you must have been providing condominium services for two or more years within the previous five years AND you must have provided condominium management services within the previous 90 days of November 1, 2017.

This License will provide you with up to three years to complete either of the following education requirements, which would then make you eligible to apply for a General License:

  • Successful completion of the four ACMO courses listed above
  • Successful completion of ACMO's four Challenge exams

The last day you can apply for a Transitional General License is January 29, 2018.

The fee for this license will be $607/year.

3 - Limited License

This license is for those who have less than 2 years of condo management experience within the previous five years.

As there are currently no education requirements for obtaining a limited license, a limited licensee must work under the supervision of at least one General Licensee or Transitional Licensee.

The following conditions apply to those under a limited license:

  • Must be supervised by a General Licensee or a Transitional General Licensee
  • Cannot enter into a contract or an agreement without prior approval of a Supervising Licensee
  • Cannot manage, control, or disburse more than $500 of general funds without prior approval of a Supervising Licensee
  • Cannot manage, control or disburse reserve funds
  • Cannot sign status certificates

In order to satisfy the required work experience, individuals must, within five years before submitting the application for general license, complete 2,290 hours of work experience, which include the following activities under the supervision of one or more supervising licensees:

  1. Planned and participated in meetings of the board of directors of a client;
  2. Planned and participated in meetings of owners, including at least one annual general meeting within the meaning of the Condominium Act, 1998;
  3. Participated in preparing a budget for a condominium corporation that the applicant has presented to the board of directors of a client;
  4. Interpreted financial statements for a client prepared under section 66 of the Condominium Act, 1998 and presented them to the board of directors of the client;
  5. Prepared and presented reports to the board of directors of a client; and
  6. Overseen the maintenance or repair of units, common elements within the meaning of the Condominium Act, 1998 or client assets, if any.

Once you have completed the required work experience and education, you may choose to apply for a General License. Either of the following, if completed within five years before submitting the application for a General License, would satisfy the education requirement:

  • Successful completion of the four ACMO courses listed above
  • Successful completion of ACMO's four Challenge exams

The fee for this license will be $607/year.

Condominium Management Provider License

Any corporation, sole proprietor, partnership, association or other organization that offers condominium management services will be required to obtain a condominium management provider license in order to continue providing their condominium management services beyond January 29, 2018. The fee for this license will include a $799 base fee + $350 per licensee employed by the firm.

About Mackrell International - Canada - MacDonald Sager Manis LLP is a full service business law firm in Toronto, Ontario and a member of Mackrell International. Mackrell International - Canada is comprised of four independent law firms in Alberta, British Columbia, Ontario and Quebec. Each firm is regionally based and well-connected in our communities, an advantage shared with our clients. With close relations amongst our Canadian member firms, we are committed to working with clients who have legal needs in multiple jurisdictions within Canada.

This article is intended to be an overview and is for informational purposes only.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions