This is one of a series of newsletters that the Condominium Law Group at Fogler, Rubinoff LLP will be providing to our condominium industry contacts as changes to the Condominium Act, 1998 are implemented. We endeavour to keep our contacts and clients up to date as developments occur.
1. July 25, 2017 Announcements
On July 25, 2017, the Minister of Government and Consumer Services held an event in Toronto to announce various legislative changes to come into effect in the near future.
Much of the announcement related to previously disclosed news, such as the implementation of various Condominium Act, 1998 changes relating to:
ii. Director Qualifications and Training
We have provided previous updates on these topics as well, which are expected to come into force on November 1, 2017.
2. Condominium Returns
More actual news however arrived earlier this month, when the Ministry released draft regulations (the "Regulations") concerning various requirements for condominiums to file returns with the Registrar.
The public can comment on the Regulations until August 22, 2017. The key elements of the Regulations are as follows:
A. Types of Returns
The four types of returns and the deadlines for filing for each are as follows:
i. Annual Return -- between January 1 and March 31 of each year
ii. Initial Return – for new condominiums – within 90 days of registration
iii. Transitional Return – within 90 days of the Regulations coming into force
iv. Turn-over Return – within 90 days of the turn-over meeting
All of the returns require a long list of basic information including, but not limited to, the following:
i. Address for service, municipal address
ii. Total number of units, total number of voting units
iii. Names of directors
iv. Name and address of property management company
Each type of return also requires certain specific additional information.
B. Notice of Change
A corporation must file a Notice of Change (outlining changes in various issues) with the Registrar within 30 days of the change. The applicable changes include, but are not limited to:
i. Every change in the address for service for the corporation
ii. Every change in the electronic mail address for the corporation
iii. Every change in the property management company, or in the address for service for same
Keep in mind that the Condominium Act, 1998 itself (not the Regulations) specifically requires the Notice of Change where there is a change in directors elected or appointed to the Board.
C. Public Registry
The Regulations also set out the details of a Registry which is to be made available to the public on the Condominium Authority of Ontario's website (and possibly other means).
The Registry will contain certain information from the aforementioned returns, including, but not limited to:
i. The address for service for the corporation
ii. The municipal address for the corporation
iii. The total number of units in the corporation, and the total number of voting units
iv. The names of the directors of the corporation
v. The name and address for service of the property management company
The Regulations place some limits on the availability of the aforementioned public information including that the information is not to be made available in bulk (subject to certain exceptions) and that the person accessing the information has agreed to use the information for personal purposes only.
The Ministry has stated that the Regulations (relating to the returns) and associated Condominium Act, 1998 amendments are to come into force in early 2018.
This has been a very broad overview, and some exceptions to the foregoing may apply depending upon the circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.