Unless you’ve been on vacation for the past week or so, you probably know that the Ontario government released the first draft regulation made under the Condominium Management Services Act (CMSA). The draft regulation focuses on the licensing of managers, which the Ontario government has suggested is one of its top priorities. The Act and regulations are not yet in force, but those in the know indicate that they will be phased in over the next few years.
The Ontario government released the regulations in draft format to give stakeholders an opportunity for input before the regulations are finalized. The goal is to have the final version in force on July 1, 2017. In addition, other regulations are expected to be released early this year. To review the regulations and provide feedback visit the Ontario government website: http://www.ontariocanada.com/registry/view.do?postingId=23342&language=en
The regulation includes two types of licences: a limited licence and a general licence. A limited licence gives new managers an opportunity to learn the job under the supervision of an experienced licenced manager. The limited licence manager is not able to perform certain tasks, like signing status certificates, accessing reserve funds, or enter into contracts. The goal of most managers will be to obtain a general licence. There are many requirements to get a general licence, including: a police check; holding a limited licence; passing exams; and two years experience working with a manager with a general licence.
Many people are curious about the transition period for existing managers. Once the CMSA comes into force, existing managers and management companies will have 150 days to apply for a licence. They can continue to provide services until a decision has been made. There are three types of licences for existing managers:
- limited licence (up to 2 years experience);
- transitional general licence (more than 2 years’ experience); and
- general licence (more than 2 years’ experience, and possess the RCM designation or have completed 4 mandatory courses developed by ACMO).
Like regulations for lawyers, the regulation also covers administrative issues of the licensing process, such as record keeping requirements and the registrar’s powers to deal with complaints.
This will continue to be a hot topic for 2017 so keep on the lookout for upcoming programs and articles on the amendments and regulations. I’m speaking at the ACMO Burlington Conference on February 3rd, 2017. Armand Conant will be discussing the regulations in detail during the legal panel. I hope to see you all there!