Condominium Management Services Act, 2015, S.O. 2015, c. 28, Sched. 2

• Jurisdiction: Ontario

Condominium Management Services Act, 2015

S.o. 2015, chapter 28
Schedule 2

Consolidation Period: From January 1, 2023 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 7, s. 302.

CONTENTS

Part I
interpretation

Interpretation

1 (1) In this Act,

“administrative authority” means the administrative authority designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this Act; (“organisme d’application”)

“client” means a condominium corporation to which a condominium management provider or a condominium manager provides condominium management services; (“client”)

“common expenses” has the same meaning as in the Condominium Act, 1998; (“dépenses communes”)

“condominium corporation” means a “corporation” as defined in the Condominium Act, 1998; (“association condominiale”)

“condominium management provider” means a corporation, partnership, sole proprietor, association or other organization or entity that, on behalf of others and for compensation or reward or the expectation of such, provides condominium management services or holds himself, herself or itself out as such; (“fournisseur de services de gestion de condominiums”)

“condominium management services” means any of the following services provided to or on behalf of a condominium corporation:

1. Collecting or holding contributions to the common expenses or other amounts levied by, or payable to, the corporation.

2. Exercising delegated powers and duties of the corporation or its board of directors, including,

i. making payments to third parties on behalf of the corporation,

ii. negotiating or entering into contracts on behalf of the corporation, or

iii. supervising employees or contractors hired or engaged by the corporation,

but does not include an activity excluded by the regulations; (“services de gestion de condominiums”)

“condominium manager” means an individual who has the prescribed qualifications to be licensed as a condominium manager under this Act and who provides condominium management services to,

(a) a client on behalf of a condominium management provider, or

(b) a client directly, if authorized by a regulation made for the purposes of subsection 51 (3); (“gestionnaire de condominiums”)

“employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”)

“equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”)

“inspector” means the registrar or an inspector appointed under subsection 59 (2); (“inspecteur”)

“investigator” means an investigator appointed under subsection 61 (1); (“enquêteur”)

“licensee” means a condominium management provider or condominium manager who is licensed under this Act; (“titulaire de permis”, see also “agréé”)

“Minister” means the Minister of Government and Consumer Services or whatever other member of the Executive Council to whom the responsibility for the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“officer” includes,

(a) the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of a corporation,

(b) a partner or general manager and assistant general manager of a partnership, and

(c) any other individual designated as an officer by by-law or resolution of an organization or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”)

“owner” has the same meaning as in the Condominium Act, 1998; (“propriétaire”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“principal condominium manager” means the principal condominium manager designated under section 49; (“gestionnaire principal”)

“purchaser of a unit” has the same meaning as in the Condominium Act, 1998; (“acquéreur d’une partie privative”)

“regulations” means regulations made under this Act; (“règlements”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed; (“Tribunal”)

“unit” has the same meaning as in the Condominium Act, 1998. (“partie privative”) 2015, c. 28, Sched. 2, s. 1 (1); 2020, c. 14, Sched. 2, s. 1.

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.) 2015, c. 28, Sched. 2, s. 1 (2).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 1 (1, 2) - 01/01/2023

Part II
Officers

2-6 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

7 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 2, s. 79 (1) - 19/10/2021

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

8-16 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

17 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 55 - 01/07/2019

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

18-21 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

22 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 2, s. 79 (2) - 19/10/2021

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

23-30 Repealed: 2020, c. 14, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 3 - 01/01/2023

Miscellaneous

Director

31 (1) Subject to subsection (2), the following person or body shall appoint a director for the purposes of this Act and may appoint a maximum of two deputy directors:

1. The board of the administrative authority.

2. The Minister, if there is no administrative authority.

Director cannot be registrar

(2) A person appointed as the registrar or a deputy registrar under subsection 32 (1) shall not be appointed as the director or a deputy director under subsection (1).

Deputy director, duties

(3) A deputy director shall perform the duties that the director assigns and shall act as director in the director’s absence.

If more than one deputy director

(4) If more than one deputy director is appointed, only one deputy director may act as the director under subsection (3) at any one time.

Registrar

32 (1) Subject to subsection (2), the following person or body shall appoint a registrar for the purposes of this Act and may appoint a maximum of two deputy registrars:

1. The board of the administrative authority.

2. The Minister, if there is no administrative authority.

Registrar cannot be director

(2) A person appointed as the director or a deputy director under subsection 31 (1) shall not be appointed as the registrar or a deputy registrar under subsection (1).

Powers and duties of registrar

(3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act.

Same, deputy registrar

(4) A deputy registrar shall perform the duties that the registrar assigns and shall act as the registrar in the registrar’s absence.

If more than one deputy registrar

(5) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (4) at any one time.

33 Repealed: 2020, c. 14, Sched. 2, s. 4.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 2, s. 4 - 01/01/2023

PART III
Licensing

Prohibition, condominium management services

34 (1) No person shall provide condominium management services unless licensed as a condominium management provider or as a condominium manager.

Unlicensed persons

(2) A person who is not licensed as a condominium management provider or condominium manager shall not,

(a) directly or indirectly hold himself, herself or itself out as being a condominium management provider or condominium manager, respectively; or

(b) perform any of the functions of a condominium management provider or condominium manager.

Licence a requirement to bring action

(3) Except as otherwise prescribed, no action, application, arbitration or other legal proceeding shall be commenced for remuneration for services in connection with providing condominium management services unless, at the time of providing the services, the person bringing the proceeding was licensed or exempt from licensing under this Act and the proceeding may be stayed upon motion.

Exception

(4) Subsection (3) does not affect,

(a) any right of an employee, within the meaning of the Employment Standards Act, 2000 or a successor Act to it, to commence an action, application, arbitration or other legal proceeding for the recovery of wages or the enforcement of other rights provided under an employment contract, the common law or other legislation; or

(b) any right to commence an...