Show Me the Regs!
We've been dawdling at little at getting new blog posts out. This is in part because, as we've explained before (for example, here and here), the new regulations to be created under Bill 106 are where a lot of the real substance of the new law will lie, so it's imperative to know what they say in order to know better some of the things we should say when explaining the new provisions of the Act to you. Well, the regulations still aren't ready, but they are on the way.
Early in June, one of our founding partners, Michael Clifton, was invited to join with a few other Ontario condominium industry experts to meet with government staff and policy specialists to discuss some of the issues the regulations need to address in relation to condominium corporation governance. This was the first of many such meetings the government will host over the next few months with a wide array of condominium lawyers, managers, unit owners and others.
In this meeting, issues relating to corporation records, proxies, notices of meeting and other typical and mundane matters generated enough discussion to fill the whole four-hour block that was set aside for it. Sometimes the discussion was even animated and exuberant as various issues and interests were expressed, explained, argued and analyzed to help the policy makers who will write the regulations get a better sense of how the things they are imagining might play out in reality.
Unfortunately, though, we are not entitled to let you know what was actually said. The regulations are coming, but the discussions are so preliminary at this time that Ministry staff have asked all participants in these meetings to commit to saying nothing yet, in order to help avoid confusion over what the regulations will ultimately provide.
What we can tell you is what we've said to several inquirers before: it won't all happen at once. Government staff confirmed that the regulations will be released – and both the regulations and the related provisions of Bill 106 (the Protecting Condominium Owners Act, 2015) will come into force – in stages.
The precise contents of each stage are unknown, and whether it will all be in place by the end of 2017 remains an open question. We anticipate, however, that provisions relating to some of the governance issues discussed in our meeting, as well as the establishment of the Condominium Authority Tribunal, and very possibly some or all aspects of condominium manager licensing (discussed in these prior blog entries), will be among the first parts proclaimed into force. But, truthfully, it all remains to be seen.
Although the possibility of the Protecting Condominium Owners Act, 2015, taking a long time (well into 2017 and potentially later) to come into force and effect is a little disappointing, it is also comforting to see that the responsible staff and policy experts are taking that time in a sincere effort to get it done right.