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The New Condo Act Has Been Adopted…. But Is Not in Force Yet

Finally! Bill 106 (an Act to amend the Ontario Condominium Act and other related legislation) passed third and final reading on December 2, 2015.  A little known fact is that it also received royal assent on December 3, 2015.

The Honourable David Orazietti (the Minister of Government and Consumer Services) was proud to introduce this key piece of legislation and to present it for a vote at its third reading:

…the proposed legislation will provide Ontario with a foundation on which to build robust requirements that will promote stronger condo governance and provide consumer protection mechanisms that will ensure the sustainment of healthy condo communities.  In the end, we want to help condo buyers make informed choices, and for condo owners to ensure that their hard-earned investment and the place they call home is well protected.

Bill 106 introduces sweeping changes to the existing Condominium Act in addition to providing for the adoption of brand new piece of legislation aimed at regulating “Property Managers” and the service of condominium management.

Consultation and parliamentary debates are over: the final wording of Bill 106 can be reviewed here. A summary of what to expect out of Bill 106 can be read in our initial blog on the topic.

The New Condo Act Is Not in Force Yet

Still, despite the fact that this legislation has received royal assent (the final step in the adoption of legislation), the legislation is not in force yet.  The modified version of the Condominium Act and the new legislation aimed at regulating condominium management services will only come into force on a day to be named by proclamation of the Lieutenant Governor.  This will give the Ontario Legislative Assembly the opportunity to develop the extensive regulation required under the “New Condo Act”.

As to when proclamation will take place is anyone’s guess. You may have noticed that the existing Condominium Act was adopted in 1998 but came into force in 2001… We still have some ways to go.

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