As part of its revamping of the Condo Act, the province is imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further detail some of these new obligations. It In this post, we discuss what we knew about the new mandatory training for directors.
New Training Requirements
The new version of section 29(2) of the Condo Act imposes on directors that they “complete the prescribed training within the prescribed time”. Now that we have in hand the draft regulations circulated by the province, we get a better idea of what this new requirement entails.
You will be disappointed to find out that we don’t know, quite yet, what will be the required courses or who can provide such courses. What we do know is that the required courses will be designated by the Condominium Authority (or by the Minister until the Authority is set up). What the required training will entail will eventually be made public by them, possibly on their web site.
What we do know is that the required training will have to be completed within 6 months of the day the person is either elected or appointed as a director. It is to be noted that the “qualification” obtained from such training will be valid for a period of 7 years.
A written confirmation that the course has been completed will have to be provided to the corporation(s) within 15 days. The Ministry (or Condominium Authority) will also have to keep a record relating to each person having completed the course.
It also to be noted that condominium corporations will be responsible to pay for all costs, charges and expenses incurred by the director in completing the course. This reimbursement will have to occur within 30 days.
When Will This New Training Obligation Start to Apply?
It is expected that the provisions relating to the required training will come into force on July 1st, 2017. This is, of course, assuming that by then we know what courses are designated as required and who is authorized to give such courses. [Since the first publication of this post, the province has advised that these requirements will not not come into force until later this fall].
What About Directors Already on Boards?
Directors who have been appointed or elected before these training obligations come into force (at a date to be proclaimed by the province) will have, at most, one year to take the required courses.
It is to be noted that directors appointed by a developer or elected by owners to the first board (the pre-turnover board, controlled by the developer) would be exempt from the training requirement, unless they are elected or appointed to the board afterwards.
The Province is Inviting Your Comments
It is to be noted that the information provided in this post is based on a draft version of the regulations proposed to be adopted pursuant to the Condominium Act. These regulations are still in draft form and subject to change.
The Ministry of Government and Consumer Services is inviting comments by March 30, 2017. Comments can be sent to :
56 Wellesley Street West, 6th Floor
Comments can also be sent by email. You should quote proposal number 17-MGCS001.
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