Open Letter to Lisa Thompson, Minister of Government & Consumer Services

 

RE: Extending Regulatory Timelines

 

Posted on May 11, 2021

March 24, 2020

The Hon. Lisa Thompson
Minister of Government and Consumer Services
College Park, 5th Floor
777 Bay Street, 
Toronto, ON  M7A 2J3

Re: Extending Regulatory Timelines

 

Dear Minister Thompson;

Given the current COVID-19 health crisis and the difficulties physical distancing imposes on the condominium community, we are writing to request that the Ministry consider extending the timelines specified in the following provisions of the Condominium Act, 1998, O.Reg 48/01 and O.Reg 377/17.   

• Registering certificates of lien under s.85(2): “The lien expires three months after the default that gave rise to the lien occurred unless the corporation within that time registers a certificate of lien in a form prescribed by the Minister.”

• Responding to records requests under s.55:per Timeline specified in 13.3(6) of O.Reg 48/01: “The board shall determine whether the corporation will allow the requester to examine or obtain a copy of the record that the requester has requested and shall respond to the requester within 30 days in a form specified…”

• Hold requisitioned meetings under s.46(4(b): Timeline: “… otherwise call and hold a meeting of owners within 35 days.”

• Holding an annual general meeting per s.45(2): “The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation.”

• Completing director training under s.29(1): Timeline in s.11.7 (4) of OReg 48/01: “a person shall complete the training courses within six months of the earlier of the day that the person is elected or appointed to the board.” 

• Filing a performance audit with the board and Corporation under s.44(9): “Before the first anniversary of the date of registration of the declaration and description, or such other time periods following the registration of the declaration and description that are prescribed…”

• Issuing PICs, ICUs or NOICs per s. 11.1, 11.2 and 11.3 of O.Reg 48/01: Timeline: " Within 60 days after the last day of the first quarter of the corporation’s current fiscal year if this section is in force on that last day, etc…”

• Issue status certificates under s.76(3): “If there has been any change in a matter described in subclauses (2) (a) (i) to (vi), within 30 days of the change, etc….”

• File CAO information returns and remit levies under s. 6(3)(2) of O.Reg. 377/17: “The corporation shall give the status certificate within 10 days after receiving a request for it and payment of the fee charged by the corporation for it” 

• Extending the deadline of June 30, 2021 for those with transitional general licences to complete the educational requirements in order to obtain a general licence. 

We would welcome the opportunity to discuss this matter with you and/or your staff via teleconference at your earliest opportunity.

Best regards,

Paul MacDonald
Executive Director of ACMO