Will history repeat itself?
One concern I have is that Bill 106 may pass the legislature but not
all of the sections will be proclaimed at first and some may not be
proclaimed at all.
In 1979, Queens Park passed a new Condominium Act that included Sections 56 & 57.
Section 56 provided for Condominium Ontario, a non-profit organization
and provided it with start up senior staff and funds.
As an interim measure Condominium Ontario offered information, advisory
and educational services. Funding by the Ontario government ceased on
31 October 1981 and Condominium Ontario died.
Section 57 was written to give a speedy and inexpensive forum to settle
condo disputes. Condo owners would no longer have to seek relief from
the courts.
Condo owners would get their "Condo Police".
Never proclaimed
Section 58 stated that Sections 56 and 57 do not come into force until
a day to be named by proclamation of the Lieutenant Governor. That day never came.
I suspect that there was an outcry from many condo owners that they did
not want to pay a monthly fee to fund Condominium Ontario and the
government did not want to pay for it out of general revenues.
Sections 56 & 56 survived a second update of the Condominium Act
but was quietly dropped from the present Act that was passed in 1998.
Will it happen again?
I am confident that the new The Condominium Services Act 2015
(licencing property managers) will be proclaimed as there is little
opposition to that. However, I am not as sure that the new Condo
disputes tribunal will be up and running anytime soon and once again it
may fail to be proclaimed.
What Bill 106 states
Designation of condominium authority
1.1 (1) The Lieutenant Governor in Council may, by regulation,
(a) designate a not-for-profit corporation without share
capital incorporated under the laws of Ontario as the condominium
authority for the purposes of this Act; and
(b) subject to subsection (2), specify any provisions of
this Act and the regulations, except for this Part and Parts I.2 and
XIV, as the delegated provisions for the purposes of subsection (3).
Restriction
(2) The specification of provisions as the delegated
provisions that is made by a regulation made under clause (1) (b) may be restricted to specified aspects or purposes of the specified provisions.
Delegation of administration
(3) If the Lieutenant Governor in Council designates a corporation
as the condominium authority, the administration of the delegated
provisions is delegated to the authority and the authority shall carry
out the administration of the delegated provisions.
top contents
chapter
previous next