Winter 2021 | Vol. 4 | Issue 1
One Year Into the Pandemic
COVID-19 was officially declared a pandemic on March 11, 2020. Subsequently on March 17, 2020, the Government of Ontario issued an emergency order under the Emergency Management and Civil Protection Act, an unprecedented measure to protect the health and safety of communities across the province. The declaration identified condominium managers and administrative authorities, such as the CMRAO, as essential services. It required that these businesses and organizations put in place as many measures as possible to safeguard the well-being of their employees and the communities they serve. The CMRAO has continued providing support and services during this period, including relevant provincial updates and COVID-19 resources for condominium managers.  

The CMRAO recognizes and applauds the efforts of condominium managers and management provider businesses that played an essential role in keeping communities safe during this exceptionally challenging and constantly evolving situation.  

In May 2020, the CMRAO conducted a survey of condominium management service provider businesses seeking their input on how the emergency orders had impacted their operations and the condominium corporations that they serve. The results of this survey can be found in our resource, Reopening Ontario After COVID-19: A Guide for Condominium Managers. As we reach the one-year mark of the pandemic, management providers can expect to see another survey seeking their input on the impacts of COVID-19 on the sector. 
The CMRAO Discipline Process – What to Expect
The CMRAO has recently received inquiries about its discipline process, including questions about how a case is referred to the Discipline Committee, how the hearings process works, and when decisions are published.

The Registrar of the CMRAO is responsible for handling complaints against CMRAO licensees, as well as complaints about unlicensed condominium managers and condominium management provider businesses. In handling a complaint involving unlicensed practice, the Registrar may refer the matter to the CMRAO’s Statutory Director, who oversees investigations and prosecutes cases in provincial courts. Similarly, the Registrar can propose to suspend or revoke a licence, and the licensee can appeal that decision to the Licence Appeal Tribunal.

In making decisions about complaints, the Registrar can address the allegations in several ways, including referral to CMRAO’s Discipline Committee. Like a court or tribunal, the CMRAO’s Discipline Committee is an independent adjudicative body established under the Condominium Management Services Act, 2015 (CMSA). The Discipline Committee hears cases involving licensees referred by the Registrar of the CMRAO. The Committee serves a specific function: determining if a licensee has failed to comply with the Code of Ethics.
When the Registrar refers a matter to the Discipline Committee, they will give notice to the licensee that the matter has been referred to the Committee and will provide the licensee with a statement of allegations, outlining the conduct that led to the referral, as well as the specific sections of the Code of Ethics that the licensee is alleged to have violated. The CMRAO will also notify the Chair of the Committee of the referral.

Prior to a Discipline Committee hearing, there will normally be a pre-hearing conference, which is chaired by a member of the Committee and attended by the licensee and the prosecutor representing the Registrar. The intention of this pre-hearing conference is to:

  • discuss the details of the case on a without prejudice basis (discussions at the pre-hearing conference cannot be used against the licensee at a subsequent hearing)
  • determine if there are facts that can be agreed upon by all parties
  • identify the possibility of a settlement for the case
  • look at past cases and settlements as examples of why a proposed settlement might be reasonable
  • discuss scheduling for a hearing, if it appears a settlement will not be reached
 
If a settlement cannot be reached, then the case will proceed to a hearing. If the case is referred to a hearing, the Chair of the Discipline Committee will assign a panel of three or more committee members who will hear the case and make a decision based on law, evidence, and caselaw (past decisions made on similar CMRAO cases, cases from other regulatory authorities, and court decisions). This is done to ensure consistency and fairness with how decisions are made. The decision could include monetary penalties and/or an order to take educational courses.

Once a decision has been made, the panel will write a decision and send it to the licensee and CMRAO prosecutor. If the Committee finds that the licensee violated the Code of Ethics, then the licensee will have 30 days to appeal that decision to the Appeals Committee. If after 30 days the licensee has not appealed the Committee’s decision, then the CMRAO will publish the decision.

The CMRAO publishes decisions of the Discipline and Appeals Committees on its website, and updates the Public Registry to ensure that the public has access to information about licensees who have violated the Code of Ethics. Transparency is imperative for public protection, and through effective regulation the CMRAO helps to strengthen the condominium management profession and give consumers confidence in the people and companies that manage their important investment.
Licensing Update
Auditor General's Report
On December 7, 2020, the Office of the Auditor General of Ontario (Auditor General) released its annual report. The report included the results of a value-for-money audit focusing on condominium oversight in Ontario, and provided recommendations for the CMRAO in several key areas. 
 
Since operations began in 2017, the CMRAO has worked to establish itself as a modern regulator. The CMRAO is committed to ensuring the integrity of our mandatory licensing program, and to refining our regulatory approach. The Auditor General’s recommendations are consistent with the CMRAO’s strategic direction and will help to enhance our existing processes. 
CMRAO Milestones
The CMRAO has accomplished many milestones in its short history. Since the organization began operations in 2017, the CMRAO has worked diligently to fulfill its mandate as set out in the Condominium Management Services Act, 2015. From establishing effective compliance activities to developing new education requirements, the CMRAO continues to strengthen the framework to protect consumers in Ontario’s rapidly expanding condominium sector.

Watch this short video and learn more about the work we do:
Condominium Manager Future Education Requirements Webinar
The CMRAO hosted the Future Education Requirements for Condominium Managers webinar on October 22, 2020, with Ali Arlani, CEO and Registrar, and Sandy Vizely, Deputy Registrar. The webinar outlined the new changes to condominium manager education and answered questions about the upcoming transition.

There were 285 registrants, of which 201 attended. The webinar provided an overview of the curriculum roadmap and course blueprints developed by the CMRAO and industry stakeholders. Although the webinar was geared to licensed condominium managers, the public webinar was an opportunity for anyone interested in CMRAO’s future education requirements to learn more and ask questions. The webinar presentation and a recording of the webinar are now available on the CMRAO website.

Key takeaways included: 

  • the transition to the future education requirements as set out in legislation
  • the current education requirements compared to future education requirements
  • the work the CMRAO has completed to prepare for the transition
  • the provisions outlined in the transition plan
Complaints
The CMRAO handles complaints by conducting inspections and investigations, assisting in issues resolution, holding discipline hearings, and taking corrective actions. What follows is a summary of the complaints received over the last year. This is information the CMRAO is sharing about the work we do to protect consumers and regulate Ontario’s rapidly growing condominium management sector.
Suggestion Well Received!
The CMRAO appreciates suggestions and feedback from condominium managers, industry stakeholders, and all members of the public, and always welcomes suggestions for story ideas and topics.

We received a suggestion from W. McMillan, who sent us the following:
I would like your Quarterly to address the matter of using the CMRAO designation. For example, my condominium manager has a Limited Licence. However, his correspondence reads as follows: John Brown, Property Manager, CMRAO Licence. I believe that this is misleading to the owners and he should indicate that he has a Limited Licence, but is not required to disclose this under the present CMRAO rules. 

Thank you, 
W. McMillan 
This is valuable feedback and the CMRAO thanks W. McMillan for reaching out to us. The CMRAO recently published Representing Your CMRAO Licence, a blog post that should help condominium managers better understand how to clearly use the new CMRAO licence designations.
Ask the CMRAO Webinar!
Is there anything specific you would like to know about the CMRAO and its operations? Do you have a specific question about the future education requirements you would like answered? Well, here’s your chance to ask us! The CMRAO is planning an Ask the CMRAO Webinar where we will address questions that we have received from the condominium management sector. Please submit your question(s) by April 5, 2021. Once we have received enough questions, we will schedule the date for the webinar and get the answers ready. 
Learn Even More
The CMRAO's blog provides relevant, timely, and valuable information to help condominium managers better understand their role as licensed professionals. Here are some recent posts:
The CMRAO works in the public interest to build trust in condominium management services across Ontario. Handling complaints is an important part...

The CMRAO recently announced three professional designations that condominium managers and management provider businesses can use to...
Story Ideas?

If you have any ideas or topics you would like to see covered in an upcoming issue of CMRAO Quarterly, please send an email and let us know.
About this newsletter:
CMRAO Quarterly is an e-newsletter published quarterly by the CMRAO for stakeholders.
Condominium Management Regulatory Authority of Ontario (CMRAO)
Meeting Standards. Creating Trust. Building Confidence.