We now have the draft Regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the eighth blog in a series of blogs that I am preparing in relation to the draft Regulations.
In this Blog No. 8, I explore the following question: What information (about licensees) will be available to the public?
What information (about licensees) will be available to the public?
The Management Services Act says that the Registrar will make certain information respecting licensees available to the public – namely the names of the licensees and other information prescribed by the Regulations.
The draft Regulations contain a long list of information that is to be made available to the public, including the following:
Licensee’s Name and License Details
I The licensee’s name.
II Details about the licence, including the licence number, class of licence (in the case of a manager), date of expiration and any licence conditions.
Business Contact Information
III In the case of a management provider, the provider’s business address, email address and business phone number (if known by the Registrar) and also the name of the principal condominium manager.
IV In the case of a manager employed by a management provider, the business address, business email address and business phone number of the management provider (if known by the Registrar).
V In the case of a manager employed by a condominium corporation, the manager’s address for service, and the condominium corporation’s name (if known by the Registrar).
Licence Refusals, Revocations, Suspensions, Conditions, Cancellations, Non-Renewals
VI If applicable, the fact that the Registrar has proposed to refuse, revoke, suspend or impose conditions on the licence.
VII If applicable, the fact that the licence has been cancelled at the licensee’s request, and the date of cancellation.
VIII The names of licensees or former licensees where the Registrar has refused to renew the licence or has revoked the licence.
IX The names of licensees where the Registrar has suspended the licence.
Charges and Convictions
X Details of any offences charged (based upon information laid by an employee of the administrative authority) against a licensee, former licensee or director or officer of a management provider; and
XI Details of any conviction in relation to any such charges.
Discipline Committee Orders and Appeals Committee Orders
XII Details in relation to any Discipline Committee orders against a licensee if it was determined that the licensee contravened the Code of Ethics and if the licensee did not appeal the order.
XIII Details of any Appeals Committee orders against a licensee, if the order of the Discipline was upheld or the Appeals Committee found that the licensee contravened the Code of Ethics.
The draft regulations say that the Registrar can make other information (that becomes known to the Registrar) available to the public, if the Registrar is of the opinion that this information would protect the public. However, the draft regulations also say that information will not be made available to the public if “it is financial information relating to a person or the business of a person and the person could reasonably expect that the information be kept confidential”.
Publication Time Periods
The draft Regulations also set minimum time periods for the different items of information (listed above) to be available to the public.
Method of Publication
The draft Regulations say that the information is to be published by posting it on the administrative authority’s website and by “at least one other manner that the registrar considers appropriate”.
No Bulk Disclosure
Finally, the draft Regulations say that the information will not be disclosed in bulk to any person except as required by law or to a law enforcement agency.