Licensing of Condominium Managers-Who can obtain a licence to be a condominium manager? (Blog No. 4 in a Series)

Who can obtain a licence to be a condominium manager?

 The starting place is the Management Services Act.  The Management Services Act says that an applicant is entitled to a licence if the applicant meets the requirements for a licence in the Regulations (more on this below), unless:

For non-corporate applicants:  

(i) having regard to the applicant’s financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in engaging in the activities of a licensee,

(ii) the past or present conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that the applicant will not perform the activities of a licensee in accordance with law and with integrity and honesty, or

(iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for a renewal of a licence.

For corporate applicants:

 (i) having regard to its financial position or the financial position of an interested person in respect of the corporation, the applicant cannot reasonably be expected to be financially responsible in engaging in the activities of a licensee,

(ii) having regard to the financial position of its officers or directors or an interested person in respect of its officers or directors, the applicant cannot reasonably be expected to be financially responsible in engaging in the activities of a licensee,

(iii) the past or present conduct of its officers or directors or of an interested person in respect of its officers or directors or of an interested person in respect of the corporation affords reasonable grounds for belief that it will not perform the activities of a licensee in accordance with the law and with integrity and honesty, or

(iv) an officer or director of the corporation makes a false statement or provides a false statement in an application for a licence or for a renewal of a licence.

Also

  • The applicant or an interested person in respect of the applicant must not carry on activities that are (or will be if the applicant is licensed) in contravention of the Management Services Act or regulations (other than the code of ethics established under section 77 of the Management Services Act);
  • The applicant must comply with all conditions of the licence; and
  • The applicant must provide any information requested by the Registrar. [The Registrar is entitled to ask an applicant for information that is relevant to the issues noted above; and may also ask for verification of information (by way of affidavit or otherwise).]

So in summary, applicants for a licence (and their directors, officers and interested persons) (1) must provide all information required by the regulations; (2) may be asked for details of their financial circumstances (to show that they can be expected to be “financially responsible”); (3) may be asked for details of their past and present conduct (to show that they can be expected to act with “integrity and honesty”); (4) must not make false statements on their applications; and (5) must otherwise conduct themselves in compliance with the Management Services Act and regulations, and with the terms of their licence.

Note 1:  An “interested person” is essentially someone who has control over, is associated with, or otherwise has an interest in the activities of the applicant.

Note 2:  If a licence is denied, suspended or revoked, the licensee might (in some cases) have rights to a hearing – essentially to “appeal” the decision.

Requirements in the Regulations

Under the Regulations, an applicant must:

  • Be at least 18 years of age;
  • Provide their name;
  • Complete the application form;
  • Pay the application fee or renewal fee;
  • Provide a police record check if the applicant is an individual (dated within the last six months);
  • Provide proof of successful completion of any applicable education, continuing education and/or testing requirements. [See my previous blogs on the education requirements.]
  • Provide proof of completion of two years of work experience (for a general licence or transitional general licence). [See my previous blogs on the work experience requirement.]
  • (As I read the regulations) Provide proof that the applicant is employed by a licensed condominium management provider or directly by no more than three condominium corporations;
  • For condominium management providers: Provide proof of designation of a qualified principal condominium manager;
  • If the applicant (for a general licence or transitional general licence) intends to carry on business from a dwelling: Provide proof of satisfactory arrangements whereby the Registrar can have access to the applicant’s business records (when licensed);
  • Provide any other relevant information requested by the Registrar (as noted above).

Note:  In terms of the police record check, it seems to me that this is considered “standard information” to help the Registrar determine the applicant’s “integrity and honesty” – as noted above.  So, in my view, a past criminal conviction that is not relevant to the issue (ie. does not speak to a person’s “honesty or integrity”) should not be a concern.

Stay tuned to Condo Law News for more blogs about the draft regulations under the Condominium Management Services Act, 2015.