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October 19, 2016 - By Patricia E. Elia

Legislative Change Update - Good News

GOOD NEWS: The Ministry plans to post the proposed Regulations on Ontario’s Regulatory Registry for public comment later this Fall….

This recent announcement by the Ontario Government is obviously a positive step since we have all been chomping at the bit to read the Regulations. The Regulations will be here in the FALL. Bill 106 is drafted in a “cast the net wide” approach. Detail was put off for the Regulations…and we know that the devil is in the detail. The Regulations are the keys that unlock the meaning of the changes to the Condominium Act, 1998 via Bill 106.  These are the details that make the reforms under Bill 106 real and meaningful.

Accordingly we at Elia Associates are curious to understand two things:

  1. How the Regulations will roll out? In one lump sum to be picked apart or in deliberate and timed release based on topics. The challenge for the Government will be, of course, to ensure that when a Regulation comes out that it addresses all the legislation that is touched by the implications of that legislation.
  2. What is the consultation process on the Regulations going to look like? After much deliberation with a variety of stakeholders and the embodiment of much “common sense” (in our opinion) (and some uncommon sense) in Bill 106, I am curious to understand the details of the review process of the Regulations and how long that will take to complete ( i.e. how many redrafts will be allowed.) The good thing about Regulations versus parts of a statute, is that the former is easier to amend in the future.

We have been impressed with the Government of Ontario’s commitment to reforming condominium legislation in the Province of Ontario. This has been an innovative and arduous task. It has not merely been an insert of a new word or two, here and there. We are talking about real structural change to bring more protection to consumers by an accessible process. We are all for cost effective and legal solutions in managing information and resolving disputes. With this announcement from the government, it promises to be another busy quarter at Elia Associates where we always do our best to think ahead and think critically. 


All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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