discipline committee

CMRAO looks to fill discipline committee seats

Thursday, January 18, 2018

Industry insiders and outsiders alike have a chance to put their names forward for seats on discipline and appeals committees that will hear complaints about license holders in the condo management sector. The Condominium Management Regulatory Authority of Ontario (CMRAO), which was set up to oversee the sector under new legislation, said in postings on its website that it will be accepting applications for the positions until Feb. 16.

The Condominium Management Services Act introduced mandatory licensing for both condo managers and condo management companies, who have until Jan. 29 to file an application to keep operating as such. Regulations under the new legislation will establish a professional code of ethics as well as complaints and discipline procedures effective Feb. 1. The section of the new legislation that empowers the CMRAO’s registrar to refer complaints about license holders to a discipline committee is scheduled to come into force the same day.

Sitting in panels of three or more, members of the discipline committee will be tasked with evaluating allegations that license holders have violated the code of ethics after weighing the evidence. Panels will have a range of ways to protect the public in cases where they determine a violation has occurred, including requiring the license holder to pay a fine or complete more education. Both the person who filed the complaint and the license holder who faced the complaint will have the ability to appeal a discipline committee panel order.

Sitting in panels of three or more, members of the discipline appeals committee will be tasked with measuring the fairness of orders made by discipline committee panels against the evidence. Panels of the discipline appeals committee will have the ability to uphold, alter or overturn the original order, or issue an alternative order, in written decisions with reasons.

Members of both committees, who will have to pledge to carry out their job objectively in oaths of office and respect confidentiality requirements, will receive guidance from an independent legal counsel on following policies and procedures during hearings.

The CMRAO said it will be selecting at least five people to sit on each committee for renewable terms of up to three years. Committee members will be compensated at a rate of $50 per hour and be expected to meet on an as-needed basis for orientation and hearings.

Condo managers, including designated principal condo managers, and directors and officers of condo management companies are eligible to apply for seats, but one seat on each committee is reserved for a member of the public who has not served in any of those roles or been an employee or shareholder of a condo management company.

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