Director Training Overview
Given this important role, under Ontario Regulation 48/01 of the Condominium Act, 1998, all directors appointed, elected, or re-elected on or after November 1, 2017 are required to complete the training program provided by the Condominium Authority of Ontario (CAO) within six months of their appointment, election or re-election (Please see Legal Requirements for Directors below for more information).
The CAO Director Training Program is provided online and free-of charge, and is also available to condominium owners, residents, managers and the broader condominium community.
Feedback on the training has been very positive, with an average of 88% of survey respondents reporting very high satisfaction and over 95% would recommend the training.
The CAO’s Director Training Program consists of 21 short e-modules covering important topics that are relevant to condo board directors. The online modules are short, easy to follow, and include knowledge checks that provide multiple opportunities to answer correctly before moving on to new content. There is no pass/fail exam.
The modules range in length from approximately 10 to 20 minutes at audio speed. The entire training program will take between three to six hours to complete, depending on whether you listen to the audio recording or read the transcript.
Director Training Overview
Legal Requirements – Condo Director Training
Section 11.7 of Ontario Regulation 48/01 sets out the requirement for directors appointed, elected, or re-elected on or after November 1, 2017 to complete the training program provided by the CAO within six months of the date of their appointment, election or re-election.
Directors do not have to re-take the training if they completed the CAO Director Training Program within the preceding seven (7) years.
Sample scenario: A condominium owner completed the training in December 2017, and then is elected to the board for the first time in July 2019 for a three-year term, and re-elected in July 2022 for another three-year term ending July 2025. This director would not be required to take the training again during the first two terms, but would be required to take the training again if elected, re-elected or appointed to the board after the second term ends in 2025.
Please note that training courses completed through any organization other than the CAO cannot be applied to these new director training legal requirements.
Section 11.9 of Ontario Regulation 48/01 sets out that directors appointed by a developer or elected by owners to the pre-turnover board (that is controlled by the developer) are exempt from the mandatory training requirement. Once a turn-over meeting has been held, the newly elected and/or appointed directors must complete the CAO’s mandatory training within six months.
Evidence of Completion
Section 11.8 of Ontario Regulation 48/01 sets out the requirement related to evidence of completion. To fulfill this requirement, the CAO’s system maintains a permanent record of when directors have completed the online CAO Director Training Program on the “Contacts” page of the corporation’s profile.
Directors (and all other people who complete the training) can always access their electronic certificate of completion when logged in to the CAO Director Training Program. This electronic certificate of completion can be downloaded and saved as a PDF file or printed.
Legislated Deadline Missed
If a director is appointed, elected or re-elected on or after November 1, 2017, and does not complete the mandatory director training within six months of their appointment, election or re-election date, they are immediately and automatically disqualified and cease to be a director under clause 29 (2) (e) of the Actand 11.7 (1) (4) of Ontario Regulation 48/01. This means that the person:
- Can no longer attend board meetings as a member of the board.
- No longer counts towards quorum of the board.
- Cannot vote on matters before the board.
- Cannot be indemnified by the corporation against liability and costs as set out in section 38 of the Act.
- The CAO does not have the authority to extend the six-month deadline under any circumstances.
- If one or more directors who missed the mandatory training deadline transacted board business after they ceased to be director, the corporation should seek legal advice as there are many factors to consider, including whether subsection 37 (2) of the Condominium Act, 1998 regarding validity of acts by the director applies to the situation.
II. CORPORATION LEGALLY REQUIRED TO ADVISE ALL OWNERS AND THE CAO
If a director is disqualified for failing to complete the mandatory training within the deadline, the corporation must ensure that this individual and any remaining board members are aware of the consequences and must:
- File a Notice of Change with the CAO to remove the ceased director from the corporation’s profile, which will automatically update the CAO Public Registry.
- Send an Information Certificate Update, which is a mandatory condominium form, to advise all owners of the change(s) to the directors of the corporation.
III. OPTIONS FOR THE CORPORATION TO FILL ONE OR MORE VACANCIES ON THE BOARD
- If the board still has quorum, it can decide whether or not to appoint a director to fill the vacancy until an election can be held at the next annual general meeting.
- If the board no longer has quorum, the remaining directors must call and hold a meeting of the owners to elect one or more directors to serve the remaining term of the vacant position(s) within 30 days of losing the quorum.
- If all the directors on the board missed the mandatory training deadline, the corporation no longer has a board of directors and therefore an owner, who may be a former director, must call a meeting of the owners to elect a new board of directors.
IV. CAN A FORMER DIRECTOR WHO HAS BEEN DISQUALIFIED FOR FAILING TO COMPLETE THE MANDATORY DIRECTOR TRAINING SERVE ON THE CORPORATION’S BOARD AGAIN?
Yes, but only after they complete the mandatory director training to resolve the reason for disqualification from being a director under section 29(2) of the Act.
Section 11.7(4) of O. Reg. 48/01 requires that the mandatory training be completed within six months of the earlier of the day that the person is elected or appointed to the board. This means that everyone must complete the training within six months of their first appointment/election/re-election on or after November 1, 2017.
Therefore, any former director who has been disqualified for failing to complete mandatory director training within the first six-month period must first complete the training before being eligible for any subsequent appointment or election to the board.
Note: once the mandatory training is completed, directors who are subsequently appointed/elected/re-elected do not need to take the training again if the training was completed within the preceding seven years.
Director Training Overview
To complete the training, please log in to your CAO account that is associated with your condo corporation. Do not create a second account to access the training. If you do, the system will not be able to automatically track whether you have completed the training.
Please first check whether you have received an email invitation to create an account from the CAO, and if you have, follow the instructions included in the email. An email invitation is sent when a director is added by the condo corporation to the corporation’s profile through filing a Condo Return or a Notice of Change.
If you have not yet received an email invitation to create an account (you have not yet been added to a corporation’s profile through the filing of a condo return or notice of change), you can create an account now in order to start the director training. However, you will need to ensure that you use the same account when redeeming the invitation code that will be emailed to you once you have been added to the corporation’s profile. Click here for easy to follow step-by-step instructions on how to create a CAO account.
If you have any questions about creating a CAO account or the CAO’s online Director Training Program please contact the CAO at: email@example.com or please call us at 416-901-9356 in the GTA.