From the desk of:

From the desk of:

Ontario Government Temporarily Approves Electronic Condo Meetings and Postponement of AGM dates

Hi there,

On Friday evening, the Ontario government approved a resolution under the Emergency Management and Civil Protection Act. The resolution temporarily amends several pieces of legislation, including the Condominium Act.

Schedule 4 to the resolution concerns the Condominium Act.

Notice by Email 

Section 35(2) of the Condominium Act (which addresses notice) has been temporarily amended to allow for electronic notice (i.e. email). This is a significant and welcome change.

No “New” Notice

If a corporation has already sent out all of their required notices, then no “new” notice is required once the AGM is re-scheduled. Owners will obviously need to be advised of the new date, but there will not be a requirement to send a new general notice of meeting.

Board of Directors Meetings by Teleconference 

The amendments also allow for board meeting to be allowed by teleconference. While some by-laws allow for this, it is a welcome decision to allow all condo boards to meet in this manner without worrying about potential non-compliance.

AGM Dates are Extended 

AGMs are normally supposed to be held within 6 months of the corporation’s fiscal year end. The resolution now extends this period to 90 days after the emergency period has been terminated.

Electronic Voting

Electronic voting will now be permitted during the emergency period, even if the corporations don’t have a by-law which permits this.

It is good to see that the Ontario government is being proactive to address these issues that are impacting the condo community.

Stay safe everyone!

This article is not intended to serve as a comprehensive treatment of the topic and is not legal advice. All legal matters are dealt with pursuant to their specific facts and circumstance. Nothing replaces retaining a qualified, competent lawyer.