Should Electronic Voting and Virtual AGMs Stay? Ontario Wants Your Opinion!

The Ministry of Government and Consumer Services seeks your opinion on whether to make permanent the changes Ontario has implemented to enable digital and virtual processes under the Condo Act.

Temporary changes implemented last year

Last May, in response to the COVID pandemic, Ontario passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020. This piece of legislation (I call it the Coming Out of Dark Ages Act) triggered a long-needed and sweeping modernization of many of Ontario’s laws.

In the Condo World, this legislation allowed for virtual meetings, electronic voting and electronic notification.  These changes were initially temporary in nature but some have since been extended to May 31,  2021.

Ontario, who is now looking into making some of these changes more permanent, is launching a one month consultation on the following three topics:

1. Virtual Meetings (and e-voting);
2. Electronic delivery of notices and documents;
3. Electronic storage and examination of records.

Questions covered by the consultation

Specifically, you will be ask to comment on the following questions:

• Should meetings of owners be allowed to be held electronically without the requirement of a by-law?

• How can the province clarify how such meetings can be called and held, how to achieve quorum and how to vote?

• Should board meetings be allowed to be held virtually without the requirement of first obtaining the unanimous consent of all directors? If consent should still remain, should the level of required consent be lowered (ie, less than unanimous; perhaps only the  majority of those participating to the meeting)?

• Should notice of board meeting be allowed to be provided electronically (without the requirement of a by-law permitting it)?

• Should corporation be permitted to serve notices to owners by email without requiring the consent of the owner?

• What changes should be implemented  with respect  to electronic service of notices on owners and mortgagees?

• Should owners be permitted to send their records requests electronically even if a corporation has not passed a resolution permitting it?

• Should corporations be permitted to serve electronic copies of requested records without requiring prior consent from the owner requesting the records?

• Are there any other changes that  could facilitate the electronic provision of, and access to, records?

Don’t  miss this opportunity to bring the Condo Industry into the 21st century!

You can  provide your input by following this link.  Your input is required before 5 pm on February 8, 2021.