As our readers know, Ontario condos are allowed to hold virtual AGMs and to secure voting through electronic means pursuant to an exception in place under the Condo Act. These exceptions were initially implemented in response to the pandemic and were last set to expire on September 30, 2022.
Ontario has announced today that it has made regulatory amendments to the Condo Act to extend these measures until September 30, 2023.
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Condo corporations will continue to be able to call and hold their meetings of owners (including AGMs) by telephonic or electronic means – regardless of whether the corporation has in place a by-law authorizing it.
Owners otherwise entitled to vote will be considered present and will count towards quorum if they either:
- vote (by proxy or electronically); or,
- if they establish a communication link to the meeting.
Regardless of whether a corporation has a by-law authorizing it, owners will be able to continue to cast their vote by telephonic or electronic means – in addition to the other traditional methods, which continue to apply (including by paper proxy).
Electronic notices to owners
Corporations will be able to continue to notify their owners of upcoming meetings by email, even for owners who have not expressly entered into an agreement with the corporation permitting electronic communications.
Corporations will continue to be able to place by electronic means any document normally required to be placed before owners at AGMs (such as the Audit, the prior year’s minutes, any by-law to be voted on, etc.). In our view, “placing these documents electronically” would include being able to send them by email or uploading them onto a website where owners could see/download them.
Virtual board meetings
Boards will be able to continue to call and hold board meetings virtually, including by Zoom or phone conference, even in circumstances where not all directors consent to the meetings being held remotely.
Notice of board meetings can also continue to be given by email (at the latest email address shown on the records of the corporation – which may be challenging if the corporation does not have such an email address on records).
As indicated, these exceptions will be in force until September 30, 2023 – unless further extended.