New Order in Council Amends Condominium Act to Permit Meetings to Be Held by Electronic or Telephonic Means and Amends Certain Service Requirements

A new Order of the Lieutenant Governor in Council was made on April 24, 2020 pursuant to the Emergency Management and Civil Protection Act (the “Order”). The Order modifies a previous order made that related solely to the Corporations Act and the Business Corporations Act. The amendments provided by the Order include a schedule (Schedule 4) specific to condominium corporations.

Schedule 4 of the Order temporarily amends or replaces provisions of the Condominium Act, 1998 mainly related to timelines and methods of holding meetings (both Board meetings and meetings of owners). These changes are retroactive to March 17, 2020.

These changes include:

• Confirming that Board meetings can be held by electronic means (without agreement of all directors) and that notices of the meeting can be given by electronic means.

• If the deadline for a condominium corporation to hold its Annual General Meeting (“AGM”) occurs during the declared emergency (retroactive to March 17, 2020), then it will have until 90 days after the emergency is terminated to hold its meeting.

• If a condominium corporation’s last day to hold its AGM falls within the 30 days after the declared emergency, it will need to hold its AGM within 120 days of the end of the declared emergency.

• If a Notice of Meeting has already been given and the Corporation changes the time, date or place to allow the meeting to be held by telephonic or electronic means, it does not need to send a new notice of meeting. The Corporation must notify the persons permitted to attend the meeting in a manner that is reasonable under the circumstances.

• Meetings may be held by telephonic or electronic means, and an owner or mortgagee that, personally or by proxy, votes at a meeting or establishes a communications link to the meeting, is deemed to be present (personally or by proxy).

• Voting at meetings of owners may be completed by telephonic or electronic means whether or not the by-laws so permit.

• Notices or materials required to be given related to meetings of owners can be given by electronic means whether or not the owner or mortgagee have entered into an agreement to allow materials to be filed by electronic means.

[Note: A chart with the relevant changes and affected sections of the Act can be found here.]

The Order is to continue “for the duration of the emergency”. Currently the emergency is set to expire on May 12, 2020.  However, this date can be extended, if necessary.

Another Order in Council was issued on Friday evening which removed “allotment and community gardens” from the closure of recreation activities list. Condominium corporations that have community gardens can now permit them to be opened provided that the users continue to follow the recommendations and instructions of public health officials (including advice on physical distancing, cleaning and disinfecting).