Ontario Extends Virtual Meeting Provisions to September 30, 2022
As businesses and corporations remain required to respect the measures adopted to reduce the spread of COVID-19, condo corporations will be able to continue to call and hold their meetings virtually. These provisions have been extended until September 30, 2022.
Regulation 692/21 extends the temporary suspension period established in Regulation 541/20, which set out various exceptions in place to facilitate how condominiums could conduct and hold meetings during the pandemic.
As a reminder, some of the important exceptions are as follows (the rest can be viewed by consulting the Schedule of the Condominium Act, 1998, S.O. 1998, c. 19):
Meeting of Directors
The required notice of the meeting can be sent electronically, whether or not the by-laws provide otherwise.
The meeting itself can be held virtually, whether or not all directors of the corporation consent to using such means.
Meeting of Owners
The meeting can be held virtually, whether or not there is a by-law to that effect.
Any owner or mortgagee who votes at the meeting or establishes a communications link (including by proxy) is deemed to be present at the meeting and will count towards quorum.
Any matters or material that are required or permitted to be placed before a meeting can be placed by electronic means, despite any provision, regulation, declaration, or by-law to the contrary.
Votes may be cast by telephonic or electronic means, whether or not the by-laws permit such usage.
Service re meetings
Anything required to be given in respect to a meeting will be considered sufficiently served if it is given by electronic means, whether or not an agreement has been entered into to that effect.
As mentioned, these provisions will now continue to be in force until September 30, 2022 or until they are further extended. Condominiums will thus still be able to meet their obligations during the pandemic, while ensuring the safety of their owners.
The government is still exploring whether further permanent amendments are needed in order to adapt to a more virtual world. However, in the meantime, the measures remain temporary and will be in effect until September 30, 2022.
Stay safe and stay tuned to Condo Law News to keep up to date on the latest developments on virtual meetings in Ontario!