Proposed Changes to the Condominium Act: Facilitating Electronic Voting and Virtual Meetings

Ontario is introducing changes to the Condominium Act (the “Act”) that will give condominium corporations increased flexibility in relation to electronic voting and virtual meetings.

These proposed changes were introduced via Bill 91: “Less Red Tape, Stronger Economy Act, 2023”. A full copy of Bill 91 can be found here.

In summary, should Bill 91 be approved by the legislature, the proposed changes would:

• Allow corporations to conduct virtual/hybrid meetings and conduct voting either virtually or in hybrid form;
• Facilitate the transmission of notices and other condominium documents virtually;
• Replace temporary provisions of the Act that permitted virtual meetings and are set to expire on September 30, 2023.

Despite these proposed changes, they will still be subject to your corporation’s governing documents if adopted. This means that any by-laws your corporation may have implemented will remain valid despite the potential changes provided for by Bill 91.

Additionally, to accompany these potential legislative changes, the Government of Ontario is proposing changes to O. Reg 48/01 (General) of the Act. These proposed changes would complement Bill 91 in its facilitation of electronic voting and virtual meetings. The Government is seeking feedback on these proposals, and is asking condominium sector stakeholders to provide feedback here.

Our firm continues to review Bill 91 in greater detail, and will provide updates as we receive them.

Stay tuned to Condo Law News to keep up to date on the latest developments on condominium law, and potential changes to the Condominium Act.