Virtual Meetings Provisions Extended to September 30, 2023

As our readers will know from our previous blog, the special Condominium Act provisions that permit condominium corporations to hold meetings virtually were set to expire on September 30, 2022. That deadline has now been extended to September 30, 2023.

[The extension of this deadline is now confirmed by Regulation 541/20.]

This means that even without a by-law permitting virtual meetings, condominiums can continue to call and hold directors’ and owners’ meetings virtually until September 30, 2023. That is, notices for meetings may be provided and voting may be conducted electronically, and meetings may continue to take place virtually. As a reminder, this applies to the following:

  1. Meeting of Directors
    • The required notice of the meeting can be sent electronically, even if the by-laws provide otherwise.
    • The meeting itself can be held virtually, whether or not all directors of the corporation consent to the meeting proceeding virtually.
  1. Meeting of Owners
    • Owners’ meetings 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.
  1. Voting
    • Votes may be cast by telephonic or electronic means, whether or not the by-laws permit such usage.
  1. Service in relation to 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.

There may be more changes to come, as the government is exploring possible permanent changes that recognize the use of technology in condominium operations, that so many of us have become familiar with in the past few years. We will be sure to keep you posted on any new developments.

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