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October 22, 2021 - By Elia Associates

Covid-19 Bulletin No.46: Ontario Extends Deadlines For Virtual Meetings And Electronic Voting

The Ontario government has extended the deadline for condominium corporations to hold meetings virtually. The previous deadline of December 31, 2021, has now been changed to September 30, 2022.

While the changes do not extend the timeframe to hold AGMs, it does allow for virtual meetings and electronic voting to continue without a by-law in place. This extension also expands to owners’ meetings and board meetings.

Virtual Meetings & Electronic Voting

Condominiums will be able to hold their AGMs by electronic means, regardless of whether the corporation has in place a by-law authorizing it (this also extends to requisition meetings). Owners will be able to cast their vote by electronic means regardless of whether the condominium has a by-law in place authorizing the same. Owners can still choose to submit their vote via a paper proxy, should they wish to do so.

Electronic Notice to Owners

Condominiums will be able to continue notifying owners of upcoming meetings via electronic mail, regardless of whether an owner has entered into an agreement with the condominium permitting electronic communication or not. All documents that are usually placed before owners at a meeting, including but not limited to, financial statements, prior AGM minutes etc., will be able to be provided to owners via electronic mail in the AGM package.

Board Meetings

Board members can continue to hold their board meetings virtually and notice of same can be sent via electronic mail.

Virtual Meeting & Electronic Voting By-law

While the deadline for holding a virtual meeting has been extended, it is still recommended that condominium boards implement a by-law permitting both virtual meetings and electronic voting. Pursuant to section 14 of Ontario Regulation 48/01, the electronic by-law will cover the process of owners attending meetings. Adopting a virtual meeting and electronic voting by-law is required now more than ever. Such a by-law will allow the condominium to hold owners’ meetings for the duration of the pandemic but it will also provide owners with more flexibility after restrictions ease and the pandemic eventually comes to an end.

As we have seen since the beginning of the pandemic, virtual meetings have increased owner participation as they allow busy professionals, those who are travelling and those with limited mobility to easily participate in the meeting from the comfort of their home. As for e-voting, it offers more flexibility, allowing owners to easily vote and provides the condominium with instantaneous and reliable voting results.

If you have any questions, or if you require assistance with drafting a virtual meeting and electronic voting by-law, please do not hesitate to contact anyone on our team:

Richard Elia

1-866-446-0811 ext. 801

richard@elia.org

Patricia Elia

1-866-446-0811 ext. 802

patricia@elia.org

Antoni Casalinuovo

1-866-446-0811 ext. 808

acasalinuovo@elia.org

Ashley Winberg

1-866-446-0811 ext. 806

awinberg@elia.org

Megan Molloy

1-866-446-0811 ext. 805

mmolloy@elia.org

Victor Yee

1-866-446-0811 ext. 810

vyee@elia.org

Jonathan Wright

1-866-446-0811 ext. 603

jwright@elia.org

Julia White

1-866-446-0811 ext. 824

jwhite@elia.org

 

All of the information contained in this article is of a general nature for informational purposes only and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this article is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.