Province of Ontario suspends condo AGM deadlines and permits e-meetings/voting

The news all condo corporations in Ontario have been waiting for is finally here.

On April 24, 2020, the Province amended O.Reg 107/20 under the Emergency Management and Civil Protection Act (Ontario) so that it apples to condos. The Order in Council provides as follows:

Annual General Meetings (“AGMs”)

• The deadline to hold AGMs (being six months from fiscal year-end) has been temporarily suspended.
• If the last day on which the AGM is required to be held falls during the time that the current declaration of emergency applies, the condo may hold the meeting any time before the 90th day after the declaration of emergency is terminated.
• If the last day on which the AGM is required to be held falls within the 30-day period that begins on the day after the current declaration of emergency is terminated, the condo may hold the meeting any time before the 120th day after the declaration of emergency is terminated.

Notices to Owners and Mortgagees

• Any notice which is required to be sent to an owner or mortgagee in respect of a meeting may be provided electronically regardless of whether the owner or mortgagee has entered into an agreement to receive notices in this manner.
• If a notice of meeting has been provided during the time that the current declaration of emergency applies and after the notice is provided, the date, time or place of meeting is changed to hold the meeting by telephonic or electronic means, another notice of meeting is not required to be provided, but the owners/mortgagees must be informed of the change in a manner and within a time that is reasonable in the circumstances.

Telephonic or Electronic Voting and Meetings of Owners

• Meetings of owners may be held by telephonic or electronic means regardless of whether a by-law is in place.
• Telephonic or electronic voting is permitted at a meeting of owners regardless of whether a by-law is in place.

Board Meetings

• Notice of a meeting of directors may be provided electronically.
• A meeting of directors may be held by teleconference or electronically (without the need to obtain consent of all directors) provided that the communications system allows directors to communicate concurrently.

The Order in Council is retroactive to March 17, 2020 and will continue in effect for the duration of the state of emergency.

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