On May 12th, 2020, the Government of Ontario passed
Bill 190, which has amended the Condominium Act, 1998 (the “Act”) with a number of temporary changes to help condo communities even further during the COVID-19 pandemic.
The temporary changes are in effect province-wide and are
r etroactive to March 17, 2020, when the Declaration of Emergency was made. According to Part IV.1 of the amended Act, these changes will remain in effect for the duration of the emergency period, plus an additional 120 day transitional period following its end.The government also has the option of extending the transitional period by regulation.
The temporary changes, which are included as a
schedule, are summarized below:
Condo corporations can delay their AGM, depending on the deadline when it can be held.
1. If the deadline falls during the emergency period, the AGM can be held up to 90 days after the emergency period ends.
2. If the deadline falls up to 30 days after the emergency period ends, the AGM can be held up to 120 days after the emergency period ends.
If the deadline falls more than 30 days after the emergency period ends, the AGM must be held on or before the deadline date, and all required notices and materials (meeting notices, financial statements, etc.) must be prepared and sent to the owners.
Condo corporations can hold owners’ meetings by telephonic or electronic means, and unit owners and mortgagees will be able to attend and count towards quorum if they:
• Personally connect to the meeting, by calling in or joining an online video chat; or
• Have an individual represent them by proxy (using the proxy form) to connect to the meeting on their behalf.
Unit owners and mortgagees can also vote during owners’ meetings by telephonic or electronic means without the need for a by-law.
The Act defines “telephonic or electronic means” as any means that uses the telephone or any other electronic or other technological means to transmit information or data, including telephone calls, fax, e-mail, automated touch-tone telephone system, computer or computer networks.
Condo corporations can use electronic means to deliver meeting-related materials (e.g. meeting notices) to unit owners and mortgagees, even if there isn’t an agreement between them to allow electronic delivery.
Any materials meant to be placed before an owners’ meeting (e.g. financial statements at the AGM) can be placed by electronic means. Any forms required under the Act can be modified to reflect any temporary changes.
Section 54 of the Act was amended to define “electronic means” as any means that uses any electronic or other technological means to transmit information or data, including fax, e-mail, computer or computer networks.
If a condo corporation has already issued a Notice of Meeting for an upcoming owners’ meeting during the emergency period, they may move the meeting to be held by telephonic or electronic means, without the need to send an updated Notice of Meeting.
However, the condo corporation must inform those entitled to receive the Notice of Meeting of the change in format, in a reasonable time and manner.
Board meeting notices can be delivered by electronic means to directors, even if the condo corporation's by-laws specify otherwise. Board meetings can also be held by telephonic or electronic means without the consent of all directors.
Section 11.12 of
Ontario Regulation 48/01 defines the types of electronic communication that can be used to hold a board meeting.
Please contact us if you have any questions, by calling 1-844-880-5341 or by emailing