April 4, 2023

On April 3, 2023, the Ontario government introduced Bill 91, known as the “Less Red Tape, Stronger Economy Act, 2023”. The bill includes proposed amendments to the Condominium Act, 1998 that would enable condominium corporations to implement certain virtual and electronic processes, replacing the temporary legislative framework that was enacted in response to the COVID-19 pandemic and which is set to expire on September 30, 2023.

A full copy of Bill 91 and additional details can be found here.

If passed, the proposed changes would allow for the following, unless the condo’s governing documents specify otherwise:

1. Virtual Board of Director Meetings

Virtual or hybrid director meetings will be permitted so long as all attendees are able to communicate with each other simultaneously and instantly. Boards would no longer require the consent of all directors for such meetings.

2. Virtual Owner Meetings

Virtual or hybrid owner meetings will be permitted so long as all attendees are able to “reasonably participate”. (There does not appear to be a definition of what “reasonably participate” means currently).

3. Electronic voting

Condo owners will be permitted to vote electronically, in person or by proxy. A condominium corporation’s by-laws may specify how voting can take place.

4. Digital communications to owners

Condo corporations will be permitted to communicate to owners electronically, including sending notices, unless a by-law is in place preventing it.

If adopted, any of the proposed changes would be subject to a corporation’s governing documents, so any by-laws that a condominium corporation have implemented would remain valid despite the Bill 91 proposed changes.

The ministry is also proposing changes to O. Reg. 48/01 (General) under the Condo Act to support the proposed new legislative framework for virtual and electronic processes. Feedback on these proposed changes is being accepted by the Ministry until May 3, 2023 and can be provided by visiting Ontario’s Regulatory Registry here.

Wilson Blanchard will continue to monitor the status of these proposed changes and keep our clients up to date on how the changes may affect your community as additional information becomes available.

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