Ontario is proposing to implement permanent changes under the Condo Act with respect to virtual meetings and e-voting under its newly announced Less Red Tape, Stronger Economy Act, 2023, which includes 42 measures in total.
If passed, amendments would come into force on October 1, 2023, allowing condos to hold meetings of directors and owners in a hybrid manner or by one or more telephonic or electronic means. The changes would also concern how notices are sent to owners. Corporations would be able to send notices to owners by email and communicate with them electronically.
According to Bill 91, bylaws may limit how such meetings are held and specify requirements that apply. A directors’ meeting must ensure all persons attending are able to communicate with each other instantly and simultaneously. All entitled persons attending an owner’s meeting must all be able to ‘reasonably participate.’
Owners would also be able to vote electronically or in-person. A condo’s bylaws might limit the means by which votes are conducted. Other changes concern record-keeping requirements with respect to ballots and instruments appointing a proxy for meetings of owners.
Bill 91 aims to further reduce red tape. Since 2018, burden reduction initiatives have saved businesses, not-for-profit organizations, municipalities, universities and colleges, school boards and hospitals nearly $700 million in net annual regulatory compliance costs.