Amended Emergency Order for Virtual Meetings and AGMs
On April 24, 2020, the Government of Ontario took further action to limit the spread of COVID-19 by amending the emergency order under the Emergency Management and Civil Protections Act (EMPCA) restricting public events, social gatherings, and meetings. The new amendment is retroactive to March 17, 2020 (the day the Declaration of Emergency came into effect), and is in place to support condominium corporations while continuing to keep communities safe (Schedule 4 of the Emergency Order O/ Re 107/20).
Under the Condominium Act, 1998, condominium corporations may be required by law to hold meetings during the period of declared emergency, which would not be possible under physical distancing orders issued by the government. The amendment provides clarity and flexibility so that condominium boards may conduct business while complying with the physical distancing guidelines currently in place.
Specifically, the emergency order was amended to:
- Permit corporations governed under the Co-operative Corporations Act (CCA) and the Condominium Act (Condo Act) to hold meetings virtually, notwithstanding current requirements or restrictions;
- Extend the time period in which corporations governed under the CCA and Condo Act must hold annual meetings; and
- Address additional matters related to meetings for corporations under the Corporations Act (CA), Ontario Business Corporations Act (OBCA), Condo Act, and CCA, such as the re-issuing of notices to hold a meeting virtually after a notice of meeting has already been sent, in certain circumstances, and, as applicable, the requirement to present financial statements at annual meetings within a specified period.
I would like to emphasize that that the CMRAO understands that these are exceptional circumstances and will support condominium managers who act in accordance with current government directives (including emergency orders) regarding the decisions they make and the advice they give to condominium boards during the declared emergency period.
The COVID-19 situation is constantly evolving, and the CMRAO is here to provide support to condominium communities across the province through this crisis. Condominium managers can continue to contact the CMRAO by email or phone for information during this challenging time.
Chief Executive Officer & Registrar