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Ontario amends emergency order for condo meetings

Wednesday, April 29, 2020

Last week, the Ontario government took further action to support corporations, including condominium corporations, co-operative corporations, business corporations, and not-for-profit corporations during the COVID-19 outbreak with amendments to Ontario Regulation 107/20 (the “Emergency Order”).

According to the Condominium Authority of Ontario (CAO), the emergency order is in effect province-wide and retroactive to March 17, 2020 (for example, the day the Declaration of Emergency came into effect) and can be accessed by clicking here.

Regarding the effect on condo corporations, the emergency order was amended to add clarity and assist the condo community during the COVID-19 pandemic by:

  1. Permitting corporations governed under the Co-operative Corporations Act (CCA) and the Condominium Act (Condo Act) to hold meetings virtually, notwithstanding current requirements or restrictions;
  2. Extending the time period in which corporations governed under the CCA and Condo Act must hold annual meetings; and
  3. Addressing 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.

This includes annual general meetings, turn-over meetings, owner requisitioned meetings, or any other owners’ meeting.

“I would like to emphasize 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,”Ali Arlani, CEO and registrar at CMRAO, added in a press release.

Any questions related to the emergency order can be directed to the CAO by dialing 1-844-880-5341 or emailing them at info@condoauthorityontario.ca.

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