On April 24, 2020, the Government of Ontario amended Emergency Order O. Reg. 107/20 to address a number of issues with respect to virtual meetings and annual meetings for corporations, including condo corporations, co-operative corporations, businesses, and not-for-profits during the COVID-19 outbreak. This OBA has been working with the Ontario government to ensure there are no restrictions for virtual and annual meetings in this period.
The Emergency Order is in effect province-wide and retroactive to March 17, 2020, the day the Declaration of Emergency came into effect. The Emergency Order can be accessed here: https://files.ontario.ca/solgen-oic-meetings-for-corporations.pdf and we are advised will be available on e-laws shortly.
The Emergency Order was amended to:
- Permit corporations governed under the Co-operative Corporations Act (CCA) and Condominium Act, 1998 (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), 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.
The order applies to requirements under the CA, OBCA, CCA, and Condo Act.