Bill 91: “Less Red Tape, Stronger Economy Act” Receives Royal Assent

Bill 91, known as the “Less Red Tape, Stronger Economy Act” received royal assent on June 8, 2023. This bill amends the Condo Act to allow condominium corporations to use e-voting and conduct virtual meetings without the requirement for a by-law and permits delivery of notices by email to owners without the need for owner consent.

Although the bill is now law, the changes do not take effect until October 1, 2023, and regulation changes to conform to these new amendments are still expected. That said, until that time, these measures continue to be allowed under the pandemic related temporary measures that are currently in place, so in essence, this bill makes permanent the procedures that have already become commonplace for condo corporation operations.

A copy of the full bill and explanatory notes is available, however a summary of the major changes follows.

Virtual meetings

Both board meetings and owners’ meetings can be held by electronic means or in a hybrid manner. While the corporation’s by-laws may limit the manners in which these meetings may be held, or specify that certain requirements apply, a by-law is not required to hold virtual or hybrid meetings.

Board meetings

Virtual or hybrid directors’ meetings are allowed provided all participants are able to communicate with each other simultaneously and instantaneously (so for example, meetings via email would not be permitted). Boards will no longer require the consent of all directors for virtual or hybrid meetings.

Owners’ meetings

Virtual or hybrid owners’ meetings will be allowed, provided that all participants can “reasonably participate”. There is no definition of what “reasonable participation” entails.

Electronic voting

Owners will be able to vote electronically, in-person or by proxy. Electronic voting can include electronic ballots or voting by phone, in addition to other methods. The corporation is permitted to pass by-laws to limit the manners by which a vote may be conducted.

Notifying owners by email

Condo corporations will be able to communicate and send notices to owners electronically, unless they have a by-law specifically preventing this.