Legal

June 12, 2023 Published by London and Area Chapter

Bill 91, Less Red Tape, Stronger Economy Act, 2023

From the CCI Review 2022/2023-4 May 2023 issue of the CCI London Chapter

Bill 91
An Act to enact two Acts, amend various Acts and revoke various regulations
The Hon. P. Gill Minister of Red Tape Reduction
Government Bill
1st Reading April 3, 2023
2nd Reading April 6, 2023
3rd Reading
Royal Assent
(Reprinted as amended by the Standing Committee on Justice Policy
and as reported to the Legislative Assembly May 11, 2023)
(The provisions in this bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text.

The Ministry or Red Tape Reduction has proposed an Act to modernize and update legislation to pave the way for better services, help Ontario businesses grow, and save Ontarians time. The proposed amendments in this act are reflective of modern technology, and current best practices. This Bill includes 43 Acts that will be affected.

Note: the schedule that amends the Condominium Act, 1998 is below.

SCHEDULE 7: CONDOMINIUM ACT, 1998

The Schedule amends the Condominium Act, 1998. Here are some highlights:

1. Currently, “telephonic or electronic means” is defined for the purposes of subsection 52 (1) of the Act. The definition is amended and moved to subsection 1 (1) so that it applies for the purposes of the entire Act.
2. Amendments are made to the provision setting out the content requirements with respect to a notice of a meeting of directors. (See subsection 35 (3) of the Act).
3. Amendments are made to provide that meetings of directors or of owners may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. The bylaws may limit the manner or manners by which such meetings may be held and may specify requirements that apply. A directors’ meeting held in such a manner must provide that all persons attending the meeting are able to communicate with each other simultaneously and instantaneously. An owner’s meeting held in such a manner must enable all persons entitled to attend the meeting to reasonably participate. (See subsections 35 (5) to (8) and 45 (6) to (9) of the Act).
4. An amendment is made to require a corporation’s record of owners and mortgagees to also include any prescribed information. (See subsection 46.1 (3) of the Act). iii
5. Amendments are made to provisions concerning the sending of notices to owners and mortgagees by electronic communication. Provision is also made to authorize certain by-laws with respect to sending notices by that method. (See subsections 47 (4) to (6) of the Act).
6. Amendments are made to provide that a notice of a meeting of owners is not required to specify a place of the meeting if it is to be held entirely by one or more telephonic or electronic means. (See subsection 47 (7.1) of the Act).
7. Amendments are made to provide that, at a meeting of owners, a vote by a show of hands or by a recorded vote may be conducted entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means. The by-laws may limit the method or methods by which such a vote may be conducted and may specify requirements that apply. (See subsections 52 (1.1) and (1.1.1) of the Act).
8. Certain amendments are made to the rules concerning what constitutes service of things other than notices that are required to be given to an owner or a mortgagee under the Act. (See section 54 of the Act).
9. Amendments are made to the record-keeping requirements with respect to ballots and instruments appointing a proxy for meetings of owners. (See subsection 55 (1) of the Act).
10. The Lieutenant Governor in Council is authorized to make regulations governing the giving of a notice under clause 47 (4) (c) or (5) (c) of the Act. Also, the Minister is authorized to make regulations governing transitional matters. (See subsections 177 (1) and (2) of the Act).
11. Currently, Part IV.1 (Special Rules During Emergency) of the Act provides that certain provisions of the Act are temporarily suspended and that replacement provisions, set out in the Schedule to the Act, apply during the temporary suspension period. Part IV.1 and the Schedule are repealed. The regulation extending the temporary suspension period is also revoked.

Other technical amendments are made.

The bottom line:

If approved by legislature, these proposed changes:

• allow condominium corporations to conduct virtual and electronic meeting procedures;
• facilitate the transmission of notices and other condominium documents virtually;

Note: This will also replace temporary provisions of the Act that permitted virtual meetings and are set to expire on September 30, 2023.

Note: You can review related links, including Ontario’s Regulatory Registry and view Bill 91 in its entirety as Amended by Standing Committee (PDF) here.

Watch for further updates as they are published here.

ERO number: 019-6886
Notice type: Bulletin
Posted by: Ministry of Red Tape Reduction
Bulletin posted: April 3, 2023
Last updated: April 3, 2023
Ordered for Third Reading: May 11, 2023

There are proposals in this Bill that do not have significant impact on the environment but may impact businesses. Opportunities to comment on these additional proposals are available on Ontario’s Regulatory Registry.