On April 24, 2020, the Government of Ontario took further action to support corporations, including condo corporations, co-operative corporations, businesses, and not-for-profits during the COVID-19 outbreak with amendments to Emergency Order O. Reg. 107/20.
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 will be available on e-laws shortly.
The Emergency Order was amended to:
1) 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;
2) Extend the time period in which corporations governed under the CCA and Condo Act must hold annual meetings; and
3) 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.
Questions related to Emergency Order O. Reg. 107/20 can be directed to Victoria Walker, Manager, Policy and Business Law Unit at Victoria.Walker@ontario.ca.
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