Condo Owners Association COA

Electronic Voting

https://www.ontario.ca/laws/statute/98c19#BK110



Meeting of Owners by Electronic Means

5 The operation of subsection 50 (2) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Determination of quorum

(2) To count towards the quorum, an owner must be entitled to vote at a meeting and shall be present at the meeting or represented by proxy.

Meeting of owners by electronic means

(2.1) Despite any by-law, a meeting of owners may be held by telephonic or electronic means, as defined in subsection 52 (1.1), and an owner or a mortgagee who, personally or by proxy, through those means, votes at the meeting or establishes a communications link to the meeting shall be deemed, for the purposes of this Act, to be present at the meeting or represented by proxy, as the case may be.

Voting by Electronic Means

6 The operation of subsection 52 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Method of voting

(1) Votes may be cast by,

(a)  a show of hands, personally or by proxy; or

(b)  a recorded vote that is,

(i)  marked on a ballot cast personally or by a proxy,

(ii)  marked on an instrument appointing a proxy, or

(iii)  indicated by telephonic or electronic means, whether or not the by-laws so permit.

Service by Electronic Means

7 The operation of section 54 of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Service

54 (1) Unless this Act indicates otherwise, anything required to be given to an owner or a mortgagee under this Act is sufficiently served if it is given in accordance with subsection 47 (4) or (5), as the case may be.

Service re meetings

(2) Despite any provision of this Act or the regulations and despite the declaration or by-laws of a corporation, anything required by this Act or the regulations to be given to an owner or a mortgagee in respect of any meeting under this Act is sufficiently served if it is given by electronic means.

Same

(3) For greater certainty, subsection (2) applies even if an owner has not entered an agreement described in clause 47 (4) (c) and even if a mortgagee has not entered an agreement described in clause 47 (5) (c).

Matters and material

(4) Despite any provision of this Act or the regulations and despite the declaration or by-laws of a corporation, any matters or material required or permitted to be placed before a meeting of owners may be placed by electronic means.

Forms

(5) For greater certainty, if a form has been specified under this Act as the form in which a document or information shall be given, the document or information shall be given in that form with any modifications necessary to reflect changes to this Act set out in the Schedule to this Act.

Definition

(6) In this section,

“electronic means” means any means that uses any electronic or other technological means to transmit information or data, including fax, e-mail, computer or computer networks.

2020, c. 7, Sched. 5, s. 2.

Section Amendments with date in force (d/m/y)
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