The Ontario Government has announced that it will extend the provincial Declaration of Emergency under the Emergency Management and Civil Protection Act, 1990 until July 15, 2020 (the previous date was June 30, 2020).
The Province has adopted this measure to provide various entities (notably frontline care workers) with greater flexibility to ensure people’s safety as most regions across Ontario continue to gradually reopen as part of Stage 2 of the government’s Framework. While the government has expressed the hope that this could be the last extension of the state of emergency, the situation surrounding COVID-19 is ever-evolving and requires constant monitoring. Moreover, as noted in our last blog, the government had also previously extended the suspension of all limitation periods and procedural time periods under section 7.1 of the Act until September 11, 2020.
With this said, it’s important to note that, while the Declaration of Emergency has been extended until July 15th, the Province has not extended the duration of any emergency Orders as of yet. Consequently, under Regulation 106/20, the emergency Orders that are presently in effect are still due to end on June 30, 2020 (HOWEVER, these Orders could also be extended in the coming days).
What does this mean for condo meetings?
The duration and timelines for organizing and holding condominium meetings could change as a result of the extension of the Declaration of Emergency. In a previous blog, we provided our readers with different scenarios to illustrate how the provisions under Bill 190 (COVID-19 Response and Reforms to Modernize Ontario Act) could affect the timelines for holding meetings. With the Emergency now being extended until July 15, 2020, we anticipate the following changes to these timelines (assuming there are no further extensions and the Emergency ends on July 15, 2020):
- Condominium A’s Meeting was to be held by August 1, 2020. The Declared emergency ends on July 15, 2020. Condominium A would have until November 12, 2020 to hold the meeting.
- Condominium B’s Meeting was to be held by July 12, 2020. The Declared emergency ends on July 15, 2020. Condominium B would have until October 13, 2020 to hold the meeting.
- Condominium C’s Meeting was to be held by August 30, 2020. The Declared emergency ended on July 15, 2020. Condominium C would have until August 30, 2020 to hold the meeting. However, it could still be held electronically, and notice could be provided to owners electronically as it is before November 12, 2020 (120 days from the termination of the declared emergency).
- Condominium D would like to have an electronic meeting of the owners to pass a by-law (to permit electronic meetings and voting). The meeting date is set for November 25, 2020. If the declared emergency ended on July 15, 2020, the meeting could not be held electronically because the date for the meeting falls outside the 120 days after the declared emergency ended.
As noted above, the situation surrounding COVID-19 is constantly evolving, and further changes could be announced in the coming weeks. We will be sure to keep you updated!