6 Changes to The Condo Act of Ontario You Need to Know

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As of October 1, 2023, significant changes were made to The Condo Act of Ontario through Bill 91, the Less Red Tape, Stronger Economy Act, 2023. The updates represent the changes designed to simplify business operations and further enable virtual processes for condo corporations across Ontario.

Some of the changes solidify temporary measures introduced during the COVID-19 pandemic, while others introduce new rules to enhance electronic communication and privacy protection.

Here are 6 of the changes to the Condo Act of Ontario that are now implemented.

 

 

1. Virtual & Hybrid Meetings

Condo corporations can now conduct virtual or hybrid meetings and votes without the need to pass a specific bylaw. This change, which came into effect in 2023, makes it easier for condos to hold meetings electronically, building on the practices many condos adopted during the COVID-19 pandemic. 

While virtual meetings are now standard, corporations can still choose to implement a bylaw to prioritize in-person meetings if desired.

Additionally, virtual or hybrid Board of Directors’ meetings are now officially allowed without requiring unanimous consent from all board members. Notices for electronic resident or director meetings must now include clear instructions on how to attend virtually, ensuring transparency and accessibility for all participants.

 

 

2. Electronic Delivery

As of 2023, condo owners can now receive notices electronically by default, unless a bylaw is in place to prevent it. If your condominium corporation has existing bylaws governing electronic notice delivery, they remain valid and will not be overridden by the new legislation. 

Additionally, owners no longer need to provide formal consent to receive electronic notices, streamlining the notification process for condo corporations. 

3. Opt-Out Options on Electronic Notices

Condo owners are now automatically enrolled to receive electronic notices unless they choose to opt out. This shift from an opt-in system makes electronic communication the default, while still allowing owners the flexibility to select their preferred notification method. 

If a bylaw exists that prevents electronic notices, it will continue to apply, and the opt-out option would not be available in such cases.

4. Removing or Rephrasing Certain Requirements

To help expedite digital processes, the 2023 updates to the Condo Act have removed or rephrased several restrictions around virtual operations:

• The definition of “telephonic or electronic means” has been updated and now applies throughout the entire Condominium Act, not just in one specific section.
• Part IV.1 (Special Rules During Emergency) of the Act has been removed, along with the regulation that extended the temporary suspension period.
• The Lieutenant Governor in Council now has the authority to make rules about how to give a notice and how to handle transitional matters (under certain sections of the Act).
• Amendments include transitional provisions to help condo companies adapt to the new changes.

5. Electronic Contact Information

With the 2023 changes emphasizing electronic meetings and notifications, maintaining accurate electronic contact information has become essential. 

Condo corporations are now required to keep owners’ email addresses or other virtual contact methods in their records of owners if they use electronic notice delivery. This ensures that communication remains efficient and compliant with the updated regulations.

6. Privacy Protection

Requesters are no longer permitted to access the electronic contact information held in your corporation’s record of owners. This privacy protection measure was introduced to safeguard owners’ personal information, complementing the new requirements for maintaining virtual contact details in condo records.

 

 

Need Help Navigating the New Condo Act?

Since the original Condominium Act, 1998, there have been several changes. This makes sense. As resident and staff expectations change, condo directors and policymakers must adapt. Yet, new changes can sometimes be challenging to navigate.

 

 

ICC Property Management offers comprehensive condo management services. We’ll work with your Board of Directors to help ensure a smooth transition to any new processes. We can also discuss where your bylaws may override certain legislations and why that would work best for your community.

Contact us to learn more about how we can help you manage your properties.