Legislative Newsflash: COVID-19 Modified Stage 2 and Proposed Permanent Changes to Enable Digital and Virtual Processes under the Condominium Act, 1998

The Ontario government has implemented a "Modified Step 2" phase in response to increased COVID-19 hospitalizations. This phase includes limits on social gatherings, closure of indoor amenities, and restrictions on short-term rentals. Condominiums should consult legal counsel to determine whether indoor gyms and fitness facilities must be fully closed or can remain open with conditions based on specific circumstances and compliance with the law.

Additionally, the government is proposing to make temporary legislative amendments allowing virtual meetings and voting under the Condominium Act, 1998, permanent. The proposed changes include setting default rules for virtual or hybrid meetings and allowing virtual votes and elections, unless the governing documents opt out. The Ministry of Government and Consumer Services is seeking feedback on these proposed amendments until January 21, 2022.