By Theresa L.M. Man

Ontario Bill 91 Proposes Permanent Amendments for Corporations to Hold Virtual Meetings

The Ontario government introduced Bill 91, Less Red Tape, Stronger Economy Act, 2023 (“Bill 91”) on April 3, 2023. Bill 91 amends 37 statutes which, if passed, would pave the way for better services, help Ontario businesses grow, and save people time, according to a news release.

Some of the most notable changes brought by Bill 91 affecting the not-for-profit sector are proposed permanent amendments to the Not-for-Profit Corporations Act, 2010, the Corporations Act, and six other statutes, to generally eliminate barriers or hurdles which preclude or make it burdensome for businesses and corporations to implement certain virtual processes. In particular, these proposed changes would in part replace the temporary legislative framework for virtual processes (including virtual meetings), which was enacted in response to the COVID-19 pandemic and expires on September 30, 2023.

In this regard, the proposed changes would establish that certain corporations can hold virtual or hybrid meetings, and that voting (including elections) may be conducted virtually or in hybrid form unless the corporation’s governing documents provide otherwise. The proposed changes would also better facilitate the sending of notices or other documents by electronic means; as well as permit (but not require) affected corporations, businesses, and partnerships to store records electronically and facilitate the electronic examination of records remotely. If Bill 91 receives Royal Assent, these proposed amendments will come into force on October 1, 2023.

The government welcomes feedback on the draft proposed amendments by contacting the Ministry of Public and Business Service Delivery. The deadline to provide comments is May 3, 2023. A link to the comment form is on the Ontario Regulatory Registry webpage.

​Read the April 2023 Charity & NFP Law Update