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Bill 190 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 190 and does not form part of the law.
Bill 190 has been enacted as Chapter 7 of the Statutes of Ontario, 2020.

SCHEDULE 1
Alternative Filing Methods for Business Act, 2020

The Schedule enacts the Alternative Filing Methods for Business Act, 2020. The Act permits documents required or permitted to be filed by in-person delivery or mail under certain business statutes to instead be filed by alternative methods, and permits electronic signatures and electronic copies in respect of certain documents, to address public health and safety concerns in respect of an emergency declared under the Emergency Management and Civil Protection Act.

SCHEDULE 2
Business Corporations Act

A new Part XIX is added to the Business Corporations Act to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in a new Schedule to the Act. Those provisions were previously set out in an order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act and filed as Ontario Regulation 107/20. The replacement provisions address, among other things, information that must be laid before an annual meeting; extending the time period in which a corporation must hold annual meetings in specified circumstances; the holding of meetings of shareholders and directors by telephonic or electronic means and notification requirements for meetings.

The temporary suspension period for each section of the Schedule is the period of the emergency that was declared on March 17, 2020 under the Emergency Management and Civil Protection Act and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for a particular section, a further prescribed period of time immediately following the end of the 120-day period.

These amendments to the Business Corporations Act are retroactive to March 17, 2020. Schedule 7 deems Ontario Regulation 107/20 to be revoked on the same date.

The Act is also amended to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 3
Business Names Act

The Schedule amends the Business Names Act to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 4
Commissioners for Taking Affidavits Act

The Schedule makes various amendments to the Commissioners for taking Affidavits Act, including adjusting its short title and making consequential amendments to other Acts:

   1.  Section 3 of the Act, providing authority for the Attorney General to grant specified powers respecting the administration of oaths and taking of affidavits to specified persons, is repealed. Under the new section 12.1, persons exercising powers conferred under section 3 before its repeal may continue to exercise those powers in accordance with the Act.

   2.  Section 4 of the Act is amended to remove special provision for the appointment of certain corporate officers as commissioners for taking affidavits, and to give the Attorney General the authority to, by regulations made under the Act, change the terms of appointment and renewal of appointment for commissioners.

   3.  Under subsection 4 (1.1) of the Act, the Attorney General may delegate the authority to appoint commissioners. Subsection 8 (3) is added to the Act to give the Attorney General power to delegate the authority to revoke appointments.

   4.  Section 9 of the Act is re-enacted to provide for circumstances in which a person administering an oath or declaration need not be in the physical presence of the deponent or declarant.

   5.  The regulation-making authority in section 13 of the Act, currently with the Lieutenant Governor in Council, is amended to grant certain of the regulation-making powers to the Attorney General.

SCHEDULE 5
Condominium Act, 1998

A new Part IV.1 is added to the Condominium Act, 1998 to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in a new Schedule to the Act. Those provisions were previously set out in an order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act and filed as Ontario Regulation 107/20. The replacement provisions address, among other things, extending the time period in which corporations must hold annual general meetings in specified circumstances; the holding of meetings of owners and directors by telephonic or electronic means; and notification requirements for meetings.

The temporary suspension period for each section of the Schedule is the period of the emergency that was declared on March 17, 2020 under the Emergency Management and Civil Protection Act and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for a particular section, a further prescribed period of time immediately following the end of the 120-day period.

The amendments to the Condominium Act, 1998 are retroactive to March 17, 2020. Schedule 7 deems Ontario Regulation 107/20 to be revoked on the same date.

SCHEDULE 6
Co-operative Corporations Act

The Co-operative Corporations Act is amended to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in the new Schedule to the Act. Those provisions were previously set out in an order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act and filed as Ontario Regulation 107/20. The replacement provisions address, among other things, information that must be laid before an annual meeting; extending the time period in which a co-operative corporation must hold an annual meeting in specified circumstances; the holding of meetings of members, shareholders and directors by telephonic, electronic or other means; and notification requirements for meetings.

The temporary suspension period for each section of the Schedule is the period of the emergency that was declared on March 17, 2020 under the Emergency Management and Civil Protection Act and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for a particular section, a further prescribed period of time immediately following the end of the 120-day period.

These amendments to the Co-operative Corporations Act are retroactive to March 17, 2020. Schedule 7 deems Ontario Regulation 107/20 to be revoked on the same date.

The Schedule also amends the Act to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 7
Corporations Act

A new Part VIII is added to the Corporations Act to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. The replacement provisions are set out in new Schedule 2 to the Act. Those provisions were previously set out in an order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act and filed as Ontario Regulation 107/20. The replacement provisions address, among other things, information that must be laid before an annual meeting; extending the time period in which a corporation must hold annual meetings in specified circumstances; the holding of meetings of shareholders, members and directors by telephonic or electronic means and notification requirements for meetings.

The temporary suspension period for each section of Schedule 2 is the period of the emergency that was declared on March 17, 2020 under the Emergency Management and Civil Protection Act and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for a particular section, a further prescribed period of time immediately following the end of the 120-day period.

These amendments to the Corporations Act are retroactive to March 17, 2020. Ontario Regulation 107/20 is deemed to have been revoked on the same date.

The Act is also amended to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 8
Corporations Information Act

The Schedule amends the Corporations Information Act to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 9
Education Act

Currently, the Education Act includes provisions addressing when members of a board are required to be physically present at board meetings. These provisions are repealed and related regulation-making powers are amended and enacted.

The Act also currently requires the physical attendance of the chair or designate at meetings of the Centre Jules-Léger Consortium. An exception is added providing that the requirement does not apply when an emergency order has been made.

SCHEDULE 10
Extra-Provincial Corporations Act

The Schedule amends the Extra-Provincial Corporations Act to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 11
Limited Partnerships Act

The Schedule amends the Limited Partnerships Act to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 12
MÉtis Nation of Ontario Secretariat Act, 2015

The Schedule amends section 4 of the Métis Nation of Ontario Secretariat Act, 2015 to provide that the election of councillors scheduled to be held in 2020 may be held up to 90 days after the end of the emergency declared on March 17, 2020 under the Emergency Management and Civil Protection Act.

SCHEDULE 13
Notaries Act

The Schedule makes various amendments to the Notaries Act:

   1.  Section 2 of the Act is amended in the first instance to change the conditions for appointment and reappointment. In the second instance, section 2 is repealed and replaced in order to provide that the requirements a person must meet to be appointed a notary public be specified by regulations made under the Act; section 8 of the Act is amended to give that regulation-making authority, along with certain other regulation-making authorities, to the Attorney General.

   2.  Sections 3 and 4 of the Act are repealed, and a new section 3 is re-enacted, to restate the powers of a notary public. Subsection 3 (3) provides for circumstances in which a notary public need not be in the physical presence of the person with respect to whom the notary public is exercising his or her powers.

   3.  Section 5 of the Act is amended to give the Attorney General the authority to, by regulation, change the terms of appointment and reappointment for notaries public.

   4.  Under subsection 1 (2) of the Act, the Attorney General may delegate the authority to appoint notaries public. Subsection 7 (4) is added to the Act to give the Attorney General a power to delegate the authority to revoke appointments.

   5.  Numerous amendments are made to the Act to provide that it applies to persons licensed under the Law Society Act to provide legal services in Ontario in the same way as it applies to persons licensed under that Act to practise law in Ontario.

SCHEDULE 14
Not-For-Profit Corporations Act, 2010

The Schedule amends the Not-for-Profit Corporations Act, 2010 to permit for electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020.

SCHEDULE 15
Succession Law Reform Act

Section 51 of the Succession Law Reform Act is amended to provide that certain designations of a person to receive a benefit payable under a plan on the participant’s death may be provided electronically. A consequential amendment is made to the Pension Benefits Act.

Bill 190 2020

An Act to enact one Act and amend various Acts in respect of COVID-19 and to make other amendments

CONTENTS

 

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Alternative Filing Methods for Business Act, 2020

Schedule 2

Business Corporations Act

Schedule 3

Business Names Act

Schedule 4

Commissioners for Taking Affidavits Act

Schedule 5

Condominium Act, 1998

Schedule 6

Co-operative Corporations Act

Schedule 7

Corporations Act

Schedule 8

Corporations Information Act

Schedule 9

Education Act

Schedule 10

Extra-Provincial Corporations Act

Schedule 11

Limited Partnerships Act

Schedule 12

Métis Nation of Ontario Secretariat Act, 2015

Schedule 13

Notaries Act

Schedule 14

Not-for-Profit Corporations Act, 2010

Schedule 15

Succession Law Reform Act

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.

 

SCHEDULE 1
Alternative Filing Methods for Business Act, 2020

Purpose

1 The purpose of this Act is to permit documents required or permitted to be filed by in-person delivery or mail under certain business statutes to instead be filed by alternative methods, and to permit electronic signatures and electronic copies in respect of certain documents, to address public health and safety concerns in respect of an emergency declared under the Emergency Management and Civil Protection Act.

Interpretation

Definitions

2 (1)  In this Act,

“business statute” means,

  (a)  the Business Corporations Act,

  (b)  the Business Names Act,

  (c)  the Corporations Act,

  (d)  the Co-operative Corporations Act,

  (e)  the Corporations Information Act,

   (f)  the Extra-Provincial Corporations Act,

  (g)  the Limited Partnerships Act, or

  (h)  any other prescribed act; (“loi sur les entreprises”)

“document” means any document, including any articles, notice, declaration, application or any accompanying document under any business statute. (“document”)

Minister, Director or Registrar

(2)  A reference to a Minister, Director or Registrar is a reference to a Minister, Director or Registrar as defined under the applicable business statute for the purposes of that statute.

Alternative filing methods may be permitted

3 (1)  If a business statute requires or permits a document to be filed by in-person delivery or mail with the Minister, Director or Registrar, the Minister, Director or Registrar may permit a person or entity to instead file the document by a method that is specified under this Act by the Minister, Director or Registrar.

Legible electronic copy

(2)  Unless otherwise provided in the regulations or requirements under this Act, the document must be a legible electronic copy.

Electronic signature

(3)  If a document filed by a method specified under subsection (1) is required to be signed under a requirement of a business statute, it may be signed by electronic signature in accordance with the requirements for electronic signatures established by the Minister, Director or Registrar under that business statute.

Requirements

(4)  Unless otherwise provided in the regulations or requirements under this Act, the person or entity referred to in subsection (1) must comply with any requirement,

  (a)  established under this Act by the Minister, Director or Registrar; and

  (b)  under the business statute, except for a requirement under the business statute that conflicts with this Act.

Clarification

(5)  For greater certainty, a method specified under subsection (1) is an alternative to any other method under the business statute, and this Act does not prohibit using a method under the business statute.

Deemed compliance

4 (1)  Filing the document under the business statute in accordance with this Act by a method specified under subsection 3 (1) is deemed to satisfy,

  (a)  any requirement under the business statute that conflicts with this Act; and

  (b)  for greater certainty, any requirement under the business statute for an original document, two original documents or two duplicates.

Endorsement or issuance

(2)  An endorsement or issuance by the Minister, Director or Registrar under a business statute, in respect of a document filed under the business statute by a method specified under this Act, is deemed to comply with a business statute’s requirements for endorsement or issuance if it complies, with necessary modifications, with all the requirements of the business statute other than any requirements respecting originals, duplicates, number of documents, method of delivery and similar requirements.

Conflict

5 If there is a conflict between this Act, a specification for the purpose of subsection 3 (1), a requirement for the purpose of clause 3 (4) (a) or the regulations made under this Act and a business statute, a requirement of the Minister, Director or Registrar made under the business statute or the regulations made under the business statute, this Act, the specification under this Act, the requirement under this Act or the regulations under this Act, as the case may be, prevails to the extent of the conflict.

Specifications

6 (1)  A specification for the purpose of subsection 3 (1) may be general or particular in its application.

Public notice

(2)  The specification shall be made available to the public on a website of the Government of Ontario or in any other manner that the Minister responsible for the administration of the business statute considers advisable.

Classes

(3)  The specification may prescribe a class.

Same

(4)  For the purposes of subsection (3), a class may be defined,

  (a)  in terms of any attribute or combination of attributes; or

  (b)  as consisting of, including or excluding a specified member.

Non-application of Legislation Act, 2006

(5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the specification.

Requirements

7 (1)  For the purpose of clause 3 (4) (a), the requirements established under this Act by the Minister, Director or Registrar for the purposes of a business statute may include requirements,

  (a)  respecting and governing the content, form, format and filing of documents that are filed by a method specified under subsection 3 (1) and the form, format and payment of fees, including respecting or governing the use of a prescribed, required or approved form under a business statute;

  (b)  respecting and governing the manner of completion, submission and acceptance of documents, the payment of fees and the determination of the date of receipt;

  (c)  specifying that documents may be submitted and fees may be paid only by a person authorized by the Minister, Director or Registrar or who belongs to a class of persons authorized by the Minister, Director or Registrar;

  (d)  establishing the time and circumstances when documents are considered to be sent to or received by the Minister, Director or Registrar and the place where they are considered to have been sent or received;

  (e)  establishing technology standards and requirements for filing documents by a method specified by the Minister, Director or Registrar and for paying fees in electronic format;

   (f)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed by a method specified under this Act; and

  (g)  governing searches and search methods of records in respect of the records maintained by the Minister, Director or Registrar under the business statute.

Classes

(2)  The requirements may prescribe a class.

Same

(3)  For the purposes of subsection (2), a class may be defined,

  (a)  in terms of any attribute or combination of attributes; or

  (b)  as consisting of, including or excluding a specified member.

Non-application of Legislation Act, 2006

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the requirements.

Conflict

(5)  If there is a conflict between the requirements and a regulation made under this Act, the regulation prevails to the extent of the conflict.

Regulations

8 The Minister of Government and Consumer Services, or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act, may make regulations,

  (a)  defining any word or expression used in this Act that has not already been expressly defined in this Act;

  (b)  governing anything that, in this Act, is required or permitted to be prescribed or that is required or permitted to be done by, or in accordance with, the regulations, or as authorized, specified or provided for in the regulations;

  (c)  providing for any matter that the Minister considers necessary or advisable for the purpose of this Act;

  (d)  providing for transitional matters that the Minister considers necessary or advisable in connection with the implementation of the enactment of this Act.

Repeal

9 The Act set out in this Schedule is repealed.

Commencement

10 (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 9 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

11 The short title of the Act set out in this Schedule is the Alternative Filing Methods for Business Act, 2020.

 

SCHEDULE 2
Business Corporations Act

1 Section 267 of the Business Corporations Act is repealed and the following substituted:

Accepting copy of notice or other document

267 (1)  If a notice or other document is required to be sent to the Director under this Act, the Director may accept a copy of it if it meets the Director’s requirements established under this Act.

Articles and applications

(2)  Subsection (1) does not apply to articles or applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such articles or applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Director.

Endorsement or issuance by Director

(4)  An endorsement or issuance by the Director under this Act in respect of a notice or other document, including articles and applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Signatures

267.1  For greater certainty, in respect of requirements under this Act respecting the signing of articles, applications and other documents filed with the Director, any articles, applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

2 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

267.2  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

3 (1)  Clause 271.2 (1) (h) of the Act is repealed and the following substituted:

  (h)  specifying requirements for corporations filing articles, applications or other forms approved under section 272.2, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

(2)  Clause 271.2 (1) (k) of the Act is repealed and the following substituted:

  (k)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court that may be filed with the Director, and if this Act specifies requirements respecting original articles, applications and other documents filed with the Director, specifying and governing a type of copy that may be filed with the Director instead of an original;

4 The Act is amended by adding the following section:

Requirements established by the Director

271.2.1  (1)  The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which articles, applications, other forms prescribed under section 271.1 or 271.2 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing articles, applications, other forms prescribed under section 271.1 or 271.2, supporting documents and statements, other than by signing them, and establishing rules respecting those methods;

  (c)  if this Act specifies requirements respecting the signing of articles, applications and other documents filed with the Director, specifying and governing alternative requirements for their signing or providing that signing is not required;

  (d)  specifying requirements for corporations filing articles, applications and other forms prescribed under section 271.1 or 271.2, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

  (e)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Director, and if this Act specifies requirements respecting original articles, applications and other documents filed with the Director, specifying and governing a type of copy that may be filed with the Director instead of an original.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Repeal

(4)  This section is repealed on the day subsection 40 (1) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

5 Section 278 of the Act is repealed and the following substituted:

Appointment of Director

278 The Minister shall appoint a Director to exercise the powers and perform duties of the Director under this or any other Act.

6 The Act is amended by adding the following Part:

Part XIX
Special Rules During Emergency

Interpretation

279 In this Part and the Schedule to this Act, references to the “emergency” and “declared emergency” are references to the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act and, for clarity, those references include any extension of the emergency under section 7.0.7 of that Act.

Application of Schedule

280 (1)  The sections of the Schedule to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of the Schedule to this Act, is the period of the emergency and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for the section, a further prescribed period of time immediately following the end of the 120-day period.

Regulations

281 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 280 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of the Schedule to this Act and may provide for one or more extensions of a previously prescribed period.

7 The Act is amended by adding the following Schedule:

SCHEDULE

Shareholders’ Meetings, Time Extension and Means of Meeting

1 The operation of section 94 of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Shareholders’ meetings

94 (1)  Subject to subsection 104 (1), the directors of a corporation,

  (a)  shall call an annual meeting of shareholders not later than eighteen months after the corporation comes into existence and subsequently not later than fifteen months after holding the last preceding annual meeting; and

  (b)  may at any time call a special meeting of shareholders.

Shareholders’ meetings, time extension

(1.1)  If the last day on which a meeting referred to in clause (1) (a) is required to be held is a day that falls within the period of the declared emergency, the last day on which the meeting is required to be held is no later than the 90th day after the day the emergency is terminated.

Same

(1.2)  If the last day on which a meeting referred to in clause (1) (a) is required to be held is a day that falls within the 30-day period that begins on the day after the day the emergency is terminated, the last day on which the meeting is required to be held is no later than the 120th day after the day the emergency is terminated.

Same

(1.3)  Despite clause (1) (a), the directors of a corporation may call a meeting that is to be held on a day contemplated by subsection (1.1) or (1.2) at a time that enables the corporation to comply with subsections (1.1) or (1.2), as applicable, and that is reasonable in the circumstances.

Same

(1.4)  For the purposes of subsections (1.1) to (1.3), the day on which a meeting referred to in clause (1) (a) is required to be held shall be determined in accordance with subsection 154 (1) as it read immediately before March 17, 2020.

Meeting by electronic means

(2)  Despite any provision in the articles, by-laws or a unanimous shareholder agreement that provides otherwise, a meeting of the shareholders may be held by telephonic or electronic means and a shareholder who, 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.

2 The operation of subsection 96 (1) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Notice of shareholders’ meetings

(1)  Notice of the time and place of a meeting of shareholders shall be sent, in the case of an offering corporation, not less than twenty-one days and, in the case of any other corporation, not less than ten days, but, in either case, not more than fifty days, before the meeting,

  (a)  to each shareholder entitled to vote at the meeting;

  (b)  to each director; and

  (c)  to the auditor of the corporation.

Changes re meeting after notice sent

(1.1)  If a notice of a meeting of shareholders has been sent for a meeting to be held on a day that falls within the period of the declared emergency and, after the notice is sent, the date, time or place of the meeting is changed in order to hold the meeting by telephonic or electronic means, another notice of meeting is not required to be sent but the persons entitled to receive the notice must be informed of the change in a manner and within a time that is reasonable in the circumstances.

3 The operation of subsections 103 (1) and (2) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Manner of voting

(1)  Subject to subsection (2.1) and unless the by-laws otherwise provide, voting at a meeting of shareholders shall be by show of hands, except where a ballot is demanded by a shareholder or proxyholder entitled to vote at the meeting.

Same

(2)  Subject to subsection (2.1), a shareholder or proxyholder may demand a ballot either before or after any vote by show of hands.

Same

(2.1)  Despite any provision of this Act and the regulations, where a meeting of shareholders is held by telephonic or electronic means in accordance with subsection 94 (2), the chair shall conduct the vote by a show of hands or by a ballot in accordance with subsections (1) and (2), if feasible, otherwise the chair may direct voting by alternate means.

Meetings by Electronic Means, Directors’ Meetings

4 The operation of subsection 126 (13) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(13)  Despite any provision in the articles, by-laws or a unanimous shareholder agreement that provides otherwise, a meeting of directors or of a committee of directors may be held by means of such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in such a meeting by such means is deemed for the purposes of this Act to be present at that meeting.

5 The operation of subsection 154 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Information to be laid before annual meeting

(1)  For an annual meeting of shareholders held on a date that is in the period that begins on March 17, 2020 and ends on the 120th day after the day the declared emergency is terminated, the directors shall place before the meeting,

  (a)  in the case of a corporation that is not an offering corporation, financial statements for the period that began on the date the corporation came into existence and ended before the annual meeting or, if the corporation has completed a financial year, the period that began immediately after the end of the last completed financial year and ended before the annual meeting;

  (b)  in the case of a corporation that is an offering corporation, the financial statements required to be filed under the Securities Act and the regulations thereunder relating separately to,

         (i)  the period that began on the date the corporation came into existence and ended before the annual meeting or, if the corporation has completed a financial year, the period that began immediately after the end of the last completed financial year and ended before the annual meeting, and

        (ii)  the immediately preceding financial year, if any;

  (c)  the report of the auditor, if any, to the shareholders; and

  (d)  any further information respecting the financial position of the corporation and the results of its operations required by the articles, the by-laws or any unanimous shareholder agreement.

Repeal

8 Part XIX of the Act, as enacted by section 6, and the Schedule to the Act, as enacted by section 7, are repealed.

Cutting Unnecessary Red Tape Act, 2017

9 (1)  Section 38 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

(2)  Section 46 of Schedule 6 to the Act is repealed.

Commencement

10 (1)  Subject to subsections (2) to (5), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 2 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(3)  Section 3 comes into force on the day subsection 40 (1) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(4)  Sections 6 and 7 are deemed to have come into force on March 17, 2020.

(5)  Section 8 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 3
Business Names Act

1 The Business Names Act is amended by adding the following section:

Accepting copy of notice or other document

5.0.1  (1)  If a notice or other document is required to be sent to the Registrar under this Act, the Registrar may accept a copy of it if it meets the Registrar’s requirements established under this Act.

Copy deemed original

(2)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Registrar.

Issuance by Registrar

(3)  An issuance by the Registrar under this Act in respect of a notice or other document is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Repeal

(4)  This section is repealed on the day section 52 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

2 Section 5.1 of the Act is repealed and the following substituted:

Accepting copy of notice or other document

5.1  (1)  If a notice or other document is required to be sent to the Registrar under this Act, the Registrar may accept a copy of it if it meets the Registrar’s requirements established under this Act.

Copy deemed original

(2)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Registrar.

Issuance by Registrar

(3)  An issuance by the Registrar under this Act in respect of a notice or other document is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

3 The Act is amended by adding the following section:

Signatures

5.2  For greater certainty, in respect of requirements under this Act respecting the signing of forms and other documents filed with the Registrar, any forms and other documents that meet the Registrar’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

4 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

5.3  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

5 (1)  Clause 10.4 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for corporations or other persons filing forms approved under section 10.2, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, in paper or electronic format and, if required by notice from the Registrar, to provide a copy of the executed version, including records related to an electronic signature, to the Registrar within the time period set out in the notice;

(2)  Clause 10.4 (1) (j) of the Act is repealed and the following substituted:

   (j)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Registrar;

6 The Act is amended by adding the following section:

Requirements established by the Registrar

10.5  (1)  The Registrar may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which forms prescribed under section 10.2 or 11 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing forms prescribed under section 10.2 or 11 and supporting documents, other than by signing them, and establishing rules respecting those methods;

  (c)  specifying requirements for corporations or other persons filing forms prescribed under section 10.2 or 11, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, in paper or electronic format and, if required by notice from the Registrar, to provide a copy of the executed version, including records related to an electronic signature, to the Registrar within the time period set out in the notice;

  (d)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Registrar.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Registrar under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Definition

(4)  In this section,

“electronic signature” has the same meaning as in the Business Corporations Act.

Repeal

(5)  This section is repealed on the day section 58 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

Commencement

7 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 2 comes into force on the day section 52 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(3)  Section 4 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(4)  Section 5 comes into force on the day section 58 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

 

SCHEDULE 4
Commissioners for Taking Affidavits Act

1 The English version of the title to the Commissioners for taking Affidavits Act is amended by striking out “taking” and substituting “Taking”.

2 Section 3 of the Act is repealed.

3 (1)  Subsection 4 (2) of the Act is repealed.

(2)  Subsection 4 (3) of the Act is repealed and the following substituted:

Period of appointment

(3)  Commissioners appointed under this section shall be appointed for a three-year period or such other period as may be specified by the regulations made under this Act.

Renewal

(3.1)  An appointment under this section may be renewed for one or more periods of three years or such other period as may be specified by the regulations made under this Act.

4 The English version of section 6 of the Act is amended by striking out “in anywise”.

5 Section 8 of the Act is amended by adding the following subsection:

Delegation

(3)  The Attorney General may, in writing, delegate the power conferred by subsection (1) to a public servant employed under Part III of the Public Service of Ontario Act, 2006.

6 Section 9 of the Act is repealed and the following substituted:

Administration of oath, declaration

In person

9 (1)  Every oath and declaration shall be taken by the deponent or declarant in the physical presence of the commissioner, notary public or other person administering the oath or declaration.

Not in person

(2)  Despite subsection (1), if the regulations made under this Act so provide and the conditions set out in the regulations are met, an oath or declaration may be taken by a deponent or declarant in accordance with the regulations without being in the physical presence of a commissioner, notary public or other person administering the oath or declaration.

Duty of commissioner, etc.

(3)  A commissioner, notary public or other person administering an oath or declaration shall satisfy himself or herself of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration in the manner required by law before signing the jurat or declaration.

7 Section 10 of the Act is amended by striking out “notary public, justice of the peace or other officer or person” and substituting “notary public or other person”.

8 The Act is amended by adding the following section:

Transition, commissioners for specific purposes

12.1  A person who exercised powers, conferred by the Attorney General under section 3 immediately before its repeal by section 2 of Schedule 4 to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 to administer oaths and take affidavits in connection with the performance of his or her official duties may continue to exercise the conferred powers, subject to any limitations determined by the Attorney General when the powers were conferred, and continues to be subject to this Act in respect of the exercise of those powers until the person ceases or is no longer authorized to perform those duties.

9 (1)  Clause 13 (a) of the Act is repealed and the following substituted:

  (a)  prescribing the fees payable to commissioners under this Act and requiring their payment;

(2)  Section 13 of the Act is amended by adding the following clauses:

  (d)  for the purposes of subsection 9 (2), providing that an oath or declaration may be taken by a deponent or declarant without being in the physical presence of a commissioner, notary public or other person administering the oath or declaration, specifying conditions that must be met in order for an oath or declaration to be administered without being in the physical presence of the deponent or declarant, and governing the administering of an oath or declaration without being in the physical presence of the deponent or declarant;

  (e)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

(3)  Section 13 of the Act is amended by adding the following subsection:

Same, Attorney General

(2)  The Attorney General may make regulations,

  (a)  prescribing a period of appointment for the purposes of subsection 4 (3) or a period of renewal of appointment for the purposes of subsection 4 (3.1);

  (b)  prescribing fees payable to the Crown under this Act and requiring their payment;

  (c)  exempting any person or class of persons from paying any or all of the fees prescribed under clause (b).

Evidence Act

10 The English version of section 46 of the Evidence Act is amended by striking out “taking” and substituting “Taking”.

Homemakers and Nurses Services Act

11 The English version of section 4 of the Homemakers and Nurses Services Act is amended by striking out “taking” and substituting “Taking”.

Legal Aid Services Act, 1998

12 The English version of subsection 17 (2) of the Legal Aid Services Act, 1998 is amended by striking out “taking” and substituting “Taking”.

Long-Term Care Homes Act, 2007

13 The English version of section 179 of the Long-Term Care Homes Act, 2007 is amended by striking out “taking” and substituting “Taking”.

Mining Act

14 The English version of subsection 4 (7) of the Mining Act is amended by striking out “taking” and substituting “Taking”.

Ministry of Northern Development, Mines and Forestry Act

15 The English version of subsection 7 (2) of the Ministry of North Development, Mines and Forestry Act is amended by striking out “taking” and substituting “Taking”.

Ontario Disability Support Program Act, 1997

16 The English version of section 51 of the Ontario Disability Support Program Act, 1997 is amended by striking out “taking” and substituting “Taking”.

Ontario Works Act, 1997

17 The English version of section 69 of the Ontario Works Act, 1997 is amended by striking out “taking” wherever it appears and substituting in each case “Taking”.

Provincial Offences Act

18 The English version of subsection 83.1 (6) of the Provincial Offences Act is amended by striking out “taking” and substituting “Taking”.

Commencement

19 (1)  Subject to subsection (2), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Sections 2, 3 and 5 to 9 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 5
Condominium Act, 1998

1 The Condominium Act, 1998 is amended by adding the following Part:

Part IV.1
Special Rules During Emergency

Interpretation

71.0.1  In this Part and the Schedule to this Act, references to the “emergency” and “declared emergency” are references to the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act and, for clarity, those references include any extension of the emergency under section 7.0.7 of that Act.

Application of Schedule

71.0.2  (1)  The sections of the Schedule to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of the Schedule to this Act, is the period of the emergency and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for the section, a further prescribed period of time immediately following the end of the 120-day period.

Regulations

71.0.3  (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 71.0.2 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of the Schedule to this Act and may provide for one or more extensions of a previously prescribed period.

2 The Act is amended by adding the following Schedule:

SCHEDULE

Meetings of Directors

1 The operation of subsection 35 (2) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Notice

(2)  The person calling a meeting of directors shall give a written notice of the meeting to every director of the corporation in the following manner:

   1.  The notice shall be given at least 10 days before the day of the meeting, unless the by-laws specify otherwise.

   2.  The notice shall be given to the director by one of the following means,

           i.  delivering the notice personally, unless the by-laws specify otherwise,

          ii.  sending the notice by prepaid mail or courier delivery addressed to the director at the latest address as shown on the records of the corporation, unless the by-laws specify otherwise,

         iii.  sending the notice by electronic communication addressed to the director at the latest address as shown on the records of the corporation, whether or not the by-laws specify otherwise.

2 The operation of subsection 35 (5) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Teleconference

(5)  A meeting of the directors may be held, in accordance with the regulations, by teleconference or another form of communications system that is prescribed.

Time Extension for Annual General Meetings

3 The operation of subsection 45 (2) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Annual general meeting

(2)  The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation.

Annual general meetings, time extension

(2.1)  Despite subsection (2), if the last day on which a meeting is required to be held under subsection (2) is a day that falls within the period of the declared emergency, the last day on which the meeting is instead required to be held is no later than the 90th day after the day the emergency is terminated.

Same

(2.2)  Despite subsection (2), if the last day on which a meeting is required to be held under subsection (2) is a day that falls within the 30-day period that begins on the day after the day the emergency is terminated, the last day on which the meeting is instead required to be held is no later than the 120th day after the day the emergency is terminated.

Change in Date, Time or Place of Meeting of Owners

4 The operation of subsection of 47 (1) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Giving notice to owners

(1)  Any notice that is required under this Act to be given to owners shall,

  (a)  be in writing;

  (b)  be given at least 15 days before the day of the meeting, if the notice is a notice of meeting of owners;

  (c)  if the notice is a preliminary notice described in subsection 45.1 (1), be given at least 20 days before the subsequent notice of meeting of owners described in that subsection;

  (d)  be given to the owners in accordance with subsection (4); and

  (e)  if the notice is a notice of meeting of owners or a preliminary notice described in subsection 45.1 (1), be given to the mortgagees described in subsections (2) and (3) in accordance with subsection (5).

Changes re meeting after notice given

(1.1)  If a notice of meeting of owners mentioned in clause (1) (b) has been given in respect of a meeting to be held on a day that falls within the period of the declared emergency and, after the notice is given, the date, time or place of the meeting is changed in order to hold the meeting by telephonic or electronic means, another notice of meeting is not required to be given but the persons entitled to receive the notice must be informed of the change in a manner and within a time that is reasonable in the circumstances.

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.

Repeal

3 Part IV.1 of the Act, as enacted by section 1, and the Schedule to the Act, as enacted by section 2, are repealed.

Commencement

4 (1)  Subject to subsection (2), this Schedule is deemed to have come into force on March 17, 2020.

(2)  Section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 6
Co-operative Corporations Act

1 Subsection 1 (1) of the Co-operative Corporations Act is amended by adding the following definitions:

“Director” means the Director appointed under section 278 of the Business Corporations Act; (“directeur”)

“electronic signature” has the same meaning as in the Business Corporations Act; (“signature électronique”)

2 Section 1.1 of the Act is amended by adding the following subsection:

Same, Director

(2)  The Director may delegate in writing any or all of the Director’s duties and powers under this Act to any person, subject to any restrictions set out in the delegation.

3 The Act is amended by adding the following sections:

Accepting copy of notice or other document

172.1  (1)  If a notice or other document is required to be sent to the Minister under this Act, the Minister may accept a copy of it if it meets the Director’s requirements established under this Act.

Copy deemed original

(2)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Minister.

Endorsement or issuance

(3)  An endorsement or issuance by the Minister under this Act in respect of a notice or other document, including articles and applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Signatures

172.2  For greater certainty, in respect of requirements under this Act respecting the signing of articles, applications and other documents filed with the Minister, any articles, applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

4 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

172.3  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

5 (1)  The Act is amended by adding the following section:

Requirements established by the Director

185.2  (1)  The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which articles, applications, other forms approved under section 187 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing articles, applications, other forms approved under section 187, supporting documents and statements, other than by signing them, and establishing rules respecting those methods;

  (c)  if this Act specifies requirements respecting the signing of articles, applications and other documents filed with the Minister, specifying and governing alternative requirements for their signing or providing that signing is not required;

  (d)  specifying requirements for co-operatives filing articles, applications and other forms approved under section 187, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Minister within the time period set out in the notice;

  (e)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Minister.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, the regulation prevails to the extent of the conflict.

(2)  Subsection 185.2 (1) of the Act, as enacted by subsection (1), is amended by striking out “in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020” at the end of the portion before clause (a).

6 The Act is amended by adding the following sections:

Special Rules During Emergency

Interpretation

188 In this section and sections 189 and 190 and the Schedule to this Act, references to the “emergency” and “declared emergency” are references to the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act and, for clarity, those references include any extension of the emergency under section 7.0.7 of that Act.

Application of Schedule

189 (1)  The sections of the Schedule to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of the Schedule to this Act, is the period of the emergency and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for the section, a further prescribed period of time immediately following the end of the 120-day period.

Regulations

190 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 189 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of the Schedule to this Act and may provide for one or more extensions of a previously prescribed period.

7 The Act is amended by adding the following Schedule:

SCHEDULE

Meeting by Electronic Means, Members’ Meetings

1 The operation of subsections 74 (3) to (5) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Meeting by electronic means

(3)  Whether or not the articles or by-laws of a co-operative so provide, a meeting of the members of a co-operative, including a meeting of the members of a non-profit housing co-operative, may be held by telephonic or electronic means by which all members participating in the meeting can hear each other, and a member who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting.

Same

(4)  A meeting held under subsection (3) is deemed to be held at the place where the head office of the co-operative is located.

Definition of “telephonic or electronic means”

(5)  For the purposes of this section and sections 75, 76 and 90,

“telephonic or electronic means” means telephone calls or messages, facsimile messages, electronic mail, transmission of data or information through automated touch-tone telephone systems, transmission of data or information through computer networks, any other similar means or any other prescribed means.

2 The operation of subsection 75 (3) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Poll

(3)  If a poll is demanded, it shall be taken in such manner as the by-laws prescribe, and, if the by-laws make no provision therefor, then as the chair directs.

Changes re meeting after notice given

(4)  If a notice of meeting of members or shareholders has been given in respect of a meeting to be held on a day that falls within the period of the declared emergency and, after the notice is given, the date, time or place of the meeting is changed in order to hold the meeting by telephonic or electronic means, another notice of meeting is not required to be given but members, shareholders and any other person entitled to receive the notice must be informed of the change in a manner and within a time that is reasonable in the circumstances.

Suspension of In-Person Voting

3 The operation of subsection 76 (4) of the Act is temporarily suspended.

Voting by Electronic Means

4 The operation of subsection 76 (5) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Voting by other means

(5)  Whether or not the articles or by-laws of a co-operative, including a non-profit housing co-operative, so provide, voting may take place by mail or by telephonic or electronic means.

Time Extension for Annual Meetings

5 The operation of section 77 of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Annual meetings

77 (1)  A co-operative shall hold an annual meeting of its members not later than eighteen months after its incorporation and subsequently not more than fifteen months after the holding of the last preceding annual meeting and at such meeting any member shall have an opportunity to raise any matter relevant to the affairs and business of the co-operative.

Annual meetings, time extension

(2)  Despite subsection (1), if the last day on which a meeting is required to be held under subsection (1) is a day that falls within the period of the declared emergency, the last day on which the meeting is instead required to be held is no later than the 90th day after the day the emergency is terminated.

Same

(3)  Despite subsection (1), if the last day on which a meeting is required to be held under subsection (1) is a day that falls within the 30-day period that begins on the day after the day the emergency is terminated, the last day on which the meeting is instead required to be held is no later than the 120th day after the day the emergency is terminated.

Election of Directors by Electronic Means

6 The operation of subsection 90 (1) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Election of directors

(1)  The directors shall be elected by the members in general meeting, and the election shall be by ballot in the manner prescribed by section 91.

Method of voting or election

(1.1)  Where a general meeting of members referred to in subsection (1) is held by telephonic or electronic means in accordance with subsection 74 (3), the chair shall conduct a vote or election by ballot in the manner prescribed by section 91, otherwise the chair may direct the vote or election by alternate means.

Meeting by Telephone, Board and Executive meetings

7 The operation of subsection 94 (3) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meetings by telephone

(3)  Whether or not the by-laws or articles of a co-operative provide otherwise, any director may participate in a meeting of the board of directors or of the executive committee by means of conference, telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and a director participating in a meeting pursuant to this subsection shall be deemed for the purposes of this Act to be present in person at that meeting.

Information to be Laid Before Annual Meeting

8 The operation of subsection 128 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Information to be laid before annual meeting

(1)  For an annual meeting of the members held on a day that is in the period that begins March 17, 2020 and ends on the 120th day after the day the declared emergency is terminated, the directors shall lay before the meeting,

  (a)  a comparative financial statement relating separately to,

         (i)  the period that commenced on the date of incorporation and ended before the annual meeting or, if the co-operative has completed a financial year, that commenced immediately after the end of the last completed financial year and ended before such annual meeting, as the case may be, and

        (ii)  the period covered by the financial year next preceding such latest completed financial year, if any,

        made up of,

        (iii)  a statement of profit and loss for each period,

       (iv)  a statement of surplus for each period,

        (v)  a statement of patronage returns allocated to members during the year,

       (vi)  a statement of source and application of funds for each period, and

       (vii)  a balance sheet as at the end of each period;

  (b)  the report of the auditor to the members; and

  (c)  such further information respecting the financial position of the co-operative as the articles or by-laws of the co-operative require.

Repeal

8 Sections 188, 189 and 190 of the Act, as enacted by section 6, and the Schedule to the Act, as enacted by section 7, are repealed.

Commencement

9 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 4 and subsection 5 (2) come into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(3)  Sections 6 and 7 are deemed to have come into force on March 17, 2020.

(4)  Section 8 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 7
Corporations Act

1 (1)  Section 1 of the Corporations Act is amended by adding the following definitions:

“day” means a clear day; (“jour”)

“electronic signature” means an identifying mark or process that is,

  (a)  created or communicated using telephonic or electronic means,

  (b)  attached to or associated with a document or other information, and

  (c)  made or adopted by a person to associate the person with the document or other information, as the case may be; (“signature électronique”)

(2)  Section 1 of the Act is amended by adding the following definition:

“Director” means the Director appointed under section 278 of the Business Corporations Act; (“directeur”)

2 The Act is amended by adding the following section before Part I:

Delegation by Director

2.1.1  (1)  The Director may delegate in writing any or all of his or her duties and powers under this Act to any person, subject to any restrictions set out in the delegation.

Repeal

(2)  This section is repealed on the day section 5 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

3 Section 211 of the Act is amended by striking out “in accordance with the Schedule to this Act” at the end and substituting “in accordance with Schedule 1 to this Act”.

4 (1)  Clause 326.3 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for corporations filing letters patent, supplementary letters patent, other applications and forms approved under section 326.6, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Minister within the time period set out in the notice;

(2)  Clause 326.3 (1) (j) of the Act is repealed and the following substituted:

   (j)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Minister, and if this Act specifies requirements respecting original documents filed with the Minister, specifying and governing a type of copy that may be filed with the Minister instead of an original;

5 The Act is amended by adding the following sections:

Requirements established by the Director

326.3.1  (1)  The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which applications for letters patent or supplementary letters patent, other applications and forms prescribed under section 326.1 or 327 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing applications for letters patent or supplementary letters patent, other applications and forms prescribed under section 326.1 or 327 and supporting documents, other than by signing them, and establishing rules respecting those methods;

  (c)  specifying requirements for corporations filing letters patent, supplementary letters patent, other applications and forms prescribed under section 326.1 or 327, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Minister within the time period set out in the notice;

  (d)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Minister, and if this Act specifies requirements respecting original documents filed with the Minister, specifying and governing a type of copy that may be filed with the Minister instead of an original.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Definition

(4)  In this section,

“electronic signature” has the same meaning as in the Business Corporations Act.

Repeal

(5)  This section is repealed on the day section 73 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

Accepting copy of notice or other document

326.3.2  (1)  If a notice or other document is required to be sent to the Minister under this Act, the Minister may accept a copy of it if it meets the Director’s requirements established under this Act.

Exception, certain applications

(2)  Subsection (1) does not apply to applications for letters patent or supplementary letters patent or other applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such applications for letters patent or supplementary letters patent or other applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Minister.

Issuance by Minister

(4)  An issuance by the Minister under this Act in respect of a notice or other document, including applications for letters patent or supplementary letters patent or other applications, is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Repeal

(5)  This section is repealed on the day section 73 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

6 Section 326.4 of the Act is repealed and the following substituted:

Accepting copy of notice or other document

326.4  (1)  If a notice or other document is required to be sent to the Minister under this Act, the Minister may accept a copy of it if it meets the Director’s requirements established under this Act.

Exception, certain applications

(2)  Subsection (1) does not apply to applications for letters patent or, supplementary letters patent or other applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such applications for letters patent or supplementary letters patent or other applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Minister.

Issuance by Minister

(4)  An issuance by the Minister under this Act in respect of a notice or other document, including applications for letters patent or supplementary letters patent or other applications, is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

7 The Act is amended by adding the following section:

Signatures

326.4.1  For greater certainty, in respect of requirements under this Act respecting the signing of applications for letters patent or supplementary letters patent, or other applications and other documents filed with the Minister, any applications for letters patent or supplementary letters patent, or other applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

8 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

326.4.2  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

9 The Act is amended by adding the following Part:

Part VIII
Special Rules During Emergency

Interpretation

334 In this Part and Schedule 2 to this Act, references to the “emergency” and “declared emergency” are references to the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act and, for clarity, those references include any extension of the emergency under section 7.0.7 of that Act.

Application of Schedule 2

335 (1)  The sections of Schedule 2 to this Act apply during the temporary suspension period, as described in subsection (2) for each section.

Temporary suspension period

(2)  The temporary suspension period, as referred to in each section of Schedule 2 to this Act, is the period of the emergency and a further period that ends on the 120th day after the day the declared emergency is terminated and, if the regulations so provide for the section, a further prescribed period of time immediately following the end of the 120-day period.

Regulations

336 (1)  The Lieutenant Governor in Council may make regulations prescribing further periods of time for the purposes of subsection 335 (2).

Same

(2)  A regulation under subsection (1) may prescribe a different period of time for different sections of Schedule 2 to this Act and may provide for one or more extensions of a previously prescribed period.

10 The title of the Schedule to the Act is repealed and the following substituted:

Schedule 1
CONVERSION OF JOINT STOCK LIFE COMPANIES INTO MUTUAL COMPANIES

11 The Act is amended by adding the following Schedule:

SCHEDULE 2
Special Rules During Emergency

Meetings for Corporations

1 The operation of subsection 93 (3) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Poll

(3)  If a poll is demanded, it shall be taken in such manner as the by-laws prescribe, and, if the by-laws make no provision therefor, then as the chair directs.

Changes re meeting after notice given

(4)  If a notice of meeting of shareholders has been given in respect of a meeting to be held on a day that falls within the period of the declared emergency and, after the notice is given, the date, time or place of the meeting is changed in order to hold the meeting by telephonic or electronic means, another notice of meeting is not required to be given but the persons entitled to receive the notice must be informed of the change in a manner and within a time that is reasonable in the circumstances.

2 The operation of subsection 97 (1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Information to be laid before annual meeting

(1)  For an annual meeting of shareholders held on a date that is in the period that begins on March 17, 2020 and ends on the 120th day after the day the declared emergency is terminated, the directors shall lay before the meeting,

  (a)  in the case of a private company, a financial statement for the period that commenced on the date of incorporation and ended before such annual meeting or, if the company has completed a financial year, that commenced immediately after the end of the last completed financial year and ended before such annual meeting, as the case may be, made up of,

         (i)  a statement of profit and loss for such period,

        (ii)  a statement of surplus for such period, and

        (iii)  a balance sheet as at the end of such period;

  (b)  in the case of a public company, a comparative financial statement relating separately to,

         (i)  the period that commenced on the date of incorporation and ended before such annual meeting or, if the company has completed a financial year, that commenced immediately after the end of the last completed financial year and ended before such annual meeting, as the case may be, and

        (ii)  the period covered by the financial year next preceding such latest completed financial year, if any,

        made up of,

        (iii)  a statement of profit and loss for each period,

       (iv)  a statement of surplus for each period,

        (v)  a statement of source and application of funds for each period, and

       (vi)  a balance sheet as at the end of each period;

  (c)  the report of the auditor to the shareholders;

  (d)  such further information respecting the financial position of the company as the letters patent, supplementary letters patent or by-laws of the company require.

Meeting by Electronic Means, Members’ and Shareholders’ Meetings

3 The operation of section 125.1 of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Meeting by electronic means, all corporations

125.1  (1)  Despite any provision in the letters patent, supplementary letters patent or by-laws of a corporation that provides otherwise, a meeting of the members or shareholders of a corporation may be held by telephonic or electronic means and a member or shareholder who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting.

Same

(2)  Despite section 117, subsection (1) applies to all corporations to which this Act, or any provision thereof, applies.

Time Extension for Annual Meetings, Insurance Corporations

4 The operation of subsection 159 (1) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Annual meeting

(1)  A meeting of the shareholders and members for the election of directors shall be held within the first three months of every year at such time and place as the by-laws of the corporation prescribe.

Annual meeting, time extension

(1.1)  Despite subsection (1), the meeting of the shareholders and members for the election of directors required to be held in 2020 shall be held no later than the 90th day after the day the emergency is terminated.

Meeting by Electronic Means, Directors’ Meetings

5 The operation of subsection 283 (3.1) of the Act is temporarily suspended and the following replacement provision is in effect during the temporary suspension period only:

Meeting by electronic means

(3.1)  Despite any provision in the letters patent, supplementary letters patent or by-laws of a corporation that provides otherwise, a meeting of directors or of a committee of directors may be held by such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, and a director participating in the meeting by those means is deemed for the purposes of this Act to be present at the meeting.

Means for Meetings of Shareholders or Members

6 The operation of subsection 287 (1) of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Election of directors

(1)  The directors shall be elected by the shareholders or members in general meeting and the election shall be by ballot or in such other manner as the by-laws of the corporation prescribe.

Method of voting or election

(1.1)  Despite any provision of this Act or the regulations, where a meeting of shareholders or members is held by telephonic or electronic means in accordance with subsection 125.1 (1), the chair shall conduct a vote or election by ballot or by such other manner as the by-laws of the corporation prescribe, if feasible, otherwise the chair may direct the vote or election by alternate means.

Time Extension for Annual Meetings, General

7 The operation of section 293 of the Act is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:

Annual meetings

293 (1)  A corporation shall hold an annual meeting of its shareholders or members not later than eighteen months after its incorporation and subsequently not more than fifteen months after the holding of the last preceding annual meeting.

Annual meetings, time extension

(2)  Despite subsection (1), if the last day on which a meeting is required to be held under subsection (1) is a day that falls within the period of the declared emergency, the last day on which the meeting is instead required to be held is no later than the 90th day after the day the emergency is terminated.

Same

(3)  Despite subsection (1), if the last day on which a meeting is required to be held under subsection (1) is a day that falls within the 30-day period that begins on the day after the day the emergency is terminated, the last day on which the meeting is instead required to be held is no later than the 120th day after the day the emergency is terminated.

Repeal

12 Part VIII of the Act, as enacted by section 9, and Schedule 2 to the Act, as enacted by section 11, are repealed.

Revocation

13 Ontario Regulation 107/20 (Order Under Subsection 7.1 (2) of the Act — Corporations, Co-operative Corporations and Condominium Corporations), made under the Emergency Management and Civil Protection Act, is revoked.

Cutting Unnecessary Red Tape Act, 2017

14 (1)  Subsection 1 (1) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

(2)  Subsection 1 (2) of Schedule 7 to the Act is amended by striking out “section 1 of the Act” and substituting “section 1 of the Corporations Act”.

Commencement

15 (1)  Subject to subsections (2) to (6), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Subsection 1 (1) comes into force on the day subsection 1 (4) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(3)  Sections 3, 9 to 11 and 13 are deemed to have come into force on March 17, 2020.

(4)  Sections 4 and 6 come into force on the day section 73 of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(5)  Section 8 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(6)  Section 12 comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 8
Corporations Information Act

1 (1)  Section 1 of the Corporations Information Act is amended by adding the following definitions:

“day” means a clear day; (“jour”)

“electronic signature” means an identifying mark or process that is,

  (a)  created or communicated using telephonic or electronic means,

  (b)  attached to or associated with a document or other information, and

  (c)  made or adopted by a person to associate the person with the document or other information, as the case may be; (“signature électronique”)

(2)  Section 1 of the Act is amended by adding the following definition:

“Director” means the Director appointed under section 278 of the Business Corporations Act; (“directeur”)

2 The Act is amended by adding the following section:

Delegation by Director

1.1.1  (1)  The Director may delegate in writing any or all of the Director’s duties and powers under this Act to any person, subject to any restrictions set out in the delegation.

Repeal

(2)  This section is repealed on the day that section 67 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

3 The Act is amended by adding the following section:

Accepting copy of notice or other document

10.2.1  (1)  If a notice or other document is required to be sent to the Ministry under this Act, the Ministry may accept a copy of it if it meets the Director’s requirements established under this Act.

Copy deemed original

(2)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Ministry.

Issuance by Minister

(3)  An issuance by the Minister under this Act in respect of a notice or other document is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Repeal

(4)  This section is repealed on the day section 77 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

4 Section 10.3 of the Act is repealed and the following substituted:

Accepting copy of notice or other document

10.3  (1)  If a notice or other document is required to be sent to the Ministry under this Act, the Ministry may accept a copy of it if it meets the Director’s requirements established under this Act.

Copy deemed original

(2)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Ministry.

Issuance by Minister

(3)  An issuance by the Minister under this Act in respect of a notice or other document is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

5 The Act is amended by adding the following section:

Signatures

10.4  For greater certainty, in respect of requirements under this Act respecting the signing of returns, notices and other documents filed with the Ministry, any returns, notices and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

6 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

10.5  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

7 (1)  Clause 21.4 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for corporations filing returns, notices and other forms approved under section 21.3, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head or registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

(2)  Clause 21.4 (1) (k) of the Act is repealed and the following substituted:

  (k)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Ministry;

8 The Act is amended by adding the following section:

Requirements established by the Director

21.4.1  (1)  The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which returns, notices and other forms prescribed under section 21.3 or 22 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing returns, notices and other forms prescribed under section 21.3 or 22 and supporting documents, other than by signing them, and establishing rules respecting those methods;

  (c)  specifying requirements for corporations filing returns, notices and other forms prescribed under section 21.3 or 22, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the head or registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

  (d)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Ministry.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Definition

(4)  In this section,

“electronic signature” has the same meaning as in the Business Corporations Act.

Repeal

(5)  This section is repealed on the day section 85 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

Cutting Unnecessary Red Tape Act, 2017

9 Subsection 66 (2) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

Commencement

10 (1)  Subject to subsections (2) to (5), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Subsection 1 (1) comes into force on the day subsection 66 (5) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(3)  Section 4 comes into force on the day section 77 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(4)  Section 6 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(5)  Section 7 comes into force on the day section 85 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

 

SCHEDULE 9
Education Act

1 Section 208.1 of the Education Act is repealed and the following substituted:

Regulations: electronic meetings

208.1  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  respecting the use of electronic means for the holding of meetings of a board and meetings of a committee of a board, including a committee of the whole board;

  (b)  prescribing the circumstances in which a member of a board is required to be physically present in the meeting room of a board for meetings of the board;

  (c)  authorizing or requiring a board to develop and implement policies with respect to any matter referred to in clause (a) and governing the content of such policies.

Same

(2)  A regulation under clause (1) (a) may provide that a board member who participates in a meeting through electronic means shall be deemed to be present at the meeting for the purposes of this and every other Act, subject to such conditions or limitations as may be provided for in the regulation.

Same

(3)  A regulation under clause (1) (a) may provide for participation in meetings through electronic means by members of the board, student trustees and members of the public.

Same

(4)  A regulation under clause (1) (b) may set out rules with respect to periods of time before the regulation is filed.

2 Clause 228 (1) (e) of the Act is repealed and the following substituted:

  (e)  fails to be physically present as required by the regulations made under clause 208.1 (1) (b).

3 Section 229 of the Act is repealed.

4 Section 9 of Schedule 1 to the Act is amended by adding the following subsections:

Exception, emergency

(4)  The requirements under subsections (1) to (3) do not apply for the period described in subsection (5) if all schools of the Consortium are closed pursuant to an order made by,

  (a)  the Minister under section 5 (1) of this Act;

  (b)  a medical officer of health or the Chief Medical Officer of Health under section 22 or 77.1 of the Health Protection and Promotion Act; or

  (c)  the Lieutenant Governor in Council under paragraph 5 of subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act.

Same

(5)  The period referred to in subsection (4) starts on the later of,

  (a)  the day the order under clause (4) (a), (b) or (c) is made; and

  (b)  the day section 4 of Schedule 9 to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force,

and ends 60 days after the order ceases to apply.

Commencement

5 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 10
Extra-Provincial Corporations Act

1 The Extra-Provincial Corporations Act is amended by adding the following section:

Accepting copy of notice or other document

16.3.1  (1)  If a notice or other document is required to be sent to the Director under this Act, the Director may accept a copy of it if it meets the Director’s requirements established under this Act.

Exception, certain applications

(2)  Subsection (1) does not apply to applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Director.

Endorsement or issuance by Director

(4)  An endorsement or issuance by the Director under this Act in respect of a notice or other document, including applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Repeal

(5)  This section is repealed on the day section 99 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

2 Section 16.4 of the Act is repealed and the following substituted:

Accepting copy of notice or other document

16.4  (1)  If a notice or other document is required to be sent to the Director under this Act, the Director may accept a copy of it if it meets the Director’s requirements established under this Act.

Exception, certain applications

(2)  Subsection (1) does not apply to applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Director.

Endorsement or issuance by Director

(4)  An endorsement or issuance by the Director under this Act in respect of a notice or other document, including applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

3 The Act is amended by adding the following section:

Signatures

16.5  For greater certainty, in respect of requirements under this Act respecting the signing of applications and other documents filed with the Director, any applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

4 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

16.6  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

5 (1)  Clause 24.4 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for corporations filing applications and other documents and other forms approved under section 24.2, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

(2)  Clause 24.4 (1) (k) of the Act is repealed and the following substituted:

  (k)  specifying a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Director, and if this Act specifies requirements respecting original documents filed with the Director, specifying and governing a type of copy that may be filed with the Director instead of an original;

6 The Act is amended by adding the following section:

Requirements established by the Director

24.5  (1)  The Director may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which applications and other forms prescribed under section 24.1 or 24.2 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing applications, other documents and other forms prescribed under section 24.1 or 24.2 and supporting documents, other than by signing them, and establishing rules respecting those methods;

  (c)  if this Act specifies requirements respecting the signing of applications and other documents filed with the Director, specifying and governing alternative requirements for their signing or providing that signing is not required;

  (d)  specifying requirements for corporations filing applications and other forms prescribed under section 24.1 or 24.2, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

  (e)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Director, and if this Act specifies requirements respecting original documents filed with the Director, specifying and governing a type of copy that may be filed with the Director instead of an original.

Non-application of Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Director under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Definition

(4)  In this section,

“electronic signature” has the same meaning as in the Business Corporations Act.

Repeal

(5)  This section is repealed on the day section 104 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

Commencement

7 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 2 comes into force on the day section 99 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(3)  Section 4 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(4)  Section 5 comes into force on the day section 104 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

 

SCHEDULE 11
Limited Partnerships Act

1 The Limited Partnerships Act is amended by adding the following section:

Accepting copy of notice or other document

35.1.1  (1)  Where a notice or other document is required to be sent to the Registrar under this Act, the Registrar may accept a copy of it if it meets the Registrar’s requirements established under this Act.

Exception, certain declarations

(2)  Subsection (1) does not apply to declarations filed by in-person delivery or mail unless, under this Act, the Registrar permits a copy of such declarations to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Registrar.

Issuance by Registrar

(4)  An issuance by the Registrar under this Act in respect of a notice or other document, including declarations, is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Repeal

(5)  This section is repealed on the day subsection 126 (1) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

2 Section 35.2 of the Act, as re-enacted by subsection 126 (1) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017, is repealed and the following substituted:

Accepting copy of notice or other document

35.2  (1)  Where a notice or other document is required to be sent to the Registrar under this Act, the Registrar may accept a copy of it if it meets the Registrar’s requirements established under this Act.

Exception, certain declarations

(2)  Subsection (1) does not apply to declarations filed by in-person delivery or mail unless, under this Act, the Registrar permits a copy of such declarations to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Registrar.

Issuance by Registrar

(4)  An issuance by the Registrar under this Act in respect of a notice or other document, including declarations, is deemed to comply with requirements under this Act for issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

3 The Act is amended by adding the following section:

Signatures

35.2.1  For greater certainty, in respect of requirements under this Act respecting the signing of declarations and other documents filed with the Registrar, any declarations and other documents that meet the Registrar’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

4 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

35.2.2  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

5 (1)  Clause 36 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for limited partnerships or other persons filing declarations and other forms approved under section 35.3, whether electronically or by another method,

         (i)  to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, in paper or electronic format at,

               (A)  the limited partnership’s principal place of business in Ontario, or

               (B)  the address of the limited partnership’s attorney and representative set out in the declaration filed under subsection 25 (1) and stated in the power of attorney executed under subsection 25 (4), if the limited partnership is an extra-provincial limited partnership that does not have a principal place of business in Ontario, and

        (ii)  if required by notice from the Registrar, to provide a copy of the executed version, including records related to an electronic signature, to the Registrar within the time period set out in the notice;

(2)  Clause 36 (1) (k) of the Act is repealed and the following substituted:

  (k)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Registrar;

6 The Act is amended by adding the following section:

Requirements established by the Registrar

37 (1)  The Registrar may establish requirements in respect of filings made by in-person delivery, mail or by a method specified under the Alternative Filing Methods for Business Act, 2020,

  (a)  specifying whether and which declarations and other forms prescribed under section 35.2 or 36 and supporting documents must be signed, specifying requirements respecting their signing, and governing the form and format of signatures, including establishing rules respecting electronic signatures;

  (b)  specifying and governing methods of executing declarations, other forms prescribed under section 35.2 or 36 and supporting documents, other than by signing them, and establishing rules respecting those methods;

  (c)  if this Act specifies requirements respecting the signing of declarations or other documents filed with the Registrar, specifying and governing alternative requirements for their signing or providing that signing is not required;

  (d)  specifying requirements for limited partnerships or other persons filing declarations and other forms prescribed under section 35.2 or 36, whether electronically or by another method,

         (i)  to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, in paper or electronic format, at,

               (A)  the limited partnership’s principal place of business in Ontario, or

               (B)  the address of the limited partnership’s attorney and representative set out in the declaration filed under subsection 25 (1) and stated in the power of attorney executed under subsection 25 (4), if the limited partnership is an extra-provincial limited partnership that does not have a principal place of business in Ontario, and

        (ii)  if required by notice from the Registrar, to provide a copy of the executed version, including records related to an electronic signature, to the Registrar within the time period set out in the notice;

  (e)  specifying and governing a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Registrar.

Non-application of the Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement established by the Registrar under subsection (1).

Conflict

(3)  If there is a conflict between a requirement established under this section and a regulation made under this Act, including any requirement required by a form that is prescribed or required under this Act, the requirement established under this section prevails to the extent of the conflict.

Definition

(4)  In this section,

“electronic signature” has the same meaning as in the Business Corporations Act.

Repeal

(5)  This section is repealed on the day section 127 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

Commencement

7 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 2 comes into force on the day subsection 126 (1) of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

(3)  Section 4 comes into force on the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

(4)  Section 5 comes into force on the day section 127 of Schedule 6 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

 

SCHEDULE 12
MÉtis Nation of Ontario Secretariat Act, 2015

1 Section 4 of the Métis Nation of Ontario Secretariat Act, 2015 is amended by adding the following subsection:

Exception, 2020 election

(3)  Despite subsection (1), the election scheduled to be held in 2020 shall be held no later than the 90th day after the date on which the emergency declared by Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act is terminated or disallowed.

Commencement

2 This Schedule is deemed to have come into force on March 17, 2020.

 

SCHEDULE 13
Notaries Act

1 (1)  Subsection 2 (1) of the Notaries Act is repealed and the following substituted:

Requirements for appointment

(1)  Any person, other than a barrister or solicitor, who wishes to be appointed a notary public,

  (a)  is subject to examination in regard to his or her qualification for the office by a judge of the Superior Court of Justice in the area in which he or she resides, or by a public servant employed for the purpose under Part III of the Public Service of Ontario Act, 2006; and

  (b)  shall not be appointed a notary public without a certificate from the judge or public servant referred to in clause (a) that he or she has examined the applicant and finds him or her qualified for the office.

(2)  Section 2 of the Act, as amended by subsection (1), is repealed and the following substituted:

Requirements for appointment

2 A person, other than a licensee under the Law Society Act, may not be appointed as a notary public unless the person meets the requirements specified by the regulations made under this Act for determining the person’s qualification for the office.

2 Sections 3 and 4 of the Act are repealed and the following substituted:

Powers

3 (1)  Subject to subsection (2), a notary public may,

  (a)  witness or certify, and attest, the execution of a document;

  (b)  certify and attest a true copy of a document;

  (c)  exercise the powers of a commissioner for taking affidavits in Ontario; and

  (d)  exercise any other powers and perform any other functions specified by the regulations made under this Act.

Restriction

(2)  The powers a notary public, other than a notary public who is a licensee under the Law Society Act, may exercise under subsection (1) are subject to any restrictions that may be imposed in the notary public’s appointment or reappointment that limit the territory and cases in which he or she may exercise his or her powers.

Not in person

(3)  Despite any requirement in law to exercise his or her powers in a person’s physical presence, if the regulations made under this Act so provide and the conditions set out in the regulations are met, a notary public may, in accordance with the regulations, exercise his or her powers without being in the person’s physical presence.

When seal not needed

(4)  If a notary public is authorized by an Act to administer oaths or to take affidavits or declarations in Ontario, it is not necessary to the validity of any such oath, affidavit or declaration that the notary public affix his or her seal.

3 Subsections 5 (1) and (2) of the Act are repealed and the following substituted:

Expiry of appointments

(1)  The appointment of a notary public expires three years after the day on which he or she was appointed or at the end of such other period as may be specified by the regulations made under this Act.

Non-application

(1.1)  Subsection (1) does not apply to a notary public who,

  (a)  is a licensee under the Law Society Act; or

  (b)  was appointed as a notary public before July 1, 1963.

Same, transition

(1.2)  In the case of the appointment of a person licensed under the Law Society Act to provide legal services in Ontario,

  (a)  clause (1.1) (a) applies only with respect to appointments made on or after the day section 3 of Schedule 13 to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force; and

  (b)  if the person applies for an appointment on or after the day section 3 of Schedule 13 to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force, any prior appointment of the person as a notary public that is in force immediately before the day the appointment applied for is made is deemed to expire on that day.

Reappointment

(2)  A person whose appointment as a notary public expires may be reappointed for one or more periods of three years or such other period as may be specified by the regulations made under this Act.

4 Subsection 6 (2) of the Act is amended by striking out “subsection 2 (2)” and substituting “subsection 3 (2)”.

5 (1)  Subsection 7 (1) of the Act is amended,

  (a)  by striking out “is licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor” and substituting “is a licensee under the Law Society Act”; and

  (b)  by striking out “relicensed under the Law Society Act to practise law in Ontario as a barrister and solicitor” and substituting “relicensed under the Law Society Act”.

(2)  Section 7 of the Act is amended by adding the following subsections:

Same, transition

(1.1)  In the case of the appointment of a person licensed under the Law Society Act to provide legal services in Ontario, subsection (1) applies only with respect to appointments made on or after the day subsection 5 (2) of Schedule 13 to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force.

.     .     .     .     .

Delegation

(4)  The Attorney General may, in writing, delegate the power conferred by subsection (2) to a public servant employed under Part III of the Public Service of Ontario Act, 2006.

6 Section 8 of the Act is repealed and the following substituted:

Regulations

Lieutenant Governor in Council

8 (1)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing fees payable to a notary public under this Act and requiring their payment;

  (b)  for the purposes of clause 3 (1) (d), specifying powers and functions that a notary public may exercise and perform;

  (c)  for the purposes of subsection 3 (3), providing that a notary public may exercise powers without being in a person’s physical presence, specifying conditions that must be met in order to be able to do so, and governing the exercise of the powers without being in the person’s physical presence;

  (d)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Attorney General

(2)  The Attorney General may make regulations,

  (a)  specifying requirements for the purposes of section 2, and governing such requirements;

  (b)  prescribing fees payable to the Crown under this Act and requiring their payment;

  (c)  exempting any person or class of persons from paying any or all of the fees prescribed under clause (b);

  (d)  prescribing a period of appointment for the purposes of subsection 5 (1) or a period of reappointment for the purposes of subsection 5 (2).

Commencement

7 (1)  Subject to subsection (2), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Subsection 1 (2) and sections 2 to 6 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

SCHEDULE 14
Not-For-Profit Corporations Act, 2010

1 Section 204 of the Not-for-Profit Corporations Act, 2010 is repealed and the following substituted:

Accepting copy of notice or other document

204 (1)  If a notice or other document is required to be filed with or given to the Director under this Act, the Director may accept a copy of it if it meets the Director’s requirements established under this Act.

Articles and applications

(2)  Subsection (1) does not apply to articles or applications filed by in-person delivery or mail unless, under this Act, the Director permits a copy of such articles or applications to be filed instead of the original.

Copy deemed original

(3)  A copy referred to in subsection (1) is deemed to satisfy any requirements under this Act for an original to be sent to the Director.

Endorsement or issuance by Director

(4)  An endorsement or issuance by the Director under this Act in respect of a notice or other document, including articles and applications, is deemed to comply with requirements under this Act for endorsement or issuance if it complies, with necessary modifications, with all the requirements of this Act other than any requirements respecting originals, duplicates and number of documents.

Signatures

204.0.1  For greater certainty, in respect of requirements under this Act respecting the signing of articles, applications and other documents filed with the Director, any articles, applications and other documents that meet the Director’s requirements established under this Act are deemed to satisfy any requirements for a signature under this Act.

2 The Act is amended by adding the following section:

Documents filed under Alternative Filing Methods for Business Act, 2020

204.0.2  Documents filed by a method specified under the Alternative Filing Methods for Business Act, 2020, as it read immediately before it was repealed, are deemed to have been filed by in-person delivery or mail for the purposes of this Act.

3 (1)  Clause 210.2 (1) (g) of the Act is repealed and the following substituted:

  (g)  specifying requirements for corporations filing articles, applications and other forms approved under section 210, whether electronically or by another method, to keep a properly executed version of them, including records related to an electronic signature if signed by electronic signature, at the registered office in paper or electronic format and, if required by notice from the Director, to provide a copy of the executed version, including records related to an electronic signature, to the Director within the time period set out in the notice;

(2)  Clause 210.2 (1) (k) of the Act is repealed and the following substituted:

  (k)  specifying a type of copy, including a type of copy of a court order or other document issued by the court, that may be filed with the Director, and if this Act specifies requirements respecting original articles, applications and other documents filed with the Director, specifying and governing a type of copy that may be filed with the Director instead of an original;

Cutting Unnecessary Red Tape Act, 2017

4 Section 49 of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

Commencement

5 (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.

(2)  Section 1 comes into force on the day section 204 of the Not-for-Profit Corporations Act, 2010 comes into force.

(3)  Section 2 comes into force on the later of the day section 9 of Schedule 1 (Alternative Filing Methods for Business Act, 2020) to the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 comes into force and the day that subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.

(4)  Section 3 comes into force on the day section 56 of Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 comes into force.

 

SCHEDULE 15
Succession Law Reform Act

1 Section 51 of the Succession Law Reform Act is amended by adding the following subsection:

Same

(1.1)  A designation under clause (1) (a) may be provided electronically in accordance with the Electronic Commerce Act, 2000.

Pension Benefits Act

2 Subsection 30.1.1 (1) of the Pension Benefits Act is amended by striking out “Despite anything to the contrary in the Succession Law Reform Act, an administrator” at the beginning and substituting “An administrator”.

Commencement

3 This Schedule comes into force on the day the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 receives Royal Assent.