COVID-19 Bulletin No. 30: Toronto And Peel Region Returning To Lockdown

Updated on November 25^th 2020

Effective as of 12:01 a.m. Monday, November 23^rd 2020, Toronto and Peel Region have returned to lockdown until at least December 21^st 2020. The new restrictions have raised questions by many condominium corporations as to the impact it will have on the operation of business.

What businesses are deemed essential and may continue to operate during a lockdown?

Ontario Regulation 82/20: Rules for Areas in Stage 1 (“O. Reg. 82/20”), as amended, under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17 (the “Reopening Ontario Act”) mandates the closure of all non-essential businesses and places that are currently under Stage 1 of Ontario’s Re-Opening Plan.  Businesses and places that are deemed “essential” must operate under strict restrictions.

The following businesses, which have been deemed essential, may be applicable to condominiums:

• Construction activities or projects and related services that support construction activities or projects;
• Maintenance, repair and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings. If a Property Manager chooses to work from the office, they must follow all public health guidelines in that they ensure physical distancing is maintained and a mask is worn at all times;
• Security services for residences, businesses and other properties; and
• Laundromats can remain open but condominiums may want to consider implementing restrictions around how many occupants can use them, establish a schedule and increase cleaning.

Can condominiums continue to hold Board Meetings and AGMs in person?

The lockdown restrictions prohibit organized public events and social gatherings. It is recommended that all in-person meetings be suspended during the lockdown and instead, be held by videoconference or teleconference.

Ontario Regulation 541/20: Extension of Temporary Suspension Period (“O. Reg. 541/20”) under the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”) has authorised an extension to the temporary suspension period under the new Schedule to the Act to allow condominiums to hold AGMs virtually without the requirement of a by-law until May 31^st 2021. It is still recommended that a condominium corporation adopt a by-law allowing for virtual meetings and electronic voting to take place. It is important to note that while the exception period to allow virtual AGMs to proceed without a by-law has been extended, the deadlines for AGMs have not, this has remained the same since July 2020. Please see below a table outlining AGM deadlines for 2020 and 2021.

 *Deadline has passed

What services/amenities must be suspended during lockdown?

All indoor and outdoor fitness facilities must be closed, including swimming pools.

Open houses are prohibited during lockdown; however, properties can be shown to individuals on an appointment-only basis.

Please refer to our previous COVID-19 Bulletins on proper protocols and procedures to be implemented and followed by condominium corporations.

Please also ensure that you speak with your legal counsel if you do not already have COVID-19 protocols and policies in place to help manage the risk of transmission of the virus within your condominium community and require assistance with respect to drafting and/or implementing the same.

If you have any questions, please do not hesitate to contact anyone on our team:

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org

© Elia Associates Professional Corporation, All Rights Reserved