When the Co-op Corporations Act in Ontario was updated in 2023, a number of changes were made. Your co-op's by-laws need to reflect these changes. So, there’s work ahead for the board of directors, staff and members to align your own by-laws with the recently revised Act – if you haven’t already done so.
Why did these changes happen?
COVID-19 pushed co-ops to conduct business virtually, moving governance and operations online. During the pandemic, co-ops adopted virtual meeting technology to continue to function, even with in-person restrictions. By 2021, most Ontario co-ops were comfortable holding virtual board and members meetings. The Emergency Act added a schedule to the Co-op Corporations Act that permitted virtual business operations, but its expiry in 2022 prompted the sector to rethink virtual participation and governance, leading to the 2023 changes to the Act.
What are the main changes?
These are the main changes that your co-op should be aware of:
Co-ops can hold electronic members' meetings.
Members can vote for directors in advance of the election meeting.
Members can give some legal notices to the co-op office electronically.
The co-op can give some legal notice to members electronically.
Co-op boards can pass motions by signature without a meeting.
What by-laws do we need to update or change?
You’ll need to update your co-op's occupancy and organizational by-laws to include the changes to the election procedures and to allow some co-op business to be conducted electronically. The good news is that your co-op doesn't have to start from scratch. Working with its sector partners and legal advisors, the Co-operative Housing Federation of Canada has developed model by-laws that your board and members can approve.
What should our co-op do to get started?
The resource section of CHF Cananda's website contains all the templates and instructions for adopting these new rules at your co-op. We encourage all Ontario Agency clients to make the required by-law changes a priority.
Include this work in your Action Plan!
If your co-op is part of the Rental Assistance Program, you can add adopting these new by-laws or amendments to your Action Plan. The Agency's Rental Assistance Team will happily help you update your plan to include this important work.