Bylaw 8: Electronic Voting and Attendance at Meetings Bylaw

WHEREAS:

1. Section 52(1)(b)(iii) of the Condominium Act, 1998, S.O. 1998, c.19, together with any regulations made thereunder and any amended or successor legislation (the "Act") provides that votes taken at meetings of unit owners may be cast by a recorded vote that is indicated by telephonic or electronic means, if the Corporation's by-laws so permit;
2. Section 52(1.1) of the Act defines "telephonic or electronic means" as any means that uses the telephone or any other electronic or other technological means to transmit information or data, including telephone call, fax, e-mail, automated touch-tone telephone system, computer or other electronic networks;
3. Section 56(1)(c.1) of the Act provides that a board may, by by-law, govern the methods of holding a recorded vote under section 52(1)(b) of the Act and the procedure to be utilized for same; and
4. The Corporation's Board has determined that it is desirable for the Corporation to permit an Owner to participate and vote by electronic means as if the Owner were otherwise in attendance and able to participate at the meeting.

NOW THEREFORE BE IT ENACTED as a By-Law of the Corporation as follows:

1. The terms used in this By-Law shall have the same meanings as in the Act unless stated otherwise. The term "meeting" shall include "Electronic Meeting", as defined below.

2. Notwithstanding any provision in the Corporation's By-Laws with respect to the methods permitted for calling and holding a meeting of Owners, whether passed prior or subsequent to this By-Law, the Board may, by resolution determine that a meeting may be held, entirely or partially, by means of teleconference, video conference, other telephonic and/or electronic means that permits the opportunity for Owners to participate concurrently during the meeting ("Electronic Meeting"). Where an Electronic Meeting is called, the Board shall establish by resolution, the procedures and protocols for the conduct thereof including, without limitation, the procedures for registration, attendance, participating ("Virtual Attendance"), beyond those noted therein.

3. A person shall be deemed to be "in person" if present via telephone or electronic means for the purposes of the Act. However, the Board will have the discretion to outline the conditions to be met to effect attendance. The Chair will be authorized to make such further interpretations in its discretion as chair.

4. Notwithstanding any provision in the Corporation's By-Laws with respect to the methods permitted for voting at a meeting of Owners, the Board may, by resolution determine that votes for all questions proposed for consideration of the Owners at a meeting of owners may be cast by a show of hands, personally or by proxy, or a recorded vote that is: (i) marked on a ballot cast personally or by a proxy; (ii) marked on an instrument appointing a proxy, including electronic proxies; or (iii) indicated by telephonic or electronic means if the Board, by resolution, makes available to owners a medium that Owners can use to do so (the "E-Voting") beyond those noted therein.

5. Votes cast through an E-Voting shall be equated to a ballot as if said ballot was submitted in person (the "E-ballot") for the purpose of any vote conducted at the meeting at which the E-ballot was cast.

6. The E-ballot shall not be cast in advance of the meeting unless the Owner is later able to rescind the E-ballot at any time prior to the meeting being called to order. An E-ballot cast in advance of the meeting does not preclude the Owner from otherwise attending and participating at the meeting in person, by proxy or through Virtual Attendance.

7. It is the duty of each Owner to ensure that only the Owner of a unit may cast an E-ballot. No other person, unless authorized by proxy, shall cast E-ballots on behalf of an Owner.

8. In the event of a contested vote, and only if directed by subsequent court or tribunal order, which court or tribunal shall have jurisdiction to do so, the E-Voting system shall produce an audit trail confirming the E-ballot and attendance to a specific Owner.

9. The Chair shall act in good faith.

10. Each of the provisions of this by-law shall be deemed independent and severable, and the invalidity or unenforceability in whole or in part of any one or more of such provisions shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of such provisions and, similarly, the invalidity or enforceability in whole or in part of any part of any provisions shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of such provision.

11. Failure to exercise any of the rights, powers or remedies hereunder or any delay to do so shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise, or the exercise of any other right, power or remedy.

12. This By-Law or any part hereof may be varied, altered or repealed by a by-law passed in accordance with the provisions of the Act and the Corporation's Declaration.

13. If any provision in this By-Law is inconsistent with the provisions of the Act or the Declaration, the provisions of the Act and Declaration shall prevail and the By-Law shall be deemed to be amended accordingly. In the case of a conflict between this By-Law and the Rules of the Corporation, the provisions of this By-Law shall prevail, and the Rules shall be deemed to be amended accordingly.

14. Whenever required by context, the use of the singular in this By-Law shall be construed to include the plural and the use of the plural shall be construed to include the singular. The use of any gender shall include all genders.

15. Any references to a section or sections of the Act in this By-Law (or in any by-laws or rules hereafter enacted by the Corporation) shall be read and construed as a reference to the identical or similarly appropriate section or sections (as the case may be) or any successor legislation to the Act.

IN WITNESS WHEREOF, the Corporation has affixed its corporate seal attested by the hand of its duly authorized officers this ___ day of __________, 20__.

The foregoing by-law is hereby enacted as By-law No. 8 of Toronto Standard Condominium Corporation No. 1431, said by-law having been passed by the board of directors on the ___ day of __________, 20__, and duly approved by the owners of a majority of the units of the Corporation voting in favour of confirming it on the 9^th day of February, 2021, without variation, pursuant to the provisions of the Condominium Act, 1998, S.O. 1998, c.19.

DATED this ___ day of __________, 20__.
TORONTO STANDARD CONDOMINIUM CORPORATION NO.1431