As the FAQ says, Ontario government made changes in October 2023 to the Co-op Act which applies to Woodsworth and other housing co-ops. The Co-op Housing Federation of Canada prepared model bylaws and an FAQ with key points.
Note that the FAQ refers to Board elections, but the Bylaw and Election Committees have enhanced the model to work for our other elections as well. We hope that the Board can bring the Organizational Bylaw amendment about elections to the first general members’ meeting (GMM) so that the Election Committee can develop procedures for this year’s elections.
Why do we need to change the Organizational By-law?
The Co-operative Corporations Act was amended starting October 1, 2023. Co-op by-laws need to be updated to reflect the changes in the law.
What are the main changes in the Co-operative Corporations Act?
Subject to the co-op’s by-laws,
- 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 electronically.
- The co-op can give some legal notices to members electronically.
- Co-op boards can pass motions by signature without a meeting.
Is this related to the COVID-19 emergency?
Yes. Co-ops adopted some electronic practices during the pandemic. These were allowed by a temporary addition to the Co-operative Corporations Act. That addition expired on September 30, 2023. The amendments to the Act started at the same time.
What by-laws do we need to change?
The Organizational By-law and the Occupancy By-law.
ELECTING DIRECTORS
What is the main change in the By-laws?
The main change is how directors are elected. The new Models say that directors will be elected in the same way as MP’s, MPP’s and municipal councillors. Nominations will be submitted by a specified date. Each member can go to the co-op office or another place and mark their ballot and put it in a ballot box.
At the election meeting members who have not voted can put their ballots in the ballot box. The votes will then be counted and results announced.
What are the advantages of the new system?
Advance balloting allows members to vote if they can’t get to the meeting because of illness, because they are at work or for other reasons. The Human Rights Commission has said that members have a right to vote even if they cannot come to the meeting because of disability.
What about nominations from the floor?
This system does not permit nominations from the floor. People have to think in advance about whether they want to nominate someone or run themselves. They fill in a simple form to get on the ballot.
How do | get to know the candidates?
The by-law does not deal with this. The co-op can organize information meetings, written materials, and other ways to introduce the candidates.
Does our co-op have to adopt this system?
Each co-op must have a system for advance voting. The Co-op Act amendments say that members can vote on or before a members’ meeting. There is no statement that the by-laws can override this right.
BOARD OF DIRECTORS
Is there any change about telephone meetings of directors?
Yes. Before the new Act all directors had to consent. Now electronic meetings can be called even if one director objects. Also, they can be by any electronic equipment.
What about decisions outside of a formal meeting?
The board can now pass a motion or resolution with the signature of all directors—even if there is no meeting.
Does the Occupancy By-law need changes?
Yes. Directors, members and their lawyers can attend Notice to Appear meetings electronically. This may enable members to get less expensive legal advice.
Do we have to change the Notice to Appear forms?
The Electronic Occupancy By-law Amendment includes changes to the forms to give details about how to connect.
Do we have to pass an Organizational By-law amendment or new Organizational By-law in addition to the Occupancy By-law amendment?
Yes. Electronic Occupancy By-law Amendment depends on changes in every co-op’s Organizational By-law.
