Form 11

Condominium Act. 1998

CERTIFICATE IN RESPECT OF A BY-LAW

(under subsection 56(9) of the Condominium Act, 1998)

Essex Condominium Corporation No. 17 (known as the `Corporation") certifies that:

1. The copy of By-law No. 9, attached as Schedule A, is a true copy of the By-Law.

2. The By-Law was made in accordance with the Condominium Act, 1998.

3. At a meeting called to vote on the By-Law, the Owners of a majority of the units of the Corporation participating in the meeting have voted in favour of confirming the By-law.

1. WHEREAS Section 56(1)(q) of the Act and Section 14(0.1)(q) of Ont. Reg. 48/01 provide that the Board of Directors may enact a by-law governing the manner in which an owner or a mortgagee may be present at a meeting of owners;

2. AND WHEREAS Section 52(1)(b)(iii) of the Condominium Act, 1998, as amended (the "Act") authorizes voting at meetings of unit owners by a recorded vote that is indicated by telephonic or electronic means, if the by-laws so permit;

3. AND WHEREAS 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 calls, fax, e-mail, automated touch-tone telephone system, computer or computer networks;

4. AND WHEREAS Section 56(1)(c.1) of the Act provides that the Board of Directors may authorize, by by-law, the methods permitted for holding a recorded vote;

5. AND WHEREAS notwithstanding an electronic voting system, section 50(2) of the Act requires that, in order to count toward quorum, an owner must be present at the meeting or represented by proxy;

6. AND WHEREAS the Board of Directors have determined it is desirable to permit owners to attend owners meetings and vote by electronic means;

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

1. For the purposes of this by-law, "telephonic or electronic means" shall mean any means that uses the telephone or any other electronic or other technological means to transmit information or data, including telephone calls, fax, e-mail, automated touch-tone telephone system, computer or computer networks, or as the relevant provisions of the Act may increase or restrict such options.

2. The Corporation may elect to hold any meeting of owners and any owner or mortgagee or a person holding a valid proxy for an owner or mortgagee may be permitted, in the sole discretion of the Board, to take part in a meeting of owners by any telephonic or electronic means that the Corporation makes available for that purpose, provided that such means allow each owner, mortgagee or person so attending:

1. to be identified to the chair of the meeting;

2. to hear the proceedings of the meeting;

3. to be heard by the other persons in attendance (whether present in person or also by telephonic or electronic means); and

4. an owner or mortgagee or proxy holder making use of such means for the stated purposes shall be deemed to be present at the meeting for all purposes under the Act including counting toward quorum at the meeting.

3. Notwithstanding any provision in the Corporation's by-laws with respect to the methods permitted for holding a vote or a recorded vote, 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 by 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 if the Corporation makes available to owners a medium by which owners are able to cast a recorded vote by telephone or electronic means (the "e-voting system").

4. The Corporation may implement an e-voting system provided that any such system shall provide as follows:

1.  Votes cast by electronic voting shall be deemed a ballot (the "e-ballot") for the purpose of any vote conducted at the meeting at which the e-ballot was cast.

    

2.  The e-voting system shall set forth each question proposed for consideration that will be the subject of a vote at a meeting of owners, including the opportunity to vote in favour or against each questions and/or in favour of each candidate for the election to the Board of Directors.

    

3.  The e-ballot is valid only for one meeting of the owners, and/or any renewal of that meeting, and expires automatically after the completion of the meeting of owners.

    

4.  Only an owner of a unit may cast an e-ballot and the e-voting system does not authorize another person to cast votes on behalf of the owner.

    

5.  The e-voting system shall authenticate the owner's identity.

    

6.  The e-voting system shall authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.

    

7.  The e-voting system shall separate any authentication or identifying information of the owner from the e-ballot, rendering it impossible to trace an e-ballot to a specific owner.

    

8.  The e-voting system shall produce an electronic receipt for each owner who casts an e-ballot, which shall include the specific vote cast, and the date and time of submission (the "Receipt"). The e-voting system will retain an electronic record of the time and date an owner casts the e-ballot.

    

9. An electronic report automatically generated by the e-voting system which tabulates votes may be relied upon and counted by the scrutineers and/or chairperson at a meeting of owners for the purpose of tabulating votes for all questions proposed for consideration of the owners at the meeting of owners (the "Electronic Voting Record").

10.  Each Receipt and the Electronic Voting Record shall be deemed to be a ballot for the purpose of the Corporation's obligation to maintain records in accordance with the Act. 

5. An owner or mortgagee who casts one or more votes by use of an e-voting system that meets the requirements of this by-law and that the Corporation has made available to owners in respect of a meeting, shall be deemed to be present at the meeting for all purposes under the Act including counting toward quorum at the meeting.

6. Nothing herein shall cause the Corporation to be obligated to make available an e-voting system or permit attendance at a meeting by any telephonic or electronic means. The provision or use of such systems for any meeting of the Corporation does not impose an obligation to continue to use or make available such systems for any further or other meetings.

The foregoing By-law No. 9 was duly passed at a regularly scheduled meeting of the Board of Directors of the Corporation held on the 29th day of October, 2020.

The Owners of a majority of the Units of the Corporation participating in the meeting have voted in favour of confirming the foregoing By-law No. 9 at a meeting duly called for that purpose on the 28th day of January, 2020.