Saskatchewan has now confirmed that its non-profit organizations, condominium corporations, co-operatives, and new generation co-operatives are able to hold their annual general meetings ("AGM") by telephone, video conference, or other electronic means provided that certain conditions are met.
This is great news for Saskatchewan organizations that have been grappling with the appropriate interpretation of their governing legislation on this point while working to continue their important operations in the midst of public gathering restrictions created by COVID-19.
In particular, the Lieutenant Governor of the Province of Saskatchewan approved amendments to The Non-profit Corporations Regulations, 1997, The Condominium Property Regulations, 2001, The Co-operatives Regulations, 1998, and The New Generation Co-operatives Regulations confirming that unless the articles or bylaws of an organization provide otherwise, an organization can hold its member meetings by telephone, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting.
Further guidance is expected from the Government of Saskatchewan and we will provide an update as that becomes available.
Organizations will still be required to ensure that any virtual member meetings are conducted in accordance with their governing legislation and constating documents, which will involve appropriate planning and a myriad of practical considerations. The MLT Aikins team has advised a number of organizations in this area and we would be pleased to assist you with any questions you may have relating to virtual AGMs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.