The proposed changes amend the Ontario Corporations Act ("OCA") to specifically allow electronic notice of meetings of members and for the actual meeting of members to be conducted electronically. Although some Ontario not for-profits have been holding electronic meetings, this is currently not specifically authorized by the OCA. An electronic meeting can be held by telephone, computer or other electronic means. If an Ontario not for-profit does not want to allow electronic notices or electronic meetings it will need to amend its by-laws to prohibit electronic notices and meetings. Other proposed amendments to the OCA will allow the receipt, filing, keeping and searching of documents in electronic format.
he provincial governments in Canada are slowly beginning to reopen the doors to the economy. Even in these early stages, many employers are starting to make plans for reopening their own doors and considering how to do so safely.
Having a rational and documented plan in place for reopening will be necessary to ensure a smooth transition back to work
A comprehensive chart of Return to work resources for employers from the World Health Organization, Center for Disease Control, the Canadian Federal Government and each provincial government and provincial health can be found online.
Identify the legal requirements that apply to the business and lay these out. Prescriptive requirements and applicable legal obligations can be found in sources including;
1. Orders issued under emergency management legislation including orders regarding essential businesses and operational requirements;
2. Orders and guidance issued under public health legislation;
3. Occupational health and safety legislation
4. Occupiers’ liability legislation;
5. Other regulatory requirements applicable to a particular business or industry.
Create custom incorporation documents and organizational records indicating shares/shareholders/officers & directors
Modernize documents to reflect your business arrangement and future business requirements
Create the ability to allow your business to adapt to changing environments
Advise in all social media platforms and assisting in there commercial arrangements
In an increasingly paperless world, documents are safely stored and organized on our secured cloud servicers.
The intangible assets of a business are often as valuable (and sometimes more valuable) than its tangible assets.
Pettle Law can draft customized business commercial agreements that fit the details required.
Pettle Law can assist in the incorporation of yourself as a professional and assist you in applying for a Certificate of Authorization from your respective college.
Pettle Law can assist you in settling business disputes between partners, shareholders and/or employees.
Pettle Law can help retail operators acquire the ROL and/or their RSA in addition to assisting commercial producers in obtaining their Mirco or Production Licence.
On May 12, 2020, the Government of Ontario passed legislation which amends numerous Ontario business laws in an effort to allow businesses to continue to operate while complying with both physical distancing guidelines and legal requirements.
The amendments offer much needed flexibility to businesses by providing for the calling and holding of virtual meetings, the deferral of annual meetings, the use of electronic signatures as well as the electronic filing of documents with the Ministry of Government and Consumer Services.
Each of the Business Corporations Act (OBCA), Co-operative Corporations Act (CCA), Condominium Act, 1998 (Condo Act) and Corporations Act have been temporarily amended to allow corporations to call and hold virtual meetings and to defer their annual meetings by extending the time period in which corporations must hold their annual meetings (in certain circumstances). These amendments, which reflect the relief originally provided under the Emergency Management and Civil Protection Act (Ontario) on April 24, 2020, come as welcome news for corporations looking ahead to their annual meetings while navigating these uncertain times. These amendments are retroactive to March 17, 2020.
Document Copies, Electronic Signatures, and Electronic FilingsThe OBCA, Business Names Act, CCA, Corporations Information Act, Corporations Act, Limited Partnerships Act, and Extra-Provincial Corporations Act have each been amended to help businesses avoid in-person contact and maintain physical distancing.Important changes to these Acts include:
Businesses across Canada has struggled to manage the fallout from Covid-19, e-commerce looks to be one area of commercial activity position to remain in strong demand.
Canada is known for its flexible and technology-friendly approach to the document signing process. But unlike a majority of countries worldwide, Canada is a federation that consists of 10 provinces and three territories.This means that both federal and provincial law regulates eSignatures. Contract law in Canada is provincial, so the validity of each agreement reached between two or more parties (unless they are regulated federally) is governed by the law of each province.
On the federal level, the use of eSignatures was officially endorsed by the Personal Information Protection and Electronic Documents Act (PIPEDA). The act became in effect in 2004. According to the law, each kind of eSignature is equivalent to a physical one and are fully court-admissible. Each company operating in the Canadian market is free to use both digital and paper documents — the law recognizes them as equally valid. However, PIPEDA has reiterated the explicit requirements for an electronic signature to be secure. According to them, an eSignature should be:
Yes, eSignature laws allow signing documents without ink and pen with additional amendments to various acts such as Business Corporations Act, Limited Partnership Act, Corporation Information Act and others with the enactment of the Alternative Filing Methods for Business Act, 2020.
Yes, you can provide a digital document signed electronically as evidence in court as well as a paper one.
You can’t just draw an “X” or another kind of icon to sign your document. Marks like these can’t be identified as unique and can’t prove your identity.
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