The Government of Ontario has passed an amendment to Regulation 965 under the Public Hospitals Act, permitting the Minister of Health to direct that a hospital’s annual meeting be held at a time other than as provided for in the Regulation, which requires meetings to be held between April 1 and July 31 of each year.
On May 15, 2020, the Minister of Health issued a memorandum to all Ontario public hospitals extending the deadline for hospitals to hold their annual general meetings until August 28, 2020. The Ministry of Health has also extended the deadline to submit Board-Approved Audited Financial Statements to August 28, 2020 to align with the extension around hospital annual general meetings.
Hospitals are reminded that they must comply with all other legislative and internal governance requirements for calling and holding annual general meetings, including notice and quorum. Annual general meetings may be held by electronic means (see our Health Communique of April 1, 2020 for additional details).
Following the annual general meeting, hospitals are required to update the officers and directors listed on the public record through their annual return filing with the Ministry of Government and Consumer Services (“MGCS”). On May 12, 2020 the Government of Ontario passed COVID-19 Response and Reforms to Modernize Ontario Act, 2020 enacting the Alternative Filing Methods for Business Act, 2020 to allow for certain documents required or permitted to be filed in-person or by mail under the Corporations Information Act, including the annual return, to instead be filed by electronic means, as well as allowing for electronic signatures and copies of documents to be filed, instead of originals. In addition to the Alternative Filing Methods for Business Act, 2020 the MGCS has also issued a Notice on Filing Methods and Requirements providing additional information on document filing methods and requirements and permitting filing of documents by e-mail or fax.
The Miller Thomson Health Industry Group remains available to support public hospitals with annual general meeting planning as well as electronic filing of annual returns.
Miller Thomson is closely monitoring the COVID-19 situation to ensure that we provide our clients with appropriate support in this rapidly changing environment. For articles, information updates and firm developments, please visit our COVID-19 Resources page.