When must our Ontario condo hold its AGM?

The rule

Section 45(2) of the Condominium Act, 1998 sets two deadlines in one sentence:

“The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation.” — s. 45(2)

So a new corporation holds its first AGM within three months of registration, and every corporation then holds one within six months of each fiscal year end. The deadline is for holding the meeting. The notices have to go out well before it.

How Ontario counts six months

The Legislation Act, 2006 decides it, not the calendar. Section 89(6) counts the months from the year end, leaving out the month the year end falls in, and the period ends on the day in the last month with the same number, or on that month’s last day if it has no such day. Three consequences catch boards:

• December 31 year end: June has no 31st, so the AGM deadline is June 30.
• June 30 year end: December has a 30th, so the deadline is December 30, not December 31.
• August 31 year end: February has no 31st, so the count lands on the last day of February. In 2027 that is a Sunday, and s. 89(1) extends a time limit that would expire on a holiday to the next day that is not one. Sunday is a holiday under s. 88(2), so the deadline becomes Monday, March 1, 2027. Saturday is not a holiday, so a Saturday deadline stands.

Working back to the notices

An AGM is a meeting of owners, so every notice rule in s. 47 applies to it:

• Notice of meeting: at least 15 days before the day of the meeting (s. 47(1)(b)).
• Preliminary notice: at least 20 days before the notice of meeting (ss. 45.1(1), 47(1)(c)). In practice that puts it at least 35 days before the meeting.
• Record date: the notice of meeting goes to the owners and mortgagees who appeared, or were required to appear, in the s. 46.1 record 20 days before the day of the meeting (s. 47(2)).
• Financial statements: the corporation attaches a copy of the financial statements and the auditor’s report to the notice of the AGM (s. 69(2)), and the board places them before the meeting (s. 69(1)). The audit has to be finished in time for that.

Section 89(3) of the Legislation Act counts the days between two events by leaving out the first day and including the second, even where the Act says “at least”. A notice of meeting sent on June 15 for a June 30 meeting has exactly 15 days. This calculator counts the same way. It does not move a send-by date for a holiday: those are the latest safe days, and sending earlier never hurts.

Our fiscal year ends December 31, 2026. When is our AGM deadline?

Wednesday, June 30, 2027. Working back from that date, the notice of meeting must go out by Tuesday, June 15, the preliminary notice by Wednesday, May 26, and the record date for the notice is Thursday, June 10.

Is the deadline six months or 180 days?

Six months, counted under s. 89(6) of the Legislation Act, 2006. It lands on the same day number six months later, or on the last day of the month if that month is shorter. That is not the same as 180 days.

When is the first AGM due for a new condominium?

Not more than three months after the declaration and description are registered (s. 45(2)), counted the same way. Choose the first AGM option above and enter the registration date. The turn-over meeting under s. 43 is a separate meeting with its own clock.

Can we hold the AGM online?

Subject to your by-laws, a meeting of owners may be held entirely or partly by telephonic or electronic means, as long as everyone entitled to attend can reasonably participate (s. 45(6) to (8)). The notice deadlines do not change.

What if we miss the six months?

The Act sets the deadline but this tool cannot tell you the consequences for your corporation. Hold the meeting as soon as you can and talk to a condominium lawyer if owners are pressing the point. Owners can also requisition a meeting under s. 46; the requisition threshold checker covers that.

Is this legal advice?

No. It is general information based on the legislation, verified against the sources linked above. Your by-laws may change how meetings are held, so read them alongside this.