Ontario’s new Not-for-profit-Corporations Act (“ONCA”) is finally coming into effect on October 19, 2021, nearly a dozen fashionably-late years after it was first passed. The ONCA replaces an older act, the Ontario Corporations Act (“OCA”) which is over a century old and has become drastically outdated and out-paced by the more modern legislation modelled by […]
Holding Meetings during the Ontario State of Emergency
In light of the state of emergency,[1] corporations under the jurisdiction the Ontario Corporations Act (the”OCA”) are temporarily[2] being given more flexibility in holding their directors’ and members’ meetings. This is good news for non-profits and charities under the jurisdiction of the OCA who have looming deadlines to hold their AGMs or who have governing […]
ONCA: Ten Years Old and Unproclaimed
The Ontario Not-for-Profit Corporations Act (the “ONCA”), received royal assent in October 2010. After nearly ten years, it has neither been proclaimed into force nor been given an official date to be proclaimed into force. This limbo state is sometimes referred to as being “unproclaimed”, as the bill has passed but there is no official […]
Cutting Red Tape for NPOs and Charities – Changes to OCA
By: Karen Cooper On September 14, 2017 the Honorable Brad Duguid (irony?), Ontario’s Minister of Economic Development and Growth introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017, (“Bill 154”) as part of a government initiative to reduce red tape – red tape is an idiom that refers to excessive regulation or formal rules. Bill […]
Bill 154 & the ONCA – Two Steps Forward, One Step Back
By: Sylvie Lalonde Those of us who work in the not-for-profit sector have been eagerly waiting for some developments with respect to the Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”). On September 14, 2017, the Ontario government introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017, which contains the enabling legislation that will allow the […]
New Ontario NFP Act Delayed… Again
By Tanya Carlton On September 17, 2015, the Ontario Ministry of Government and Consumer Services quietly posted an update on its website in regards to the implementation of the Not-for-Profit- Corporations Act, 2010 (“ONCA”), the new governing legislation for charities and not-for-profits incorporated in Ontario. The ONCA has now been languishing in the legislature for […]
ONCA: Two Steps Forward, One Step Back
By Joel Secter The Ontario election called for June 12th has delayed proclamation of the Ontario Not-for-profit Corporations Act, 2010 (ONCA) yet again. You may recall a previous update when we reported that the ONCA could not come into force until a series of technical amendments to it and a multitude of other statutes were approved in […]
Taking the Path Less Travelled – Options Other Than Continuing
Taking the Path Less Travelled: Options Other than Continuing by Brent Randall There has been extensive discussion regarding the positive aspects of not-for-profit and charitable corporations continuing under the new Canada Not-for-profit Corporations Act. Most of the analysis focuses on perceived positive elements such as the clear rights afforded to members or the more streamlined […]
Continuing Under the New Ontario Not-For-Profit Corporations Act
Continuing under the new Ontario Not-for-Profit Corporations Act By Alexandra Tzannidakis Any readers involved with a not-for-profit that is incorporated under Ontario legislation should be aware that the law in this area is about to change. The current Ontario Corporations Act (OCA) hasn’t changed substantially in nearly 60 years, so the new Ontario Not-for-Profit Corporations […]
Taking the Path Less Travelled – Continuing Provincially
Taking the Path Less Travelled – Continuing Provincially By: Brent Randall Last month, we looked at some reasons why an organization may not want to continue under the new Canada Not-for-profit Corporations Act (“the CNCA”). We also considered the option of reorganizing the corporation as a charitable trust as a means to avoid being subject […]