Ontario non-profit corporations have two options in dealing with the transition:
1) Change governing documents, such as letters patent, supplementary letters patent and by-laws to conform with ONCA; or
2) Move from Ontario corporate jurisdiction to Federal corporate jurisdiction through a continuance from ONCA to the CNCA.
We don’t consider it advisable to “do nothing” and leave non-compliant governing documents in place which could create confusion or problems for your non-profit.
Whether bringing your Ontario non-profit into compliance with ONCA or moving to the CNCA, these corporate changes provide an important opportunity for non-profits and charities to take stock of their governance practices and policies and move over to modern acts. For Canadian registered charities, it is especially important to start the process earlier as you may need to obtain CRA approval for the objects you will be using. If you wish to retain our law firm, you can contact us.
Here is our new article 20 Ways We May Be Able To Help You With ONCA. It discusses ways in which our law firm may be able to assist non-profits in Ontario in dealing with the new Ontario Not-for-profit Corporations…
Here are a number of trends or compliance suggestions for charities over the next six months: If you are an Ontario corporation under the Ontario Corporations Act (OCA) (which is now 113 years old) – seriously consider transferring your organization’s…
Next year there will be slightly revised fees for certain services relating to the Canada Not-for-profit Corporations Act (“CNCA”) ie. the Federal non-profit corporate act. These changes will come into effect on January 15, 2020. I will discuss the mundane…
Even with the Ontario Not-for-Profit Corporations Act (“ONCA”) looming, we are still seeing recently incorporated non-profits that are set-up under the Ontario Corporations Act (“OCA”). Here is an article on some of the reasons why this is generally not a good…
There are over 50,000 Ontario non-profit corporations under the Ontario Corporations Act. With the Ontario Government’s recent announcement that the new Ontario Not-For-Profit Corporations Act (ONCA) is being targetted to be brought into force in 2020, these Ontario non-profit corporations…
When was the last time your Canadian registered charity reviewed its legal objects? Some employees and even directors of a Canadian registered charity have never even seen their legal objects! Some think that their mission statement on their website is…
The Canada Not-for-profit Corporations Act (“CNCA”) permits a not-for-profit corporation that is incorporated under another act (such as a provincial non-profit act) to continue (import) to the CNCA provided that the other act permits the continuance. This allows a not-for-profit corporation…
Corporations Canada has service standards for the Canada Not-for-profit Corporations Act (“CNCA”). For example, an online incorporation is 90% of the time done either the day of filing or the next day. Other incorporations are handled within 5…
For Ontario non-profit corporations the next few years will be challenging from a corporate law point of view. Here is our article “Fed up with ONCA yet? Consider skipping it altogether and moving to the Federal CNCA“. Furthermore, Blumbergs has…
It looks like ONCA may not even come into force until mid-2016 and perhaps 2017. It is difficult to know what will happen but the microfiche based record system for Ontario corporations and very outdated technology that Ontario currently uses…
We are now in February of 2015. ONCA has not moved forward since the Ontario election last year. It looks like ONCA may not even come into force until mid-2016 and perhaps 2017. It is difficult to know what will…
I recently filed a submission with the Ontario government entitled “Enhancing the ONCA Transition for Ontario non-profit corporations that are registered charities by reducing redundant regulatory review” Here is the text: There are over 50,000 Ontario non-profit corporations under the…
For many Ontario non-profit corporations under the Ontario Corporations Act (OCA) who don’t want to wait for the ONCA, which may or may not come into force in 2016, or want to carry out governance changes now, a continuance from…
Here is a recent article from Mark Blumberg and Kate Robertson entitled Ontario Corporations Don’t Need to Wait for the ONCA – Continuing from the OCA to Federal Jurisdiction. For many Ontario corporations who don’t want to wait for the ONCA which…
It looks like the new Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) will not come into force until July 2014 or perhaps in 2015. If one is considering establishing a new charity today and you are based in Ontario we would…
I recently received updated numbers from Industry Canada on the CNCA. they show some progress but a lot more needs to be done. Here is what Industry Canada told me: How many CCA corporations have moved over to the new…