ONCA came into force in October 2021. Ontario non-profits have had over 3 years to bring their articles and by-laws into compliance. Many Ontario non-profits were slow in making the changes and now there seems to be a backlog at the Ontario Ministry in dealing with non-profit articles and authorizations as many Ontario non-profits are now making the changes that are required.
In 2021, if you filed an Articles of Amendment, it would take a few days to be processed. Now, the Ontario government is taking up to 3 months to process Articles of Amendments. This delay also affects Restated Articles and Authorization to transfer out of Ontario.
Many Ontario non-profits have not even started the process of updating their articles and by-laws. It is important that Ontario non-profits bring their governing documents into alignment with ONCA. It is also important to realize that there can be significant delays in processing by the Ontario government. In addition, if you are a registered charity, you will need to obtain CRA approval for your purposes and CRA is also significantly delayed.
If you require assistance with updating your governing documents, please contact us.