New corporate non-profit acts

July 10, 2014

Canadian Charity Law Association webinars

The Canadian Charity Law Association is presenting some webinars.  For more information see: www.charitylawassociation.ca or https://www.facebook.com/CanadianCharityLawAssociation

read more

July 06, 2014

Number of continuances from the Canada Corporations Act to the CNCA

In October 2013 there were only 1800 continuances according to Industry Canada from the old CCA to the new CNCA.  That number has now jumped to  4175 corporations by May 31, 2014 and is probably higher over the last 5 weeks.   That being said there are about 19,000 Federal corporations and many clearly need to continue or face dissolution after October 17, 2014.  For registered charities dissolution will also eventually result in loss of registered charity status.   

read more

June 06, 2014

Ontario Ministry confirms delay of ONCA until 2016

The Ontario Ministry has provided an update on their website with respect to the Not-for-Profit Corporations Act, 2010 ("ONCA") under 'ONCA: Frequently Asked Questions" which indicates that the ONCA is not expected to come into force before 2016. Initially there were discussions that the ONCA may come into force in 2015 but it appears that this is no longer the case.

read more

May 30, 2014

Societies Act in Alberta is amended to allow continuances to/from other jurisdictions

On May 14, 2014, Alberta's Bill 12 - Statutes Amendment Act, 2014 received Royal Assent (it has not yet come into force). The Alberta Societies Act  which governs many not-for-profit corporations in Alberta is one of the statutes that was amended as a result of the Bill. There has been a significant amendment to the Societies Act which allows for not-for-profit organizations incorporated in Alberta to continue to other jurisdictions (such as the Federal Canada Not-for-profit Corporations Act (CNCA)) and allows for those not-for-profit organizations incorporated in other jurisdictions to continue in Alberta.

read more

May 06, 2014

Blurb from Ontario Non-profit Network (ONN)

Here is a blurb from the ONN May E-bulletin:   "Just how many nonprofits?!  It's amazing the number of calls and emails we received about this first-ever list of nonprofits in Ontario. What we know: there are 59,605 registered not-for-profit organizations in Ontario in this list, and likely more, including those registered nationally or in other provinces. While the list is not a searchable database yet, it's an important step forward, thanks to Mark Blumberg who got the list through Freedom of Information requests and made it public. ONN will continue to advocate for an online searchable database of registered nonprofits in Ontario- we hear you on how important this is for the sector-building and open data!"

read more

May 03, 2014

Ontario budget 2014, the call for an election and impact on the charity sector

The budget had a number of interesting proposals - perhaps my favourite was improving the pay of personal support workers (PSW).  Many who even wanted an election liked some of the aspects of the budget and hopefully one day some of the proposals can be revisited.  Some of the candidates views are night and day and I will let other hypothesize of the impact of different governments on society and the economy.   

read more

April 28, 2014

Blumbergs’ List of Canada Corporations Act non-profits that need to continue to the CNCA

Here is the Blumbergs' List of Canada Corporations Act non-profits that need to continue to the CNCA.  The federal government as part of its Open Data initiative provides a complete list of Federal corporations (for-profit and non-profit) in XML format.  We thought it might be helpful to look at which Canadian non-profits corporations are still under the old Canada Corporations Act (CCA) and may need to continue under the Canada Not-for profit Corporations Act (CNCA).

read more

April 22, 2014

Copy of notice from Industry Canada “transition now ... or risk dissolution”

Here is a notice from Industry Canada that they are sending to federal non-profit corporations under the Canada Corporations Act.  

April 19, 2014

Blumbergs’ Charity Legal Checklist

Here is an updated version of the Blumbergs Charity Legal Checklist.

read more

April 10, 2014

Industry Canada changes Federal Corporate Profile Reports to remind non-profits of CNCA continuance

Many Canadian non-profit corporations don't know about the Canada Not-for-profit Corporations Act (“CNCA”) which came into force in 2011 and requires that all existing Canada Corporations Act (CCA) non-profit corporations must transition to the CNCA by October 17, 2014.   Corporations that do not make the transition by the deadline will be assumed to be inactive and will be dissolved by Corporations Canada.  Industry Canada has indicated that the deadline will not be extended and that they will start sending out Notice of Pending Dissolution in October of 2014.  

read more

April 09, 2014

Bill 85 enters its Second Reading on Thursday in the Ontario Legislature

This Thursday, Bill 85 - An Act to amend various companies statutes and to amend other statutes consequential to the Not-for-Profit Corporations Act, 2010 will enter its Second Reading by the Ontario Legislature and then be referred to a Standing Committee. This Bill, which had its first reading on June 5, 2013, proposes some amendments to the Ontario Not-for-Profit Corporations Act ("ONCA").  This Bill is similar to the earlier version.   There has been a significant delay of the implementation of ONCA and passing this Bill will be an important step in moving the process forward.  

read more

March 29, 2014

Some nice comments on the recently disclosed list of Ontario non-profit corporations

I have received some very positive feedback on the disclosure of the list of Ontario non-profit corporations.   Here is the list.

read more

March 19, 2014

List of Ontario Non-Profit Corporations finally revealed for the first time

Here is a list of the Ontario non-profit corporations under the Ontario Corporations Act.  There are 59,605 Ontario corporations on the list.  The list is 1084 pages long.  Some of the Ontario corporations are active and some are inactive.  We think that it is important for organizations to be able to have a public list so that they can easily determine whether or not they are an Ontario corporation.  

read more

March 13, 2014

What will happen on October 17, 2014?

As some people know October 17, 2014 is the deadline set for Canada Corporations Act (CCA) non-profit corporations to move over to the new CNCA or face potential dissolution.   It will be 3 years from the date the CNCA  came into force.   Industry Canada has announced that they will start sending out notices after the October 17, 2014 deadline. 

read more

March 02, 2014

Time is not on your side – A Primer on the CNCA Continuance with Mark Blumberg

Federal non-profit corporations under the Canada Corporations Act (CCA) have until October 17 to continue/move over to the new CNCA.   Here is a short webinar with 15 slides and takes 15 minutes on the CNCA continuance process.  If you have not completed the process you need to get moving. Federal non-profits that are dissolved will also end up losing their charitable status with all the related consequences.     View WEBINAR

read more

February 14, 2014

Important message from CRA to Canadian charities incorporated under the Canada Corporations Act

The CRA has reminded Canadian registered charities and registered Canadian amateur athletic associations that are incorporated under the Canada Corporations Act that the have till October 17, 2014 to continue to the new CNCA or face possible revocation of charity status in the event they are dissolved by Industry Canada.  This message only relates to Federal non-profit corporations and not provincial incorporated charities.

read more

October 29, 2013

Presentation to the Schulich School of Business, York University on Structures for Social Enterprise

I enjoyed giving a presentation tonight to an MBA class at Schulich School of Business at York University on Structures for Social Enterprise.  Great students and lots of questions.

read more

October 19, 2013

Advisory from Blumbergs– it is best not to incorporate a charity under the Ontario Corp. Act

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 strongly encourage you to use a Federal corporation under the Canada Not-for-profit Corporations Act (CNCA) and avoid using the old Ontario Corporations Act (OCA).  Otherwise, you will establish an Ontario corporation and you will probably have to make changes to bring it into compliance with the new ONCA in a year or two or three.  For most, save the aggravation and double work and start off Federal.

read more

October 19, 2013

Updated Canada Not-for-profit Corporations Act Suitcase from Blumbergs

Here is an updated from Blumbergs Canada Not-for-profit Corporations Act (CNCA) Suitcase .  The Canada Not-for-profit Corporations Act (CNCA) came into force on October 17, 2011.  Organizations now have less than one year to continue to the new act or face involuntary dissolution and if you are a charity then loss of registered charitable status.  You might find the CNCA Suitcase a useful resource.

read more

October 16, 2013

CNCA Suitcase 2013

October 13, 2013

Latest numbers from Industry Canada on continuances and incorporations under the CNCA

Under the CNCA since it came into force in October 2011 there have been 2700 incorporations and 1800 continuances.  This is according to numbers provided by Industry Canada.

read more

September 16, 2013

How many CCA corporations are there that need to continue to the CNCA?

The short answer is that no one really knows.  I asked Industry Canada to comment on this “The number of CCA corporations is commonly said to be 19000.  It is actually about 25,000 on the rolls of IC but some of those are thought to be inactive because they have not filed in a very long time.  Hence the lower number of 19,000.  The number of corporations that are up to date in their corporate filings is about 13,000 although some corporations that may be active may not be up to date in their corporate filings.  The number that are expected to continue is somewhere between 13-19,000.”

read more

September 04, 2013

Ontario Not-for-profit Corporations Act (“ONCA”) Suitcase from Blumberg Segal LLP

The new Ontario Not-for-profit Corporations Act (ONCA) is likely to come into effect in July 2014. The Ministry of Consumer Services has started to place some information on the new act on their website. We have tried to consolidate all the available information in one PDF document. For up to date information check the Ministry of Consumer Services website. One can search for words (usually Control F) throughout the document. This document may not be comprehensive and in the future may be updated. This document is current as of September 4, 2013.

read more

September 04, 2013

Ontario Ministry of Consumer Services releases updated information and resources on the ONCA

The Ontario Ministry of Consumer Services has provided an update today on the implementation status of the Not-for-Profit Corporations Act, 2010 (ONCA). The Ministry notes:  “The Act is targeted to come into effect in 2014. Amendments to more than 80 statutes including the Act were introduced in the legislature in June 2013. It is anticipated that these amendments will be debated in the legislature in fall 2013. If the amendments are passed by the legislature, the Act is anticipated to come into force no earlier than six months after passage in order to ensure adequate time for not-for-profit corporations to prepare for transition.”  In other words the ONCA is slated probably to come into effect around July 1, 2014!

read more

August 28, 2013

Corporation Canada introduces online services for CNCA not-for-profit corporations

Industry Canada has been sending notices about new corporate services that will be available online for CNCA corporations.  As well they are providing a corporate key for non-profits to access those services.

read more

Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

Contact

Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
Download vCard

Connect

Locate

Blumberg Segal LLP
Barristers & Solicitors
#1202 - 390 Bay Street
Toronto, Ontario
M5H 2Y2 Canada

Charity Law List

Join Blumbergs' non-profit and charities newsletter
View recent issue: June 2014