Ontario publishes Ontario Not-for-Profit Corporations Act (ONCA) Draft Organizational By-law

April 18, 2013 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: News, Canadian Charity Law, New corporate non-profit acts

The Ontario government has published an ONCA draft organizational by-law.

Here is a link:  http://www.sse.gov.on.ca/mcs/en/Pages/onca6.aspx

Here is a blurb from the Ontario government:

“Introduction

This is a default by-law under section 18 of the Ontario not-for-profit corporations act, 2010 and regulations made under it (the “act”) and applies automatically only if the corporation does not pass a general by-law within 60 days after the date of its incorporation. This by-law may be replaced at any time by following the appropriate procedures under the act. This by-law does not apply to existing corporations which have passed a general by-law already and may not be appropriate for your particular corporation, but may be a tool that existing corporations can use as a reference.

This by-law provides rules and procedures to be followed by the corporation in its day-to-day governance and is intended to apply to the most common corporate events. Relevant provisions of the act have been incorporated where applicable. However, this by-law is not in itself a complete codification of the provisions of the act and other laws applicable to the corporation. Many applicable provisions of the act and the law have not been duplicated in this by-law and reference to both should be made to ensure that all relevant legal requirements have been complied with.

In all cases you should obtain advice from a qualified person on both the appropriate matters to be contained in a by-law and its interpretation.”

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

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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.

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