New corporate non-profit acts
November 03, 2019
Blumbergs is pleased to announce that we will be hosting Blumbergs' Canadian Charity Law Boot Camp again on Monday April 20, 2020. An easy enough date to remember! This is a one-day boot camp on compliance and standards issues for Canadian registered charities. You can find out more information and register for the program here. This Boot Camp will cover the differences between for-profits, non-profits and registered charities and why in some cases you may wish to have one or more of each to have maximum impact. It will focus on matters that are significant for any operating charity surrounding revenue generation rules, receipting, transparency, and protecting your charity against risks. Topical issues such as collaboration, foreign activities, political activities, the Canada Not-for-Profit Corporations Act (CNCA) and Ontario Non-Profit Corporations Act (ONCA) will be touched upon as well.
October 08, 2019
The Canadian Charity Law Association is delivering some upcoming webinars. Registration is free but space is limited. Topics are subject to change.
September 27, 2019
I have been asking the Ontario government for months for an update on whether ONCA is coming into force and when. On September 25, 2019 I received a short note from the Policy and Business Law Unit of the Ministry of Government and Consumer Services (MGCS). They noted "Thank you for your inquiry to the ministry regarding the Ontario Not-For-Profit Corporations Act (ONCA). The ministry is working to bring ONCA into force as early as possible." In January 2019 they noted "The ministry is continuing to work to bring the ONCA into force as early as possible with a target of early 2020".[my emphasis] Note they seem to be omitting the part about targeting early 2020. I guess we are supposed to read the tea leaves - does that mean that it will be coming in early 2020, some other time or not coming in at all. Your guess is as good as anyone.
September 05, 2019
Many people in Ontario are wondering what the status of ONCA is. I just wrote this email to MGCS and look forward to hearing more and sharing it with the sector.
January 14, 2019
We have created a course entitled "Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?". The course is $149 and you can register at https://charity-law.teachable.com/ Here is an overview of the course:
October 30, 2018
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 idea, and why it is better for our clients to set up new entities under the federal Canada Not-for-profit Corporations Act ("CNCA").
June 26, 2018
Corporations Canada is looking at changing their fees in relation to the Canada Not-for-profit Corporations Act (CNCA) as well as some other acts. Some of the most common fees like filing the annual return will be reduced and others will be increased significantly. Some fees will be eliminated completely. Here is the full proposal for consultation. In general it is a fair proposal - encouraging people to move to electronic, making some most commonly done transactions cheaper and reflecting the real cost of certain other transactions.
May 17, 2018
For those who read our blog you will know that we are very pleased with the new Canada Not-for-profit Corporations Act (“CNCA”) that came into effect in 2011. It is a very easy to use modern corporate act that allows a tremendous amount of flexibility and was a wonderful improvement over the old Canada Corporations Act. It is also a major improvement over many of the provincial non-profit corporate acts. Although establishing a non-profit corporation was relatively easy there was one problem with using the Online Filing Centre.
March 27, 2018
Understanding legal compliance for registered charities is not easy but Blumbergs is offering exciting new upcoming events in 2018 that will help.
February 24, 2018
In the past US and other charities had mainly looked to establishing a Canadian counterpart non-profit or registered charity when they thought that either there were fundraising opportunities in Canada or they wish to conduct their own charitable activities in Canada. Over the last year we have seen many international groups outside of Canada wanting to establish either a nonprofit or registered charity in Canada to be their headquarters for international operations. This is for many diverse reasons. Some fear the rising tensions and uncertainty in the US and how this could affect the operation of their organizations. For others they would prefer to have offices or headquarters in Toronto, Montreal or Vancouver rather than in the US or a number of other countries which are increasingly unstable, xenophobic or repressive. Some organizations may just want to carry out activities in Canada or have staff who now reside in Canada and they want keep those staff.
December 22, 2017
Ontario Not-for-Profit Corporations Act (ONCA) was passed in 2010 and supposed to come into force in July 2013. The Ontario government has announced that they were "working to bring ONCA into force as early as possible, with a target of early 2020". I guess you could view it as an early Christmas present for the Ontario non-profit sector from the Ontario Government.
December 08, 2017
Starting December 12, 2017, Corporations Canada will allow copies of documents filed under the Canada Not-for-profit Corporations Act (CNCA) to be purchased online. Copies of the documents can be ordered using Corporations Canada’s Online Filing Centre and orders will be processed within one business day. This will allow those in Federal non-profit organizations that are registered under the Federal CNCA to obtain documents on their organizations even more easily and efficiently than has been the case. It will also allow those interested in a particular Federal non-profit to obtain the same information.
November 14, 2017
As we have noted before the Cutting Unnecessary Red Tape Act, 2017 (Bill 154) has passed and today it received Royal Assent. It will make a number of changes to the current Ontario Corporations Act and also the upcoming Ontario Not-For-Profit Corporations (ONCA) which will come into force in a few years. The Ontario Government position has not changed in that the Government has said that it would provide at least 2 years’ notice before ONCA is proclaimed.
November 14, 2017
The Ontario government has recently passed new legislation making certain changes to the Ontario Corporations Act (OCA). The changes received Royal Assent today. One of the most important changes is with respect to membership. Now, the directors of Ontario corporations will no longer have to be members. This gives Ontario corporations much more flexibility to structure their membership in a way that is in the long-term best interest of the corporation.
November 03, 2017
On November 1, 2017 the Cutting Unnecessary Red Tape Act, 2017 (Bill 154) passed. It still requires Royal Assent before coming into force. Bill 154 made changes to ONCA (which will probably only come into force years from now) but made changes to the current Ontario Corporations Act as well. As we noted earlier some of the changes to the Ontario Corporations Act will come into force immediately upon Royal Assent and others will be 60 days after Royal Assent.
October 29, 2017
As we noted earlier the Ontario government has been working since September 14, 2017 on passing legislation called The Cutting Unnecessary Red Tape Act, 2017 that not only makes some changes to the new ONCA but also changes the old Ontario Corporations Act. I was a little bit surprised to see the changes to the OCA and how extensive they were. I worry that this could be an indication that ONCA is not coming in for a very long time. On the other hand, most of the changes to the OCA will be beneficial. For many Ontario non-profit corporations under the OCA moving to the new Federal Canada Not-for-profit Corporations Act ("CNCA") makes a lot of sense and could save a lot of aggravation. But for those who don't want to move to Federal you will stay under the OCA and later ONCA and these changes will be applicable.
July 10, 2017
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 to effectively re-incorporate under the CNCA and be governed by it as though it was incorporated under it. The The Federal government has now made it easier for Ontario corporations to move to Federal jurisdiction by pre-approving Ontario and no longer requiring a legal opinion that the transfer can take place for Ontario corporations. This will be helpful for some of the 50,000 Ontario corporations who may wish to skip ONCA and move directly to the CNCA.
June 25, 2017
Corporations Canada of Innovation, Science and Economic Development Canada has been dissolving non-profit corporations that are under the Canada Corporations Act (CCA) but have not continued to the new Canada Not-for-profit Corporations Act ("CNCA"). Corporations Canada has advised me that as of June 13, 2017 there are only 304 remaining CCA non-profit corporations and that they are still processing some transitions.
May 28, 2017
The Canada Not-for-profit Corporations Act ("CNCA") which came into force in 2014 has generally been considered to be an excellent act to incorporate or continue non-profit corporations in Canada. Unlike the US where there are state non-profit acts, but not a federal act, in Canada you have the choice of provincial or federal incorporation. The CNCA has a robust electronic filing system that allowed filings for incorporation, filing annual returns, pre-approving corporate names, changing director information, changing registered office information, and filing financial statements.
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
Blumberg Segal LLP
Barristers & Solicitors
#1202 - 390 Bay Street
M5H 2Y2 Canada
Charity Law List
Join Blumbergs' non-profit and charities newsletter
View recent issue: October 2019