The CRA has reminded B.C. Societies to make the necessary transition under new B.C. Societies Act by the BC deadline of November 28, 2018 or face dissolution of their society. As CRA notes "If your corporate status is dissolved, you are no longer a legal entity, you will not meet the requirements for charitable registration, and your charitable status could be revoked."
Here is the full text of the CRA note:
Transition to the new B.C. Societies Act
Societies (not-for-profit corporations) that are created and operate in British Columbia need to complete their transition to the new rules in order to be compliant with the new Societies Act by November 28, 2018.
If the transition is not completed by the deadline, the society will be dissolved. This means that the corporation will no longer exist. If your corporate status is dissolved, you are no longer a legal entity, you will not meet the requirements for charitable registration, and your charitable status could be revoked.
The transition process requires societies to re-file, in electronic format, their current constitution and bylaws with the Corporate Registry. The Transition Application is an online form provided by the Corporate Registry – paper filings are not allowed.
Before completing the transition application, be sure that your annual report filings are up to date, and that you include the following:
- uploadable version of bylaws
- directors’ information and registered office address
- whether the society’s members have authorized becoming a member-funded society
Note: Incorporated societies cannot make amendments to their purposes while transitioning.
Although the new Societies Act came into effect November 28, 2016, and societies have two years to transition, we encourage you to make the transition before the deadline.
Once you have completed the transition, remember to file your governing documents with the Charities Directorate.
The New Societies Act & Transition
Read the new Societies Act and Societies Regulation
How to file a Transition Application in Societies Online
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
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.