There are a large number of Ontario non-profit corporations under the Ontario Corporations Act (“OCA”). As you may know, the Ontario government has stated that it is targeting to replace the OCA with the new Ontario Not-For-Profit Corporations (ONCA) at the beginning of 2020. ONCA has been delayed a number of times and although the Ontario Ministry announced it is targeting 2020, it is not certain that ONCA will necessarily be brought in by that date. On May 29, 2019 we asked the Ontario Government if there was any update or anything new with respect to ONCA and we heard on May 31, 2019 "We have no additional updates to share with you at this time about the Not for Profit Corporations Act."
We will blog about any further developments. Hopefully, there will be further information available to assist non-profits in understanding how they should deal with ONCA. Some changes in November 2017 to the OCA made it much easier for certain groups to restructure themselves. Other groups have moved to the Federal Canada Not-for-Profit Corporations Act (“CNCA”) and then they can skip ONCA.
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.