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.
A few thoughts on this announcement:
The full announcement is below:
Sent on behalf of Michèle Sanborn, Director of the Policy and Governance Branch, Ministry of Government and Consumer Services
I am writing to provide you with an update on the implementation of the Not-for-Profit Corporations Act (ONCA).
On November 14, 2017, necessary legislative changes to ONCA and related acts in the Cutting Unnecessary Red Tape Act, 2017 became law.
upgrading our technology to support these changes and improve service delivery
working to bring ONCA into force as early as possible, with a target of early 2020. This gives not-for-profit corporations at least 24 months’ notice before ONCA comes into force.
We will give not-for-profit corporations:
further details closer to when ONCA comes into force
a three-year transition period once ONCA is in force to make any necessary changes to their governing documents
help to support a smooth implementation
In the meantime, before ONCA comes into force, Ontario not-for-profit corporations can take advantage of some of the changes made to the Corporations Act, by the Cutting Unnecessary Red Tape Act, 2017.
For more information about ONCA, including resources such as the ONCA plain language and transition considerations, please visit the Ministry’s website at: https://www.ontario.ca/page/rules-not-profit-and-charitable-corporations.
If you want to keep up with developments relating to ONCA you can subscribe to our Canadian charity law newsletter or check out our ONCA directory. Also if your non-profit or charity is an Ontario non-profit corporation and wishes to deal with governance issues including ONCA you can contact us to retain our law firm.
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.