As many know the Ontario Not-for-Profit Corporations Act (ONCA) was passed in 2010 and was supposed to be brought in by January 2013. There are ostensibly 59,000 Ontario non-profits, although many may be dormant. The Ontario government announced today "The government is fully committed to bringing ONCA into force at the earliest opportunity and will provide the sector with at least 24 months’ notice before proclamation". This probably means that ONCA will not come into force until probably 2018 or later. This will be very disappointing for non-profits under the Ontario Corporations Act who will have waited over 8 years for the change.
Additionally, the transparency promised in terms of a free and publicly accessible database is now also delayed by years.
We have been assisting Ontario non-profits and charities move to the new CNCA at the Federal level. If your Ontario non-profit is tired of waiting then set up a consultation with one of our lawyers to discuss options. You can email us at Please provide us with the name of the non-profit and your contact information. If you have letters patent, supplementary letters patent and by-laws then you can send them along as well.
You can read more about ONCA in our ONCA Directory at http://www.canadiancharitylaw.ca/blog/category/onca
Here is further information from the Ontario government:
1. When will ONCA take effect?
ONCA cannot come into force until:
- the Legislative Assembly passes a number of technical amendments to the legislation and related acts
- technology is upgraded to support these changes and improve service delivery
A bill containing these amendments, formerly known as Bill 85, was introduced in 2013 but died when the 2014 provincial election was called.
The government is fully committed to bringing ONCA into force at the earliest opportunity and will provide the sector with at least 24 months’ notice before proclamation. Existing corporations will have a three-year transition period once ONCA is in force and assistance will be available to ensure a smooth transition to implementation.
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.