The deadline for federally incorporated non-profit organizations to continue under the Canada Not-for‑Profit Corporations Act (CNCA) is approaching quickly. Federally incorporated organizations have until October 17, 2014 to make the transition.  Failure to transition to the new legislation means dissolution.

To transition, federally incorporated non-profits will need to prepare and file Articles of Continuance, Notice of Initial Directors, and Notice of Registered Office, with Industry Canada.

There is no filing fee and by‑laws do not need to be filed in order to obtain a Certificate of Continuance.

The resources below provide helpful information on the CNCA:

-Creating a not-for-profit corporation under the Canada Not- for-profit Corporations Act

-Transition Guide for Federal Not-for-profit Corporations

For provincially incorporated non‑profits, Ontario’s Not‑for‑Profit Corporations Act (ONCA), is not yet in force.  There are several amendments to ONCA before the legislature.

The Ministry of Consumer Services estimates that once these amendments are passed it will be at least six months before ONCA will come into force.

While we wait for ONCA to be proclaimed, provincially incorporated non‑profits may want to familiarize themselves with the legislation and how it may impact their organizations.  The following resources below provide helpful information on ONCA:

http://www.sse.gov.on.ca/mcs/en/pages/not_for_profit.aspx

http://theonn.ca/understanding-onca/

http://nonprofitlaw.cleo.on.ca/

Filed in: Not for Profit Law

Tags: Canada Not-for-Profit Corporations Act, Ontario Not‑for‑Profit Corporations Act