Not for Profit Law

After over ten years of waiting, the “Ontario Not‑for‑profit Corporations Act” (ONCA) will finally be proclaimed into force on October 19, 2021!

August 18th, 2021 by Iler Campbell

The Ontario government remains optimistic about the legislation, and anticipates that ONCA will simplify the incorporation process, clarify rules for governing a corporation, enhance members’ rights, as well as give members greater access to financial records.

The legislation, which passed in 2010, will be the legal framework under which most provincially incorporated not‑for‑profit corporations will operate come October 19th. More specifically, it will apply to every corporation that does not have share capital and is incorporated under an act of the Ontario legislature, other than the Co‑operative Corporations Act.

ONCA will bring lots of change to the regulatory landscape, and corporations will have three years after proclamation to comply with the new rules. As a result, provincially incorporated not‑for‑profit corporations will need to review their governing documents, and make any necessary changes within three years, to ensure compliance with ONCA. Continue reading “After over ten years of waiting, the “Ontario Not‑for‑profit Corporations Act” (ONCA) will finally be proclaimed into force on October 19, 2021!”

Sheriff can enforce Landlord and Tenant Board (the LTB) Eviction Orders again

June 9th, 2021 by Hunter Stone

In January of 2021 (what seems like a lifetime ago), the Ontario Government temporarily paused the enforcement of residential evictions for the second time in less than a year. Continue reading “Sheriff can enforce Landlord and Tenant Board (the LTB) Eviction Orders again”

Equity Housing Co-ops – the Forgotten Cousins

March 24th, 2021 by Celia Chandler

This article was first published in The Co-op Current, by Ontario Co-operative Association.

The neat thing about the co‑operative model and its principles is that you can apply them to just about any endeavour.

We see the third principle, Member Economic Participation, driving large commercial enterprises like Gay Lea Foods Co-operative or Co‑op Cabs in Toronto. We see Autonomy and Independence, principle 4, fueling the workers at Urbane Cyclist in Toronto and Planet Bean in Guelph – both worker co‑operatives. We see non‑profit housing co‑operatives enriched by their Voluntary and Open Memberships, Democratic Member Control, and Concern for Community, principles 1, 2, and 7. Continue reading “Equity Housing Co-ops – the Forgotten Cousins”

Lack of diversity on non-profit boards is rooted in privilege

February 25th, 2021 by Shelina Ali

 

Last December, Statistics Canada undertook a crowdsourced survey of non-profit and charity boards in Canada to assess the diversity of individuals serving on those boards. The survey was completed by 8,835 board members. Of those members who responded, 14 per cent identified as being immigrants to Canada; 11 per cent identified as belonging to a visible minority group; eight per cent identified as LGBTQ2+; six per cent identified as persons with a disability; and three per cent identified as First Nations, Métis or Inuit. Continue reading “Lack of diversity on non-profit boards is rooted in privilege”

Voluntary organizations and member disputes take another trip to the Supreme Court

September 30th, 2020 by Ted Hyland

According to a June 2020 Statistics Canada study, in 2018 more than 12.7 million people in Canada volunteered for charities, non-profits and community organizations, contributing more than 1.6 billion hours. While not all are members of the organizations for which they volunteer, many are.

Under what circumstances does their membership have the legal status that will attract a judge’s jurisdiction and oversight, particularly when there are disputes leading to the expulsion or other discipline of members? This question is again headed to the Supreme Court of Canada for an answer later this fall.

The question is not an abstract one. It involves the interplay between the rights of the members and the discretion of those in charge of the organizations to make decisions that affect their members’ rights. If a member is dissatisfied with the decision, can they go to court?

Continue reading “Voluntary organizations and member disputes take another trip to the Supreme Court”

Free legal webinar series – every Wednesday in May

April 24th, 2020 by Iler Campbell

Every Wednesday in May: Free legal webinars for co-op & non-profit housing, employers and small business.

We know that COVID-19 has brought new challenges, including many legal ones.  We know too that the old legal challenges are all still there. Finally, we know that organizers of all in-person conferences and workshops have cancelled them for the foreseeable future.  The need to learn, however, has not stopped.

We’re here to help.

Join us in May every Wednesday at noon for a free legal webinar series. Continue reading “Free legal webinar series – every Wednesday in May”