Not for Profit Law

GHCHF Winter Workshop 2022

January 5th, 2022 by Iler Campbell LLP

Iler Campbell is proud to provide workshops for the Golden Horseshoe Co‑operative Housing Federation Winter Workshops 2022 conference. Workshops are Saturday, January 29, 2022 from 9:30 AM to 6:00 PM, registration is available here.  And be sure not to miss the Thursday night AGM followed by a Special Guest Presentation and social mixer! Continue reading “GHCHF Winter Workshop 2022”

Ontario Extends Virtual Meeting Provisions for Co-ops and Non-Profits

November 1st, 2021 by Maggie Fleming

The Ontario Government has made regulatory amendments to the Co‑operative Corporations Act and the Ontario Not‑for‑Profit Corporations Act to extend the provisions permitting electronic meetings until September 30, 2022. This means that organizations currently governed under these statutes can continue to meet virtually, including meetings for virtual AGMs. Co‑operatives and corporations are able to hold these electronic meetings via video conference or video call even if their by‑laws or rules do not allow for electronic meetings.

This extension is great news, as it gives organizations in Ontario the flexibility to host meetings online and prevent the spread of COVID-19. It also means that attendees can continue to attend meetings from home in sweatpants. Win-win! Our former articling student, Karly Wilson, wrote about the provincial emergency order when it first came into effect in 2020. You can read the that blog post here.

For more information about the current extension of virtual meeting provisions, please visit the Ontario Government’s website.

When old laws govern modern times in the not-for-profit sector

October 29th, 2021 by Ken Farrell

This article was first published on rabble.ca

Even without the benefit of modernized laws, there are a whole lot of not‑for‑profit corporations. We could take this as an indication of just how much the business of taking care of each other has been left to the private sector, or, as a measure of how much deprivation is really out there — but perhaps it’s something more uplifting.

Not‑for‑profit corporations aren’t new. Neither are many of the laws that govern them. Like us, laws age and have tendency to become outdated. Continue reading “When old laws govern modern times in the not-for-profit sector”

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”