Not For Profit Law

ONCA Delayed Indefinitely

September 18th, 2015 by Brian Iler

The Ontario Government’s non-profit corporate law reform has been delayed once again, this time, indefinitely.

In an announcement yesterday, the Government’s commitment to bringing the Ontario Not-for-Profit Corporations Act into effect by 2016 was pushed off into an indefinite future.

The Act was passed by the Legislature in 2010, and was expected to come into force shortly thereafter.

But, led by Ontario Non-Profit Network ‑ which was formed to voice the non-profit sector’s objections to many of the provisions in the Act ‑ a vigorous sector-wide campaign led to the Ontario Government agreeing, belatedly, to fix some key problems the Act contained.

Those fixes have yet to be implemented, and appear not to be much of a priority with the current Government.

Now, it appears that the Government intends to replace existing technology for managing its corporate database, and that implementing that new technology has become another roadblock.

For non-profits incorporated under the Ontario Corporations Act, which has been essentially unchanged since 1953, it’s business as usual for a few more years, as the Government promises at least 24 months’ notice of the new Act coming into force, and another three-year transition thereafter.

Daycares: do you meet Ontario’s new licensing requirements?

September 14th, 2015 by Katie Douglas

On August 31, 2015, the Child Care and Early Years Act, 2014 came into force. The CCEYA provides a comprehensive scheme for both home and centre‑based daycare licensing in the province of Ontario. The previous Day Nurseries Act is now repealed, however, remains in effect for daycares currently holding licences under it.

The transition means that all daycares will be required to meet the standards of the CCEYA at their next licensing inspection. There are many new requirements relating to such things as staff qualifications, serious occurrence reporting and records requirements. Further, all daycares are now required to have a comprehensive “Program Statement” that reflects the Ministry of Education’s policy document How Does Learning Happen: Ontario’s Pedagogy for the Early Years. Continue reading “Daycares: do you meet Ontario’s new licensing requirements?”

CRTC levies $1.1 million fine for violation of Anti‑spam legislation

March 24th, 2015 by Shelina Ali

Earlier this month, the Canadian Radio‑television and Telecommunications Commission’s (CRTC’s) Chief Compliance and Enforcement Officer, issued a hefty penalty of $1.1 million dollars to Compu‑Finder for failing to comply with Canada’s anti‑spam Legislation that came into force in July of 2014 (commonly referred to as CASL). The penalty was issued with respect to four alleged violations between July 2014 and September 2014.

Compu‑Finder is a Quebec based training company with a long history of sending unsolicited commercial emails. The CRTC reported that complaints about Compu‑Finder accounted for 26% of those submitted that related to training companies. Continue reading “CRTC levies $1.1 million fine for violation of Anti‑spam legislation”

Ontario Not‑for‑Profit Corporations Act – Not expected to come into force until 2016

July 7th, 2014 by Shelina Ali

With the recent provincial election, a bill containing amendments to the Ontario Not‑Profit Corporations Act (ONCA) died. These amendments will now need to be put before the legislature in the form a new bill. As a result, the Ministry of Government and Consumer Services states that ONCA is not expected to come into force before 2016.

Provincially incorporated organizations now have lots of time to familiarize themselves with ONCA. Below are some helpful resources to assist organizations:

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

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

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