Not for Profit Law

Considering social enterprise

May 12th, 2014 by Lauren Blumas

The House of Commons Standing Committee on Industry, Science and Technology undertook an extensive review of the Canadian Business Corporations Act back in 2010 and recommended consultation on 4 discrete issues, one of which was the rules applicable to incorporation of socially responsible enterprise.

Much of the discussion since has focused on introducing a hybrid corporate vehicle similar to the Community Contribution Company form available in B.C. In a nutshell, these corporations are somewhere in-between a non‑profit and a traditional business corporation. They operate with a community purpose and can have shareholders. They are also subject to an asset lock that is intended to ensure that a majority of the assets are fed back into the community, as opposed to shareholders, upon dissolution.

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Update on Not‑for‑Profit Legislation

April 11th, 2014 by Shelina Ali

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.

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Non-profit law: ONN asked. Government listened

March 28th, 2013 by Brian Iler

Breaking news.

For some time now, Ontario Nonprofit Network has been highly critical of the as‑yet unproclaimed Ontario Not‑for‑profit Corporations Act. The Ontario Government hadn’t listened much.

Until now.

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The evolving world of social finance in Ontario

December 7th, 2012 by Brian Iler and Laura Bowman

Social enterprises can find it difficult to raise capital from community‑minded investors.  Even in the non “social enterprise” sector, most capital for small and startup enterprises is still raised from friends and family rather than banks, wealthy investors or other more traditional sources.

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Anti-Spam Legislation and Non-profits and Charities – Are you ready?

November 5th, 2012 by Ted Hyland

Preparations continue to lay the groundwork for the coming into force of Canada’s anti‑spam law.1  On October 10, 2012, the CRTC published two information guidelines regarding the legislation: Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC) (CRTC Guideline 2012‑548) and Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation (CRTC Guideline 2012‑549).

The background to the CRTC Guidelines is that on December 15, 2010, Royal Assent was given to Canada’s anti‑spam law.  A date for the law’s coming into force will be set in the coming months, with the date now expected to be in mid‑2013.  The anti‑spam law will affect any individual, business and organization that:

  • Uses commercial electronic messages;
  • Is involved in the alteration of transmission data; and
  • Produces or installs computer programs.

If you are involved in the operation of a non‑profit or charity why should you care about the anti‑spam law? Increasingly, non‑profit organizations and charities are using electronic means of communicating with people, and the anti‑spam legislation will apply to many, if not all, of those electronic messages. How so?

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  1. An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23.

ONN: Breaking New Ground: Outcomes from Government-Sector Open for Business Roundtable

September 18th, 2012 by Iler Campbell LLP

The Ontario Nonprofit Network announces their full support for the Open for Business not-for-profit sector final report:

Jointly led by the Ministry of Economic Development and Innovation and the ONN, the Open for Business sector strategy resulted in solutions within five key areas that will both streamline government-sector public benefit services in Ontario and foster new opportunities for the nonprofit sector to create community wealth across the province.

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