Posts Tagged ‘ONCA’

ONCA Compliance & Document Review

September 19th, 2023 by Iler Campbell LLP

The Not-for-Profit Corporations Act, 2010 S.C.2020,c.15  (ONCA) took effect on October 19, 2021. All provincially incorporated non‑share corporations, not including co-operatives or insurance companies under the Corporations Act (Ontario), have until October 18, 2024, to ensure their governing documents, including their letters patent  and bylaws, comply with ONCA. The requirement applies equally to non‑share corporations created by special acts of the Ontario legislature. Continue reading “ONCA Compliance & Document Review”

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!”

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.

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/

What’s Wrong with the New Ontario Not for Profit Corporations Act

September 10th, 2012 by Brian Iler

While Ontario’s non‑profit law sorely needs updating, the Ontario government’s recent initiative to do so has resulted in a deeply flawed replacement.

In drafting the new ONCA, the government prioritized two objectives:

  • Ensuring it closely mirrors the law applicable to businesses
  • Empowering members to participate more fully in a corporation’s activities.

While there’s much to modernize about non‑profit corporate law, the introduction of many business law concepts was not tempered by the differing realities of the non‑profit world.

Couple that with a highly legalistic drafting style, the new Act will be inaccessible for many, and  force many less sophisticated non‑profits to seek more legal advice than they might have in the past.

The result: an Act that is certainly not responsive to, or knowledgeable about, the sector.

Continue reading “What’s Wrong with the New Ontario Not for Profit Corporations Act”

ONN requests delay of proclamation of Ontario Not for Profit Corporations Act

July 12th, 2012 by Iler Campbell LLP

On Monday, the Ontario Nonprofit Network sent a letter to Minister Best, the Premier and Minister Sousa requesting a delay of the proclamation of Ontario Not‑for‑Profit Corporations Act (ONCA) which is currently scheduled for January 1, 2013 to come into effect January 1, 2016. The letter argues that the Act will do serious harm to the operation of not‑for‑profit organizations and the communities they serve and that the costly and complex transition to the new act is ultimately unnecessary. We agree and hope the McGuinty government gets the message.

Read the letter here (pdf). Read more about the act and its impact on ONNs site. See our previous coverage of the ONCA here.