Posts Tagged ‘Ontario Not for Profit Corporations Act’

Non-Profits: What you need to know about Bill 154

December 13th, 2017 by Elliot Fonarev

On November 14, Bill 154 received Royal Assent in the Legislative Assembly of Ontario.

Among other things, Bill 154 affects legislation governing Ontario non‑profits and charities, namely, the Corporations Act (OCA), Not‑for‑Profit Corporations Act, 2010 (ONCA) and the Charities Accounting Act (CAA). Continue reading “Non-Profits: What you need to know about Bill 154”

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.

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”