ONCA delayed
Member rights biggest concern
There is no firm date when the Ontario Not-for-Profit Corporations Act (ONCA) will take effect. The government has advised that the ONCA won't be in force until six months after Bill 85 passes. Bill 85 is a technical amendments bill that is still going through the legislative process.
The legislature resumes in mid-February, but it is not clear that Bill 85 will be considered in this session.
Many organizations will want to look at their membership structures soon, before the ONCA takes effect. The ONCA changes to membership caused the most concern for organizations in the surveys, interviews and focus groups we conducted in 2013.
For example, when it takes effect, the ONCA will require organizations to share their membership list, including contact information, with any member who asks for it. Privacy legislation doesn't apply, so members can’t choose to opt out. We are working on resources to help you assess your membership structures.
New event
Feb. 13, 2014
Ottawa Region Charity & Not-for-Profit Law Seminar presented by Carter’s LLP.
Register here.
New resources from government, nonprofits and law firms
We've updated our Learn More page with new resources.
One of the new resources is Five Good Ideas about Not-for-Profit Corporate Law Reform, a 45 minute video.
The five good ideas are:
- Consider your jurisdictional options: pros and cons of federal versus Ontario incorporation
- Consider your membership structure to ensure it still meets your needs
- Protect your board from a “hostile takeover”
- Protect your board from litigation: arbitration versus litigation of membership disputes
- Protect your board from liability
Get Ready for the ONCA is a CLEO project that supports nonprofit organizations as they prepare for the ONCA. CLEO produces clear, accurate, and practical legal information to help people understand and exercise their legal rights. Get Ready for the ONCA will:
- share existing resources about the ONCA
- produce helpful new tools and checklists
- develop webinars and other educational events
