New corporate non-profit acts

November 03, 2019

Blumbergs’ Canadian Charity Law Boot Camp 2020

Blumbergs is pleased to announce that we will be hosting Blumbergs' Canadian Charity Law Boot Camp again on Monday April 20, 2020. An easy enough date to remember!   This is a one-day boot camp on compliance and standards issues for Canadian registered charities. You can find out more information and register for the program here. This Boot Camp will cover the differences between for-profits, non-profits and registered charities and why in some cases you may wish to have one or more of each to have maximum impact. It will focus on matters that are significant for any operating charity surrounding revenue generation rules, receipting, transparency, and protecting your charity against risks. Topical issues such as collaboration, foreign activities, political activities, the Canada Not-for-Profit Corporations Act (CNCA) and Ontario Non-Profit Corporations Act (ONCA) will be touched upon as well.

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October 28, 2019

ON government access to information disclosure on ONCA - so many pages and so little said

Since February 2019 there has not been any update from the Ontario government about ONCA coming into force.  As we have noted before the Ontario government is no longer referring to ONCA coming into force in early 2020.  A few months ago we put in a freedom of information request on ONCA and the computer company developing the new ONBIS system.   We wanted to know why it has taken so long to move ONCA along and when it is likely to come into force.   We just received the answer to my ATIP request and needless to say it does not answer either of the questions with there being some significant redactions.   Here is the FOI response from the Ontario Government on ONCA from the Blumbergs request.  It is interesting and 37 pages in length but does not provide much in terms of why ONCA has been so delayed and when ONCA will come in!

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October 08, 2019

Upcoming Webinars for the Canadian Charity Law Association

The Canadian Charity Law Association is delivering some upcoming webinars. Registration is free but space is limited. Topics are subject to change. 

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September 27, 2019

ONCA - does no update mean no ONCA?

I have been asking the Ontario government for months for an update on whether ONCA is coming into force and when.   On September 25, 2019 I received a short note from the Policy and Business Law Unit of the Ministry of Government and Consumer Services (MGCS).  They noted "Thank you for your inquiry to the ministry regarding the Ontario Not-For-Profit Corporations Act (ONCA).  The ministry is working to bring ONCA into force as early as possible."  In January 2019 they noted "The ministry is continuing to work to bring the ONCA into force as early as possible with a target of early 2020".[my emphasis] Note they seem to be omitting the part about targeting early 2020.  I guess we are supposed to read the tea leaves - does that mean that it will be coming in early 2020, some other time or not coming in at all.  Your guess is as good as anyone.   

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September 14, 2019

Just launched our 3rd online course “Fundraising from Canada: A course for groups outside of Canada”

We have just launched our 3rd online course - this one is entitled "Fundraising from Canada: A course for groups outside of Canada".   It is geared towards those outside of Canada thinking about fundraising in Canada and the options for structures that will assist including establishing a Canadian registered charity.   

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September 05, 2019

When will ONCA come into force and when will we find out more information?

Many people in Ontario are wondering what the status of ONCA is.  I just wrote this email to MGCS and look forward to hearing more and sharing it with the sector. 

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June 03, 2019

No updates with the new Ontario Not-For-Profit Corporations (ONCA) at the moment

There are a large number of Ontario non-profit corporations under the Ontario Corporations Act (“OCA”).  As you may know, the Ontario government has stated that it is targeting to replace the OCA with the new Ontario Not-For-Profit Corporations (ONCA) at the beginning of 2020.  ONCA has been delayed a number of times and although the Ontario Ministry announced it is targeting 2020, it is not certain that ONCA will necessarily be brought in by that date.   On May 29, 2019 we asked the Ontario Government if there was any update or anything new with respect to ONCA and we heard on May 31, 2019  "​We have no additional updates to share with you at this time about the Not for Profit Corporations Act." 
 

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March 25, 2019

Blumbergs’ Canadian Charity Law Boot Camp 2019 (SOLD OUT)

The Blumbergs' Canadian Charity Law Boot Camp will be held again on Monday April 8, 2019. This is a one-day boot camp on compliance and standards issues for Canadian registered charities. You can register for the program here

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January 27, 2019

When is the new Ontario Not-For-Profit Corporations (ONCA) coming into force?

I recently wondered with this new Ontario government whether there was any change relating to the new Ontario Not-For-Profit Corporations (ONCA).  It is supposed to come into force at the beginning of 2020.  So I wrote to the Ontario government on January 10, 2019 and they replied on January 25, 2019 with the following:

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January 14, 2019

Course - Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?

We have created a course entitled "Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?".   The course is $149 and you can register at https://charity-law.teachable.com/   Here is an overview of the course:

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November 04, 2018

Ontario companies branch heavily backlogged

The Companies Branch of the Ontario Ministry of Government and Consumer Services (“MGS”) is very heavily backlogged at the moment.  Estimated times for processing applications that generally would have taken 6 – 8 weeks are now taking 4 or more months! 

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October 30, 2018

Why you should not be setting up an Ontario non-profit corporation under the OCA today

Even with the Ontario Not-for-Profit Corporations Act ("ONCA") looming, we are still seeing recently incorporated non-profits that are set-up under the Ontario Corporations Act ("OCA"). Here is an article on some of the reasons why this is generally not a good idea, and why it is better for our clients to set up new entities under the federal Canada Not-for-profit Corporations Act ("CNCA").

August 24, 2018

Gail Picco’s article on the CWP decision

Recently author and fundraiser Gail Picco wrote an extensive article on the CWP decision entitled "How an Ontario Superior Court Decision Has Remade the Charity Sector, Failed Vulnerable Canadians and Why Some People Are Cheering?

June 26, 2018

Corporations Canada having public consultation on service fee changes affecting the CNCA etc.

Corporations Canada is looking at changing their fees in relation to the Canada Not-for-profit Corporations Act (CNCA) as well as some other acts.  Some of the most common fees like filing the annual return will be reduced and others will be increased significantly. Some fees will be eliminated completely.  Here is the full proposal for consultation.   In general it is a fair proposal - encouraging people to move to electronic, making some most commonly done transactions cheaper and reflecting the real cost of certain other transactions.

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May 17, 2018

Great news from Corporations Canada on incorporations of Federal non-profits under the CNCA

For those who read our blog you will know that we are very pleased with the new Canada Not-for-profit Corporations Act (“CNCA”) that came into effect in 2011. It is a very easy to use modern corporate act that allows a tremendous amount of flexibility and was a wonderful improvement over the old Canada Corporations Act.   It is also a major improvement over many of the provincial non-profit corporate acts.  Although establishing a non-profit corporation was relatively easy there was one problem with using the Online Filing Centre.   

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March 27, 2018

Upcoming Blumbergs’ Events for 2018 - Bootcamp, T3010 and Receipting

Understanding legal compliance for registered charities is not easy but Blumbergs is offering exciting new upcoming events in 2018 that will help.   

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March 25, 2018

Corporations Canada has made a giant leap forward in increasing transparency of Federal corporations

As you probably know if you are interested in a Federal corporation (non-profit or otherwise) you can easily search the Corporations Canada website.  This gives you lots of information on Federal non-profit corporations including the name, Corporation Number, Status, which corporate legislation governs, their registered office address, names and addresses of directors, the minimum and maximum number of directors, the last filing date of a corporation, whether filings are overdue, the history of the corporate names, as well as what corporate documents have been filed like Articles, By-laws, Financial Statements etc.   You could always request copies of documents and Corporations Canada was quite efficient in returning them within a day or two.   However, now Corporations Canada has made it even easier for you by making many of the listed documents available instantly. 

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February 24, 2018

Why US and other nonprofit organizations may wish to set up in Canada

In the past US and other charities had mainly looked to establishing a Canadian counterpart non-profit or registered charity when they thought that either there were fundraising opportunities in Canada or they wish to conduct their own charitable activities in Canada.   Over the last year we have seen many international groups outside of Canada wanting to establish either a nonprofit or registered charity in Canada to be their headquarters for international operations. This is for many diverse reasons.  Some fear the rising tensions and uncertainty in the US and how this could affect the operation of their organizations.  For others they would prefer to have offices or headquarters in Toronto, Montreal or Vancouver rather than in the US or a number of other countries which are increasingly unstable, xenophobic or repressive. Some organizations may just want to carry out activities in Canada or have staff who now reside in Canada and they want keep those staff. 

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February 19, 2018

20 Ways We May Be Able To Help You With ONCA

If you are an Ontario non-profit corporation under the OCA you might find our article on ONCA helpful: 20 Ways We May Be Able To Help You With ONCA.

February 17, 2018

Options for dealing with ONCA for Ontario non-profit organizations under the OCA

There are over 50,000 Ontario non-profit corporations under the Ontario Corporations Act.  With the Ontario Government's recent announcement that the new Ontario Not-For-Profit Corporations (ONCA) is being targetted to be brought into force in 2020, these Ontario non-profit corporations will need to think about options in handling this important corporate change.  This article Options for dealing with ONCA for Ontario non-profit organizations under the Ontario Corporations Act may be of assistance.

December 22, 2017

Ontario Not-for-Profit Corporations Act (ONCA) “targeted” to be brought into force in early 2020

Ontario Not-for-Profit Corporations Act (ONCA) was passed in 2010 and supposed to come into force in July 2013.  The Ontario government has announced that they were "working to bring ONCA into force as early as possible, with a target of early 2020".  I guess you could view it as an early Christmas present for the Ontario non-profit sector from the Ontario Government.  

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December 08, 2017

New online service to order documents filed under the CNCA

Starting December 12, 2017, Corporations Canada will allow copies of documents filed under the Canada Not-for-profit Corporations Act  (CNCA) to be purchased online. Copies of the documents can be ordered using Corporations Canada’s Online Filing Centre and orders will be processed within one business day. This will allow those in Federal non-profit organizations that are registered under the Federal CNCA to obtain documents on their organizations even more easily and efficiently than has been the case.  It will also allow those interested in a particular Federal non-profit to obtain the same information.

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November 14, 2017

Cutting Unnecessary Red Tape Act, 2017 (Bill 154) has passed and received Royal Assent today

As we have noted before the Cutting Unnecessary Red Tape Act, 2017 (Bill 154) has passed and today it received Royal Assent.  It will make a number of changes to the current Ontario Corporations Act and also the upcoming Ontario Not-For-Profit Corporations (ONCA) which will come into force in a few years.  The Ontario Government position has not changed in that the Government has said that it would provide at least 2 years’ notice before ONCA is proclaimed. 

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November 14, 2017

Ontario Changes Affecting Membership of Ontario Non-Profit Organizations under the OCA

The Ontario government has recently passed new legislation making certain changes to the Ontario Corporations Act (OCA).   The changes received Royal Assent today.   One of the most important changes is with respect to membership. Now, the directors of Ontario corporations will no longer have to be members. This gives Ontario corporations much more flexibility to structure their membership in a way that is in the long-term best interest of the corporation.

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November 03, 2017

Cutting Unnecessary Red Tape Act, 2017 (Bill 154) has passed and awaiting Royal Assent

On November 1, 2017 the Cutting Unnecessary Red Tape Act, 2017 (Bill 154) passed.  It  still requires Royal Assent before coming into force.   Bill 154 made changes to ONCA (which will probably only come into force years from now) but made changes to the current Ontario Corporations Act as well.  As we noted earlier some of the changes to the Ontario Corporations Act will come into force immediately upon Royal Assent and others will be 60 days after Royal Assent.

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Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

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Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
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