ONCA

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 22, 2019

Blumbergs’ Canadian Charity Law Institute 2019

Join us on Monday October 7, 2019 in Toronto for the 8th Annual Blumbergs' Canadian Charity Law Institute. We will be featuring a number of speakers covering different legal and compliance issues affecting Canadian charities and non-profits.  It will be a full day packed with practical legal and ethical compliance information geared toward charities, professional advisors and those interested in regulatory issues affecting charities and the non-profit sector. Space is limited. Here is the agenda.  

The price is $275 for the day. It includes breakfast, lunch, breaks, coffee and drinks, HST and handouts. For more information (including the agenda) or to register here is a link to the Blumbergs' Canadian Charity Law Institute 2019.

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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November 05, 2018

New Canadian Registered Charity Legal Checklist by Mark Blumberg

Here is the new Canadian Charity Legal Checklist.  For those who are interested in reviewing legal compliance for their registered charity they may find the checklist helpful.  

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?

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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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.

January 27, 2018

Our directory of top resources for Canadian registered charities

Over the last 10 or more years, we have published over 2500 blog posts.  Except for a few avid readers, that might be a little overwhelming so we have started to create a directory of some of the top resources for Canadian charities.  This will be particularly helpful for those who are new to registered charity compliance issues or to the charity sector.

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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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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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September 28, 2017

Ontario government making changes to edge towards bringing in ONCA

The Ontario government is moving to pass the Cutting Unnecessary Red Tape Act, 2017.  The Act does many things but importantly for Ontario non-profits "The proposed amendments would enable the future proclamation of the Not-for-Profit Corporations Act (ONCA). The proposed amendments to the Corporations Act would enable Ontario not-for-profit corporations to benefit from some of the ONCA features prior to its proclamation, such as allowing notice of members' meetings to be sent electronically and members' meetings to be held electronically. These proposed amendments would increase flexibility, encourage participation in meetings, provide clarity and reduce burdens and costs for not-for-profit corporations."

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August 29, 2017

Ontario Government Proposal to Allow Compensation of Directors of Charities Without Court Order

Here is Blumbergs' comments on the Ontario Government Proposal to Allow Compensation of Directors of Charities Without Court Order that were submitted to the Ministry of the Attorney General today. 

July 10, 2017

Now easier for non-profit corporations to move from Ontario to Federal jurisdiction

The Canada Not-for-profit Corporations Act (“CNCA”) permits a not-for-profit corporation that is incorporated under another act (such as a provincial non-profit act) to continue (import) to the CNCA provided that the other act permits the continuance. This allows a not-for-profit corporation to effectively re-incorporate under the CNCA and be governed by it as though it was incorporated under it. The The Federal government has now made it easier for Ontario corporations to move to Federal jurisdiction by pre-approving Ontario and no longer requiring a legal opinion that the transfer can take place for Ontario corporations.  This will be helpful for some of the 50,000 Ontario corporations who may wish to skip ONCA and move directly to the CNCA. 

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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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