ONCA

November 17, 2017

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

Understanding legal compliance for registered charities is not easy but Blumbergs is offering 3 exciting new upcoming events in 2018 that will help.   We will have our Canadian Charity Law Bootcamp in April which provides a full day overview of charity law regulation.  Then in June we will have a half-day Fundamentals of the T3010 and Transparency for Canadian charities.  In September we will have the half-day Fundamentals of Receipting by Canadian charities.  Inaccurately completing the T3010 and improperly issuing receipts are the two most common compliance concerns for registered charities and these educational programs are designed to help charity directors, staff, and volunteers to tackle these challenges.  You can find out more information below.  Space is limited and these programs are not offered regularly - so if you think they could be of assistance to your charity then sign up now.   Learning about compliance requirements for charities through educational programs can save your charity lots of money on legal fees and avoid tremendous anxiety.   

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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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October 10, 2017

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. 

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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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May 27, 2017

Blumbergs’ Canadian Charity Law Institute 2017 - save the date!

We are pleased to announce the Blumbergs' Canadian Charity Law Institute 2017 will be on Monday October 16, 2017. Further details will follow.  Registration and early bird information is here.  

March 29, 2017

Fed up with ONCA yet? Consider skipping it altogether and moving to the Federal CNCA

For Ontario non-profit corporations the next few years will be challenging from a corporate law point of view. Here is our article "Fed up with ONCA yet? Consider skipping it altogether and moving to the Federal CNCA".

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February 13, 2017

Corporations Canada gives final final notice that non-profits must continue

A notice from Corporations Canada of Innovation, Science and Economic Development Canada (formerly Industry Canada) entitled "Last chance for not-for-profits to transition" has been sent out reminding non-profits that if they are still under the old Canada Corporations Act that they need to transition to the Canada Not-for-profit Corporations Act or they will be dissolved.  The final final deadline is July 31, 2017 to have completed the process.  

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November 05, 2016

20 Ways We May Be Able To Help You With ONCA as We Go Into 2017

For some the mention of ONCA causes anxiety or anger.  Never fear - help is here!  Here are "20 Ways We May Be Able To Help You With ONCA as We Go Into 2017".

October 29, 2016

Blumbergs’ Snapshot of the Ontario Charity Sector 2014 - focus on Ontario registered charities

We are proud to present the Blumbergs’ Snapshot of the Ontario Charity Sector 2014.  The data subset used is the CRA's 2014 T3010 data but only for registered charities based in Ontario.   

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September 15, 2016

Modernizing charity law in Canada is for now a Pandora’s box

The Liberal Government has made some noises about modernizing charity law.  Who could be opposed to modernization?  As there is no idea as to what "modernization" means, it has opened up all sorts of calls for changes to charity law in Canada - many of the ideas would be expensive, counterproductive, stifling, or ultimately destroy the positive reputation of the charity sector.  Wikipedia defines a Pandora's box as "a process that generates many complicated problems as the result of unwise interference in something."  Although only time will tell, it appears that "modernizing charity law" has a small upside and a very large downside.  

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July 27, 2016

Blumbergs launches charitydata.ca beta website to enhance transparency of Canadian charities

Blumbergs has just released a new website with over 10 years T3010 information for each Canadian registered charity.  The site is a beta being tested but if you are interested you can visit the website at www.charitydata.ca It is free and hopefully useful. If you have any feedback just let us know.

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October 09, 2015

Agenda for the Blumbergs’ Charity Law Institute 2015

October 07, 2015

How much time do we have to transition to the Ontario Not-for-Profit Corporations Act (ONCA)

Ontario not-for-profit corporations will have 3 years from the date ONCA comes into force to make any necessary changes to their governing documents. At end of the 3 years, the not-for-profit corporations’ letters patent, by-laws and special resolutions will be deemed to be amended to comply with ONCA’s requirements. ONCA has not been brought into force and probably will not be until around 2018.

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Topics: ONCA

October 07, 2015

Is my corporation an Ontario corporation?

To determine whether your corporation is an Ontario corporation you should check the corporation’s Letters Patent and any Supplementary Letters Patent. If you are unable to locate them, you may wish to check our list of Ontario corporations to see if your corporation is included. You can also request microfiche copies of your governing documents from the Ontario Ministry of Government and Consumer Services’ Central Production and Verification Services Branch.

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Topics: ONCA

October 07, 2015

How can I get a copy of my Ontario corporation’s governing documents to prepare for ONCA?

Over the last few years we have helped many Ontario non-profit corporations obtain copies of their governing documents.  If you wish to do it yourself you can request microfiche copies of your governing documents from the Ontario Ministry of Government and Consumer Services’ Central Production and Verification Branch.

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Topics: ONCA

October 07, 2015

Does my corporation need Ontario Not-for-Profit Corporations Act (“ONCA”) compliant by-laws now?

Since ONCA has not come into force yet and no regulations have been released, it is a bit premature to prepare ONCA compliant by-laws now. ONCA compliant by-laws may not necessarily be compliant with the Ontario Corporations Act (“OCA”), which currently governs not-for-profit corporations in Ontario.  The Ontario Government has said that it will provide the sector with at least two years notice of ONCA coming into force so it is unlikely that ONCA will come into force until about 2018.

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Topics: ONCA

October 07, 2015

Will the Ontario Not-for-Profit Corporations Act (“ONCA”) apply to my corporation?

ONCA will apply to most not-for-profit corporations in Ontario, including special or private act corporations. There are about 59,000 of these corporations. However, it will not apply to not-for-profit corporations that are incorporated under special or private acts where there is a conflict between ONCA or one of its regulations and another act or its regulations that applies to a corporation without share capital. In this case the other act or its regulations prevail over ONCA.

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Topics: ONCA

September 26, 2015

ONCA’s delay and my requests of the Ontario government to help Ontario non-profits

As we noted earlier ONCA has been indefinitely delayed.  The government has said that certain implementing legislation has to be passed and certain technological systems put in place before ONCA comes into force.  The Ontario government said they would provide the sector with 2 years notice before ONCA would be brought into force.

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Topics: ONCA

September 17, 2015

Very disappointing news from Ontario government on ONCA today

As many know the Ontario Not-for-Profit Corporations Act (ONCA) was passed in 2010 and was supposed to be brought in by January 2013.  There are ostensibly 59,000 Ontario non-profits, although many may be dormant.  The Ontario government announced today "The government is fully committed to bringing ONCA into force at the earliest opportunity and will provide the sector with at least 24 months’ notice before proclamation".  This probably means that ONCA will not come into force until probably 2018 or later.  This will be very disappointing for non-profits under the Ontario Corporations Act who will have waited over 8 years for the change.          

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August 02, 2015

Cathy Hawara’s comments on political activities and compliance in a May 2015 speech

Political activities and charities has been a hot button issue over the last few years.  With Prime Minister Harper launching the 2015 election today it is important for Canadian charities to be aware of their legal obligations and to comply with them. Here are excerpts from the comments by Cathy Hawara, Director General of the Charities Directorate of the Canada Revenue Agency, on political activities and compliance in a May 2015 speech that CRA released on Friday.    

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May 18, 2015

Article in Bottom Line “Ontario non-profits await new legislation” by Mark Blumberg

The Bottom Line recently published an article entitled Ontario non-profits await new legislation by Mark Blumberg.  The article discusses options for Ontario non-profits including waiting for ONCA or moving forward to the new CNCA and skipping ONCA altogether. 

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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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