ONCA

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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February 27, 2015

20 Ways We May Be Able To Help You With ONCA By Mark Blumberg

Here is my article 20 Ways We May Be Able To Help You With ONCA.  It sets out some of the items that our law firm can assist Ontario non-profit corporations with when preparing for ONCA.

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February 24, 2015

The easy and quick solution to ONCA for Ontario Non-Profit Corporations

We are now in February of 2015.  ONCA has not moved forward since the Ontario election last year.   It looks like ONCA may not even come into force until mid-2016 and perhaps 2017.  It is difficult to know what will happen but the microfiche based record system for Ontario corporations and very outdated technology that Ontario currently uses will likely make the transition challenging. There are 59,000 Ontario non-profit corporation listed on the Ontario government database.   If even 30,000 are active and need to make changes I am not confident that the Ontario system is going to work well.  The easy and quick solution for many Ontario corporations that are not interested in waiting any longer is to move to the Federal CNCA. Skip the line up and anxiety of ONCA and move to the CNCA.   Here is an article our firm wrote on the subject entitled "Ontario Corporations Don't Need to Wait for the ONCA - Continuing from the OCA to Federal Jurisdiction" for the Ontario Bar Association.   

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February 13, 2015

Enhancing the ONCA Transition for registered charities by reducing redundant charity review

November 09, 2014

Ontario Corporations Don’t Need to Wait for the ONCA - Continuing from the OCA to the Federal CNCA

Here is a recent article from Mark Blumberg and Kate Robertson entitled Ontario Corporations Don't Need to Wait for the ONCA - Continuing from the OCA to Federal Jurisdiction.  For many Ontario corporations who don't want to wait for the ONCA which may or may not come into force in 2016, or want to carry out governance changes now, a continuance from Ontario to Federal may be an appealing option.

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June 06, 2014

Ontario Ministry confirms delay of ONCA until 2016

The Ontario Ministry has provided an update on their website with respect to the Not-for-Profit Corporations Act, 2010 ("ONCA") under 'ONCA: Frequently Asked Questions" which indicates that the ONCA is not expected to come into force before 2016. Initially there were discussions that the ONCA may come into force in 2015 but it appears that this is no longer the case.

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March 29, 2014

Some nice comments on the recently disclosed list of Ontario non-profit corporations

I have received some very positive feedback on the disclosure of the list of Ontario non-profit corporations.   Here is the list.

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March 19, 2014

List of Ontario Non-Profit Corporations finally revealed for the first time

Here is a list of the Ontario non-profit corporations under the Ontario Corporations Act.  There are 59,605 Ontario corporations on the list.  The list is 1084 pages long.  Some of the Ontario corporations are active and some are inactive.  We think that it is important for organizations to be able to have a public list so that they can easily determine whether or not they are an Ontario corporation.  

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October 19, 2013

Advisory from Blumbergs– it is best not to incorporate a charity under the Ontario Corp. Act

It looks like the new Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) will not come into force until July 2014 or perhaps in 2015.  If one is considering establishing a new charity today and you are based in Ontario we would strongly encourage you to use a Federal corporation under the Canada Not-for-profit Corporations Act (CNCA) and avoid using the old Ontario Corporations Act (OCA).  Otherwise, you will establish an Ontario corporation and you will probably have to make changes to bring it into compliance with the new ONCA in a year or two or three.  For most, save the aggravation and double work and start off Federal.

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September 04, 2013

Ontario Not-for-profit Corporations Act (“ONCA”) Suitcase from Blumberg Segal LLP

The new Ontario Not-for-profit Corporations Act (ONCA) is likely to come into effect in July 2014. The Ministry of Consumer Services has started to place some information on the new act on their website. We have tried to consolidate all the available information in one PDF document. For up to date information check the Ministry of Consumer Services website. One can search for words (usually Control F) throughout the document. This document may not be comprehensive and in the future may be updated. This document is current as of September 4, 2013.

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September 04, 2013

Ontario Ministry of Consumer Services releases updated information and resources on the ONCA

The Ontario Ministry of Consumer Services has provided an update today on the implementation status of the Not-for-Profit Corporations Act, 2010 (ONCA). The Ministry notes:  “The Act is targeted to come into effect in 2014. Amendments to more than 80 statutes including the Act were introduced in the legislature in June 2013. It is anticipated that these amendments will be debated in the legislature in fall 2013. If the amendments are passed by the legislature, the Act is anticipated to come into force no earlier than six months after passage in order to ensure adequate time for not-for-profit corporations to prepare for transition.”  In other words the ONCA is slated probably to come into effect around July 1, 2014!

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July 01, 2013

Governance Changes and responding to the New Ontario Not-for-Profit Corporations Act (ONCA)

Confused about the Ontario Not-for-Profit Corporations Act (ONCA)?  In this article we have summarized some things that non-profits and charities should consider

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June 06, 2013

Ontario government ONCA Legislative Amendments affecting 86 statutes

The Ontario Government has introduced The Companies Statute Law Amendment Act, 2013 on June 5, 2013 which “contains proposed consequential, clarifying and transitional amendments which are necessary to support proclamation of ONCA, which received Royal Assent in October 2010 and is targeted to come into force no earlier than January 2014.”  Thanks to Cliff Goldfarb for the heads up.

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May 08, 2013

Ontario government releases plain language guide to ONCA

Today the Ontario government announced the release of the plain language guide to the ONCA.

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April 18, 2013

Ontario publishes Ontario Not-for-Profit Corporations Act (ONCA) Draft Organizational By-law

The Ontario government has published an ONCA draft organizational by-law.

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March 28, 2013

ONCA delayed again - implementation no earlier than January 2014

The following text is from the Ontario government website: “ONCA is targeted to come into effect no earlier than January, 2014. Existing not-for-profit corporations will have a three-year transition period once ONCA is in effect.  Community Legal Education Ontario (CLEO) will provide support to not-for-profit corporations as they make the transition to ONCA.”  Therefore, the July 1, 2012 target date has been delayed by at least 6 months.  Also the Ontario government is noting that CLEO will be providing support but no details have been provided at this time.

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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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