logo: ONCA Update

ONCA – Overview

August 17, 2021 – The Ontario Not-for-Profit Corporations Act (ONCA) will be proclaimed on October 19, 2021. Nonprofits will have three years after the proclamation to transition to the new rules.

Regulations that were needed prior to the proclamation of ONCA have now been published:

https://www.ontario.ca/laws/regulation/r21393
https://www.ontario.ca/laws/regulation/r21394
https://www.ontario.ca/laws/regulation/r21395
https://www.ontario.ca/laws/regulation/r21396

 

*Note: The Province has posted Rules for not-for-profit and charitable corporations

Nonprofit Law Ontario has also posted lots of helpful information for the transition. Visit: https://nonprofitlaw.cleo.on.ca/future-law/ for the steps to take to

 

determine whether ONCA will apply to your organization/association, and what you need to do next to be in compliance.


NOTE: ONCA is the Ontario Not-for-Profit Corporations Act, 2010.  When ONCA come into force, it will apply to all organizations incorporated in Ontario (including incorporated lake associations). For more on the differences between provincially-, federally-incorporated and non-incorporated organizations, see resources on FOCA’s Lake Association Toolkit webpage.


May 2021 – FOCA members are advised that the Ontario government has confirmed that corporations governed by the Corporations Act (Ontario) can continue to hold meetings virtually until December 31, 2021, despite any provisions in their letters patent or by-laws to the contrary. See more information here: https://www.ontario.ca/page/covid-19-changes-meetings-and-business-operations. The Ontario Not for Profit Corporations Act (ONCA) (not yet in force) will have the same provisions, should it be proclaimed this year.

October 2020 – Important members’ update about ONCA:

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September 21, 2020 – The Ontario Minister of Government and Consumer Services today passed an “extension motion” to extend the deadline to proclaim the ONCA into force until December 31, 2021 (BLG)

March 2020 – Nonprofit Law Ontario reported recently that the target for ONCA to come into force “is no longer early 2020, but we do not know when ONCA will take effect. Most organizations should not make changes to comply with the ONCA yet, as certain rules have not been published.” Visit https://nonprofitlaw.cleo.on.ca/ for more information.

July 2019 – FOCA members can access this Update, once Logged in:

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Earlier and Related Posts:

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Update March 2018 – FOCA has posted a webpage with updates about the status of ONCA; FOCA members can access it here: https://foca.on.ca/onca-highlights-members-only/


Update 2017 – ONCA has been introduced to the Ontario Legislature as a Bill, but has not yet been proclaimed (@ 2017). Changes are coming under ONCA, that will affect all FOCA member Associations incorporated in Ontario.

Once the Bill is passed,  according to the Ontario Nonprofit Network, “it will be two more years before the ONCA is proclaimed into law, and organizations have a further three year implementation period to become compliant with the new requirements. After that, they are deemed to comply (meaning ONCA provisions will override noncompliant by-laws).”

Update – November 2017 – from Community Legal Education Ontario (CLEO):

New legislation proclaimed – On November 1st, 2017, the Ontario government passed Bill 154, the Cutting Unnecessary Red Tape Act, 2017. {Note: The Act received Royal Assent on November 14, 2017 and is now in effect.} It includes some important improvements to the ONCA that the ONN, charity law lawyers and nonprofit organizations have been asking for. “Collaboration in action!” reports CLEO.

Please note: The following update is intended to give you an overview of the new legislation and how it may likely impact nonprofit organizations. Please consult your legal advisor and the Act in more detail to determine how your organization will be impacted by these provisions.

icon: magnifying glassRead background, and details about changes coming under ONCA that may affect FOCA member associations – including proxies, membership classes and timing for distribution of financial statementsONCA Highlights @ Sept.2017 (Members-only post)

Michelle LewinONCA – Overview