Bill 65, the Not-for-Profit Corporations Act, 2010 (the “New Act”), received Royal Assent on October 25, 2010 but will not be effective until it comes into force. We anticipate an in force date sometime in 2012.
Once in force, the New Act will govern non-share capital corporations that were originally governed by the Corporations Act (Ontario). Under the New Act, existing non-share capital corporations incorporated under the Corporations Act (Ontario) will have three years to amend their governing documents to conform with the New Act. If a corporation does not do so within the three year period, its governing documents will be deemed to be amended to the extent necessary to comply.
Because the New Act is not yet in force, technically no immediate action is required. However, organizations with membership classes or non-voting members would be well advised to review whether changes are necessary to achieve compliance, before the New Act comes into force.
