Update on new Ontario Not-for-Profit Corporations Act

January 7, 2020 | Karima Kanani, Meg Berkovitz (née Spevak)

The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) was passed in 2010 and, up to recently, the Ministry of Government and Consumer Services (“MGCS”) had been indicating that it was expected to come into force in early 2020.

The MGCS has provided updated status information on the ONCA, indicating that the launch date is now expected to move beyond early 2020.  No specific date for the launch has been communicated. The MGCS has indicated that the delayed implementation is on account of continued development of technology solutions to support ONCA implementation.

Once the ONCA comes into force, not-for-profit corporations incorporated in Ontario will have a three-year transition period to make necessary changes to their governing documents.

Until the ONCA comes into force, the Ontario Corporations Act (“OCA”) continues to govern Ontario not-for-profit corporations.  In 2017, the OCA was amended to provide flexibility to Ontario non-profit governance rules until the ONCA comes into force. Please refer to our communique of February 9, 2018, of changes to the OCA.

Miller Thomson’s Health Industry Group will continue to keep you apprised of updates related to the ONCA. Contact us to learn more about our Health Industry Governance Programs and to register for our Coffee Talk Board of Directors Seminar Series.

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