New Target Date for the Ontario Not-For-Profit Corporations Act

October 2012 | Kate Lazier

The Ontario government recently announced that the Not-For-Profit Corporations Act, 2010 (the “ONCA”) will come into force on July 1, 2013.  As we have reported previously, the ONCA has been passed by the Ontario Legislature but is not yet in force.  It will come into force on the day named by proclamation.  On that day, the ONCA will apply to non-share capital corporations established under the Corporations Act (Ontario).

While the current target date is July 1, 2013, the government has in the past announced earlier target in-force dates.  Our understanding is that the government is waiting to have regulations and electronic filing systems in place before it officially announces that the legislation is in force. In the Spring of 2012, the government released a draft outline of the regulations to the ONCA.   We understand that this draft was revised but not re-released.  We are still waiting for the release of draft regulations.

With the moving target date and the current government being prorogued, we have been asked whether we expect July 1, 2013 to be the actual in-force date.   Predicting the future is difficult.  The first sign that this date will hold firm will be the release of draft regulations.  Once there are draft regulations, the next issue is politics.  As noted, the government has already passed the legislation and the in-force date is determined by proclamation of the Lieutenant Governor in Council.  This process does not require a sitting government.  However, political considerations may nonetheless impact whether and when this legislation is brought into force.  So we need to wait and see.

Miller Thomson LLP’s charity and not-for-profit group will continue to keep our readers updated as this legislation progresses through the legislative process.

Disclaimer

This publication is provided as an information service and may include items reported from other sources. We do not warrant its accuracy. This information is not meant as legal opinion or advice.

Miller Thomson LLP uses your contact information to send you information electronically on legal topics, seminars, and firm events that may be of interest to you. If you have any questions about our information practices or obligations under Canada's anti-spam laws, please contact us at privacy@millerthomson.com.

© 2018 Miller Thomson LLP. This publication may be reproduced and distributed in its entirety provided no alterations are made to the form or content. Any other form of reproduction or distribution requires the prior written consent of Miller Thomson LLP which may be requested by contacting newsletters@millerthomson.com.