ONCA Delayed Until 2016

July 31, 2014 | Andrew Valentine

The Ontario government has confirmed that the Not-for-Profit Corporations Act (ONCA) is not expected to be in force until 2016. 

The ONCA was passed by the Ontario Legislature in 2010 and will come into force on a day to be named by proclamation.  The government has confirmed that two steps must be completed before the ONCA can be proclaimed in force.  First, certain technical amendments to the legislation must be passed.  Second, the government must upgrade its technology to accommodate the new Act and its changes.

Bill 85 was introduced by the Legislature in 2013 and included technical amendments to the ONCA.  However, this Bill died when a provincial election was called in 2014.  These amendments will need to be re-introduced and passed before the ONCA can be proclaimed in force.  Given this issue, as well as the technological updates that remain, the government has indicated that the ONCA is unlikely to be in force before 2016.

Most non-profit corporations incorporated in Ontario will be subject to the ONCA once it is in force.  After the ONCA comes into force, corporations will have a three-year transition period to bring their governing documents and bylaws into compliance with the new legislation.

We will continue to keep readers updated as the ONCA progresses.


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.

© 2023 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.