Ontario’s Ministry of Government and Consumer Services (the “Ministry”) recently released new information with respect to the status of the Ontario Not-for-Profit Corporations Act (ONCA). Many charities in Ontario are planning, or have already taken steps, to transition to the ONCA, but are faced with the challenges of a delayed proclamation. ONCA passed its third reading in 2010 but has not yet been proclaimed, and is thus not yet in force.

According to the release, ONCA will not come into force until a number of technical amendments are made to the legislation and to related acts, and until technology is upgraded to support these changes and improve service delivery. Furthermore, the release stated that the Ministry will give the sector 24 months notice before proclamation, meaning that the earliest ONCA could come into force would be 2018. Once in force, existing corporations will have three years to transition into compliance with the new ONCA provisions.

We will continue to update you on ONCA updates as they become available. For more information on how to prepare for ONCA, please see Getting Ready for the ONCA: An Update.

Noteworthy is provided for general information purposes and does not constitute legal or professional advice. Every organization’s circumstances are unique. Before acting on the basis of information contained in this blog, readers should consult with a qualified lawyer for advice specific to their situation.

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