Breaking News on the Ontario Not-For-Profit Corporations Act
Today, the Ontario Ministry of Government & Consumer Services (MGCS) has released an update regarding the status of the Ontario Not-for-Profit Corporations Act (ONCA) that delays implementation once again. The Ministry will now give at least 24 months notice to the sector before proclamation.
There have been a series of delays affecting proclamation of this Act and, given it passed 3rd reading in 2010, it will be almost a decade before it is fully implemented. The ONCA is ONN’s founding – and affectionately called our never-ending – issue.
ONN continues to co-chair the ONCA Implementation Steering Committee with the Ministry of Government & Consumer Services; a number of sector leaders provide ongoing feedback through this process. Although the sector was informed that a second technical amendments bill (formerly Bill 85) was required to be passed prior to the proclamation of ONCA, we were recently made aware that a completely new technological system was also required to be in place prior to proclamation that affects all corporate registrations and reporting, including business and not-for-profit corporations.
The passage of ONCA is noted as a priority for the Minister of Government and Consumer Services as expressed in the 2014 mandate letter from the Premier.
The Ministry of Government & Consumer Services has also stated that it is committed to working with ONN and the sector to address outstanding concerns through the technical bill and the implementation process so that when the Act is finally proclaimed, it will be a modern legislative framework tailored to the needs of the nonprofit sector.
ONN continues to strongly advocate for timely proclamation of this foundational act for our sector, as well as for the changes we need to ensure this legislation meets our sector’s needs.
In the meantime, the Ontario Corporations Act remains the governing legislation for not-for-profit corporations registered in Ontario. We will have at least two years’ advance notice of when proclamation will happen and there will continue to be a three-year transition period from the date of proclamation. We will also continue to advocate for effective and meaningful transition support for the sector.
Questions? Concerns? Let us know or contact the Ministry of Government & Consumer Services at: InfoMGCS@ontario.ca
Ontario Nonprofit Network
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