The Ontario government has announced that:
- Ontario’s Not-For-Profit Corporations (ONCA), will be proclaimed (finally) and
- the new Ontario Business Registry will be launched on October 19, 2021.
ONCA, legislation nonprofits have been waiting for since 2010, is the “enabling” corporate legal framework for most not for profits and charities incorporated under Ontario law.
FAQs / DISCUSSION GUIDE to your NONPROFIT’s or CHARITY’s NEXT STEPS
Also see Useful Links below.
- We are incorporated under the Ontario Corporations Act. What should we do?
- Register now: you will have access to news about the Ontario Business Registry and receive your log-in credentials when it launches. Register at ca/BusinessRegistry.
- Discuss your plans to update your By-law(s) and other governance documents.
- Assess whether your current membership structure is still ideal for your nonprofit or charity.
- Evaluate whether or not your objects are still appropriate. If not, you will want to begin exploring one or more amendments to your Articles of Incorporation (Letters Patent – a term being replaced with Articles of Incorporation).
- Once launched, look for your agency’s Profile on the new Ontario Business Registry, using your new Company Key. The Ontario government will share details about obtaining this key closer to Oct 19.
2. How long do we have to comply with ONCA?
- Nonprofits have three years after the Oct 19th 2021 proclamation to make the changes required to comply with new rules under ONCA.
3. What if we use an agent, vendor or intermediary to complete filings?
Qualified intermediaries may continue to complete transactions on behalf of not-for-profits via authorized Service Providers. Qualified intermediaries are:
- Lawyers and paralegals governed by the Law Society of Ontario
- Chartered Professional Accountants governed by the Chartered Professional Accountants of Ontario
- Law clerks filing under the direction and guidance of a lawyer governed by the Law Society of Ontario
- Members of the Ontario Association of Professional Searches of Records (OAPSOR) who regularly file with the Ministry on behalf of corporations and other entities, law firms and accounting firms.
4. What is the new Ontario Business Registry?
- The new Ontario Business Registry is an online registry intended to simplify and make it more affordable for businesses and not-for-profit corporations to interact with the Ontario government.
- It replaces old technology, enabling direct access 24/7, 365.
- It will support the efficient completion of over 90 transactions online.
5. What if we prefer to use in-person government services?
- As of October 18, the Toronto ServiceOntario counter (375 University Avenue) will close, except for appointment-only service to qualified intermediaries that need documents processed urgently.
- Service counters across the province will no longer endorse articles submitted under the Business Corporations Act.
- Some legal forms serving the nonprofit sector continue to highlight that many not for profits and charities will prefer to move to the Canada Not-for-profit Corporations Act (“CNCA”).
Useful Links
- Not-for-Profit Corporations Act, 2010
- Ministry of Government and Consumer Services
- CLIENT CENTERED GOVERNANCE ® Essentials Online Certificate Course . Accessible 24/7 365. Affordable, for event the smallest nonprofit organization.
VisionarEase Inc and Client Centered Governance ® materials are in no way presented as legal advice. The Ontario government may alter its plans at anytime, or make additional important announcements. Please see our disclaimer (Link in Footer) statements and consult with your legal team for assistance with decision-making. Stay in the loop with the latest on ONCA by regularly checking the above governmenr website(s).