Why all the fuss?
If you happen to be member of a club or association or company that has not-for-profit status, you have probably heard rumblings about changes to your group’s bylaws. What’s the big deal? Over the past dozen years or so, the legislation that governs how not-for-profits can be run has changed at both the provincial and federal level.
How does this affect the OARC?
The OARC is registered as an Ontario not-for-profit corporation, which means it is governed by the Ontario Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15 (often referred to as ONCA). You may think that the OARC HAD been governed by ONCA since 2010 (the date in the Act’s title) but, in fact, ONCA has been in force only since October 19, 2021, and not-for-profits have until October 19, 2024 to amend their pre-existing bylaws to conform to ONCA.
Does the OARC need to change its bylaws?
If the OARC does not amend/update its bylaws, there are a few possible problems:
- Any OARC bylaw that contradicts ONCA will be unenforceable.
- ONCA has many provisions that provide options, and if the OARC bylaws do not specify which option should be used, ONCA enforces a default option.
Is there an easier way to understand ONCA?
Reading the Act itself is mind-numbing, but there are several easier to comprehend sources:
https://www.ontario.ca/page/guide-not-profit-corporations-act-2010
https://nonprofitlaw.cleo.on.ca/transition-to-onca/update-governing-documents/cleos-bylaw-builder/
Last Updated on 2024-06-26 by AdminOARC