Many Aboriginal communities have established federal
not-for-profit corporations as part of their community economic,
social and cultural development and governance structure. Because
of changes to the legislation that governs those organizations,
there is a risk that some of those entities could be dissolved
unless action is taken to "continue" these corporations
under new federal legislation.
The Canada Not-for-profit Corporations Act (the
"New Act") came into force on October 17, 2011. The New
Act establishes a new framework for the governance of
federally-incorporated not-for-profit corporations. All
not-for-profit corporations incorporated under Part II of the
Canada Corporations Act (the "Old Act") must
continue under the New Act or they will be dissolved.
The deadline for continuing from the Old Act to under the New
Act is today, October 17, 2014. However, Corporations Canada
recently advised that corporations will not be automatically
dissolved if they fail to continue by that date. Instead, following
October 17, 2014, Corporations Canada will begin issuing notices of
dissolution to corporations that have not continued. Each notice of
dissolution will grant the corporation 120 days to continue. Any
corporation that fails to continue within that time will be
The continuance process involves adopting by-laws and other
corporate documents that conform with the New Act.
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