It is now old news that the Not-for-Profit Corporations Act, 2010 ("ONCA") received Royal Assent on October 25, 2010. Although more than 3 years have passed since then, the ONCA is still not in force. Prior to the calling of the June 12, 2014 election, the ONCA was expected to come into force sometime in late 2014 or early 2015. The government website now states that the ONCA is not expected to be proclaimed in force prior to 2016.
Bill 85, which was introduced in June 2013, would have amended over 80 Ontario statutes, including the ONCA. According to the Ontario Government, the ONCA was anticipated to come into force no earlier than six months after the passage of Bill 85. When the election was called, Bill 85 was being debated at second reading. As a result, Bill 85 died on the order paper. In order for the ONCA to be proclaimed into force, the technical amendments provided for in Bill 85 still need to be enacted. That means the Bill will need to be reintroduced (and given a new number) and the legislative process (beginning with first reading) started anew. If the time taken to lead Bill 85 through first and second reading of the legislative process is any indication, the reintroduction of the Bill and ensuing process, will likely take us well into 2016. Whether or not the ONCA will be a priority of the new government also remains to be seen. In addition, it appears that some groups in the not-for-profit sector have been advocating for further amendments to what was Bill 85.
It is possible that the new amending legislation will be different than Bill 85, or that it will be further amended in committee through the legislative process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
