Ontario not-for-profit corporations under the Ontario Corporations Act and dealing with ONCA
If you are an Ontario not-for-profit corporation you have to deal with the changes under ONCA and you have a number of options including moving to the Federal
The Ontario Not-for-Profit Corporations Act (“ONCA”) was originally passed in 2010 and was expected to come into force in 2013, but unfortunately, it has been delayed many times. The Ontario Government has targeted ONCA to come into force in early 2020. When ONCA comes into force it will apply to all non-share capital corporations currently under the Ontario Corporations Act (“OCA”).
Many Ontario corporations have held off on making corporate changes, some of them quite important, because ONCA is “just around the corner” and they were waiting to make all the changes together.
Although some Ontario non-profit corporations may choose to wait for ONCA to come into force, another viable option for an Ontario non-profit corporation is to transfer to the federal jurisdiction by continuing under the Canada Not-for-profit Corporations Act (“CNCA”).
In this presentation we will discuss:
- Some of the advantages and disadvantages of an Ontario non-profit moving from the Ontario jurisdiction to the Federal jurisdiction; and
- The process and requirements to make such a continuance
Here is an overview of the topics covered:
- What is your non-profit?
- What is ONCA and how is it different than the CNCA?
- The Big picture
- Recent Changes
- Questions to Prepare
- Charities and Registered Charities
- Moving from Ontario to Federal
- Additional Information
- Next Steps
- Resources on ONCA
It is not intended for groups that are under the Canada Not-for-profit Corporations Act (“CNCA”) or other provincial non-profit acts.
Mark Blumberg is a partner at the law firm Blumberg Segal LLP (Blumbergs) in Toronto and works almost exclusively advising non-profits and registered charities on their work in Canada and abroad.Mark has written numerous articles, is a frequent speaker on legal issues involving charity and not-for-profit law and is the editor of www.CanadianCharityLaw.ca and www.globalphilanthropy.ca™ – Canadian websites dedicated to news about the Canadian charitable sector as well as legal and ethical issues for Canadian charities operating in Canada or overseas.He also manages www.charitydata.ca and www.smartgiving.ca.
Mark is particularly interested in the regulation of non-profits and charities in Canada, philanthropy, transparency requirements for the voluntary sector, providing accessible information on regulatory issues, and the use of data to make more informed decisions on the charity sector.
Mark is quoted regularly in print media and appears frequently on radio and television on topics relating to philanthropy and the regulation of charities in Canada.Mark has also appeared on a number of occasions in front of the House of Commons Standing Committee on Finance on topics such as charity regulation, transparency, accountability and tax incentives for philanthropy. Mark has also made presentations to the Charities Directorate Annual All Staff Meeting as well the Annual Divisional Staff Meeting of the Determinations Section of Charities Directorate. Mark has presented to the Financial Action Task Force (FATF) when the FATF conducted an evaluation of anti-money laundering and counter-terrorism in Canada in 2015. Mark has testified at the Special Senate Committee on the Charitable Sector and the Standing Senate Committee on National Finance.
Mark is on the Charities Directorate Technical Issues Working Group, which is a bi-annual meeting between the Charities Directorate, the Department of Finance and the charity sector to discuss technical and policy issues pertaining to registered charities and the Income Tax Act (Canada). Mark is a member of the Exempt Organizations Committee of the American Bar Association.Mark spent 6 years on the Advisory Committee for the Master of Philanthropy and Nonprofit Leadership (MPNL) at Carleton University.Mark is on the Board of the Canadian Charity Law Association.
Mark has co-authored 20 Questions Directors of Not-for-Profit Organizations Should Ask About Mergers (Published by CPA Canada) and co-wrote a chapter on International Trends in Government-Nonprofit Relations: Constancy, Change, and Contradictions in Nonprofits and Government: Collaboration and Conflict.
Mark lectures frequently to various industry and professional groups on charity compliance issues including the Chartered Professional Accountants Canada (CPA Canada), as well as CPA Ontario, BC and Alberta, Canadian Bar Association, Ontario Bar Association, Canadian Association of Gift Planners, Association of Fundraising Professionals, Community Foundations of Canada, Ontario Hospital Association, and Ontario Non-profit Network.
Mark has also presented to and for organizations such as the APRA Canada, CanadaHelps, Canadian Charity Law Association, Canadian Environmental Grantmakers Network, Canadian Red Cross, Care Canada, Carleton University, Chapel and York, CharityVillage, Circle on Aboriginal Philanthropy, CIVICUS, Charity Law Information Program, various community foundations, the Estate Planning Council of Toronto, Federated Press, Canadian Institute, Humber College, Laidlaw Foundation, Law Society of Upper Canada, OCIC, Osgoode Hall Law School, PAGER, Volunteer MBC, Pillar Nonprofit Network, PWC Canada, RBC Foundation, Regional Diversity Roundtable of Peel, Ryerson University, The Schulich School of Business, Strategy Institute, United Jewish Appeal of Greater Toronto, United Way Canada, Universite de Montreal, University of Toronto, Vitalize, and World Vision Law Day.
Mark has a B.A. in Political Science from the University of Toronto, an LLB from the University of British Columbia and a LLM from Osgoode Hall Law School in Tax Law.