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ARTICLE · 25 SEPTEMBER 2021

CNCA vs. ONCA: Similar But Not The Same

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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This article is part of a series on the new Ontario Not-for-Profit Corporations Act, 2010 (ONCA), which will replace the current Ontario Corporations Act (OCA) in governing charities and not-for-profits...

CanadaCorporate/Commercial Law

This article is part of a series on the new Ontario Not-for-Profit Corporations Act, 2010 (ONCA), which will replace the current Ontario Corporations Act  (OCA) in governing charities and not-for-profits as of October 19, 2021.

Background

When the ONCA comes into force, Ontario will finally come in line with its federal counterpart, the Canada Not-for-profit Corporations Act (CNCA). Like the CNCA, the ONCA will harmonize not-for-profit legislation with its for-profit equivalent and modernize the legal framework to meet Ontario's current charity and not-for-profit (CNFP) needs.

What you need to know

It is important to note that rights and responsibilities vary between the ONCA and the CNCA. Understanding these nuances is essential to knowing where to incorporate your CNFP or, perhaps, whether to move your CNFP to the CNCA or the ONCA. Here is what you need to know:

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