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ARTICLE · 16 SEPTEMBER 2024

Know Your Members With Certainty: Tackling Specific Challenges In The ONCA Transition

Gowling WLG
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Membership-related issues are common concerns for Ontario non-share capital corporations transitioning to the Ontario Not-for-Profit Corporations Act, 2010 ("ONCA").

CanadaCorporate/Commercial Law
Gwenyth Stadig
Gwenyth Stadig
Carole Chouinard
Carole Chouinard
Neil McCormick
Neil McCormick
Amber LeBlanc (Summer Law Student)
Amber LeBlanc (Summer Law Student)
Andrea Leung
Andrea Leung
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Membership-related issues are common concerns for Ontario non-share capital corporations transitioning to the Ontario Not-for-Profit Corporations Act, 2010 ("ONCA").

The ONCA transition deadline is approaching

The ONCA came into force on Oct. 19, 2021, largely replacing the Ontario Corporations Act ("OCA"). As part of the transition between the two statutes, a grace period was included, allowing a corporation's constating documents to operate notwithstanding any inconsistency with the ONCA for three years. However, that three-year grace period is coming to an end on Oct. 19, 2024. On that date any provisions that do not align with the ONCA will be deemed to be amended to the extent necessary to bring them into conformity with the ONCA.

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