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ARTICLE · 12 JANUARY 2016

Should Your Organization Stay Under The ONCA Or Continue To The CNCA?

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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Recently, the Ontario Ministry of Government and Consumer Services (the "Ministry") released an update regarding the status of the Ontario Not-for-Profit Corporations Act, 2010.

CanadaCorporate/Commercial Law

Recently, the Ontario Ministry of Government and Consumer Services (the "Ministry") released an update regarding the status of the Ontario Not-for-Profit Corporations Act, 2010 ("ONCA"). The latest news is that the Ministry will give at least 24 months' notice before the ONCA becomes effective. Based on this announcement, the ONCA will not come into force before 2018. For the time being, the Ontario Corporations Act ("OCA") will continue to govern non-share capital corporations that are incorporated in Ontario.

Many Ontario non-share capital corporations have been waiting to update their corporate governance documents, including their letters patent and by-laws, to comply with the ONCA closer to the ONCA coming-into-force date. For a corporation that is content with its current governance documents, this delay is not an issue. However, a corporation that needs to amend its governance documents or wants to move to a more modern corporation statute should consider

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