Corporate Update
September 2020 Charity & NFP Law Update
Published on September 30, 2020

By Theresa L.M. Man

ONCA Proclamation Deadline Extended to December 31, 2021

The Legislative Assembly of Ontario carried a vote in favour of Motion 89 on September 21, 2020, extending the final deadline for the Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) to be passed. Pursuant to the Legislation Act, 2006, legislation that remains unproclaimed for nine or more years prior to December 31 of the preceding calendar year is subject to repeal by December 31^st of the 10^th year. In relation to the ONCA, which was enacted in 2010, it means that the ONCA must be proclaimed by December 31, 2020, or it would be subject to repeal.

Motion 89 extends the proclamation period by one year, allowing the ONCA until December 31, 2021 to be proclaimed into force. However, the extension does not apply to provisions in the ONCA dealing with class voting and non-voting members’ rights.

Read the September 2020 Charity & NFP Law Update