Transition to Ontario's Not-for-Profit Corporations Act, 2010
As of October 19, 2021, Ontario’s Not-for-Profit Corporations Act, 2010 (ONCA) came into force, which updates rules for Ontario not-for-profit corporations subject to ONCA.
If your charity is incorporated under the Ontario Corporations Act, you should review the impact of the new ONCA provisions and determine whether you need to make any changes to your charity’s incorporating and other documents, including your purposes, before the end of the transition period on October 18, 2024. The consent of Ontario’s Public Guardian and Trustee is required if your charity wants to opt out of ONCA’s mandatory “after acquired” clause, which applies to charities’ funds after a charity changes its purposes. For more information, see the Government of Ontario’s Not-for-Profit Incorporator’s Handbook.
In general, the ONCA provisions automatically apply to Ontario not-for-profit corporations as of October 19, 2021, subject to the transition provision in s. 207, which provides for a three-year transition period. For more information, go to the Guide to Ontario’s Not-for-Profit Corporations Act, 2010.
Community Legal Education Ontario’s Nonprofit Law website also has resources to help not-for-profit corporations with ONCA-related issues.
If you are considering changing your charity’s governing document, including its charitable purposes, contact the Charities Directorate.
If you have amended your charity’s governing document, prepare the following:
- a scanned copy of your Certificate of Amendment and Articles of Amendment under Ontario’s Not-for-Profit Corporations Act, 2010
- if confirmed, a scanned copy of your new certified bylaws, signed by two authorized directors of your organization
When ready, submit the documents to the Charities Directorate.