What Happens If You Don’t Comply With ONCA by October 18, 2024?

Are you involved with a nonprofit organization in Ontario? If so, you need to know about the Ontario Not-for-Profit Corporations Act (ONCA) and its impact on your organization. Updating your nonprofit's documents might seem like a daunting task, but it's crucial for ensuring compliance and maintaining the effectiveness of your operations. Here’s why it’s so important and what you need to do.

What is ONCA?

The Ontario Not-for-Profit Corporations Act (ONCA) is a set of regulations that govern how nonprofits in Ontario are managed. ONCA came into effect on October 19, 2021, bringing with it new rules that all nonprofits must follow. This act aims to make nonprofit governance more transparent and consistent across the board.

Do Existing Nonprofits Need New Bylaws?

If your nonprofit was incorporated before ONCA was proclaimed on October 19, 2021, you’re not required to pass new bylaws immediately. However, it’s a very good idea to do so. Why? Because your current bylaws or articles might not comply with the new rules set by ONCA. You have until October 18, 2024, to review, update, and file your governing documents with the Ontario government.

What Happens If You Don’t Update?

Compliance Issues

Until October 18, 2024, the rules in your current articles and bylaws will continue to be valid, as long as they were valid before ONCA took effect. But after this date, any part of your bylaws that doesn’t comply with ONCA will become invalid and will automatically be replaced by the default rules in ONCA. This could create significant challenges for your organization.

Governance Confusion

Without updated bylaws, you’ll face the difficulty of determining which of your bylaws are still valid and which are not. This could lead to confusion and inefficiency in your governance processes, making it harder to make decisions and run your organization smoothly.

Impact on Charitable Status

For nonprofits that are also charities, failing to update and file your bylaws with the Canada Revenue Agency (CRA) could have serious repercussions. Non-compliance might impact your charitable status, which could result in the loss of certain privileges, such as tax exemptions and the ability to issue tax receipts for donations.

Why Is It Important to Comply?

Legal Protection

Ensuring that your bylaws comply with ONCA provides legal protection for your organization. It helps you avoid potential legal disputes and penalties that could arise from non-compliance.

Operational Clarity

Updated bylaws that align with ONCA will provide clear guidelines for how your nonprofit should operate. This clarity is essential for effective governance and smooth operation, helping everyone involved understand their roles and responsibilities.

Enhanced Credibility

Being compliant with ONCA enhances your nonprofit’s credibility. It shows that your organization is committed to maintaining high standards of governance and transparency, which can be appealing to donors, members, and the public.

Future Readiness

By updating your documents now, you prepare your organization for the future. This proactive approach ensures that your nonprofit is ready to adapt to any further changes in the regulatory landscape without last-minute scrambles.

Steps to Update Your Nonprofit’s Documents

1. Review Current Bylaws: Start by thoroughly reviewing your existing bylaws and Letters Patent to identify any areas that may not comply with ONCA.
2. Understand ONCA Requirements: Familiarize yourself with the new rules and requirements under ONCA. You may want to consult with a legal expert who specializes in nonprofit law to ensure you fully understand what changes are needed.
3. Draft New Bylaws: Based on your review and understanding of ONCA, draft new bylaws that comply with the act. Make sure to involve your board of directors and key stakeholders in this process.
4. Get Approval: Once your new bylaws are drafted, present them to your board of directors for approval. This step may also require a vote by your members, depending on your current bylaws.
5. File with the Ontario Government: After approval, file your updated bylaws with the Ontario government before the October 18, 2024 deadline.
6. File with the CRA: If your nonprofit is also a charity, ensure that you file your updated bylaws with the Canada Revenue Agency Charities Directorate to maintain your charitable status.

Updating your nonprofit’s documents to comply with ONCA might seem like a lot of work, but it’s essential for ensuring your organization remains legally compliant, operationally effective, and credible. Don’t wait until the last minute. Start the process now to give your nonprofit the best chance for a smooth transition into the new regulatory framework. By doing so, you’ll be safeguarding your organization’s future and demonstrating your commitment to good governance.