\"articles\" means the original or restated articles of incorporation or articles of amendment, amalgamation, continuance, reorganization, arrangement or revival of the Corporation; 3. 1 1 Making Sense of the New ‘Canada Not-for-Profit Corporations Act’ Richard Bridge www.lawyerforcharities.ca richardbridge@ns.sympatico.ca 2 •To make you familiar with the key elements of the new Act. •To provide you with Subject to the provisions of the Canada Not-For-Profit Corporations Act, a non-voting member shall not be entitled to receive notice of or to vote at any annual or other ( neral meeting of the members of the corporation. 16 For the purpose of subsection 2(5.1) of the Act. 20 For the purpose of paragraph 95(4)(a) of the Act, the prescribed period is one year. (2) For the purpose of paragraph 266(2)(b) of the Act, information, other than information that is required under the Act to be sent to a specific place, may be sent as an electronic document to a place other than to an information system designated by the addressee under paragraph 266(2)(a) of the Act by posting it on or making it available through a generally accessible electronic source, such as a website, and by providing the addressee with notice in writing of the availability and location of that electronic document. The deadline is today. 15 For the purpose of paragraph 285(b) of the Act, the prescribed requirement is that the dispensation does not prejudice any of the members or the public interest. 8 (1) For the purposes of subsections 22(4), 23(2), 24(2) and 107(1) of the Act, the prescribed period for furnishing the list of debt obligation holders or the list of members is within 10 days after receipt of the statutory declaration or receipt of the Director’s request, as the case may be, not including a period beginning on the day on which an application is made to the Director under section 25 of the Act and ending on the day on which the Director renders a decision with respect to the application. Bill C-4, An Act respecting not-for-profit corporations and certain other corporations, which received Royal Assent June 23, 2009, creates the Canada Not-for-profit Corporations Act (NFP Act) to replace the CCA. 24 For the purpose of subsection 111(2) of the Act, the prescribed period is one year. The NFP Act replaces Part II of the Canada Corporations Act (the “CCA”), which has remained substantially the same since 1917, as the governing legislation for federal corporations without share capital, or not-for-profit corporations. Some of the proposed statutory amendments, which affect distributing corporations and cooperatives, will require regulations to provide for: 1. the election of directors, which includes individual voting and voting for and against; 2. notice and access for documents, including financial statements, required for shareh… The Canada Not-for-profit Corporations Act (the “NFP Act”) came into force on October 17, 2011. (b) each member’s class or group, if any. On September 28, 2016, Bill C-25 An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Actwas introduced. 1986 c12 s1 Back to Top Definitions 2. 22 For the purpose of section 99 of the Act, the prescribed period is one year after the day on which the notice was received. Canada Not-for-Profit Corporations Act The CNCA is modelled after and structured like the Canada Business Corporations Act (CBCA). (a) the name of each debt obligation holder; (b) the residential or business address of each debt obligation holder; (c) an email address if the debt obligation holder has consented to receiving information or documents by electronic means; (d) for each person named in the register, the date on which that person became a debt obligation holder and, if applicable, the date on which that person ceased to be a debt obligation holder; and. "Act" means the Canada Not-For-Profit Corporations Act S.C. 2009, c.23 including the Regulations made pursuant to the Act, and any statute or regulations that may be … Previous Versions, Full Document: Canada Not-for-profit Corporations Regulations, Definition of “soliciting corporation”, Debt Obligation Certificates and Transfers, Receivers, Receiver-Managers and Sequestrators, Time Period for Annual Meeting of Members, Communication Facilities for Meeting of Members, Rules of Procedure for Applications for Exemptions, Cancellation of Articles and Certificates, Canada Not-for-profit Corporations Regulations, French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. 14 An electronic document is considered to have been received, (a) if the document is provided to the information system designated by the addressee, when it enters that information system; or. (b) the current residential address of each director; (c) an email address if the director has consented to receiving information or documents by electronic means; and. Regulations made under this Act. Regulations are current to 2020-12-17 and last amended on 2020-01-15. (b) the current residential or business address of each member; (c) an email address if the member has consented to receiving information or documents by electronic means; (d) for each person named in the register, the date on which that person became a member and, if applicable, the date on which that person ceased to be a member; and. 6 For the purposes of subsections 23(2) and 24(2) of the Act, the prescribed information that has to be set out in the list of members is the following information drawn from the register of members: (a) the names, in alphabetical order, and addresses of the members; and. Reg. 3 For the purpose of subsection 44(1) of the Act, the prescribed information is. * 95 These Regulations come into force on the day on which subsection 293(1) of the Canada Not-for-profit Corporations Act, chapter 23 of the Statutes of Canada, 2009, comes into force. (2) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of officers is. For more. Societies (not-for-profit corporations) that are created and operate in British Columbia need to complete their transition to the new rules in order to be compliant with the new Societies Act by November 28, 2018. Canada Not-for-profit Corporations Regulations (SOR/2011-223) Order Designating the Minister of Industry for the Purposes of the Canada Not-for-profit Corporations Act (SI/2011-60) Date modified: 2020-12-15. (b) if the document is posted on or made available through a generally accessible electronic source, when the notice referred to in subsection 10(2) is received by the addressee or, if sent electronically, when the notice enters the information system designated by the addressee. 23 For the purpose of subsection 105(2) of the Act, the prescribed period is 90 days. Short title This Act may be cited. 5 For the purposes of subsections 22(4), 24(2) and 107(1) of the Act, the prescribed information that has to be set out in the list of debt obligation holders is the following information drawn from the debt obligations register: (a) the names, in alphabetical order, and addresses of the registered debt obligation holders; (b) the principal amount of outstanding debt obligations for each debt obligation holder; and. 11 For the purpose of subsection 266(3) of the Act, an addressee may revoke the consent in writing. Regulations are current to 2020-12-17 and last amended on 2020-01-15. Certified Specialist, Corporate and Commercial Law Minden Gross LLP Friday See coming into force provision and notes, where applicable. 3 On June 23, 2009, the Canada Not-for-Profit Corporations Act (the “CNCA”) received Royal Assent heralding a modern governance era for Canadian non-share capital corporations.1 Government discretion over incorporation and 12 For the purposes of paragraphs 267(b) and 268(2)(b) of the Act, when several addressees are provided with information, that information shall be provided concurrently, regardless of the manner of provision. In this Act (a) "affairs" means the relationship among a corporation, its affiliates and the shareholders, directors and officers of bodies corporate, but does not include business activities carried on by the bodies corporate; (2) For the purposes of subsections 22(4), 23(2), 24(2) and 107(1) of the Act, the day for the lists to be up to date is not more than 10 days before the receipt of the statutory declaration or request. 2011-223) Amended by SOR/2019-224 [To come into force January 15, 2020.] See coming into force provision and notes, where applicable. ONCA consultation: Proposed regulations to support proclamation of the Not-for-Profit Corporations Act, 2010 (also here is a PDF of the proposed regulations) On June 23, 2009, Bill C-4, the Canada Not-for-profit Corporations Act, received Royal Assent.5 The unofficial best estimate as to when the Act will come into force is spring 2011. 2 (1) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of directors is. 17 For the purpose of subsection 44(5) of the Act, the prescribed period is six years after the day on which the certificate was cancelled. (a) the prescribed duration is from the date prescribed in paragraph (b) to the third annual meeting of members following that date; (b) the prescribed date is the date of the first annual meeting of members following the last financial year end; (c) the prescribed period is the duration of the last financial year; and. 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