Not-for-Profit Corporations (ONCA) - Frequently Asked Questions

When will the Ontario Not-for-Profit Corporations Act (ONCA) take effect?

ONCA cannot come into force until:

  • the Legislative Assembly passes a number of technical amendments to the legislation and related acts
  • technology is upgraded to support these changes and improve service delivery

A bill containing these amendments, formerly known as Bill 85, was introduced in 2013 but died when the 2014 provincial election was called.

The government is fully committed to bringing ONCA into force at the earliest opportunity and will provide the sector with at least 24 months’ notice before proclamation. Existing corporations will have a three-year transition period once ONCA is in force and assistance will be available to ensure a smooth transition to implementation.

What are ONCA’s most important features?

ONCA’s key features are fully explained under Key Terms and are explained in the Guide to the Not-for-Profit Corporations Act.

Existing not-for-profit corporations will have a three-year transition period once ONCA is in force.

How long will my organization have to transition to ONCA?

Existing not-for-profit corporations will have three years to make any necessary amendments to their incorporation and other documents.

Documents that may need to be changed include letters patent and any supplementary letters patent, by-laws and special resolutions.

Corporations should review their documents before the end of this period.

If you are a special/private act corporation

With few exceptions, ONCA will apply to not-for-profit corporations that are incorporated under special or private acts.

If there is a conflict between ONCA or one of its regulations and another act or its regulations that applies to a corporation without share capital, the other act prevails. These corporations are encouraged to consult a lawyer to find out which legislation applies. 

If you are a company with social purposes

There is a five-year transition period for companies referred to as “companies that have objects in whole or in part of a social nature.”

Examples of these companies include, share capital social clubs (i.e. golf, tennis or country clubs) that are governed under Part II of the Corporations Act.

Learn more in the Transition Checklist.

If you are an insurance company

Insurance companies that are incorporated under the Corporations Act will continue to be governed by that act.

Learn more about Ontario's Not-for-Profit Corporations Act