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An Act respecting not-for-profit corporations and certain other corporations Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. (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. (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. 13 (1) A corporation shall not be incorporated or continued under this Act with, change its name to, or have, carry on activities under or identify itself by, a name that is prohibited by the regulations or that does not meet the 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 Regulations made under this Act. Whereas the User Fees ActFootnote a applies in respect of the fees fixed in the annexed Regulations; And whereas the requirements of section 4 of that Act have been complied with; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 293 of the Canada Not-for-profit Corporations ActFootnote b, hereby makes the annexed Canada Not-for-profit Corporations Regulations. Short title This Act may be cited. 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. 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. Canada Not-for-profit Corporations Act, S.C. 2009, c. 23 Canada Not-for-profit Corporations Regulation, (Can. Certified Specialist, Corporate and Commercial Law Minden Gross LLP Friday Shaded provisions are not in force. For more. 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. PART 1 Interpretation and Application Interpretation Marginal note: Definitions 2 (1) The following definitions apply in this Act. Short Title Marginal note: Short title 1 This Act may be cited as the Canada Not-for-profit Corporations Act. 16 For the purpose of subsection 2(5.1) of the Act. (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. This Act may be cited as the Corporations Act. 2012 National Charity Law Symposium Procedural Issues and Strategies Under the Canada Not-For-Profit Corporations Act Hartley R. Nathan, Q.C. The new 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, 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. 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. 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. 24 For the purpose of subsection 111(2) of the Act, the prescribed period is one year. 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. Canada Not-for-profit Corporations Regulations 1 - Interpretation 2 - PART 1 - General 2 - Corporate Records and Registers 9 - Electronic Documents 15 - Dispensation Requirement 16 - PART 2 - Time Periods and Prescribed 16 See coming into force provision and notes, where applicable. (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. 2 (1) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of directors is. 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. (b) the current residential address of each officer; (c) an email address if the officer has consented to receiving information or documents by electronic means; and. (b) each member’s class or group, if any. "Act" means the Canada Not-For-Profit Corporations Act, S.C. 2009, c.23, including Regulations made pursuant to the Act, and any statute or regulations that may be … 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. 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… (2) For the purpose of paragraph 61(2)(b) of the Act, the prescribed period is one year. 7 For the purposes of subsections 22(2) and 23(1) of the Act, the prescribed period is within 10 days after receipt of the statutory declaration, 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. The Canada Not-for-profit Corporations Act (the “NFP Act”) came into force on October 17, 2011. 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. “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 … Reg. (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. Canada Not-for-profit Corporations Regulations ( SOR /2011-223) Regulations are current to 2020-09-22 and last amended on 2020-01-15. "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 … (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. (e) the class or group of membership of each member, if any. (2) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of officers is. 11 For the purpose of subsection 266(3) of the Act, an addressee may revoke the consent in writing. By members. Regulations are current to 2020-12-17 and last amended on 2020-01-15. The Canada Not-for-profit Corporations Act, S.C. 2009, c. 23 (NPCA) came into force on October 17, 2011.The NPCA supersedes Part II of the Canada Corporations Act (CCA), the former federal legislation for those seeking to incorporate a not-for-profit corporation (NFP). (d) for each person named in the register, the date on which that person became an officer and, if applicable, the date on which that person ceased to be an officer. (c) the aggregate principal amount of the outstanding debt obligations. (2) For the purpose of paragraph 72(2)(b) of the Act, the prescribed period is six months. In this by-law and all other by-laws of the Corporation, unless the context otherwise requires: 1. Short title 1. (e) the principal amount of each of the outstanding debt obligations of each debt obligation holder. * [Note: Regulations in force October 17, 2011, see SI/2011-87.] Canada Not-for-Profit Corporations Act The CNCA is modelled after and structured like the Canada Business Corporations Act (CBCA). 20 For the purpose of paragraph 95(4)(a) of the Act, the prescribed period is one year. 3 For the purpose of subsection 44(1) of the Act, the prescribed information is. Previous Versions, Canada Not-for-profit Corporations Regulations. The deadline is today. 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. 4 For the purpose of subsection 21(4) of the Act, the prescribed period is six years after the end of the financial year to which the accounting records relate. 23 For the purpose of subsection 105(2) of the Act, the prescribed period is 90 days. 13 An electronic document is considered to have been provided when it leaves an information system within the control of the originator or another person who provided the document on the originator’s behalf. 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. The new Canada Not-for-Profit Corporations Act ("CNCA") introduces a quagmire of financial rules based on two new class divisions that interact in inexplicable ways. The table of concordance for federal, provincial, and territorial business corporations acts is current to January 15, 2020 (Revision 8) 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; Objectives of the Canada Not-for-profit Corporations Act (NFP Act) As stated by The Honourable Diane Ablonczy, Minister of State (Small Business and Tourism) "This new Act would promote accountability, transparency and good corporate governance for the not for profit sector and is the first significant modernization of Canada's not-for-profit legislation since 1917." (d) for each person named in the register, the date on which that person became a director and, if applicable, the date on which that person ceased to be a director. Many CBCA provisions are not … \"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 substituted, as amended from time to time; 2. 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. "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 … The Ontario government has asked for comments on regulations affecting the new Ontario Not-For-Profit Corporations (ONCA). •To provide you with Canada Not‐for‐Profit Corporations Act: Background Information The new Canada Not‐for‐Profit Corporations Act replaces the existing Canada Corporations Act , which has not been substantially updated since 1917. Regulations are current to 2020-12-17 and last amended on 2020-01-15. 1986 c12 s1 Back to Top Definitions 2. 19 (1) For the purpose of paragraph 72(2)(a) of the Act, the prescribed period is one year. 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. 2011-223) Amended by SOR/2019-224 [To come into force January 15, 2020.] Canada Not-for-profit Corporations Regulations SOR/2011-223 CANADA NOT-FOR-PROFIT CORPORATIONS ACT Registration 2011-10-06 Canada Not-for-profit Corporations Regulations P.C. 1 In these Regulations, Act means the Canada Not-for-profit Corporations Act. 10 (1) For the purpose of paragraph 266(2)(a) of the Act, the consent shall be in writing. \"articles\" means the original or restated articles of incorporation or articles of amendment, amalgamation, continuance, reorganization, arrangement or revival of the Corporation; 3. 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