Proposed Regulation under the Not-for-Profit Corporations Act, 2010
Regulation - Minister
Bill or Act:
Summary of Proposal:
ServiceOntario of the Ministry of Government Services is responsible for the filing, recording, and searching requirements under the new Not-for-Profit Corporations Act, 2010. For example, ServiceOntario will handle applications for the incorporation of not-for-profit organizations under the Act.
Working in conjunction with the Ministry of Consumer Services, ServiceOntario is currently preparing to be operationally ready for the implementation of the Not-For-Profit Corporations Act, 2010, anticipated to come into force in late 2012. ServiceOntario is committed to ensuring and demonstrating excellence in the delivery of public services. We are looking to simplify the incorporation process for the not-for-profit community. In this respect, processes and IT infrastructure are being developed to reduce the time it takes to incorporate and to permit electronic incorporation.
Implementation of the new Act requires the development of a new regulation in respect of matters within ServiceOntario's responsibility. MCS' Regulation, related to matters within its areas of responsibility, is currently posted separately on the Regulatory Registry for consultation.
The matters that are planned to be addressed in MGS' regulation include:
- rules governing corporations' names, including prohibited, restricted and permitted words or expressions, and punctuation and other marks, as well as rules respecting the form and language of a name;
- rules respecting the content, form, and filing (both paper and electronic) of articles, applications, and other documents;
- a listing of supporting documents required to accompany articles and applications filed under the Act;
- rules governing the endorsement of articles and applications and the issuance of certificates by the Director appointed under the Act in both paper and electronic format;
- signature requirements for both paper and electronic filings;
- the methods by which notices or other documents may be sent by the Director and deemed receipt rules; and
- the manner in which the Director shall make the standard organizational by-laws publicly available..
At ServiceOntario, we are committed to providing you with fast, friendly and easy access to Ontario government information and services-online, in person, at kiosks and by phone.
MGS is seeking comments on the development of the new regulation. All comments received during the consultation period will be considered. To view Ontario's Not-for-Profit Corporations Act, 2010, see link below under Additional Document 1.
For additional background information about the Not-for-Profit Corporations Act, 2010, please see link below under Additional Document 2.
July 16, 2012
Comments Due Date:
August 31, 2012
Company and Personal Property Policy and Regulatory Services Unit
393 University Avenue, Suite 200
Toronto, ON M5G 2M2
Attn: Chris Edgar