Bussey Ainsworth drafts and reviews bylaws for charities and non-profits across Ontario. The work brings the rules that govern your organisation into line with the Ontario Not-for-Profit Corporations Act (ONCA), and writes them to reflect how your board and members actually operate.

ONCA changed many of the rules that bylaws must follow, and the deadline to bring older bylaws into conformity has now passed. Provisions that conflict with the Act are treated as automatically amended, which often leaves a board unsure whether it is following the ONCA requirements when they follow their own unrevised bylaws. Clear, compliant bylaws remove that doubt.

At Bussey Ainsworth we focus on non-profit and charity law. We have helped numerous non-profit boards achieve peace of mind by ensuring their bylaws are in compliance with ONCA.

What the work involves

Whether you are starting fresh or updating bylaws that no longer fit, we prepare a set that satisfies ONCA and reflects your organisation as it really works. We review your existing documents, identify the gaps and conflicts, draft bylaws in plain language, and guide the board through approving and recording them properly. Where the bylaw work forms part of a wider review, it can be handled together with an ONCA compliance audit.

Who this is for

This work suits:

  • Non-profits and charities whose bylaws predate ONCA
  • New organisations that need their first set of bylaws
  • Boards that have outgrown bylaws written for a smaller or simpler group
  • Faith-based organisations that want bylaws reflecting both the law and their values

What good bylaws need to address

Under ONCA, a sound set of bylaws should deal with, among other things:

  • Membership: the classes of members, and the rights and conditions attached to each
  • Directors and officers: how they are elected or appointed, their terms, and how vacancies are filled
  • Meetings: how members’ and directors’ meetings are called, what notice is required, and what counts as a quorum
  • Voting: how votes are taken, including by proxy or electronic means where the Act allows
  • Conflicts of interest, and the duties owed by directors and officers
  • Financial review: whether your organisation requires an audit or a review engagement

A Note from Barry W. Bussey

Barry W. Bussey, lead lawyer at Bussey Ainsworth

Bylaws are not the part of charity work that anyone finds exciting, but I have seen what happens when they are neglected. A dispute that should have been settled in a single paragraph instead consumes a board for months. For ten years I served as Director of Legal Affairs at a national charities umbrella organisation, advising charities across the country, and I have worked with churches, charities, and community groups for more than thirty years.

Good bylaws are quiet insurance. My aim is to give your organisation a rulebook it can rely on, so the board can spend its energy on the mission rather than on procedure. I take on a limited number of these files, so each organisation has my direct attention.

Begin with a conversation

The best place to start is a brief conversation, at no charge, about your organisation and its current bylaws. Barry will tell you candidly whether they need attention and what the work would involve.

Book an Introductory Call

Or call the Peterborough office at (705) 749-0628.