The ONCA deadline has passed. Find out exactly where your organisation stands, in one clear written report from a lawyer who spent a decade as counsel to Canada's charitable sector.
Book an Introductory CallBussey Ainsworth provides ONCA compliance audits for charities and non-profits across Ontario. The audit is a thorough review of your governing documents and governance practices, measured against the Act, ending in a clear written report of where your organisation stands and what, if anything, needs to change. Think of it as an investment in peace of mind.
As a small practice led by a lawyer with decades of national experience in non-profit and charity law, Bussey Ainsworth provides personalized, tailored attention that larger shops can’t match. Book an appointment today by visiting our Book a Consultation page, or calling (705) 749-0628.
The Ontario Not-for-Profit Corporations Act, or ONCA, is the law that sets out how charities and non-profits in this province must be governed.
The deadline to bring your non-profit organisation into line with ONCA passed on October 18, 2024. If your charity did not complete its transition by then, technically you are out of compliance. Even if your non-profit is out of compliance, however, there is good news: it’s not too late to put your governance in order.
Every responsible board should be able to answer one question with confidence: does our governance meet the law as it stands today? Many organisations cannot, because their bylaws and procedures have not been examined since ONCA came into force. The audit settles the question.
Since the transition deadline passed, the Act now treats provisions that conflict with it as automatically amended. That sounds tidy, but it can leave a board unsure what its own bylaws actually require. The problem tends to surface at the worst moment, in a membership dispute, a question from a new director, or a review by the Canada Revenue Agency.
An audit removes that uncertainty and gives your board the confidence that its foundation is sound, before anything puts it to the test.
We review your governing documents and practices against the requirements of ONCA, and, for registered charities, the expectations of the Canada Revenue Agency.
In particular, we examine:
We give particular attention to the gaps that most often give rise to disputes.
You receive a written findings report in plain language. It sets out each issue, explains its significance, and recommends a course of action.
The result is a clear assessment of where your organisation stands, together with a practical list of next steps.
Where amendments are required, we can carry them out. Where your governance is sound, the report will say so.
An audit is worth undertaking if any of the following apply:
Working with charities and non-profits is the part of my practice I care about most. For ten years I served as Director of Legal Affairs at a national charities umbrella organisation, advising charities across the country. I have acted for charities, churches, and community organisations for more than thirty years. I hold a Ph.D. in law from Leiden, an LL.M. in constitutional law from Osgoode, and a Master of Peace and Conflict Studies from Waterloo.
Charities do vital work, often with stretched resources and volunteer boards, and they deserve governance that is sound and counsel who understands their world. This is the work I love, and where my deepest expertise lies.
I take on a limited number of engagements, so that each organisation has my full attention from start to finish.
The most useful first step is a brief conversation, at no charge, about your organisation and its circumstances. I will tell you candidly whether an audit is warranted.
Or contact our Peterborough office at (705) 749-0628.
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