It is now old news that the Not-for-Profit Corporations Act, 2010 (“ONCA”) received Royal Assent on October 25, 2010. Although more than 3 years have passed since then, the ONCA is still not in force. Additional delays are now a certainty after the dissolution of the Legislative Assembly on May 2, 2014 and the calling of a general election in Ontario. Prior to the calling of the June 12, 2014 election, the ONCA was expected to come into force sometime in late 2014 or early 2015.

Bill 85, which was introduced in June 2013, would have amended over 80 Ontario statutes, including the ONCA. According to the Ontario Government, the ONCA was anticipated to come into force no earlier than six months after the passage of Bill 85. When the election was called, Bill 85 was being debated at second reading. As a result, Bill 85 has died on the order paper. In order for the ONCA to be proclaimed into force, the technical amendments provided for in Bill 85 still need to be enacted. That means the Bill will need to be reintroduced (and given a new number) and the legislative process (beginning with first reading) started anew.

If the time taken to lead Bill 85 through first and second reading of the legislative process is any indication, the reintroduction of the Bill and ensuing process, once a new government is elected, likely will take several months. Whether or not the ONCA will be a priority of the new government also remains to be seen. Accordingly, it is not possible to identify a definitive date, but it is likely that the ONCA will not be in force until sometime later in 2015 or early 2016.

In addition, it appears that some groups in the not- for-profit sector have been advocating for further amendments to what was Bill 85. It thus is possible that the new amending legislation will be different than Bill 85, or that it will be further amended in committee through the legislative process.