Bill 65, Ontario’s proposed Not-for-profit Corporations Act
This is exciting news for the nonprofits in Ontario as Bill 65 recognizes commercial activities and uses the much desired phase 'public benefit' sector to describe the work that we do. But there are a couple of changes that still need to be made.... read below to get the ability to issue 'Community Bonds' made into law.... 
Important Sector Notice: Public Hearings in August
Bill 65, Ontario’s proposed Not-for-profit Corporations Act, has the potential to be precedent-setting legislation that will serve the sector’s future, but this is a critical point in time as the draft Act moves into Committee for review. We need to advocate for three key changes in the current draft, and ensure two features are supported and remain in the final Act.
We support:
· The new designation “public benefit corporation” (whereas the federal act
refers to nonprofits as “soliciting corporations”);
· The ability of nonprofits to engage in commercial activities as long as revenues are used to forward our public benefit objectives
The changes we want:
· An accurate and clear
definition of a Public Benefit Corporation where a nonprofit
corporation can opt-in to the designation regardless of whether it
receives government funding.
· A permanent asset lock for Public Benefit Corporations in order to ensure assets remain in the public domain for the public good. (This already exists for charities; the current bill proposes only a temporary asset lock).
· Ability to access community bonds in order to raise capital in communities using a similar process and infrastructure that already exists for Ontario co-operatives.
The Standing Committee on Social Policy has scheduled four public hearings in August before it must submit its report and recommendations to the Ontario Legislature on September 13th. We cannot miss this opportunity to be heard and to ensure a positive outcome for the sector! The locations and dates of the public hearings are as follows:
· Toronto – August 23, 2010
· Kitchener – August 24, 2010
· Sudbury – August 25, 2010
· Kingston – August 26, 2010
To have a strong showing, we need organizations to make presentations at the public hearings. ONN can assist by providing briefing notes and talking points. Please sign up and/or recruit others by:
1. Contact the Committee Clerk, Katch Koch (416-325-3526 or katch_koch@ontla.ola.org) no later than Monday, August 9, 2010 with a first and second location preference.
2. To ensure your presentation will be heard given time constraints, contact your local MPP and/or MPP Committee members (here).
3. Advise Jane Hilderman at ONN (research@ontariononprofitnetwork.ca) about your interest.
4. Check www.ontla.on.ca ~1 week before the scheduled hearing for an agenda, the presenters, dates, times and specific locations.
Many voices are needed in order to make Bill 65 the Act we want and that Ontario needs!
Comments
Bill65
I am writing to identify the issues, We members of SIKH Community Concern about. PART 1--Special Resolutions submitted to a special meetings of Members must be adopted by 2/3 members of the list of total members
17 _(2)To be added, any amendment or purposed Clause adopted by Directors must be submitted to members in duly called meeting within 60 days.
22.(2)Special resolution empowers the directors to determine the numbers must be approved by members
24 To be added. One Term should be 3years tenure. There should be Two-Term restriction on the Directors to run. Stop a person to run for unspecified terms as It has been proved Directors always act as DICTATORS to Control the Organization for ever. There are Directors who don't let others be elected and remain on Board for 30 years by knowingly manipulating and controlling with help of Buddies and other friendly Directors. Members don’t accept this type of manipulation. Do you want to accept this type of manipulation?
28- RELIGIOUS TEMPLE always has One Class/Group of members such as in
M.P.P/M.P election there is one Clause of Voters. All Religions in the whole world Have one Clause membership as every person is equal and have equal rights.
31.(e) If Directors or Members file court case then Court may order interim order appointing third party to manage the affair of Religious Organization till final order.
48- Classes or Groups of Members of a Religious Organization or Institution.
(3)(a)2 –Religious Institutions (Temples) always has only one class or group of members
(c02- Religious Temples—There should be no conditions set in to end membership of a person.
Canadian Charter of Right and Freedom of Religion Act will disallow this type of conditions to end membership.
4. All member of a Religious Institution type Corp that has one class one group membership each member has the right to vote at meeting of members.
52 Financial Statement of each year.
2-If court or Directors extent date of annual meeting, then court must fix a date of meeting of members to approve the financial statement before filing to Revenue Canada each year.
57 1- as it.
2- To amend clauses of by-law of constitution of Religious Temple a quorum of2/3 members out of list of record of that year should be present in meeting as called.
61- If by any reason annual meeting is not called within 15 months of last annual meeting, 15%members out of present yearly list may request to Directors or Court to call meeting within 60 days .
83-Added (d) Financial Statement must be approved before to be filed with Revenue Canada in annual meeting with in 15 months from the last annual meeting of last year.
(7Court order barring examination of Record will not apply to Religious Temples Not for Profit Corp.
98 This section doesn’t apply to Religious institutions
104 This section doesn’t apply to religious Institutions as there is only one class or group.
!05-Same as in104
109-same as in 104.
114/117- In these sections ,rules doesn’t apply to Religious Institution Corp as special Act applicable for
Class Vote as In Religious Temples there are only one Group.
149. In this section Distribution of property as per Winding Up Clauses in Constitution, but property or
Funds remain in Canada to be distributed in Canada.
Members and Donors donate money in each Sunday Religious services, they should have control over the affair of Religious Temple. Members contribute funds to purchase property for community, they
have right over Directors to decide any matter related to Charity, not fanatics highhanded Directors.
Bill65’s proposed amendments will cause more concerns. There are so many Court Cases in Courts in Ontario going on year after year. Some cases no annual meeting ever called due to court orders .
That is not right to avoid annual meeting even Financial Statement never approved by members. The general consensus is that Bill65 in present form will swiftly produce more and more court cases which will hang on year after year. Some Religious Temples go on delay cases in court and never call annual meeting for 4 to 5 years, So where the Law stand when meeting has not been called for 5 years Officials of Ministry should study court cases in Ontario, then amend Bill65,s rules accordingly. Thus we demand to stop further court cases and amend the present form of Act to give more power and control to members and court must order within limit period if Charity is a Religious Institution. Please stop empowering the Directors who always act as Dictators. In Hindu, Muslim, Christian and Sikh Religions in Middle East and South Asia, members have more power to control over the Religious Organization or Temples. Don’t give more power to Directors for Religious Institutions. In present form there is no hope for members in controlling the affair as Directors have free ride to manipulate and carry on year after year never retiring from directorship. Stop this highhandedness.
Appointment of OMBUDSMAN or DIRECTOR to hear complaints and grievances of members of Corp.
Brampton.
Sept07,2010.
Hon Johan Gerretsen
Minister of Consumer Services.
Queen Park, Toronto
ON- M7A IA1
Dear Sir
I am writing to you as Bill65’s proposed amendments in present form cause more concerns as Directors are being given more power. Our concern with our experiences with court cases in Ontario Courts,Hon Judges don’t understand that in Middle East Countries and in India, Pakistan, Sri Lanka,Bangladesh,Napal and other South Asian Countries, Religious Temples Members have more say and power over Directors to manage the affair of Religious Organization which always has one class of members. Donors donate money and they have right to know where their contributed money is being spent by Directors. Our Concern is only where Religious Charity is being founded by community members. We members of Sikh Community of Mississauga,Brampton and Toronto hereby request to you to consider attached suggestions giving more control to members. Directors cannot de- franchise the old membership in the organization. Thus Democratic Rights of members should be concern of Ontario Govt. Our Experience is Highhandedness and dictatorship of Directors in managing Religious Organization always the concern of members who cannot go to court to protect their rights. Thus all Ontario Govt Ministers and M.P.Ps should have all ears for public comments and grievance of members of Religious Organization. Now is right time to give more power to members not to Directors. We sincerely hope you will consider to put our suggestions into Bill65. Thanks you in anticipations.
Yours Truly.
Jasmer Singh Grewal
5-Valleywest Road
Brampton,ON-L6P 2J9
jasmergrewal@hotmail.com
Ph:905-794-4147.
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