A new electronic filing system will be established. Society act of bc pdf 19 incorporation of branch societies. The new societies act what bc societies need to know about the changing legislation prepared and presented by. The new societies act is in force as of november 28, 2016. The new british columbia societies act boughton law. The regulations under the new bc societies act the act are now available. The president is the chosen leader of an organization and should be familiar with the. In order to be compliant with the new societies act, every society will have to file a new constitution and a new set of bylaws with the registrar between november 28, 2016 and november 28, 2018. Transitioning to the new societies act by steven carey on november 28, 2016 the effective date, the existing society act bc will be repealed and replaced by the new societies act bc the new act. Bylaw changes brief background on november 28, 2016, the new societies act came into force, automatically replacing the previous legislation.
If a society is seeking funding or grants, or charitable status from the federal government, there may be a requirement to incorporate. The bc government is proposing a major rewrite of the society act, to be named societies act the legislation which governs approximately 27,000 nonprofit organizations incorporated in british columbia and is inviting public comments until october 15 th. The registrar or an assistant registrar or a magistrate, who has reason to believe that any registered society is being used for purposes prejudicial to public peace, welfare or good order in singapore or incompatible with the rules and objects of the society as entered in the register of societies or furnished to the registrar or to an. Applications for transition can be submitted online through the bc registry services website. British columbias new societies act the new act, which replaces the previous society act the old act, was passed on may 14, 2015, and recently came into force on november 28, 2016. The act includes significant updates to allow for more flexibility in how societies operate, while still protecting the public interest. The societies act is more explicit about the duties and rights of directors of a society than the old legislation was.
The societies regulation details certain requirements for society names, the default model bylaws, various fees, the reporting society provisions, and directions on how to report on remuneration of directors, employees and contractors. Click on a particular topic of interest below, or read the whole guide using the scroll bar. Information for registered charities currently incorporated under the society act of british columbia. Preparing for bcs new societies act bc snowmobile federation. Inclusion bc provides support, education and advocacy where and when its needed. If you are an administrator or board member of a nonprofit society, you will want to be prepared for the transition. If you are incorporated under the british columbia society act notforprofit corporations, you need to transition to the new societies act. A practical guide getting your society ready to transition to the bc societies act. A mirrored copy of the paper, which includes an early draft of the.
Oct 19, 2016 a starting point is the model bylaws found in the societies regulation bc reg. The societies act british columbia the new act is new legislation which repeals and replaces the current society act british columbia the current act. Requirements of an annual general meeting an annual general meeting is the business meeting of the membership and fulfils requirements as set out in the society act of bc, the bcaha bylaws and the parliamentary authority of roberts rules of order. Taking societies act part i is not a requirement of taking societies act part ii. The ministry of finance has removed the 2014 societies act white paper from its website. The british columbia societies act an introduction produced for volunteer victoria by pro bono students of canada volunteers. As part of its ongoing effort to collect practical material to assist societies in the transition to the new societies act, bc registry services has just published a new guide. New legislation is in place that all societies must abide by and bc rugbys governance committee, with support from fasken martineau llp, has created a guidance document for any rugby club or association to successfully transition in accordance with the new bc societies act. Overview background member funded society status good news constitution and bylaws significant changes transition methodology. A recent decision of the bc supreme court may set a precedent that rules and other documents incorporated by bylaw may be enforced as bylaws, when certain circumstances are met.
This law governs how nonprofit societies in bc are created and run. Transitioning to the new bc societies act the new act is not an option. The new societies act takes effect today, providing british columbia societies with additional flexibility and offering the public more transparency. Check out our annual report to see what weve been up to. New legislation will come into force the end of this november to govern societies formed or operating in bc. These provisions should be understood by the membership, potential and current directors, and those working with notforprofit organizations.
Societies act legislative assembly of british columbia. Societies act coming into force in november 2016 british. In the rare case where a society is a reporting society under the current act, a short set of provisions will be required to be copied and included without alteration in the societys bylaws on transition. The new act is modern and reflects the diverse nature of.
Be sure to refer to the full instructions for what you need to do before completing your forms. Societies, other than member funded societies, must have at least. Proposed bc societies act could invite litigation against. The government of british columbia has now enacted the societies act sbc 2015 part 6, division 1 which replaced the society act, r. Similar to what was done when the federal legislation. Groups interested in this form of organization should note that it is much more expensive to incorporate under the canada corporations act part 2. On bc laws you will find every public act, and every regulation of general public interest, currently in force in the province of british columbia, including new and recently amended laws that have yet to be published in official print formats. Almost all of our clubs can fall under the member funded society guidelines. Rather than providing an annotated act, this guide provides topicbytopic analysis and practical advice for advising societies on matters such as. Effective november 28, 2016, the current society act bc will be repealed and replaced with the societies act bc new act. For existing societies, there are some important takeaways. The professional and ethical standards for bc lawyers are contained in the legal profession act, the law society rules and the code of professional conduct for british columbia, as well as in court decisions and law society discipline decisions. Online filings can be submitted 24 hours a day, 7 days a week, except for 6.
Bcs new societies act and criminal records allcleared. Business practices and consumer protection authority act. The contents of your society s new constitution the society s new constitution will be a limited document. Groups interested in this form of organization should note that it is much more expensive to incorporate under the canada corporations act part 2 than under british columbias society act. The societies act came into effect november 28, 2016 and governs how societies notforprofit corporations are created and run in b. This year the province of british columbias new societies act will go into effect. British columbias new societies act what bc societies need to know about the changing legislation prepared and presented by. A transition checklist and overview of the new societies act. Overview brief background on the societies act member funded society status good news constitution and bylaws.
It is also one of the first reported cases to establish oppression under the new societies act. Join jamie and erin for this lunchtime discussion of the impending changes under the new societies act and what these changes mean to you. New societies act improves transparency and flexibility bc. For business or legal advice, you should go to a small business consultant or a lawyer. While there are many things in the new societies act, for snowmobile clubs in bc, the main decision we will have is whether to become a member funded society or a regular society after the transition. Whether changes to a societys bylaws or constitution are made or not, all societies incorporated in british columbia are required to transition under the new act by november 28, 2018. Legislative assembly of british columbia parliament buildings, victoria bc v8v 1x4 canada. Societies act as a registered charity, one of your obligations is to maintain your status as a legal entity. Are you ready for british columbias new societies act. Flexibility in allowing societies to craft a particular governance model that works best for them. The new bc societies act the act contains express provisions on the qualification and disqualification of directors. In the rare case where a society is a reporting society under the current act, a short set of provisions will be required to be copied and included without alteration in the society s bylaws on transition. The societies regulation details certain requirements for society names, the default model bylaws, various fees, the reporting society provisions, and directions on how to report on remuneration of.
New guide available to help societies with transition to societies act 15 april 2016 by kevin zakreski. All societies must transition to the new act by november 28, 2018 or risk being dissolved by the registrar. An annual general meeting is the business meeting of the membership and fulfils requirements as set out in the society act of bc, the bcaha bylaws and the. For further details on the new act, please see our previous article here, well as the following overview released by the british columbia.
A guide to the transition process 5 a society cannot be a memberfunded society if it is a registered charity or another type specifically prohibited from being one, such as a student society, hospital or independent school see section 1912bf of the act and section of the societies regulation. Like its predecessor, the new act provides the rules for the creation and governance of societies in british columbia. The following outlines some of the provisions relating to directors. The new societies act the act replaces the outdated society act with a more comprehensive framework that includes modern governance provisions that provides societies more flexibility in how they are created and operated. Societies incorporated in british columbia will have two years from. Transitioning to the new societies act cross country bc.
While maintaining much of the same basic notforprofit framework that currently governs bc societies, the new act significantly modernizes for the first time since the 1970s the governance regime to which bc societies are subject and introduces a number. Societies act coming into force in november 2016 26 november 2015 by elizabeth pinsent. Impact on preexisting societies 1 current society act new societies act types of society only societies that do not have a charitable purpose. New legislation is in place that all societies must abide by and bc rugbys governance committee, with support from fasken martineau llp, has created a guidance document for any rugby club or association to successfully transition. If you have ever been convicted of fraud or another related offence, you should know how it affects you. Inclusion bcs constitution and bylaws are governed by the bc societies act and reflect our organizational values and standards. The new bc societies act is coming into force on november 28, 2016, introducing major changes to the incorporation, membership and governance of all societies in bc. The new societies act will repeal and replace the existing society act, rsbc 1996, c. If you file an annual report with bc registry as a bc society, then you are affected by the act. Each society must transition their corporate structure under the new societies act within 2 years of the act coming into force on november 28, 2016. A starting point is the model bylaws found in the societies regulation bc reg.
Jul 12, 2016 bcs new societies act and criminal records. The law governing notforprofit corporations in british columbia is going to change dramatically in a little over a year, with the announcement pdf that the new societies act will come into force on 28 november 2016. Bc societies guide goes beyond being a transition handbook it is a comprehensive practice manual on all aspects of societies under the new legislative regime. Act rules and code the law society of british columbia. The party has amendedits bylaws which amendments are attached to the previous. A guide to the transition process 4 reporting societies. An introduction produced for volunteer victoria by pro bono students of canada volunteers. On 28 november 2016, bcs new societies act took effect.
New guide available to help societies with transition to. A new online filing system societies online has been developed, allowing societies to submit and obtain records faster and easier. Bc society annual report overview filing a bc society annual report the following overview provides the information you need to file a bc society annual report online. Read about how to file a transition application in societies online pdf. This will mean most bc societies will need to amend their constitution and bylaws. As a society, bcssa is affected by this change and was required to update its bylaws to comply with the rules and requirements of the new act. Home solve problems the british columbia societies act. Once a society is incorporated, it needs to maintain compliance with the societies act by filing annual reports and updating society information as required. Preexisting societies have a twoyear transition period to come into compliance with the new act.735 33 41 411 1310 29 293 909 711 463 1361 512 1348 627 570 660 1350 160 558 733 982 1147 62 1152 692 826 1488 1290 398 1069 912 167 1370 79 134 1067 164 175 996 90 434