Charity FAQs

As the deadline for transitioning to the Ontario Not-for-Profit Corporations Act, 2010 (ONCA) approaches on October 18, 2024, many non-profit organizations find themselves in a race against time to ensure compliance. However, it's important to remember that with a little effort and the right guidance, these organizations can successfully navigate the necessary changes. Even though estimating the costs may seem like a puzzle, there are experts available to help you solve it.

Understanding the Complexity:

Imagine trying to guess how much a house renovation will cost without knowing the size of the house, what materials are needed, or how much work needs to be done. That's similar to the challenge faced by legal professionals when estimating costs for ONCA-related changes for non-profit organizations.

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Factors Making it Unique for Each:

1. Diverse Situations: Each non-profit organization is unique, with different structures, activities, and histories. This means there's no one-size-fits-all solution.
2. Current Compliance Status: Some organizations haven't updated their documents for years, complicating the process further.
3. Need for Details: Estimating costs requires digging into the organization's current documents and discussing potential changes in depth.
4. Nature of Changes: Some changes are straightforward, while others, especially for registered charities, involve more complexity and time.
5. Client Involvement: The level of assistance and decisiveness from the organization's side also impacts costs.

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Estimating Costs:

Instead of offering fixed prices, most charity law firms work based on hourly rates and the complexity of the task. A typical budget for such services ranges from $3,000 to $15,000, but it can vary widely, depending on the charity law firm you choose.

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Key Considerations for Cost:

1. Type of Transaction: Moving to CNCA or staying with ONCA involves different levels of work.
2. Decision-Making Process: Quick decisions save time and money, while frequent changes increase costs.
3. Client Cooperation: Providing necessary information promptly and efficiently reduces the time needed.
4. Internal Capacity: Organizations with more capacity can assist more, reducing legal time.
5. Implementation Assistance: Legal firms may assist with AGMs or special meetings, adding to costs.
6. Stakeholder Involvement: Regulatory engagement or stakeholder concerns can prolong the process.
7. Membership Structure: Large or complex memberships require more time and effort.

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Why Legal Counsel Matters:

Having knowledgeable legal counsel can ultimately save money, speed up the process, and reduce risks. It's an investment that pays off in the long run, considering these changes aren't frequent.

Estimating the costs of legal services for ONCA transition or CNCA continuance is like untangling a knot. It's complex, involving various factors unique to each organization. However, with the right legal guidance and client cooperation, navigating through this challenge becomes more manageable.

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