The ONCA (Ontario Not for Profit Corporation Act) was updated in 2010 and only recently came into force on October 19th 2021. There are new requirements for operating a not-for-profit outlined in the Act and our Association has until October 18th, 2024 to update our Bylaws and Articles to follow the new requirements. The BICA Board of Directors formed a Bylaws committee to review the new requirements, draft an updated set of Bylaws, have them approved by the BICA membership, and then file the appropriate documents with the Government to make it official. Many thanks to Trevor Marshall for leading this project and also to Ron Kivikink and Scott Boatman for their contributions.
Below you will find a final copy of the proposed 2024 BICA Bylaws, which we will ask the BICA membership to approve by Special Resolution at our Annual Members Meeting on July 27th, 2024.
Please review these Bylaws ahead of our meeting on the 27th. While reviewing the Bylaws, you will see clarifications and additional information in footnotes that will help explain where new content and requirements come from. If you would like further information, the following website is also an excellent resource with a clear and well organized breakdown of the new ONCA requirements and a how-to guide for transitioning here – https://nonprofitlaw.cleo.on.ca/transition-to-onca/.
Where new information has been included (information not contained in previous BICA bylaws) it has been highlighted in yellow. Where wording has been updated by the Bylaws committee or Board of Directors, it has been shown with blue text.
For quick reference, the following is a summary of the updated Bylaws operational highlights:
- The three classes of Membership remain the same as the previous Bylaws; Full Membership, Associate Membership, and Honorary Life Membership (HLM).
- Full Members and HLMs have voting rights.
- Associate Members do not have voting rights, but are entitled to enjoy all the privileges of membership, including receiving notice of and attending all Meeting of Members.
- The Members shall elect a Board of Directors having a minimum of 7 and a maximum of 13 Directors. From these Directors the following Officers of the Board shall be appointed; a President or Co-President, Vice President, Secretary, and Treasurer.
- The Board of Directors shall be elected by a majority vote of those Members present at the Annual Members Meeting.
- Quorum for the Annual Members Meeting or a Special Meeting of Members is 25% of Full Members in good standing.
- Quorum for a Board Meeting is a majority of acting Directors.
- The term of a Director is 3 years. Directors shall be eligible for re-election for further 3-year terms.
- The Bylaws must be reviewed at a minimum every 5 years.
- Voting members are allowed to elect a proxy to vote in their place.
- Members meetings and Board meetings may take place by electronic means.
Thank you on behalf of the BICA Board of Directors and the Bylaws Committee for taking the time to read these Bylaws. We hope to see you at this year’s Annual Meeting on July 27th.
Bay Of Islands Community Association