On transition, a pre-exiting society which qualifies may become a “member funded society”, a special type of society which is not subject to the reporting, disclosure, and winding up requirements of a typical society. Many societies, particularly closely-held societies, will want this status. It is obtained by adding a statement to the society’s constitution at the time of filing a transition application with the BC Corporate Registry. But if that deadline is missed, an application to the court is necessary. The particular phrasing of the section is unclear, as is…
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BC Registries: New FAQ re: special gaming licenses for member-funded societies
BC Registries has clarified whether a member-funded society may apply for a gambling event license in order to conduct fundraising activities.
BC Registries provide more information on transition, digital on-boarding
At a presentation in Vancouver in early July, staff from the BC Registries provided some additional information on the transition process meant to assist those without legal representation to transition their societies. The talk primarily dealt with the new online registries system, as well as an “onboarding” process which will take place in October 2016.
Transition: A simple plan, defined
If you are transitioning a society on your own, the process is quite simple. This post details the barebones process for transition of a non-member-funded society.
Regulations: Societies Regulations released
The Regulations under the new BC Societies Act (“the Act”) are now available. 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. It also contains provisions on Directors and Senior Managers who are 16 and 17 years old. The Model Bylaws will be dealt with in another post.
Drop dead transition date: November 28, 2018
All BC societies should complete a bare minimum transition by November 28, 2018 or risk being struck from the register.
Societies and the Civil Resolution Tribunal
The BC Government has passed legislation which will change how society disputes are handled. All societies, members, and non-profit partners should be aware of these changes.
What Societies Act applications may be heard before a Master (or the CRT)?
It is difficult to know which level of court a society may assert certain provisions of the Societies Act before. A Master of the BC Supreme Court has certain limited powers, while a judge is able to rely on the inherent jurisdiction of the court as well as specific statutory powers set out in the new Act to determine certain final relief.
2017: A year of great Societies Act cases
Societies Act lawyers often rely only on the statutory language. It is useful to regularly consult recent court cases to determine if BC judges have considered the modernized act and either incorporated prior leading case law or common-law principles into the jurisprudence. A list of three cases from 2017, all notable, are below.
Transition
As of November 28, 2016, current and extra-provincially registered societies must “transition” to the new Societies Act. Don’t panic! There’s lots of time: transition does not need to be completed until November 28, 2018. This article provides the basics of who needs to transition, what they should be doing now, and what needs to be done on transition.