To assist those societies who provide essential services and those individuals searching for this information, here are all Public Health Orders and Ministerial Orders in one place. Current to December 8, 2020 (updates ongoing). This may not be completed, so use due diligence and review. There is no substitute for careful review of the exact terms of the orders and obtain legal advice where applicable. Public Health Orders These are stored on the BC Government’s Website. Orders of note include: Province-wide restrictions (November 19, 2020), extended to January 8, 2021…
Can a society “fine” its members? 2019 BCCRT 830: Tam v. Owners Association et al
When a Society may properly fine its members was raised before the Civil Resolution Tribunal, in the context of a rental pool arrangement and compulsory society membership in Whistler, BC. The case is Tam v. Evolution Owners’ Association et al, 2019 BCCRT 830 (CanLII).
BC seeks public input into Societies, Corporations, Cooperatives legislation
The BC Government is seeking input into proposed amendments for certain corporate legislation, with a deadline of August 23, 2019 for feedback. More information is available directly from the BC Government here. Photo by Siomonn Pulla under a Creative Commons license. No changes were made to this image.
Societies Act White Paper: Online Mirror
The Ministry of Finance has removed the 2014 Societies Act White Paper from its website. A mirrored copy of the paper, which includes an early draft of the legislation and drafters’ rationale, is available here.
Fraud sentence affirmed: R v. Dunkers, 2018 BCCA 363
Convicted fraudster Anita Dunkers has had her 2014 five year imprisonment and restitution sentence affirmed by the BC Court of Appeal. Ms. Dunkers was central to the fraud that brought down the Capital Families Association (“CFA”), a society and registered charity, leaving a gap in the social services and family assistance world in the Western Communities on Vancouver Island.
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.
New Miscellaneous Amendments in Force
Minor clean-up of the Societies Act continues. Sections 18 to 20 and 22 to 26 of the Miscellaneous Statutes Amendment Act (No. 2), 2018, c. 23 (Bill 24) are in force October 1, 2018 (BC Reg 192/2018), and the Societies Transitional Interim Regulation (BC Reg 99/2016) is repealed.
Three member discipline “don’ts”
Disciplining members is frequently done incorrectly. It is often arbitrary, quick, and without a fair process. This leaves the action, however valid, vulnerable to challenge. This post clarifies three “don’ts” of member discipline and expulsion.
Can my society have alternate directors?
Can my society have “alternate directors” — individuals who exercise the powers of an absent director? Can directors vote by proxy? What are the limits in general corporate law applicable to societies in this situation?
When does a volunteer need a work permit?
When can visitors to Canada assist Canadian non-profits in a volunteer capacity? Can a charitable or religious worker obtain a work permit, and if so, must they be paid? This post describes some of the common issues faced by non-profits and volunteers.