Publications

The time for BC Societies to transition to the new BC Societies Act has arrived. The new Act came into force on November 28th. Societies now have a two-year window in which to transition to the new legislation or risk being involuntarily dissolved by the Corporate Registry. Although this sounds like ample time, a Society will not be able to make any corporate filings or effect any corporate alterations prior to transitioning. Thus in most cases, we would advise that a Society transition in the coming months.

As we’ve written previously, the transitioning process is a fairly straight forward administrative process. The only matter that absolutely needs to be considered prior to transitioning is whether the Society might benefit from becoming a member-funded society. Most societies won’t qualify for the member-funded designation, but those that do qualify have the opportunity to escape many of the more onerous provisions of the new legislation. Most importantly, if a Society qualifies for and wants to avail themselves of the member-funded designation, they need to pass a special resolution and amend the Society’s Constitution before transitioning.

A Society that otherwise qualifies for the member-funded designation, but transitions without properly claiming the designation, can only later benefit from the designation by securing a court order.

For reference, the previous publications written by Chris Lennon on this same topic can be found here:

The New British Columbia Societies Act

The New Societies Act Part 2 – What Should Societies Do Now (To Prepare for Transition)

If you have any questions about the member-funded category or transitioning in general, please contact any member of our Charities and Not-for-Profit team, at your convenience.