As reported on in the November 2021 Charity & NFP Law Update, changes were made to the British Columbia Societies Act to make the Act more accessible and consistent and to address uncertainties and omissions in the Act. These changes were made through Bill 19, Societies Amendment Act, 2021, which received Royal Assent on October 28, 2021.
Certain changes that did not come into force upon Royal Assent have now come into force as of May 4, 2023, by virtue of Order in Council No. 274 approved on May 1, 2023, such as:
- by-laws must state when a director without a term of office will cease to hold office (if other than at the close of the next annual general meeting after a director’s election);
- additional information is required for the society’s register of directors and of members;
- directors may not vote by proxy at board meetings;
- notice of a general meeting must now include the date, time and (if applicable) location of the meeting as well as any instructions for attending and participating in an electronic meeting by telephone or other communication methods; and
- directors and senior managers who are in a conflict can remain in a meeting to provide information so long as one director, or a greater number if the bylaws so require, requests that they remain.
Certain other amendments to the Societies Act introduced by Bill 19 have not yet come into force, such as certain provisions regarding the restoration of a dissolved society; and the power to allow the Lieutenant Governor in Council to make certain regulations regarding record keeping by societies.
For a full list of the changes, please refer to the provisions in Order in Council No. 274 in conjunction with Bill 19 and the Societies Act.
Theresa L.M. Man joined Carters in 2001, becoming a partner in 2006, to practice in the area of charity and not-for-profit law. Ms. Man is recognized as a leading expert in charity and not-for-profit law by Lexpert, Best Lawyers in Canada, and Chambers and Partners. Ms. Man is the 2022 recipient of the OBA AMS/John Hodgson Award of Excellence in Charity and Not-For-Profit Law.