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NEW SOCIETIES ACT TO COME INTO FORCE ON NOVEMBER 28, 2016

Posted on Friday, Dec 04, 2015

The new and long-awaited Societies Act (the “New Act”) will come into force on November 28, 2016. Existing British Columbia societies will have two years from that date to transition to the New Act by filing a transition application, including updated constitution and bylaws.

The Province of British Columbia passed an Order in Council on November 23, 2015, approving the in-force date of the New Act. The Order in Council also introduced the new Societies Regulation (the “New Regulation”) that applies to the New Act. The Order in Council can be viewed here.

When the New Act comes into force, the existing Society Act will be repealed and the New Act will apply to all pre-existing societies, including those that have not yet transitioned to the New Act. Any bylaw provisions that are inconsistent with the New Act will have no effect as of November 28, 2016, subject to certain exceptions around director qualifications.

The New Regulation clarifies certain provisions of the New Act. Of particular interest to societies, most societies, including all registered charities, will be required to disclose the remuneration paid to the 10 most highly remunerated employees and contractors whose remuneration is at least $75,000. Societies will also have to disclose the position or title of those employees or the nature of services provided by those contractors.

The Province is in the process of creating a new electronic system to file documents under the New Act and is currently surveying societies regarding the shape of the new system.

For more information on the New Act, please read our FAQ on the New Act here or contact De Jager Volkenant & Company.

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