SOCIETIES ACT Overview: New name: British Columbia Societies Act - - PDF document

SOCIETIES ACT

Overview:

• New name:

British Columbia Societies Act

• Reasons for Change:
• Improved transparency;
• Increases member rights and participation;
• Better alignment with other legislation
• Becomes law effective November 28, 2016.
• Automatically applies to all pre-existing societies.
• Two year “Transition Window” to restate Constitution and
• Bylaws. All societies must transition by November 27, 2018.
• Working through the transition is not difficult but specific legal

advice should be sought with respect to any particular situation.

• Additional information is available on the Province of British

Columbia website. Google “BC Societies Act”.

SOCIETIES ACT

Transition:

• Must be completed between November 28, 2016 and

November 27, 2018.

• Consider requesting “Transition Package” from Registrar

($40.00) to receive hard copy of current documents and all previous changes.

• All Annual Reports must be filed before transition can occur.
• General Meeting of Members to make required changes (if

any).

• Consider updating bylaws and passing a special resolution to

repeal the previous version and approve the entire new set.

• Digitally file revised Constitution and Bylaws online to complete

transition.

SOCIETIES ACT

MEMBER FUNDED PUBLICLY FUNDED

• Minimum 1 Director

Minimum 3 Directors

• Board

can be 100% employees Independent majority

• No

public disclosure

• f

financials Public disclosure of financials

• No

public disclosure

• f

Director and Officer remuneration Public disclosure of Director and Officer remuneration

• Requires Special Resolution

to include status in bylaws Society Act – presumption of publicly - funded

• Access to “Gaming Funds”

may not be available

• If society goes offside on the

conditions there are very

• nerous requirements to be

reinstated “Member Funded” Funding Test:

• Not eligible for member-funded status if the society received,

during the prior 2 year rolling calculation period, public donations and/or government funding having a total value greater than the specified threshold amount. Threshold is the greater of: a) 10% of society gross income over the 2 year period; and b) $20,000

SOCIETIES ACT

Record Keeping: In an attempt to increase transparency, the following information must be made available on request at the registered office.

• Member List
• be careful what information is included in order to protect

privacy and security

• minimum must include name and contact information
• bylaws may restrict access subject to certain assurances
• Financial Statements
• Consents of Directors to serve
• Register of Directors, including contact information
• Conflict declarations for all directors and “senior managers”
• Directors Meeting Minutes and Accounting Records
• Open

to inspection by Members unless bylaws specifically restrict access

SOCIETIES ACT

Other Points of Interest:

• Unalterable Provisions:
• Identified as “unalterable” under the old “Society Act” are

no longer permitted.

• Usually relates to provisions dealing with the wind-up or

dissolution of the society.

• On transition provision can delete the reference to

unalterable or include wording “previously unalterable under the Society Act”.

• Special Resolution
• Threshold may be reduced from 75% to 66 2/3%
• If no threshold is identified for Special Resolutions it will

automatically be 66 2/3%.

• Senior Manager
• Executive Director or others designated by Board to

exercise the directors’ authority to manage the society now have similar responsibilities as directors.

• Annual General Meeting
• AGM must be held at least once per calendar year
• Can forgo actual meeting for AGM if all voting members

unanimously sign consent resolutions providing for the business required at the AGM.