Corporate Update
June 2022 Charity & NFP Law Update
Published on June 29 2022

By Theresa L.M. Man
   
 

Saskatchewan Enacts Non-profit Corporations Act, 2021 and Consequential Amendments

Saskatchewan’s new not-for-profit legislation, Bill 75, The Non-profit Corporations Act, 2021 (the “New Act”) and Bill 76, The Non-profit Corporations Consequential Amendments Act, 2021 (the “Amending Act”) received Royal Assent on May 18, 2022 after it was introduced for First Reading on December 7, 2021. As reported in the January 2022 Charity & NFP Law Update, the New Act and Amending Act will, respectively, replace Saskatchewan’s current Non-profit Corporations Act, 1995 and make consequential amendments to other legislation in the province.

The New Act is modelled after Saskatchewan’s current for-profit corporate legislation, The Business Corporations Act, 2021, and modernizes provisions to reflect current practices, replace outdated rules and language, reduce red tape, and create efficiencies for organizations by emphasizing the use of modern technologies.

Of note, the New Act updates provisions for boards of trade and chambers of commerce; removes certain notice and filing requirements with the registrar; permits corporate names to be in Cree, Dene, or other prescribed Indigenous languages; expressly permits the use of electronic technologies, such as sending financial statements electronically and holding electronic meetings; removes the current requirement that at least 25% of directors be Canadian residents; and removes the registrar’s ability to appoint non-accountants to conduct audits or reviews, while allowing for increased dollar thresholds for mandatory audits or review requirements.

The Amending Act makes consequential amendments to other legislation, including The Business Corporations Act, 2021, The Business Names Registration Act, and The Charitable Fund-raising Businesses Act, among others. Broadly speaking, these amendments are housekeeping in nature.

The New Act will come into force by order of the Lieutenant Governor in Council, and the Amending Act will be brought into force together with the New Act. As such, the current Non-profit Corporations Act, 1995 remains in force in Saskatchewan, and will not be repealed until the New Act is brought into force.

   
 

Read the June 2022 Charity & NFP Law Update