Transition to the new Societies Act: Your summer homework starts now
By George Bryce, lawyer
As BC societies prepare for the transition to the new Societies Act (the New Act), a process that can start in late November, they would be wise to spend some time now to ensure that they have in place an accurate, complete and “legally correct” consolidation of their Constitution and Bylaws.
Some societies have reviewed their files to track the amendments they have made to their Constitution or Bylaws over the years. A few have discovered that, while their memberships approved changes to either foundation document, those amendments were not subsequently submitted to the Registrar’s office in Victoria. Under the current Society Act, an amendment to either a society’s Constitution or its Bylaws has no legal force or effect until the applicable Form 10 has been filed. The result has been that some societies have just discovered that they have been working with versions of their Constitution or Bylaws that were not “legal”.
Fortunately, the solution to this type of problem is not expensive and there is time to correct the problem and prepare a legally correct Office Consolidated version of a society’s Constitution and Bylaws. (These OC versions will be necessary in any event for the later transition to the New Act.) However, as the filings to support past amendments must be completed before the current Act is repealed (being also the date when the New Act comes into force) on November 28th, societies are advised to invest time and resources now so that they would not be caught in the mad rush of late filings that we can anticipate will take place at the end of the summer leading up to the November 28th deadline.
Societies wanting advice on the status of their current Constitution or Bylaws, in particular to ensure that all past amendments were properly filed, should consult with legal counsel. Holding such consultations and correcting any problems over the summer would be a wise use of everyone’s time.
A contributor of past articles on the new Societies Act, George Bryce is a Vancouver-based lawyer who represents a number of registered societies and non-profit organizations. He is available to help BC societies that want to ensure their transition to the New Act goes smoothly.
George K. Bryce
Email: gkbryce@telus.net
Website: www.BryceLaw.ca
Phone: 604-733-5027
