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Difference between revisions of "Preparing for Transition under the New Societies Act"
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Preparing for Transition under the New Societies Act (view source)
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If you are moving an “unalterable” provision from the society’s constitution to the bylaws, mark that provision as having been “previously unalterable”. For example, a society might have an unalterable provision in its constitution about remuneration of board members: | If you are moving an “unalterable” provision from the society’s constitution to the bylaws, mark that provision as having been “previously unalterable”. For example, a society might have an unalterable provision in its constitution about remuneration of board members: | ||
'''''3. The society shall be carried on without purpose of gain for its members. No member of the board shall be paid any remuneration for services rendered to the society but may be paid his reasonable expenses. This paragraph is unalterable.''''' | |||
''' | |||
On moving this provision to the consolidated bylaws, it could look like this: | |||
'''''Provisions from the Society’s Pre-Transition Constitution | |||
40. The society shall be carried on without purpose of gain for its members. No member of the board shall be paid any remuneration for services rendered to the society but may be paid his reasonable expenses. This provision was previously unalterable.''''' | |||
Note that on transition, any previously unalterable provisions cannot be amended. Other provisions you move from your society’s constitution to your bylaws (and other bylaws for that matter), can be amended on transition – with member approval. But any potential amendments to previously unalterable provisions must wait until after the society has filed its transition application. | |||
===If the society was a reporting society=== | |||
If the society was a reporting society under the old ''Society Act'', incorporate the new reporting society provisions into the consolidated bylaws. | |||
Reporting societies under the old ''Society Act'' include hospitals, insurance societies and other societies that require government consent to incorporate, as well as any society that has a subsidiary. Approximately 1% of BC’s 27,000 societies are reporting societies, and most can expect to be notified of this status by the Corporate Registry by early November 2016. (A society is not reporting just because it files annual reports with the Corporate Registry.) | |||
The new reporting society provisions are in [http://www.canlii.org/en/bc/laws/regu/bc-reg-216-2015/latest/bc-reg-216-2015.html#Schedule_3__58546 Schedule 3 of the Societies Regulation]. They contain special rules, such as the requirement to have an auditor. | |||
A reporting society under the old ''Society Act'' must include these provisions without alteration in the bylaws filed with the transition application. Once the provisions have been included in a society’s bylaws on transition, they can be altered like any other bylaw. | |||
