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Difference between revisions of "Reviewing Your Non-profit Society's Bylaws"
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Reviewing Your Non-profit Society's Bylaws (view source)
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While the third option is encouraged, this guide focuses on the first two options, recognizing that many non-profits are constrained by time and resources. | While the third option is encouraged, this guide focuses on the first two options, recognizing that many non-profits are constrained by time and resources. | ||
===Option 1: Revise your society’s existing bylaws=== | |||
This option features working through your society’s current bylaws to consider whether provisions in the new ''Societies Act'' are at odds with the bylaws or offer options to adapt the bylaws to better fit your society’s needs. | |||
If your society currently uses the model bylaws under the old ''Society Act'', they may not need radical changes. The old model bylaws, often called '''Schedule B bylaws''' because they appeared in Schedule B of the old Act, are for the most part compliant with the new Act. That said, there are a few clauses in the Schedule B model bylaws that are somewhat in tension with the new Act: two are highlighted in the discussion below on conducting a clause-by-clause analysis. | |||
As well, other clauses in the Schedule B bylaws don’t take advantage of the flexibility provided under new Act. For example, under the new Act a society’s directors have discretion to issue a debenture on borrowing funds, unless the bylaws restrict that discretion – which the Schedule B bylaws do, by requiring a special resolution of members to issue a debenture. So effectively that clause of the Schedule B bylaws curtails the flexibility introduced with the new Act. | |||
For these reasons, even though those using the old Schedule B model bylaws may not need to make extensive changes, conducting a bylaw review is still recommended. | |||
Alternatively, you could replace your bylaws with the new model bylaws, customizing them to your society’s needs. Which brings us to option 2. | |||
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| text = If your society currently uses the model bylaws under the old ''Society Act'', often called Schedule B bylaws, there may not be many changes needed to your bylaws. The Schedule B bylaws – available as a Word document on the Corporate Registry’s website – have a few clauses that are somewhat in tension with the new Act, and others that don’t take advantage of the flexibility provided under the new Act. The section below on conducting a clause-by-clause analysis highlights clauses to pay particular attention to if you are currently using the Schedule B bylaws. | |||
}} | |||
