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Changes to the Society Act
Significant amendments to the Society Act were brought into force on November 1, 2004. To view the consolidation of the Society Act click here.
Listed below are the highlights of the amendments.
Corporate Registry staff no longer examine bylaws at the time of incorporation or when bylaws are changed. Instead, the registry is the repository of the bylaws for public access. A society must ensure their bylaws comply with section 6 of the Society Act before filing them with the registrar's office. If a society requires assistance in drafting or changing their bylaws, they may wish to seek legal advice.
As the registry no longer examines bylaws, the prevetting service for bylaws is no longer offered.
Please note the bylaws must be in English, legible, clear enough to be photocopied or imaged, and signed by the appropriate parties.
Societies are no longer required to submit a Financial Statement to the registry.
Societies still have to produce Financial Statements and present them to the members at the Annual General meeting.
The new section 95(3) of the act requires Financial Statements to be kept at the society's address and be made available to the public upon request. The society is allowed to charge the public up to $10 for the viewing of documents and 50 cents per page for photocopying fees.
Societies no longer need to request an order from the registrar to approve the way they notify members regarding meetings or to approve a specific system or method of voting by members of a society.
The society must follow what is stated in their bylaws. If the society wishes to change the method of notification or establish a new system of voting, it must amend its bylaws and file the amendments with the registrar.
On incorporation, a society that will operate as a social club no longer needs the consent of the minister.
The Schedule A forms listed in the act have been repealed. However, these forms in their current format will still be used until further notice. The exception is the Form 11 Annual Report form. All forms are available from the Corporate Registry Forms page.
The purpose of the legislative amendments is to help reduce and streamline the filing process for societies and increase the efficiency of the registry.