Bylaw Update in 2024 - Member Approval Required at AGM

The Ontario Not-for-Profit Corporations Act (ONCA), which came into effect on October 19, 2021, introduces a modernized framework for non-profit organizations in Ontario. To comply with ONCA, incorporated non-profit organizations, including the Blackstone Lake Cottagers Association, are required to update their bylaws before October 2024. These updates are necessary to align our governance with the new standards set by ONCA.

We have made updates to our Bylaws to ensure our Association continues to operate effectively and remains compliant with the law, while also taking the opportunity to modernize in a few areas. We have however adopted the Georgian Bay Association format as that has been legally reviewed at their expense.

The one change we would highlight is in response to member suggestions, we’ve now established a policy for families owning more than one lot.  In short, one vote per paid membership per lot.   So, someone owning two lots could choose to have two paid memberships and therefore two votes.

Despite the changes, the intent is not to materially change the way in which our Association operates or is governed. 

We will be requesting that the Membership vote to approve the Draft Bylaws at the upcoming 2024 AGM on August 11th, 2024. In order to pass a change to our Articles/Bylaws, a two-thirds majority at a Member’s Meeting is required, so we ask you to please take a moment to review the proposed changes. 

Please use the link below to download the Draft Bylaws, with our summary below of the changes made. You can download a copy of the existing Articles of Association to the right of this notice at the top of the page.

Executive Summary - Draft Bylaw Changes 2024

The following is a quick summary of the material changes proposed in the Draft Bylaws, with a more detailed summary below: 

  • A Definitions section was added to clarify certain terms at the beginning of the document. 

  • Language around the “Membership” definition was updated for clarity, 

Summary of Proposed Changes - Draft Bylaws 2024

1 - Name

  • No material changes made

2 - Purposes

  • No changes

3 - Definitions (New Section)

  • A Definitions section was added to help with the overall flow of the Bylaws, so important definitions were handled at the beginning. ONCA bylaw samples provided by the Georgian Bay Association were used for standard items. 

4 - Membership

  • This section contains the most changes to the language, though the overall intent remains the same. 

  • The generic bylaw had little membership wording.

  • Have added wording to clarify voting member as one member per lot per paid membership. A single vote per lot ensures each paying Member has similar voting power.

  • ONCA requires that the bylaws contain language explaining how someone could stop being a Member, so this was added.

  • BLCA has added wording to establish honorary membership as a form of volunteer recogniton

5 - Annual General Meeting

  • No change.

6 - Special Meetings

  • No change. 

7 - Notice

  • Updated Notice requirements of the AGM and Special Meetings to be “no less than 10 and no more than 50 days”, as required by the Act. In practice, the Board will continue to target 30 days of notice as it currently does, so no operational change.

  • “Special Meetings” notice requirements were added, per the above.

8 – Quorum

No Change. 

9 - Meeting Governance

No Change. 

10 - Voting Procedure

No change. 

11 - Directors

  • No change. 

  • The process by which a Director may be removed prior to their term was added. The Act stipulates this must be by the Members and cannot be an act of the Board.

  • The Act allows the Board to fill a vacancy in the Board for the duration of the term. Language was added to confirm this.

12 - Officers

  • No material changes. 

13 - Administration

  • No changes

14 - Amendment of Bylaws

  • The position of this section in the document has been moved to keep financial sections together.

  • “Articles of Association” language changed to “Bylaws”.

15 - Financial Statements

  • Updated language regarding the provision of financial statements of the Association to the Members. 

  • The Articles currently require that the Board obtain ‘consideration and comment’ from a person with accounting background or knowledge. In current practice, accounting professionals are not able or willing to provide ‘consideration or comment’ on documents like this without having more formally engaged, and so this language was removed. 

  • We account for dues on a calendar year basis for ease of administration and member clarity.

  • Authorized spending thresholds established