Question: Our organization had to cancel our AGM due to the Coronavirus pandemic, how long do we have to reschedule?
Both federally and provincially (Ontario) incorporated charities and not-for profits are required to hold an Annual General Meeting (AGM) annually, this is to be held within 15 months of the previous AGM and no more than 6 months after the organization’s year-end.
Due to the Coronavirus pandemic, many organizations have been required to cancel or delay their AGM date. Please note that organization do have the option to move their AGM to a virtual platform if its bylaws allow.
The guidelines with rescheduling your organization’s AGM to a later date will depend on if you are provincially or federally incorporated. I have outlined both scenarios below:
Provincially incorporated:
Most not-for-profit organizations incorporated in Ontario fall under the Ontario Corporations Act or Ontario Business Corporations Act, as the Ontario Not-for-profit Corporations Act has not yet come into effect.
Due to the pandemic, the Province of Ontario has an emergency order effective March 17, 2020 (currently extended to July 15, 2020), under which organizations have an extension of their AGM deadlines:
- AGMs that fall during the emergency period: organizations have a 90 day extension to hold its AGM, after the emergency order is terminated.
- AGMs that fall within 30 days after the end of the emergency period: organizations have an additional 30 day extension to hold its AGM.
Federally incorporated:
If your organization is unable to host its AGM as planned either in person or virtually due to the pandemic, you can apply to delay your AGM using Corporations Canada’s online form below.
Ensure you apply at a minimum 30 days before you need to send the notice to call the AGM. Once the extension is approved, the organization has until December 31, 2020 to hold their AGM.
Online form: https://www.ic.gc.ca/eic/site/cd-dgc.nsf/frm-eng/JCRE-BNGKQY
