Changes to Service Alberta Requirements for Nonprofits in Alberta
Service Alberta has provided some summary notes of explanation for the Ministerial Order NO. SA:009/2020 allowing flexibility for nonprofits, businesses, and other groups to remain compliant with legislation and regulations, especially those related to time, location, and distance during the COVID-19 pandemic. For nonprofits this includes the annual societal return and AGMs among other items.
As it relates to nonprofit legislation:
- – Section 3 of the Ministerial Order indicates that all provisions related to in-person access to regular places of business or meetings for the inspection of physical documents are suspended.
- – Section 4 clarifies that nothing in section 3 of the order precludes a person from requesting or receiving a document or from a society or nonprofit company in a manner that does not require in-person inspection.
- – Section 5 advises that any obligation to convene an in-person meeting is suspended.
- – Section 6 clarifies that nothing in section 5 precludes a society or nonprofit company from conducting a meeting through remote means, such as videoconference, teleconference or other means.
- – Section 7 modifies the requirement in Section 151 of the Companies Act to allow a meeting called pursuant to 151(1)(a) to be conducted by remote means.
- – Section 8 outlines that the obligation to send or make a report, annual return or return to the Registrar for societies and nonprofit companies is suspended.
- – Section 22 indicates that the relevant provisions of this order operate despite any provision that states otherwise in the articles, bylaws, rules or memorandum of a society or non-profit company.
This Ministerial Order will lapse 60 days after the Lieutenant Governor in Council terminates the order, when the Minister terminates the order because the Minister is satisfied that the order is no longer in the public interest or when the order is terminated by the Lieutenant Governor in Council under section 52.811(1)(c) of the Public Health Act. It is anticipated that the Ministerial Order lapses 60 days after the public health emergency ends. This would give a society or nonprofit whose AGM was suspended during the pandemic, 60 days to prepare for their meeting, and the filing of their annual returns, if they have not done so already.
More information is available on the Government of Alberta website.