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THE NEW SOCIETIES ACT

How Will It Impact Parents' Associations?

The Government of British Columbia has adopted the new Societies Act to replace the old Society Act, which was enacted in the 1970s.

As soon as it comes into force on November 28, 2016, the Societies Act will govern all non-profit societies incorporated in British Columbia. Non-profit societies will have until November 2018, at the latest, to comply with the new law. 

The Fédération des parents francophones de Colombie-Britannique will guide its member associations that are incorporated with BC Registry Services, to help them through this transition.

Parents' Associations: Incorporated or Not?

Many parents' associations that are members of the Fédération des parents are incorporated; and all those that manage services such as preschools, daycare facilities, or after-school programs need to be incorporated. What does the new act mean for these associations?

Like the approximately 27,000 incorporated societies in British Columbia, large or small, parents' associations need to do two things during the transition period in order to comply with the new act:

  1. Open an electronic file at BC Registry Services, between November 28, 2016 and November 28, 2018; and
  2. Make some necessary changes to their constitution and bylaws*, before or after opening their electronic file.

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* The constitution (in French: statuts) defines the reason that a society exists and what its goals are.

* The bylaws (in French: règlements) establish the society's rules of conduct and how the society should be managed. For example, in a bylaw we might find the rules governing the convening of a general meeting, the holding of elections, the management of meetings, the roles of the members of the Executive, etc.   

The School Act stipulates that a parents' association (PAC, or APÉ in French) must have a constitution and bylaws, regardless of whether or not it is incorporated.

A Recommended Update

What about parents' associations that are not incorporated, for example some school parents’ associations (APÉs)? Although they may not be obliged to update their constitution and bylaws, they would have every incentive to do so, so as to reflect the changes introduced by the new act.

The coming into force of the new Societies Act provides an excellent opportunity for associations that are not incorporated to examine their constitution and bylaws, and to check whether they still correspond to their current situation — a situation that  might have changed over time, if the constitution and bylaws were adopted more than three or four years ago. A society's constitution and bylaws should be a "living" document, and it's strongly recommended that any society, incorporated or not, revise them on a regular basis.

How Do We Proceed?

The Fédération des parents, which already provides support to its members that want to revise their constitution and bylaws, intends to develop tools to guide parents' associations during the transition driven by the new Societies Act. The pertinent  information will be communicated to member associations in the coming months. Meanwhile, a parents' association that would like to learn more about this process can: