We think it will make it easy for you to tell us what changes you want or need in your by-laws. We will do the drafting based on what you tell us as you go through this tool, and send a final version back to you to discuss with your board and membership.  Then we will get you the necessary approvals.

We have designed the By-Law Writer tool to:

• make it easier to get United Church of Canada approval of the required clauses for Church-related incorporated ministries – the wording has already been used and approved for several incorporated ministries
• include in any more major redrafting, standard “best practice” clauses that apply to most if not all incorporated ministries – that’s by far the larger part of a by-law – so you don’t have to change them unless you wish to
• highlight the far smaller number of clauses where you can fill in directly to a document how you want those topics covered so that we have a new draft by-law to review and approve, using this By-Law Writer tool

By-Law Writer comes in two models:

1. BASIC PACKAGE – MEETS UNITED CHURCH OF CANADA REQUIREMENTS

The Basic by-law changes include only the clauses you need to have added to your current by-law in order to be compliant with United Church of Canada requirements.

You need to:

- send us your current by-law in electronic format if you have it to make our review faster (we likely have your by-law in hard copy – if not, we will contact you)

We will:

• insert in your current by-law the new United Church of Canada clauses and delete the old clauses that covered the same material (for example, removing the old requirement for Church approval of all fund-raising, replacing it with the new requirement to consult with the Conference only on capital campaigns that might affect other Church-based fund-raising campaigns)
• send the revised by-law to you and respond to any questions you may have
• seek approval of the new clauses  by Conference and the national church office

Disclaimer:  Please note that this information is provided for encouraging compliance with United Church of Canada requirements and is not legal advice. It is important that your lawyer review any material you wish to use, and then you send us or meet with us about the draft material you wish to have approved as part of your by-law.

 

2. DELUXE VERSION  -- A WHOLE NEW BY-LAW

Using a model by-law we have developed for incorporated ministries and a “fill-in template” document, we will include your changes in a new by-law for you AND we will include the standard United Church of Canada required clauses.

You may have just reviewed your whole organization or parts of how you operate – or plan to soon -- and need these changes to be included in a new by-law.  Or your current by-law may have been written 10 years ago, or 20, or 30…and things have changed in the non-profit world.

Disclaimer:  Please note that this information is provided for encouraging compliance with United Church of Canada requirements and is not legal advice. It is important that your lawyer review any material you wish to use, and then you send us or meet with us about the draft material you wish to have approved as part of your by-law.

So how is this better and simpler than what you may have had to do before?

Three ways.

First, most of the material in a by-law for non-profit corporations is pretty standard stuff and reflects how many or most organizations in Ontario operate – including those doing work similar to some incorporated ministries in London Conference.

We have developed a “model by-law” that includes standard clauses that generally reflect Ontario law and practice. There is likely little need to change the wording of most areas in this model by-law  -- but be sure to read it over anyway because even the “standard clauses” lay out how your board and corporation is to operate, even if it is still the same as most other non-profit corporations.

It also includes notes and comments that may be helpful in your discussions about a new by-law.

Several incorporated ministries in London Conference have used this material to write new by-laws. 

Of course, if you have any questions about any parts of the model by-law, contact us.

Second, we will take the material you give us concerning your unique situation and draft a new by-law. A small part of the model by-law covers topics that relate to you specifically and outline your wishes or situation or way of operating.

Based on that model by-law, we have prepared a fill-in template by-law that shows by use of boxes where you have to fill in your information (name, by-law number, committee and officer names, etc.).  The rest is standard or general, as we just mentioned.

And third, we will save you time and money.  While you still should show the final draft (including the “boxes” filled in) to a lawyer, his/her review will take a lot less time than drafting a new by-law from your general instructions or revising your old by-law.

As a preview, here are some of the topics shown in boxes in the template document where you can add your own information, organizational structure, and practices:

Corporate information:  corporate name, objectives, head office location,  by-law number, financial year end

Your chosen structure: membership categories; board size, term of office and meetings; names/duties of officers and committees

Your practices: voting and nomination (e.g. proxy or not); quorum for board and members meetings; using full audit or independent review; who are the signing officers; conflict of interest.

You need to:

• review the model by-law, and use the list above, to flag areas to discuss or where you want some changes in your current by-law

• fill in the boxes in the “template fill-in by-law” with the information you want to see included to reflect your information and practices
• send us an electronic copy of your draft by-law with the completed boxes
• ask a lawyer to review this final template document
• send us a copy of your current by-law (in electronic version if you have it)

We will:

• review your “fill-in by-law” that includes your proposed changes
• include the standard United Church of Canada requirements so you are in compliance (they are already in the model by-law and in the template too)
• send comments and any changes in what you sent us, for you to review and discuss with us
• arrange for the Church’s review and approval of your new by-law

Disclaimer:  Please note that this information is provided for encouraging compliance with United Church of Canada requirements and assisting you with examples of current practices in Ontario not for profit organizations. It is not legal advice. It is important that your lawyer review any material you wish to use, and then you send us or meet with us about the draft material you wish to have approved as part of your by-law.

Contact the Conference’s Incorporated Ministries Committee if your board needs assistance or more information.