Ontario Sports & Athletic Therapist Association is an Athletic Therapy Ontario® Registered Trade Name
GOVERNANCE
Governance refers to the processes and structures used to direct and manage an organization’s operations and activities. Not-for-Profit governance best practices serve to define the division of duties and the mechanisms to achieve accountability among stakeholders, the Board of Directors to best serve the membership.
Good governance systems are designed to help organizations focus on the activities that contribute most to their overall objectives, use their resources effectively, and ensure that they are managed in the best interests of stakeholders
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Applicable Legislation
Corporation Versus
Not-For-Profit Corporation
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​OSTA is a non-share capital Corporation, incorporated in Ontario and subject to the Corporations Act (Ontario). Non-share capital Corporations incorporated at the Federal level are subject to the Canada Not-for-Profit Corporations Act. The analogous legislation in Ontario, namely the Not-for-Profit Corporations Act (Ontario) was passed in 2010, but not proclaimed until October 19, 2021. Once proclaimed, the OSTA, like all provincial not-for-profits, had until October 2024 to file Member-ratified and ONCA compliant new By-Laws.
ONCA is a corporate statute and deals with corporate matters such as Directors' duties and Members' rights.
The difference between a share and a non-share Corporation is that the Members' of a non-share Corporation do not have an ownership interest in the Corporation, cannot receive any financial benefit or gain from being a Member of the Corporation and upon the dissolution of the Corporation whatever net assets remain must be distributed. Members' have no liability or responsibility for the actions of the Corporation.
The OSTA is also registered with the Canada Revenue Agency as a Not-for-Profit Corporation and must, therefore, coincide with CRA's rules for Not-for-Profit Corporations.
OSTA - ONCA Compliant
The Association’s approach to meeting its governance requirements, is to engage the membership in the process. Following the 2010 passage of the Act, the OSTA struck a Member-driven By-Laws Working Group and while accepting the Ontario government’s By-Laws Template, included the recommendations of the Working Group to the membership for a vote at its forthcoming Annual General Meeting of Members. The By-Laws passed in 2011. It was always understood that there would be a final round of By-Laws review upon proclamation of the Act which at the time was supposed to be by 2013.
With proclamation, in 2021, the Association engaged a governance lawyer with expertise in the Act and the OSTA again struck a By-Laws Working Group. Recognition and appreciation for this volunteer commitment are extended to the Working Group Members that included the OSTA Organizational Ombuds, Kelly Marchuk and the following OSTA Members Glenn Burke, Frances Flint, Matthew Leech and Directors Tony Carbonette and Sarah Rabinovitch.
The recommendations of these volunteers were shared through a virtual Town Hall Meeting held on March 19, 2023, through Member eblasts with link to the iterative document, through posting to the By-Laws review page in the Members’ Portal of the website, and, additionally issued to registered participants in advance of the Special Meeting of Members held to ratify the By-Laws on May 28, 2023. The new By-Laws were ratified by Members and filed with the Ontario government. The By-Laws are available on the website.
Membership Rights
Not-for-Profit Corporations have Members. Members are not “owners” in the same sense that shareholders have an equity ownership interest in a share capital Corporation.
With the ratified By-Laws, new Member Categories were added to meet evolving needs of those who may not practice full-time as an Athletic Therapist, but maintain their certification and engagement in the profession. Only Certified, active practising Members, are voting Members.
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Members:
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Elect Directors
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Attend and participate in Members' Meetings
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Receive financial statements
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Appoint Auditor
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Approve fundamental corporate changes (such as amendments to By-Laws).