Is a non-profit corporation and board exempt from the operation of the MCIA?
Ontario, Canada
The following excerpt is from RIVETT v. BRAID ET AL, 2018 ONSC 352 (CanLII):
Surely the interpretation found in Gammie v. Turner must be correct, as it seems unlikely that the legislature meant to exempt members of non-share, not-for-profit corporations and boards from the operation of the MCIA. Individuals who are directors, committee members and general members of these types of entities all have the potential to have their duties as members of public councils collide with the pecuniary interests of such organizations, placing them in the untenable position of “serving two masters.”
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