This year the Province of British Columbia’s New Societies Act will go into effect. If you have ever been convicted of fraud or another related offence, you should know how it affects you.
New Societies Act qualifications for directors
The main issue is that under the New Societies Act you cannot be a director until five years after the conditions of the sentence. For example, if you finished probation this year, you wouldn’t be permitted to sit until 2021. If you are currently sitting on a board, there is a two year transition period. You have until 2018 to either resign or finish your term. The restriction only relates to fraud and offences related to forming, promoting and managing corporations or unincorporated entities. Also, you cannot sit on a board if you have an undischarged bankruptcy.
If you have a pardon (Record Suspension), you are permitted to be a director. However, the waiting period to apply for a Record Suspension is similar to the waiting period in the New Societies Act. It’s five years from the completion of a sentence for summary offences and 10 years for indictable.
Volunteering with a criminal record
Even if you do not need the Record Suspension to sit on a board under the New Societies Act, it’s a good idea to apply for one. Volunteer organizations have the discretion to screen their volunteers. You never know when a criminal record could come up. Many Societies across Canada already have rules written into their bylaws. With a Record Suspension you will have peace of mind. Record checks are particularly common for organizations in the fields of health, social work and working with children.
The act comes into effect on Nov. 28.
Are you ready to put the past behind you by sealing your record? Contact us today for a free consultation.