Can members of an Ontario not-for-profit corporation inspect its financial records?
Yes. ONCA gives members of an Ontario not-for-profit corporation the right to examine certain corporate records, including financial statements, accounting records, and other documents like the articles, by-laws, and minutes of meetings, generally during the corporation's regular business hours and sometimes on request for a copy at a reasonable charge. This is part of how ONCA gives members meaningful oversight of a board they don't manage day to day.
The right is not unlimited — it typically applies to records the corporation is required to keep, and a corporation can take reasonable steps to protect genuinely sensitive information, such as personal details in personnel records, rather than opening every document to every member on demand. A member seeking records for an improper purpose, rather than a legitimate governance concern, may also face pushback, though the bar for what counts as a legitimate purpose is generally not a high one.
If a corporation refuses a proper request outright, the member has legal avenues to compel access. Boards should have a clear, consistent process for handling record requests rather than deciding case by case depending on who is asking, since inconsistent treatment itself tends to fuel disputes.
Key takeaways
- ONCA gives members the right to inspect financial statements and other core corporate records.
- The right applies to records the corporation must keep, not unlimited internal documents.
- Corporations can protect genuinely sensitive information like personal details in personnel records.
- A consistent, documented process for handling requests helps avoid disputes over access.