Non-Profit Member Rights: What You Need to Know
Law For Non-Profits is a simple and low-barrier digital platform from the Pacific Legal Education & Outreach Society (PLEO). It’s designed to help non-profit leaders understand their legal obligations. This tool was created for non-profits working in BC, however, many of the concepts are general in nature and may apply in other provinces Canada that have similar laws. Read more about using these resources from other regions of Canada here.
LawForNonProfits often gets questions about member’s rights in non-profits. Without being familiar with the bylaws of an organization, it can be difficult to know what rights, if any, members have or if a non-profit needs to have members at all aside from its board of directors. As organizations change over time, through board and staff turnover, it is a good idea to revisit your organization’s bylaws to make sure they are as you remember them.
Can anyone become a member of the non-profit?
No person has a right to membership in a non-profit, unless the bylaws say otherwise. Most bylaws stipulate that it is up to the directors of the non-profit to accept or deny memberships, subject to the non-profit’s bylaws. However, if the non-profit wants to be selective about memberships, then membership criteria ought to be included in the bylaws.
What are the rights of non-profit members?
Members have certain rights. Members have a right to vote at a members’ meeting (Annual General Meeting or Special General Meeting) unless they belong to a non-voting class of members. Voting members have the right to requisition a members’ meeting, provided they meet the required threshold of 10% of voting members (or less if provided for in the bylaws). Voting members also have the right to submit a members’ proposal at the AGM, provided they fulfill the requirements of the Societies Act.
Most significantly, members have the right to inspect and get copies of Official Records listed under s. 20 of the Societies Act. Many disputes under the act begin with these access to records requests. It is important for the society to have bylaws that restrict access to Official Records such as accounting records as well as developing a policy & procedure for handling these requests. More can be found on our Recordkeeping modules.
Want to learn more? We recommend using our Societies Act Legal Help Guide on Membership and reading our blog post Members, Who Are They and Why Do We Need Them?