TRANSITION CHECKLIST
It is critical to transfer everything over from old legal entity (the Society or Band) to the new
legal entity (the Community Education Authority - CEA). The following is a list of items that a
Participating First Nation must consider prior to assuming jurisdiction over education:
Take Stock of Contractual Dealings:
 Contractual Relationships: Make a list of all of the Society’s contractual relationships (e.g.
funders, contractors, leases, service agreements) and ensure that any outstanding
contractual obligations (e.g. filing of reports) are addressed.
 Employment Relationships: List of all employees, compile personnel files and employee
contracts (to ensure they are in good order). Prepare a chart on employees, contract
arrangement, status (e.g. leave), criminal records check, certification status. Compile
information on benefit plans, any human rights complaints, workers compensation issues,
union certification status
 Assets and Liabilities: Make a list of all of the Society’s assets (e.g. furniture, equipment,
bank accounts, copyrights).
 Debts and Liabilities: make a list of all liabilities (e.g. debts, contractual obligations). In
order to dissolve the Society, all debts and liabilities must be eliminated.
 Necessary legal documentation will have to be prepared to transfer all assets of the
Society and to assign any obligations.
Policies and Procedures:
 Compile all of the Society’s existing policies and procedures and decide what will be
useful for the CEA and what will not.
If necessary, conclude arrangements that will no longer be beneficial:
 (note: you must get employment law advice before using this opportunity to conclude
relationships with staff that you anticipate releasing).
Preparation - External:
 Contact third parties with whom you have contractual relationships that span the transition
date and negotiate assignment agreements.
Preparation - Internal:
 Prepare assignment agreements for those assets that are being transferred from the Society
to the CEA.
 Draft transfer agreements that will cover those liabilities not covered by any assumption
agreements.
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For Discussion Purposes Only
Rolling Draft – July 11, 2006
 Ensure that all accounting/bookkeeping staff are in agreement that all accounting and
bookkeeping issues are properly addressed.
 Open new bank account, order letterhead
Target date:
 Set a realistic target for a transition date and organize yourselves accordingly.
Process for Dissolution:
 Resolutions must be drafted and passed by the directors of the Society to dissolve the
Society.
 In addition, to complete this process, the directors must sign affidavits supporting the
dissolution of the Society (affidavit should state that the Society has no debts or
liabilities).
Filing of Documentation:
 Appropriate documents-Form 10 “copy of a resolution” and supporting affidavits must
be filed with the Registrar of Companies to dissolve the Society.
Charitable Status:
 If your society has charitable status, determine if that the CEA can also obtain charitable
status. If not, you may wish to keep your society active as a fundraising arm to your CEA.
(Note: First Nations will have to obtain legal advice on this issue.)
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For Discussion Purposes Only
Rolling Draft – July 11, 2006