By Mark S. Anshan October 17, 2014 was a critical date for federally incorporated not-for-profit corporations and charities. That was the date by which corporations were required to adopt and file articles of continuance under the new Canada Not-for-profit Corporations Act. Failure to have filed for continuance now places those corporations that have not filed and […]
Extra-Provincial Registration for Charities and Not-for-Profits
By Tanya Carlton Charities and not-for-profits wishing to carry on activities in provinces other than that in which they were incorporated need to be aware of their obligations as extra-provincial corporations. This is especially true for corporations incorporated federally under the Canada Not-for-Profit Corporations Act (“CNCA”), as a determination must be made on whether or […]
What Can a Non-Profit Organization Pay Out to its Members?
By Alexandra Tzannidakis A recent CRA ruling conveniently breaks down some of the rules about how a non-profit organization (NPO) may distribute its assets on dissolution. In this discussion, an NPO is specifically the kind of tax-exempt entity defined in paragraph 149(1)(l) of the Income Tax Act: one that is not a ‘charity’, but is […]
ONCA: Two Steps Forward, One Step Back
By Joel Secter The Ontario election called for June 12th has delayed proclamation of the Ontario Not-for-profit Corporations Act, 2010 (ONCA) yet again. You may recall a previous update when we reported that the ONCA could not come into force until a series of technical amendments to it and a multitude of other statutes were approved in […]
Close Encounters of Special Act Corporations
By Joel Secter The Canada Not-for-profit Corporations Act (CNCA) establishes a new set of rules for not-for-profit corporations in Canada. These new rules replace the Canada Corporations Act (CCA). Part 19 of the CNCA applies to any corporation without share capital incorporated by a special act of Parliament and not continued under another act. For […]
Why Every Charity Should Consider Incorporation
Why Every Charity Should Consider Incorporation by Alexandra Tzannidakis Before a group can be registered as a charity, there has to actually be some legal thing to register. This means that every charity faces the choice of which legal structure to use. A charity can be constituted as a trust, an unincorporated association, or a […]