Non-Profits that are not registered charities

July 10, 2017

Now easier for non-profit corporations to move from Ontario to Federal jurisdiction

The Canada Not-for-profit Corporations Act (“CNCA”) permits a not-for-profit corporation that is incorporated under another act (such as a provincial non-profit act) to continue (import) to the CNCA provided that the other act permits the continuance. This allows a not-for-profit corporation to effectively re-incorporate under the CNCA and be governed by it as though it was incorporated under it. The Federal government has now made it easier for Ontario corporations to move to Federal.  This will be helpful for some of the 50,000 Ontario corporations who may wish to skip ONCA and move directly to the CNCA. 

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June 24, 2017

Upcoming Webinars for the Canadian Charity Law Association

The Canadian Charity Law Association is delivering some upcoming webinars.  Registration is free but space is limited. 

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March 22, 2017

2017 Canadian Federal Budget and its impact on non-profits and charities

The 2017 Canadian Federal Budget was released today.  Here is our article 2017 Canadian Federal Budget - How will it affect the Canadian charitable sector? 

January 16, 2017

Guidance for Professional Athletes considering Philanthropy in Canada

Kate Robertson and Mark Blumberg recently prepared an article, "Some thoughts on Professional Athletes and Philanthropy in Canada: Part 1" which provides helpful information and guidance for professional athletes and their trusted advisors who are exploring philanthropic options in Canada.  Part 2 of this article series will provide suggestions and tips for professional athletes on operating a successful Canadian registered charity.

December 23, 2016

BC Societies Act now in force

British Columbia’s new Societies Act (the “new Act”), which replaces the previous Society Act (the “old Act”), was passed on May 14, 2015, and recently came into force on November 28, 2016. Societies incorporated in British Columbia will have two years from November 28, 2016 to transition to the new Act.

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November 23, 2016

Recent changes to Corporations Canada CNCA documents

Corporations Canada recently implemented changes to a number of its forms on its website under the Canada Not-for-profit Corporations Act ('CNCA'), the Canada Business Corporations Act, and the Special Act of Parliament.

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November 05, 2016

20 Ways We May Be Able To Help You With ONCA as We Go Into 2017

For some the mention of ONCA causes anxiety or anger.  Never fear - help is here!  Here are "20 Ways We May Be Able To Help You With ONCA as We Go Into 2017".

October 16, 2016

Institute of Corporate Directors Collaboration for Greater Impact - November 22, 2016

I am looking forward to presenting at the upcoming ICD session Collaboration for Greater Impact on November 22, 2016.  The panel will include Rahul Bhardwaj (CEO ICD), Joanne Doyle (UWTYR), Donna Duncan (CEO The Hincks-Dellcrest Centre), Ian Smith (Chair The Hincks-Dellcrest Centre) and myself.  My role on the panel will be to deal with legal aspects of mergers and amalgamations.  

August 24, 2016

CPA Canada’s 20 Questions Directors of Not-for-Profit Organizations Should Ask about Mergers

The Chartered Professional Accountants of Canada (CPA Canada) have released today a booklet entitled 20 Questions Directors of Not-for-Profit Organizations Should Ask about Mergers. It is located on this CPA Canada page. It is written by Andrea Cohen Barrack, CEO of the Ontario Trillium Foundation (OTF), Canada’s largest granting foundation, and Mark Blumberg, a charity lawyer and partner at Blumberg Segal LLP and editor of www.globalphilanthropy.ca, www.canadiancharitylaw.ca, smartgiving.ca and charitydata.ca

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June 15, 2016

Copy of CRA’s Non-Profit Organization Risk Identification Project - Draft Final Report - July 2013

The NPORIP was a major initiative of the Federal government to look at the approximately 80,000 - 100,000 organizations that are non-profits but not registered charities and the extent to which there are compliance issues.  In July 2013 the CRA prepared a draft "final" 76 page report (the "July 2013 Report") which we have attached.  It is 18 MB so it may take a minute to load.

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May 22, 2016

Industry Canada sends out thousands of final notices of pending dissolution to Federal CCA NPOs

Industry Canada has sent out notices to thousands of Canada Corporations Act (CCA) corporations warning them of their pending dissolution as they have failed to transition to the Canada Not-for-profit Corporations Act (“CNCA”). Industry Canada wants to wind down the CCA and in order to do so they need to remove all remaining corporations under the CCA.  It appears that up to 2000 of such corporations may be registered charities.  Industry Canada had generally held off sending the notices to registered charities but the transition deadline of October 2014 is now over 1.5 years old.  

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May 04, 2016

New CRA guidance on low-cost housing corporations for the aged seeking QD status

CRA recently released a new guidance which provides information for low-cost housing corporations for the aged which are interested in becoming Qualified Donees.  The guidance replaces the Income Tax Rulings Directorate letter dated March 18, 2013.  

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April 12, 2016

Latest update on CNCA continuances and dissolutions from Corporations Canada

We recently contacted Corporations Canada regarding the updated statistics on continuances and dissolutions under the Canada Not-for-profit Corporations Act ('CNCA').  Apparently in March there has been an increasing number of entities that have transitioned to the CNCA.  Here are the current figures: 

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April 11, 2016

The Non-Profit Organization Risk Identification Project (NPORIP) Report - finally released

In June 2014, which is almost 2 years ago, I put in a request to CRA to receive a copy of certain information on the Non-Profit Organization Risk Identification Project (NPORIP).  On April 11, 2016, I received over 220 pages of documents from CRA on the NPORIP.  The NPORIP was a major initiative by the Federal government to look at the approximately 80,000 -100,000 organizations that are non-profits but not registered charities.  As they say better late than never.   

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April 08, 2016

Charities and non-profits may need to register in Alberta for charitable fundraising

Many non-profits and charities are not aware of the charitable fundraising regulations in Alberta. If a non-profit or charity is fundraising in Alberta and meets specific criteria under the Charitable Fundraising Act (the 'Act'), it may need to be registered. Generally, if a Canadian non-profit or charity intends to raise or raises more than $25,000 in Alberta from individuals in a financial year then the non-profit or charity would need to register under the Act.

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April 05, 2016

New extra-provincial registration requirements under the BC Societies Act

The new B.C. Societies Act (which is anticipated to come into force in November of 2016 and is replacing the old B.C. Society Act) has new requirements with respect to the registration of extra-provincial non-profit corporations. Under the previous legislation, extra-provincial registration was optional, however not being registered meant that the society could not maintain a proceeding in a court in B.C. in respect of any contracts made in B.C. and could also not acquire an interest in land in B.C.  

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February 18, 2016

CRA letter on acceptable uses of accumulated surplus by an NPO

CRA recently released a letter which discusses acceptable uses of an accumulated surplus by a non-profit organization and whether a benefit to members could result from the use of an accumulated surplus under various scenarios. 

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January 22, 2016

Corporations Canada releases Notice on Public Disclosure of Corporate Information

Corporations Canada recently released a notice on the public disclosure requirements relating to the corporate information that they collect as part of the services they provide for corporations. 

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January 11, 2016

OBA Program on new developments with forfeited property of dissolved not-for-profit corporations

On Tuesday, April 19, 2016 I will be chairing an OBA program entitled "The Forfeited Property of Dissolved Not-for-Profit Corporations: New Developments in the Law".  There will be 3 speakers from the Ontario government discussing upcoming changes. 

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November 10, 2015

New E-Mail Address for Filings to Corporations Canada

Corporations Canada has a new email address when filing documents through e-mail.  This is particularly important for CNCA corporations.  The e-mail address has been changed to IC.corporationscanada.IC@canada.ca.  In the meantime, Corporations Canada still receives and accepts filings sent through the old email address corporationscanada@ic.gc.ca, but moving forward, the new email address should be used when filing documents through e-mail to Corporations Canada.

October 16, 2015

Corporations Canada offering new online services for non-profits under the CNCA

Corporations Canada announced today that it will be offering two new online services for non-profits under the CNCA.  It will now be possible for CNCA corporations to file by-laws and financial statements with Corporations Canada through the Online Filing Centre. 

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October 09, 2015

Agenda for the Blumbergs’ Charity Law Institute 2015

June 22, 2015

CRA letter on tax treatment of lottery revenue received by non-profit

CRA recently released a letter which discussed whether the lottery income received by a non-profit organization (the 'Association') is subject to taxation in the hands of the Association. The Association provided funding for physical and recreational activities.

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February 25, 2015

Industry to provide notices of pending dissolution to all Federal CCA non-profits by September

As we have reported before Industry Canada has sent out over 16,000 notices of pending dissolution to about 6000 CCA corporations.  Typically Industry Canada sends such notice to the registered office and each director.  However, if Industry Canada knows that the address is not correct they will not send out a notice to that address.  Industry Canada was holding back sending notices to groups that have recently filed or are registered charities. However, in order to tie off the CCA, Industry Canada has to have removed all CCA corporations. Industry Canada a few weeks ago confirmed that its goal is to provide by September 2015 notices to all other remaining CCA corporations including registered charities.

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February 24, 2015

The easy and quick solution to ONCA for Ontario Non-Profit Corporations

We are now in February of 2015.  ONCA has not moved forward since the Ontario election last year.   It looks like ONCA may not even come into force until mid-2016 and perhaps 2017.  It is difficult to know what will happen but the microfiche based record system for Ontario corporations and very outdated technology that Ontario currently uses will likely make the transition challenging. There are 59,000 Ontario non-profit corporation listed on the Ontario government database.   If even 30,000 are active and need to make changes I am not confident that the Ontario system is going to work well.  The easy and quick solution for many Ontario corporations that are not interested in waiting any longer is to move to the Federal CNCA. Skip the line up and anxiety of ONCA and move to the CNCA.   Here is an article our firm wrote on the subject entitled "Ontario Corporations Don't Need to Wait for the ONCA - Continuing from the OCA to Federal Jurisdiction" for the Ontario Bar Association.   

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Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

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Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
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