Non-Profits that are not registered charities

August 14, 2019

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. Topics are subject to change. 

read more

July 26, 2019

Journalism panel submits report to Federal government about journalism proposals in 2019 Budget

The Journalism and Written Media Independent Panel of Experts released a report that they had provided to the Federal government relating to the 2019 federal budget and the proposals on journalism.   Here is a copy of the report.  As well here are minutes of their meetings

read more

July 04, 2019

Blumbergs’ Canadian Charity Law Institute 2019

Join us on Monday October 7, 2019 in Toronto for the 8th Annual Blumbergs' Canadian Charity Law Institute. We will be featuring a number of speakers covering different legal and compliance issues affecting Canadian charities and non-profits.  It will be a full day packed with practical legal and ethical compliance information geared toward charities, professional advisors and those interested in regulatory issues affecting charities and the non-profit sector. Space is limited.

The price is $275 for the day. It includes breakfast, lunch, breaks, coffee and drinks, HST and handouts. There are early bird specials if you sign up early enough including the super early bird which expires July 31.  For more information or to register here is a link to the Blumbergs' Canadian Charity Law Institute 2019.

June 28, 2019

Online Charity Law Courses from Blumbergs - 24/7 compliance education for registered charities

We have created two new online courses for those outside of Toronto who are not able to easily attend our programs.  They might also be helpful to those in Toronto who cannot wait for our next session as they sometimes only occur annually.  Online course are never going to be the same as in-person courses but for many they are far easier to access and more convenient.  You can do an online course at your pace and redo sections if you wish.

The first course is "Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?".   The course is $149 and you can register at https://charity-law.teachable.com/ 

The second course is "Receipting for Canadian Registered Charities".  The course is $225 and you can register at https://charity-law.teachable.com/ 

read more

June 03, 2019

No updates with the new Ontario Not-For-Profit Corporations (ONCA) at the moment

There are a large number of Ontario non-profit corporations under the Ontario Corporations Act (“OCA”).  As you may know, the Ontario government has stated that it is targeting to replace the OCA with the new Ontario Not-For-Profit Corporations (ONCA) at the beginning of 2020.  ONCA has been delayed a number of times and although the Ontario Ministry announced it is targeting 2020, it is not certain that ONCA will necessarily be brought in by that date.   On May 29, 2019 we asked the Ontario Government if there was any update or anything new with respect to ONCA and we heard on May 31, 2019  "​We have no additional updates to share with you at this time about the Not for Profit Corporations Act." 
 

read more

March 28, 2019

CRA letter on amalgmation of registered charity and non-profit

Here is a redacted Advanced Income Tax Ruling Request response from CRA, dealing with the amalgamation of a registered charity and a non-profit. Registered charities and non-profits can amalgamate and as with all mergers or amalgamations there are a number of complexities and one should obtain legal advice.  

read more

January 27, 2019

When is the new Ontario Not-For-Profit Corporations (ONCA) coming into force?

I recently wondered with this new Ontario government whether there was any change relating to the new Ontario Not-For-Profit Corporations (ONCA).  It is supposed to come into force at the beginning of 2020.  So I wrote to the Ontario government on January 10, 2019 and they replied on January 25, 2019 with the following:

read more

January 14, 2019

Course - Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?

We have created a course entitled "Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?".   The course is $149 and you can register at https://charity-law.teachable.com/   Here is an overview of the course:

read more

November 21, 2018

Finance 2018 Fall Economic Statement - its Impact on Canadian Charities, Journalism, Social Finance

November 04, 2018

Ontario companies branch heavily backlogged

The Companies Branch of the Ontario Ministry of Government and Consumer Services (“MGS”) is very heavily backlogged at the moment.  Estimated times for processing applications that generally would have taken 6 – 8 weeks are now taking 4 or more months! 

read more

October 30, 2018

Why you should not be setting up an Ontario non-profit corporation under the OCA today

Even with the Ontario Not-for-Profit Corporations Act ("ONCA") looming, we are still seeing recently incorporated non-profits that are set-up under the Ontario Corporations Act ("OCA"). Here is an article on some of the reasons why this is generally not a good idea, and why it is better for our clients to set up new entities under the federal Canada Not-for-profit Corporations Act ("CNCA").

August 24, 2018

Gail Picco’s article on the CWP decision

Recently author and fundraiser Gail Picco wrote an extensive article on the CWP decision entitled "How an Ontario Superior Court Decision Has Remade the Charity Sector, Failed Vulnerable Canadians and Why Some People Are Cheering?

June 26, 2018

Corporations Canada having public consultation on service fee changes affecting the CNCA etc.

Corporations Canada is looking at changing their fees in relation to the Canada Not-for-profit Corporations Act (CNCA) as well as some other acts.  Some of the most common fees like filing the annual return will be reduced and others will be increased significantly. Some fees will be eliminated completely.  Here is the full proposal for consultation.   In general it is a fair proposal - encouraging people to move to electronic, making some most commonly done transactions cheaper and reflecting the real cost of certain other transactions.

read more

May 17, 2018

Great news from Corporations Canada on incorporations of Federal non-profits under the CNCA

For those who read our blog you will know that we are very pleased with the new Canada Not-for-profit Corporations Act (“CNCA”) that came into effect in 2011. It is a very easy to use modern corporate act that allows a tremendous amount of flexibility and was a wonderful improvement over the old Canada Corporations Act.   It is also a major improvement over many of the provincial non-profit corporate acts.  Although establishing a non-profit corporation was relatively easy there was one problem with using the Online Filing Centre.   

read more

March 25, 2018

Corporations Canada has made a giant leap forward in increasing transparency of Federal corporations

As you probably know if you are interested in a Federal corporation (non-profit or otherwise) you can easily search the Corporations Canada website.  This gives you lots of information on Federal non-profit corporations including the name, Corporation Number, Status, which corporate legislation governs, their registered office address, names and addresses of directors, the minimum and maximum number of directors, the last filing date of a corporation, whether filings are overdue, the history of the corporate names, as well as what corporate documents have been filed like Articles, By-laws, Financial Statements etc.   You could always request copies of documents and Corporations Canada was quite efficient in returning them within a day or two.   However, now Corporations Canada has made it even easier for you by making many of the listed documents available instantly. 

read more

February 24, 2018

Why US and other nonprofit organizations may wish to set up in Canada

In the past US and other charities had mainly looked to establishing a Canadian counterpart non-profit or registered charity when they thought that either there were fundraising opportunities in Canada or they wish to conduct their own charitable activities in Canada.   Over the last year we have seen many international groups outside of Canada wanting to establish either a nonprofit or registered charity in Canada to be their headquarters for international operations. This is for many diverse reasons.  Some fear the rising tensions and uncertainty in the US and how this could affect the operation of their organizations.  For others they would prefer to have offices or headquarters in Toronto, Montreal or Vancouver rather than in the US or a number of other countries which are increasingly unstable, xenophobic or repressive. Some organizations may just want to carry out activities in Canada or have staff who now reside in Canada and they want keep those staff. 

read more

February 19, 2018

20 Ways We May Be Able To Help You With ONCA

If you are an Ontario non-profit corporation under the OCA you might find our article on ONCA helpful: 20 Ways We May Be Able To Help You With ONCA.

February 16, 2018

CRA updates T4117 - Income Tax Guide to the Non-Profit Organization (NPO) Information Return

The CRA has updated T4117 - Income Tax Guide to the Non-Profit Organization (NPO) Information Return (CRA).  Certain non-profits that are NOT registered charities need to file the Form 1044 and this guide provides explanatory material on the CRA publication.  

read more

December 08, 2017

New online service to order documents filed under the CNCA

Starting December 12, 2017, Corporations Canada will allow copies of documents filed under the Canada Not-for-profit Corporations Act  (CNCA) to be purchased online. Copies of the documents can be ordered using Corporations Canada’s Online Filing Centre and orders will be processed within one business day. This will allow those in Federal non-profit organizations that are registered under the Federal CNCA to obtain documents on their organizations even more easily and efficiently than has been the case.  It will also allow those interested in a particular Federal non-profit to obtain the same information.

read more

November 14, 2017

Ontario Changes Affecting Membership of Ontario Non-Profit Organizations under the OCA

The Ontario government has recently passed new legislation making certain changes to the Ontario Corporations Act (OCA).   The changes received Royal Assent today.   One of the most important changes is with respect to membership. Now, the directors of Ontario corporations will no longer have to be members. This gives Ontario corporations much more flexibility to structure their membership in a way that is in the long-term best interest of the corporation.

read more

November 03, 2017

Cutting Unnecessary Red Tape Act, 2017 (Bill 154) has passed and awaiting Royal Assent

On November 1, 2017 the Cutting Unnecessary Red Tape Act, 2017 (Bill 154) passed.  It  still requires Royal Assent before coming into force.   Bill 154 made changes to ONCA (which will probably only come into force years from now) but made changes to the current Ontario Corporations Act as well.  As we noted earlier some of the changes to the Ontario Corporations Act will come into force immediately upon Royal Assent and others will be 60 days after Royal Assent.

read more

October 29, 2017

Changes to the Ontario Corporations Act that will affect Ontario non-profits before ONCA applies

As we noted earlier the Ontario government has been working since September 14, 2017 on passing legislation called The Cutting Unnecessary Red Tape Act, 2017 that not only makes some changes to the new ONCA but also changes the old Ontario Corporations Act.  I was a little bit surprised to see the changes to the OCA and how extensive they were.  I worry that this could be an indication that ONCA is not coming in for a very long time.  On the other hand, most of the changes to the OCA will be beneficial.  For many Ontario non-profit corporations under the OCA moving to the new Federal Canada Not-for-profit Corporations Act ("CNCA") makes a lot of sense and could save a lot of aggravation.  But for those who don't want to move to Federal you will stay under the OCA and later ONCA and these changes will be applicable.  

read more

October 01, 2017

Letter from CRA rulings to the Charities Directorate on aboriginal bands

In July 2016 the Income Tax Rulings Directorate of CRA wrote to the Charities Directorate clarifying the procedure for reviewing whether aboriginal bands should be viewed as qualified donees.  Very importantly the CRA ITR Directorate concluded "it is our view that all bands created under the Indian Act meet the criteria to be considered municipal or public bodies performing a function of government in Canada for the purpose of paragraph 149(1)(c) of the Act and are therefore exempt from income tax." 

read more

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 The Federal government has now made it easier for Ontario corporations to move to Federal jurisdiction by pre-approving Ontario and no longer requiring a legal opinion that the transfer can take place for Ontario corporations.  This will be helpful for some of the 50,000 Ontario corporations who may wish to skip ONCA and move directly to the CNCA. 

read more

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? 

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

Contact

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
Download vCard

Connect

Locate

Blumberg Segal LLP
Barristers & Solicitors
#1202 - 390 Bay Street
Toronto, Ontario
M5H 2Y2 Canada

Charity Law List

Join Blumbergs' non-profit and charities newsletter
View recent issue: July 2019