Topics: What's New from the Charities Directorate of CRA, Canadian Charity Law, Transparency, New corporate non-profit acts
For a number of months Corporations Canada of Industry Canada has provided more director information on their website with respect to Federal non-profit Corporations under the Canada Corporations Act (“CCA”) and new Canada Not-for-profit Corporations Act (“CNCA”). Previously, the list of directors (and their addresses) was excluded from the free corporate information provided on Corporations Canada’s website. However, the public was able to access this director information by filing a request with Corporations Canada (a fee per page was being charged and you had to provide a credit card for the $1-$2 charge which is cumbersome).
Corporations Canada is no longer requiring requests for this director information (name and address) and it is freely accessible on their website. While this is helpful for many, it may for some be a concern for their privacy or safety.
In light of the public accessibility to the directors’ addresses on the Corporations Canada website, directors may want to consider providing an address for service (such as their office/business address or other address) to Corporations Canada instead of their residential address. Charities and not-for-profits should verify which address their directors are more comfortable providing to the public.
If directors need to update their addresses, these changes can be made quite easily by either filing the Form 4006 – Changes Regarding Directors with Corporations Canada, or using the organization’s ‘Corporation Key’ to make these changes using the online filing system. If the corporation does not already have a corporate key they can get one on the Corporations Canada website. Please see http://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs04179.html for more information.
To search for a federal corporation, you can visit the Corporation’s Canada search engine located at: https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpSrch.html?locale=en_CA
Keep in mind that the information that Industry Canada has is from filings under the CNCA. Information provided to CRA is different. CRA requires a residential address for each director of registered charity but CRA is required to keep that information confidential.
So registered charities should for each director have a residential address and if the director does not want their home address appearing on the Industry Canada website then the director should provide the charity with an address for service. Charities should review the information on the Industry Canada database and ensure that it reflects the preference of their directors and is up to date.
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
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.