Topics: What's New from the Charities Directorate of CRA, Canadian Charity Law, ONCA, New corporate non-profit acts
A notice from Corporations Canada of Innovation, Science and Economic Development Canada (formerly Industry Canada) entitled "Last chance for not-for-profits to transition" has been sent out reminding non-profits that if they are still under the old Canada Corporations Act that they need to transition to the Canada Not-for-profit Corporations Act or they will be dissolved. The final final deadline is July 31, 2017 to have completed the process.
I have already received inquiries from organizations that have made the transition already that they had received the email. I think that Corporations Canada sent out the email to a very large number of people - who do not necessarily need to make any changes. I am not saying that their email is spam, but just saying!
If you are a charity and you don't make the transition, and you are dissolved then eventually CRA is going to revoke your organization. Here is a link to the Corporations Canada database which identifies which act you are under.
Here is the notice:
"Notice – July 31, 2017: Last chance for not-for-profits to transition
All corporations created under the Canada Corporations Act, Part II need to have completed their transition to the Canada Not-for-profit Corporations Act and received their certificate of continuance by July 31, 2017.
If the transition is not completed by that date, the corporation – including registered charities – will be dissolved. This means that the corporation will no longer exist as a legal entity. In the case of registered charities, dissolution could lead to the revocation of their registration as a charity. See Operating a registered charity for more information.
If you have already filed a transition request but have not received your certificate of continuance from Corporations Canada, this means that you have not completed the transition.
There is still an opportunity to transition and keep your corporation active. To find out more, read our Transition Guide or contact us at 1-866-333-5556."
We have assisted many CCA non-profits with the continuance and if you require assistance let us know.
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.