Does Your Client Need a Court Order in a Charitable Matter? Maybe the OPGT Can Help

Section 13 of the Charities Accounting Act offers a simplified out-of–court procedure to obtain a Court order. It is a unique opportunity available to help defray the costs of obtaining Court orders in non-contentious charitable matters. The order is obtained through an application to the Charitable Property Program of the Office of the Public Guardian and Trustee (OPGT).

All parties, including the OPGT, must consent to the matter and it must fall within the scope of charities law. Past orders have dealt with:

·         Remuneration of directors for other services provided to a charity (when s. 2.1 of Ontario Regulation 4/01 does not apply*)

·         Cy-près of impossible or impracticable charitable gifts or trusts

·         Determination of misnamed or unnamed charity-beneficiaries

·         Appointment of replacement trustees for charitable trusts