The Not-for-profit Corporations Act, 2010 Will Not Apply to All Ontario Corporations April 28, 2014 Kimberley A. Cunnington-Taylor This article explains how to determine which Ontario corporations the ONCA will apply to.
Ontario Corporations Don’t Need to Wait for the ONCA: Continuing from the OCA to the federal jurisdiction April 24, 2014 Mark Blumberg and Kate Robertson Below we will discuss some of the advantages and disadvantages of an Ontario non-profit corporation moving from the Ontario jurisdiction to the federal jurisdiction as well as the steps required to continue if a non-profit decides to do so.
Update on CNCA Continuance Process March 18, 2014 Theresa L.M. Man This article provides updated guidance on the CNCA continuance process which is required to be completed by the mandated October 17, 2014 deadline.
Ontario’s Highest Court Decides Charity Property Dispute March 18, 2014 Derek Ross In a recent decision that will be of interest to parent and subsidiary charities across the country, Ontario’s highest court has weighed in on a number of important legal questions including: Who owns a charity’s assets in a parting of ways? Who decides what a “congregation” is? And who should bear the legal costs to have those questions answered? The case and its implications for charities are discussed in this article.
Involvement with Unrelated Businesses – Proceed with Caution February 20, 2014 Catherine Nicholson This article reviews a recent CRA ruling involving a charity's ownership of common shares in a company and whether certain arrangements would cause it to run afoul of the “unrelated business” prohibition. This ruling is a reminder that any involvement by a charity with a taxable corporation beyond passive investing must be carefully reviewed to ensure that it does not constitute carrying on an unrelated business.
CRA's Developing Position on Inactive Charities January 29, 2014 Robert B. Hayhoe Among the 80,000 or so Canadian registered charities, there are a number of charities with no assets, liabilities or activities. This article explores CRA's developing position with respect to inactive charities.
CASL Update for Charities and Other Not-for-Profits: Coming into Force July 1, 2014 January 29, 2014 Carol Anne O’Brien The federal government recently released the final regulations to implement Canada’s Anti-Spam Legislation. Most provisions will come into force on July 1, 2014. This article highlights the requirements and exceptions for charities and non-profits in complying with the new legislation.
Municipalities and First Nations - Importance of "Qualified Donee" Registration January 08, 2014 Margaret H. Mason In 2012 the CRA indicated that it would require all “municipal or public bodies performing a function of government in Canada” to register with the CRA to become, or to remain, a qualified donee. The CRA has finally announced details regarding the process for registration.
CRA Releases Political Activities Self-Assessment Tool January 08, 2014 Camille Jordaan The CRA recently released a new political activities self-assessment tool.
What to Do? Commercial Activities Under the ONCA June 21, 2013 Jonah Mayles Subsection 8(3) of the ONCA permits a not-for-profit corporation to have purposes of a commercial nature if its articles state that the commercial purpose is intended only to advance or support one or more of the non-profit purposes of the corporation.