Corporations Act (Ontario) amended to remove class vote to continue share capital social clubs
As previously reported, Bill 139 proposed to amend Ontario’s Corporations Act to remove the requirement of share capital social clubs (“Social Clubs”) to obtain approval from each class of shareholders in order to effect a continuance under one of the […]
Navigating the Ontario Business Registry for Ontario non-share capital corporations
The ONCA and OBR Ontario’s Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. It modernizes the legal framework for Ontario’s not-for-profit corporations (also known as “non-share capital corporations”). Most non-share capital corporations that were previously governed […]
Reminder to file your Federal Annual Return Filings
A lot has happened in the past year and it is easy to forget about maintaining corporate records. This serves as a reminder that non-profits that are subject to the Canada Not-for-profit Corporations Act (the “CNCA”) are required to file an annual […]
Up the Creek without a Paddle: The Law Relating to Unincorporated Associations
Estates Trusts & Pensions Journal
Charities and non-profit organizations are often faced with the question of whether to incorporate. Some decide that it is not worth the trouble, while others put off the decision until the organization grows in size. There are also those that […]
CNCA annual return extension and annual meetings
Corporations Canada has issued the following two publications in light of the COVID-19 outbreak: Corporations Canada extends annual return deadlines to September 30 for federal corporations during the COVID-19 outbreak – issued April 1, 2020 Here is the link. Corporations […]
The COVID-19 Pandemic: Key considerations for charity and non-profit governance
The situation around COVID-19 is changing rapidly. Schools nationwide have suspended classes, organizations are requiring staff to work at home remotely and governments across the country have required the cancellation of certain events. “Social distancing” has quickly become the new […]
Governance considerations for unincorporated associations that will pay off in the long run
Charities and non-profits are often faced with the question of whether to incorporate. Our simple answer is this: prevention is the best medicine. While members may have the best of intentions, a lack of forethought can have catastrophic outcomes. Any […]
Tax compliance issues: what do condominium corporations need to know?
Condominium corporations are incorporated as corporations without share capital, whose members are those individuals that own units in the building. Condominium corporations generally qualify as tax exempt under the Income Tax Act (Canada) (“ITA”), provided they meet the requirements under […]
Restricted Gifts – What Happens When the Condition of the Gift Can No Longer Be Fulfilled?
Donors frequently provide gifts to charities to be used for a specific purpose or toward specific programs/initiatives. These gifts are commonly referred to as restricted gifts and, by accepting such gifts, charities are obliged to apply the gift pursuant to […]
CRA Revises Position on the Retention of Church Envelopes
As a condition of charitable registration, charities are required to keep proper books and records. This requirement not only enables the Canada Revenue Agency (“CRA”) to audit charities efficiently, but it also ensures that charities are able to justify and […]
