Topics: News, What's New from the Charities Directorate of CRA, Canadian Charity Law, New corporate non-profit acts
Here is the Blumbergs' List of Canada Corporations Act non-profits that need to continue to the CNCA. The federal government as part of its Open Data initiative provides a complete list of Federal corporations (for-profit and non-profit) in XML format. We thought it might be helpful to look at which Canadian non-profits corporations are still under the old Canada Corporations Act (CCA) and may need to continue under the Canada Not-for profit Corporations Act (CNCA).
The CNCA was brought into force in 2011 and will replace the Canada Corporations Act (CCA). The CNCA will be of particular interest to Canadian non-profit organization and charities that are incorporated federally under the CCA as they will have to file documents to continue under the CNCA or face dissolution. CCA corporations have until October 17, 2014 to complete the continuance. While the implementation of the CNCA provides a good opportunity for Federal non-profit corporations to assess their governance practices and make improvements, the failure to act may have dire consequences for some organizations.
A few points to note about the list:
How did we obtain this list? The government of Canada is increasingly providing data to the public on its open government website. Unfortunately, the information that is available is spotty and the quality of the data is poor. For example, to create this list I had to review 25 files, and make many corrections in the XML language used by Industry Canada. As well we had to pare down the list by about 90% to exclude Federal for-profit corporations and those who have already continued under the CNCA.
For the most up-to-date information on the status of a particular Federal non-profit corporation you should visit Industry Canada's database of Federal corporations. It is updated frequently.
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.