New corporate non-profit acts
October 11, 2011
The long awaited Canada Not-for-profit Corporations Act will come into force on October 17, 2011. Until October 16 the current legislation (the Canada Corporations Act) can be used for incorporation but as of October 17, 2011 only the new Federal Not-for-profit Corporations Act (CNCA) can be used for incorporation. Therefore it is best if you have signed documents to either get them in immediately or you will have to use the new forms under the new CNCA. If you use the old act you will have 3 years to move to the new act. Under the old CCA corporations will still for a few years be able to amend by-laws, of corporations, obtain supplementary letters patent, file an annual summary or surrender the corporations charter. At Blumbergs we will be busy helping organizations incorporate under the new CNCA and also transition/continue from the old act to the new act. While one does not require legal assistance with incorporation or transition for many organizations that are charities or have more complicated governance structures they may find legal assistance helpful.
June 20, 2011
The Ontario Ministry of Consumer Services has recently updated its website pages on the new Not-for-Profit Corporations Act, 2010 with a small amount of information on the act. The new act will be of interest to Ontario non-profit corporations but will probably only be proclaimed in late 2012. We are anticipating that in the future the Ontario government will provide information and resources to non-profits on the new act.
April 18, 2011
The update on the CNCA is that there is no update. On February 16, 2011 Marcie Girouard, Director General of Corporations Canada, and Coleen Kirby, Manager of the Policy Section, spoke in Toronto about the Canada Not-for-profit Corporations (CNCA). Coleen advised that it was expected that the CNCA would come into effect in late Spring but if there was an election that her estimate is that it would take about another 3 extra months. She made it clear that it was up to the cabinet, and not her as to timing. If the end of Spring is late May, then late August is the best guess at that point as to when the CNCA would come into force.
February 26, 2011
On February 26, 2011, Industry Canada published the Canada Not-for-profit Corporations Regulations under the Canada Not-for-profit Corporations Act.
It provides an Executive Summary as well.
January 31, 2011
Are you a Federal non-profit corporation currently under the Canada Corporations Act?. If so in the next 3 years after the new Canada Not-for-Profit Corporations Act comes into force will have to continue/transition to the new Act. Corporations Canada will be holding an information session on the new Canada Not-for-Profit Corporations Act (NFP Act) in Toronto and you may find it very useful. The information is below:
December 21, 2010
Here is a copy of the Blumbergs’ Canadian Charity Law List for December 2010.
November 25, 2010
The CRA has revised its T4117 Income Tax Guide to the Non-Profit Organization (NPO) Information Return and the T1044 Form - Non-Profit Organization (NPO) Information Return. If an organization is a registered charity under the Income Tax Act they would not have to complete the form.
July 01, 2010
Here is a note by Wayne D. Gray and Lydia Wakulowsky of McMillan on Bill 65, the Ontario Not-for-Profit Corporations Act, 2010. It provides a short summary of the legislation.
June 29, 2010
Industry Canada last week released draft regulations for the CNCA, the new Federal non-profit act. There is also a “Notice from the Director — Consultation on proposed Canada Not-for-profit Corporations Regulations” dated June 25, 2010 which contains an explanatory note and a “Consultation on proposed Canada Not-for-profit Corporations Regulations”. Industry Canada is launching a consultation on proposed
regulations under the Canada Not-for-profit Corporations Act. Industry Canada has requested that comments on the Canada Not-for-profit Corporations Act (CNCA) be submitted by October 1, 2010.
May 22, 2010
Here is the “Official Notice of Fee Proposal For Services under the Canada Not-for-Profit Corporations Act”. This notice which is required under the User Fee Act gives the public and idea of what fees are proposed for the CNCA - these may or may not be the final . Nothing looks too out of the ordinary. Perhaps a $40 fee for non-electronic filing of the annual return is a little much - but then again I think the message these days is do it electronically. One thing that this process raised for me - if you are a federal non-profit (whether charitable or not) you pay all these fees to Industry Canada for the benefit of having incorporated federal non-profit status but why is it that you don’t have to pay any fees to the Charities Directorate when you apply for charitable status or for almost any other services they provide?
March 31, 2010
The CRA discusses questions including 1.What is meant by broad and vague objects? 2.What is the problem with broad and vague objects? 3.Is there a way to keep our objects broad and still be eligible for registration as a charity? 4.What is the difference between purposes (or objects) and activities? 5.Why are purposes and activities important? 6.What is “sufficient” information?
January 15, 2010
Here is a link to a PDF document from the BC Ministry of Finance on the BC Society Act Review http://www.fin.gov.bc.ca/society_act_review.pdf The document raises a number of important policy issues with non-profit corporate law that may be of interest to even those outside of BC.
December 01, 2009
After the new Canada Not-for-profit Corporations Act comes into force (probably around 2011) Canadian federal charities under the Canada Corporations Act that wish to continue existing will have a further three years to continue (essentially to covert) under the new Canada Not-for-profit Corporations Act
December 01, 2009
No. The new Canada Not-for-profit Corporations Act requires that corporations have members however the board of directors and the members can be identical as is often the case with Canadian charities.
November 30, 2009
I am not even going to try to answer this issue. I tried before to deal with Subsection 16(3) and got the answer wrong. I am excerpting a piece from a paper entitled Insight on C-4, the New Canada Not-for-profit Corporations Act By: Wayne Gray, who is a partner at McMillan LLP, Toronto. http://www.mcmillan.ca/waynegray to answer the question.
November 30, 2009
The New Canada Not-for-profit Corporations Act while passed has not come into force yet. The experts best guess (see Wayne Gray below) is early 2011 for it coming into force.
June 30, 2009
The new Canada Not-for-profit Corporations Act has just received royal assent on June 23, 2009. The act has yet to be proclaimed in force and it will come into force on a day or days to be fixed by order of the Governor in Council. It is difficult to know when the bill will come into force. It could be 3-6 months or it could be a year or more. Industry Canada will have a lot of work to do with the regulations, forms, fees etc. Once the act comes into force current Canada Corporations Act corporations will have 3 years to continue into the new act assuming that no change or extension is made to the act. There will be a lot of material prepared by non-profit associations as well as professional advisors and others to assist CCA corporations with the transition. It makes little sense for most CCA non-profits to start worrying about this act until there is greater clarity and more time has elapsed.
April 29, 2009
The Standing Committee on Industry, Science and Technology presented a report on the Bill C-4, An Act respecting not-for-profit corporations and certain other corporations and has suggested a number of amendments. Here is the report http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3821518&Language=E&Mode=1&Parl=40&Ses=2 Here is the slightly revised bill at:
March 20, 2009
The Canadian parliament is once again considering passing the Canada Not-for-profit Corporations Act. If it is passed it will affect 19,000 Canadian federal corporations that are incorporated under federal law. The Bill is currently in the Industry, Science and Technology Committee.
June 18, 2008
It looks like Industry Canada will be making a second attempt to pass a new federal non-profits act to replace the Canada Corporations Act. It will be called the Canada Not-for-profit Corporations Act (NFPC).
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
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