Corporations Canada has amended two policies applicable to
corporations incorporated under the Canada Not-for-profit
Corporations Act ("CNCA"): Cancellation of Corporation Articles and
Certificate of a not-for-profit and Correction of articles and certificates of a
Not-for-profit corporation.
The changes introduce a more user-friendly format and plain
language. The following changes were also made to both
policies:
- the scope of information and documentary evidence to be provided by an applicant may differ based on whether the certificate and/or articles were used;
- the individual authorized to sign the statement and statutory declaration was clarified: all statements must be signed by a director or officer of the applicant corporation or a professional representative (e.g., a lawyer, notary or accountant), and all statutory declarations must be signed by a director or officer of the applicant corporation;
- the circumstances in which an applicant corporation could request a court order for cancellation or correction to the certificate and/or articles were added;
- the role of Corporations Canada in processing an application and the circumstances in which it may refuse to correct or cancel a certificate and/or articles were added; and
- the application process for correcting an error that can only be attributed to Corporations Canada was added.
If you are considering making corrections to or cancelling the certificate and/or articles of your CNCA corporation and have questions about the process, please feel free to contact any lawyer from our Charities and Not-For-Profit Group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
