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  • Article

    Launch Of The Ontario Not-For-Profit Corporations Act, 2010

    At last, the Government of Ontario has announced that the Ontario Not-for-Profit Corporations Act, 2010 will enter into force on October 19, 2021 - the same day the new Ontario Business Registry is set to launch.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Not-For-Profit Corporations – New Flexibility When You Really Need It

    As of October 17, 2014, the period for transitioning to the new Canada Not-for-profit Corporations Act will expire.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

Ontario's Not-for-profit Corporations Act In Force On October 19, 2021

Individuals involved with an Ontario non-share capital corporation, should be aware that, after over 10 years in the making, the Ontario government has announced the proclamation date for the Not-for-profit Corporations Act, 2010.
CanadaCorporate/Commercial Law
Blaney McMurtry LLP
Blaney McMurtry LLP
  • Article

    Ontario's Not-for-Profit Corporations Act: The Transition Period End

    Ontario's Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15 (the "ONCA") came into force as of October 19, 2021. Generally speaking, the ONCA applies automatically to all Ontario not-for-profit corporations.
    CanadaCorporate/Commercial Law
    Sorbara Law
    Sorbara Law
  • Article

    Ontario Budget 2016: Few New Measures That Affect The Voluntary Sector

    On February 25, 2016, Ontario Finance Minister Charles Sousa released the 2016 Ontario Budget.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Possible Tax On Gifts Of Ecologically Sensitive Land

    When a charity receives a gift of land, the charity is not necessarily free to sell the land or use it in any manner it desires.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Prevention Vs. Relief Of Poverty: Not A Difference Without A Distinction In The Eyes Of The Law

    Charities are widely perceived as organizations that provide assistance to those in need and aim to make the world a better place. However, the word "charitable" has a different meaning at law.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Quebec 2016 Budget

    The budget contained several measures designed to increase the benefit to Quebec resident donors from charitable donations and to facilitate the operations of resident donors in Quebec.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Some Issues To Remember Under The CNCA

    As federal not-for-profits move to continue under the Canada Not-For-Profit Corporations Act ("CNCA") before the October 17, 2014 deadline, it is useful to remember some special issues they may face.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Superior Court Of Ontario Applies Cy-pres Doctrine To Testamentary Gift

    In situations where fulfilling the donative intent of a will becomes difficult, courts can apply the doctrine of cy-près to rectify the situation.
    CanadaCorporate/Commercial Law
    Carters Professional Corporation
    Carters Professional Corporation
  • Article

    Supreme Court Of New Zealand Finds That Political Purposes Can Be Charitable

    The Supreme Court of New Zealand found generally that an organization cannot be prevented from registering as a charity on the basis that it has a political purpose.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Tax Court Of Canada Considers Treatment Of Inflated Receipts

    A recent decision of the Tax Court of Canada addressed the treatment of donors claiming receipts that were inflated in excess of the actual donation.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    The Many Advantages Of Donor-Advised Funds (DAFs) For Philanthropy

    There are many reasons and many ways to give. Charitable giving is a very personal choice—including which charity to benefit, the purpose and objective of the gift, the source of the gift, the timing of the gift, and even the vehicle to carry out the gift.
    CanadaCorporate/Commercial Law
    O'Sullivan Estate Lawyers LLP
    O'Sullivan Estate Lawyers LLP
  • Article

    Trust Reporting Rule – A New (And Unnecessary) Compliance Burden For Registered Charities?

    As part of seeking to prevent inappropriate tax avoidance using trusts, the Federal Department of Finance recently introduced new trust reporting rules that will apply beginning at the end of 2023.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Update To The New Trust Reporting Rules: Clarity For Charities Administering Internal Trusts

    The Canada Revenue Agency (CRA) has recently provided updated guidance to Canadian charities seeking clarity on maintaining compliance with the Canadian Income Tax Act ("ITA")...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Updating Membership Criteria? What Ontario Not-for-profits Should Know

    The Ontario Superior Court of Justice has ruled on when not-for-profit corporations can modify their membership criteria and what standards courts apply when reviewing such governance decisions.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    You Can't Do What You Want! UK Court Finds That Members Of A Charitable Corporation Are Fiduciaries Of The Charity

    Presently in Canada, there are over 85,000 registered charities, most of which are set up as not-for-profit corporations.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    $250,000 Fine Against School Board May Be Largest-Ever Against Not-For-Profit Organization In Ontario

    A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Teachings Of Ebenezer Scrooge: Helping Those In Need (A Checklist For Charitable Giving In Your Will)

    As Christmas draws near, our thoughts often turn to charitable giving, not unlike the enlightenment of Ebenezer Scrooge in Charles Dickens' A Christmas Carol.
    CanadaFamily and Matrimonial
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Applications Are Now Available For Cataract-Focused Community-Based Specialty Clinics

    The anticipated release date of application materials for the establishment of Community-Based Specialty Clinics is now here.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
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