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Category Definitions
What is Charities/Not-For-Profit Law?

Best Charities and Not-For-Profit Lawyers in Canada as ranked by Lexpert

Charities/Not-for-Profit Law involves a number of legal specialties, including corporate law, trusts and estates, and depending on the circumstances, real estate, taxation, employment and general business law.

 

It involves representation of organizations such as public and private foundations, community trusts, cultural and performing organizations, educational and health care institutions, and other tax exempt entities, on matters ranging from obtaining charitable registration status from the Canada Revenue Agency, issues of corporate governance and planned giving, tax planning, and compliance with applicable provincial and federal statutes and regulations.

 

Please note that there is a separate section in the Lexpert Directory for the best Estate and Personal Tax Planning lawyers.

 

Are charities non-profit or not-for-profit?

Lawyers working in this space may be working under charities or charitable institutions which are generally classified into either Non-profit or Not-for-profit. Non-profit and Not-for-profit are two different entities, but both have similarities and differences. The two do not generate profit entirely for its stakeholders (i.e., owners), as the profit of these organizations is entitled for charitable purposes and public benefit only, or for its operations; hence, any “profit” must be entirely used for their identified cause or for the benefit of their identified communities. As such, the term “non-profit” may refer to both these entities but are still technically different especially under the charities and not-for-profit law.

 

Not-for-profit or Charities

Not-for-profit or Charities are organisations or foundations whose existence is dedicated for charitable purposes, and which are registered under Canadian charities and not-for-profit law. This registration provides these organisations the legal personality to issue official receipts for the donations it receives, to become tax exempt, and to be regulated by the government and Canadian laws. These organisations may have a specific focus depending on its purpose such as poverty alleviation, religious advancement, educational purpose and/or research, public safety, animal welfare, and among others.

 

Non-profit

Non-profit organisations are unincorporated associations or group of individuals, such as recreational clubs, that are not necessarily registered under the charities and not-for-profit law. Similar with not-for-profit organisations, these non-profit organisations may be organized for any purpose other than for profit-generation. A not-for-profit may start as a non-profit before its elevation to becoming a registered charity. Examples of non-profit organisations are social clubs, amateur sports clubs, or specific-hobby groups.

 

What are the legal requirements for non-profit organization in Canada?

The charities and not-for-profit law provide for the procedures to be undertaken of an organisation who wishes to be registered as a non-profit organisation in Canada.

 

Not-for-profit incorporation

A not-for-profit organisation can be registered either as a federal or provincial corporation with the charities and not-for-profit law, both of which have different requirements and processes that the charities and not-for-profit lawyers below can assist you with.

 

Federal not-for-profit incorporation

Federal incorporation is necessary to operate either nationally or internationally. An application for incorporation is either filed online or submitted to Corporations Canada. After the corporation has been created, documents are needed to be submitted to Corporations Canada under the Canada Not-for-profit Corporations Act (or the NFP Act). Such incorporation or registration would also be governed by other Canadian charities law, such as the Charities Registration (Security Information) Act. Once incorporated, a federal not-for-profit incorporation would now have certain benefits such as the right to use their chosen name across Canada.

 

By-laws

Next would be the creation of the corporation by-laws which would govern the objectives, philosophies, and operations of the said not-for-profit or charity.

 

Registering as a charity under the Income Tax Act

The Income Tax Act requires the not-for-profit corporation to register with the Canada Revenue Agency (CRA) as charities. This would enable the charity or the not-for-profit to issue official donation receipts and be exempted from taxes and be eligible for lower corporate taxes.

 

Provincial incorporation

For registration under the charities and not-for-profit law as a provincial incorporation, the process would start with the registrar of the chosen provincial or territorial government. There may be different process and requirements in every province or territory in Canada.

 

Charities and not-for-profit lawyers can help organisations with registration and other regulations that may come with it.

 

What would a lawyer say is the difference between non-profit and not-for-profit in Canada?

Under the charities and not-for-profit law, while both non-profit and not-for-profit are not for income generation, a major difference is the registration of a not-for-profit organisation for the purpose of tax exemption and issuance of official donation receipts. There are also other similarities and differences between a non-profit and not-for-profit in Canada:

 

Purpose

If the aim of forming the organisation is exclusively for the benefit of the community, a social cause, or for charitable purposes, then a charity or not-for-profit would be a recourse recommended by most charity and not-for-profit lawyers. However, if it is only for recreational purposes and will only operate locally, a non-profit would be a better fit.

 

Registration

According to its purpose, a charity or a not-for-profit is required to undergo registration under the charities and not-for-profit law and is afterwards given a registration number; while a non-profit organisation does not need to be registered. In addition, a charity or a not-for-profit would have a spending requirement on its own charitable activities or as gifts to qualified donees, which is otherwise not required for non-profit organisations.

 

Taxation

Once registered, a charity or a not-for-profit may now issue official donation receipts for the purpose of becoming exempt from paying income taxes. On the other hand, a non-profit cannot issue such official receipts, are still exempt from paying income taxes, but may be taxed through other ways such as capital gains or property income.

 

While both may have to pay GST and/or HST on their purchases, a charity or a not-for-profit may claim a partial rebate of these taxes paid on eligible purchases, while a non-profit can only claim such rebate if they have received significant funding from the government.

 

Owing to their being a registered organisation, a charity or a not-for-profit may compute taxes using the formula of net tax for charities, but non-profit organisations may have to compute theirs in the regular way.

 

What are the rules for charitable foundations Canada?

To be eligible for registration under the charities and not-for-profit laws of Canada, the organisation who desires to be registered must:

  • Show that its purpose is for public benefit or is charitable according to law
  • Provide the ways that its activities promote or advance these charitable purposes while complying with the requirements of the charities and not-for-profit laws of Canada, including its laws on taxation
  • Present who are the beneficiaries of these charitable activities

 

A lawyer specializing in charity and not-for-profit law will be able to help navigate your way through these registrations.

 

Who regulates charities in Canada?

For the purpose of regulation, the charities and not-for-profit law of Canada states that the Canada Revenue Agency (or CRA) is the primary agency to register charities. It is also the agency which ensures that these charities and not-for-profit organisations comply with the Income Tax Act and common law. The CRA is also tasked with the education of newly registered charities for them to validly and voluntarily comply with the requirements under the Canada charity law.

 

Is a not-for-profit a charity in Canada?

Not-for-profit organisations are not a charity under Canadian charities and not-for-profit law. An organisation would only become a charitable institution or a charity if it is registered under the law of charitable and not-for-profit organizations, as mentioned above.

 

Contact the best charities and not-for-profit law lawyers by scrolling down to the list below.

Ontario

Toronto Leading Practitioners
Most Frequently Recommended
Terrance S. Carter
Toronto, Ontario
Carters Professional Corporation
Robert Hayhoe
Toronto, Ontario
McCarthy Tétrault LLP
M. Elena Hoffstein
Toronto, Ontario
Miller Thomson LLP
Susan M. Manwaring
Toronto, Ontario
Miller Thomson LLP
Corina S. Weigl
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Consistently Recommended
Mark A. Blumberg
Toronto, Ontario
Blumbergs Professional Corporation
Nicole K. D'Aoust
Toronto, Ontario
McCarthy Tétrault LLP
Linda J. Godel
Toronto, Ontario
Torkin Manes LLP
B. Lynne Golding
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Victoria Prince
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Christopher J. Steeves
Toronto, Ontario
Fasken Martineau DuMoulin LLP
David P. Stevens
Toronto, Ontario
Gowling WLG
Laurie M. Turner
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Repeatedly Recommended
Maureen Berry
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Rachel L. Blumenfeld
Toronto, Ontario
Aird & Berlis LLP
Katherine Carre
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Brennan M. Carroll
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Sean Carter
Toronto, Ontario
Carters Professional Corporation
Clifford S. Goldfarb
Toronto, Ontario
Gardiner Roberts LLP
Wayne D. Gray
Toronto, Ontario
Gray, Whitley LLP
Eric N. Hoffstein
Toronto, Ontario
Fogler, Rubinoff LLP
Darren Lund
Toronto, Ontario
Fasken Martineau DuMoulin LLP
James M. Parks
Toronto, Ontario
Gardiner Roberts LLP
Nick G. Pasquino
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Heather Pessione
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Elie Roth
Toronto, Ontario
Davies Ward Phillips & Vineberg LLP
Natasha Smith
Toronto, Ontario
Cassels Brock & Blackwell LLP
Andrew Valentine
Toronto, Ontario
Miller Thomson LLP
Kitchener-Waterloo Leading Practitioners
Repeatedly Recommended
Teresa A. de Haan Douma
Kitchener-Waterloo, Ontario
Douma Law
London Leading Practitioners
Repeatedly Recommended
Kristina M. Shaw
London, Ontario
Miller Thomson LLP
Orangeville Leading Practitioners
Most Frequently Recommended
Theresa L.M. Man
Orangeville, Ontario
Carters Professional Corporation
Repeatedly Recommended
Jacqueline Demczur
Orangeville, Ontario
Carters Professional Corporation
Esther S.J. Oh
Orangeville, Ontario
Carters Professional Corporation
Ryan M. Prendergast
Orangeville, Ontario
Carters Professional Corporation
Ottawa Leading Practitioners
Most Frequently Recommended
Adam Aptowitzer
Ottawa, Ontario
KPMG Law LLP
Repeatedly Recommended
Carole Chouinard
Ottawa, Ontario
Gowling WLG
Pamela L. Cross
Ottawa, Ontario
Borden Ladner Gervais LLP (BLG)
Jennifer M. Leddy
Ottawa, Ontario
Carters Professional Corporation
Ryma Nasrallah
Ottawa, Ontario
Borden Ladner Gervais LLP (BLG)
Esther Shainblum
Ottawa, Ontario
Carters Professional Corporation

Québec

Montréal Leading Practitioners
Consistently Recommended
Daniel Lawrence Frajman
Montréal, Québec
Spiegel Ryan
Repeatedly Recommended
Troy McEachren
Montréal, Québec
Miller Thomson LLP
Rhonda Rudick
Montréal, Québec
Davies Ward Phillips & Vineberg LLP

British Columbia

Vancouver Leading Practitioners
Consistently Recommended
Kate N. Bake-Paterson
Vancouver, British Columbia
DLA Piper (Canada) LLP
Michael P. Blatchford
Vancouver, British Columbia
Miller Thomson LLP
Amanda Stacey
Vancouver, British Columbia
Miller Thomson LLP
Repeatedly Recommended
Sarah Fitzpatrick
Vancouver, British Columbia
Miller Thomson LLP
Edgar A. Frechette
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Bryan Millman
Vancouver, British Columbia
Miller Thomson LLP
Laura E. West
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP

Alberta

Calgary Leading Practitioners
Consistently Recommended
Yvonne Chenier
Calgary, Alberta
C. Yvonne Chenier, Legal Counsel
Repeatedly Recommended
Brian R. Milne
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Ruth M. Spetz
Calgary, Alberta
Borden Ladner Gervais LLP (BLG)
Edmonton Leading Practitioners
Repeatedly Recommended
Laird Hunter
Edmonton, Alberta
Stephens Mah Toogood

Manitoba

Winnipeg Leading Practitioners
Consistently Recommended
Florence I. Carey
Winnipeg, Manitoba
Florence Carey Law Corporation
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