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Blumbergs' List of Canada Corporations Act Non-Profits That www.canadiancharitylaw.ca Blumbergs’ List of Canada Corporations Act non-profits that may need to continue to the CNCA By Mark Blumberg (April 28, 2014) 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). Background 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. www.canadiancharitylaw.ca A few points to note about the list: 1) Many of these corporations were created a long time ago and have been dormant for many years. For many of them, mandatory dissolution will not have any negative impact and they may actually welcome the closure that dissolution provides. 2) The list contains all names (English, French and Old/New) of corporations. Therefore, although there are 34,000 names there are in fact less actual corporations. Generally, Industry Canada estimates that 19,000 to 25,000 federal non-profit corporations under the CCA. About 2,000 of the original CCA corporations have already moved over to the CNCA already. 3) Many thousands of these corporations are registered charities and if they have not moved over to the CNCA by the requisite time they could have their charitable status revoked. While some wait anxiously to find out if one or two environmental organizations will be revoked for stepping over the line regarding political activities, there may be hundreds of environmental organizations that could lose their charitable status because of dissolution. While some have focused on dozens of international development organizations that have been "defunded”, hundreds may lose their charitable status because of dissolution. CRA has been very selective about revocations of charitable status, only revoking charitable status for cause of about 20 to 40 charities per year whose conduct has generally been negative and troubling. As a result of non- compliance with the requirements of the CNCA, it is possible that the status of thousands of normal operating Canadian charities could be revoked. 4) Over the last two months, some of these listed non-profits may have continued to the CNCA and obviously there is still another six months for the remaining non-profits to continue. Furthermore, although Industry Canada will begin the process of dissolution in October, they will likely start with organizations that have not filed annual returns in many years. 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. It is updated frequently. www.canadiancharitylaw.ca Further Information on the CNCA Continuance Here are some further resources that you might find helpful with respect to the CNCA continuance: Blumbergs’ CNCA Suitcase Time is not on your side – A Primer on the CNCA Continuance Industry Canada What will happen on October 17, 2014? Important message from CRA to Canadian charities incorporated under the Canada Corporations Act New CRA Guidance on “How to Draft Purposes for Charitable Registration” and new model objects This list is provided as part of the Sean Blumberg Transparency Project. Limitations and Caveats There are a number of cautions in dealing with the information from the Industry Canada database. This information is provided “as is” and if you have issues with the information please refer to Industry Canada’s database. Mark Blumberg is a lawyer at Blumberg Segal LLP in Toronto. He works almost exclusively in the area of non- profit and charity law. To find out more about the legal services that Blumbergs provides to charities and non- profits please visit www.canadiancharitylaw.ca or www.globalphilanthropy.ca If you require assistance with the CNCA continuance process please contact us or send an email to [email protected] This article is for information purposes only. It is not intended to be legal advice. You should not act or abstain from acting based upon such information without first consulting a legal professional. www.canadiancharitylaw.ca Further information on transparency in the non-profit and charity sector Are you interested in more information on transparency in the charity sector? If so, you might find these links helpful. Blumbergs Canadian Charity Sector Snapshot 2011 - understanding the charity sector through the T3010 Blumbergs Canadian Charity Sector Snapshot 2010 -a little more perspective on the sector Blumbergs’ Snapshot of the Ontario Charity Sector 2011 Blumbergs’ Directory on Transparency Related Articles Blumbergs’ Directory on Canadian charity statistics Some questions to add to the T3010 Registered Charity Information Return Mark Blumberg’s submission to the Standing Committee on Finance on transparency Canadian Charities and Free Transparency Tools - look before you donate your time or money CRA publishes new web page on “How to get information about a charity” New Transparency in Ontario for Non-Profits to be released in next few months Finance Memo on Registered Charities - Political Activities, Foreign Funding and Transparency Which Canadian Charities Spent Money on “political activities” and how much did they spend So how much do Canadian charities receive from foreign sources according to the T3010 Returns? Transparency - What can the Charities Directorate of CRA disclose about registered charities? How accurate are the T3010 charity returns when it comes to political activities? How to Decide Which Charity to Support Community Foundations of Canada 2013 Conference in Winnipeg -some interesting stats CRA publishes new web page on “How to get information about a charity” CRA releases new T3010 (13) for registered charities with fiscal year ends after January 1, 2013 List of Ontario Non-Profit Corporations finally revealed for the first time Who are the Canadian environmental charities? Which Canadian Registered Charities Received the Most Money from Municipal Governments in 2012? www.canadiancharitylaw.ca Which Canadian Registered Charities Received the Most Money from Provincial Governments in 2012? Which Charities Received the Most Money from the Federal Government – 2012? Largest Gifts from Canadian Charities to other Qualified Donees - 2012 More from the T3010-13 on political activities - ASSEMBLÉE ISLAMIQUE DE L'AMÉRIQUE DU NORD AU CANADA - -- ASSOCIATION ZONE COTIERE CANADA - FONDATION NORD-AMERIQUE DES SPORTS DE MER - - FOUNDATION OF NORTH-AMERICAN SEA SPORTS - - ISLAMIC ASSEMBLY OF NORTH AMERICA IN CANADA - - LA FONDATION OECUMENIQUE DU CANADA - PLACE CLOSSE OWNERS' ASSOCIATION. - PLACE DES GRIVES OWNERS' ASSOCIATION. " CANADIAN ARAB MEDIA FEDERATION " "A VISIT WITH MRS. G" MINISTRIES INC. "A.M.M.P.E. IX CONGRES 88 INC." "ASSOCIATION INTERNATIONALE DU FILM D'ANIMATION-CANADA"-"ASIFA-CANADA" "CANADA" BOAT RESTORATION FUND "CANADACARES CHILDREN'S INTERNATIONAL FOUNDATION INC." "CANADIAN INSTITUTE FOR INTERNATIONAL ORDER" CORPORATION - "CANADIAN SOCIETY FOR SURGERY OF THE HAND" "CENTRE NATIONAL DE DROIT PREVENTIF INC." "CHOY LEE FAT KUNG FU" ATHLETIC ASSOCIATION OF CANADA "EASTERN ONTARIO MOTOCROSS ASSOCIATION" (E.O.M.A.) "FAIRNESS IN LIFE" "FE VIVA" WORLD MISSIONS "FEDERATION OF BANGLADESHI ASSOCIATION'S IN NORTH AMERICA"-(FOBANA) "Get Fit, Get Healthy Assoc." "GREEN PASTURES" EVANGELISTIC MINISTRIES "HAWKS FRATERNAL INTERNATIONAL CLUB INC. MONTREAL" "HUMAN PROTEOME ORGANISATION (HUPO)" "IMPERIAL VETERANS IN CANADA" "INTERNATIONAL AIDS SOCIETY" - CONGRÉS STRATÉGIES GLOBALES 1999 "INTERNATIONAL ANIMATED FILM ASSOCIATION-CANADA"-"ASIFA-CANADA" "IVONIS MAZZAROLO FOUNDATION" "LA SOCIETE CANADIENNE DE CHIRURGIE DE LA MAIN" "LE CAMPING UASHAT INCORPORE" "LE PELICAN", L'OEUVRE DE LA MISERICORDE DU PERE "LES BISONS C.M. DE THURSO INC." "LES HANDI" CORPORATION "NAKHIJEVAN" ARMENIAN COMPATRIOTIC UNION OF CANADA (NACUC) "NAKHIJEVAN" INSTITUTE OF CANADA (NIC) "NEIGHBOURS" - Focusing on Accountability, Credibility and Truth Society "ONE MORE STEP" "OWE TANINKEYA MANI" (TRACKS APPEAR WALKING) "PMAC - HEALTH RESEARCH FOUNDATION (1990) "POTTER'S HOUSE" MINISTRIES OF CANADA "POUR UNE VIE JUSTE" "R. - U. RENAISSANCE" "ST. SOPHIA" RELIGIOUS ASSOCIATION OF UKRAINIAN CATHOLICS IN CANADA "SVETOCH" SLAVIC CULTURE SOCIETY "SVETOCH" SOCIETE DE LA CULTURE SLAVE "THE CAMBRIDGE EXCHANGE", COMMUNITY PROJECTS, CAMBRIDGE, INC. "The Lord is they Keeper!"
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