www.carters.ca
www.charitylaw.ca
•However, the CAA is silent on
who has the capacity to carry out the role of trustee
•Under the CAA, directors and
officers, as the guiding minds of the corporation, would likely
have the high fiduciary duty of care for charitable property
•The CNCA, though, specifically
states that directors are not trustees for any property of
the corporation
•While the ONCA does not provide
a similar provision to the CNCA, ss 5(2) provides that if
there is a conflict between the Act and the law applicable
to charitable corporations, then charity law will prevail
•Since there is a conflict, in
Ontario at least, charity law would prevail and thus the
assumption is that directors of NFP corporations have the high
fiduciary duty in relation to charitable property
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