Corporate Update

Jun 2019 Charity & NFP Law Update

New Regulations Amending the Canada Not-for-profit Corporations Regulations and Canada Cooperatives Regulations

As reported in the March 2019 Charity & NFP Law Update[1] proposed amendments to the Canada Not-for-profit Corporations Regulations (“CNCR”) and the Canada Cooperatives Regulations (“Co-op Regulations”) were published in the Canada Gazette on March 16, 2019, with proposed regulatory text to amend both regulations. Subsequent to that, the final Regulations Amending the Canada Not-for-profit Corporations Regulations: SOR/2019-224 [2] and the Regulations Amending the Canada Cooperatives Regulations: SOR/2019-226  [3] were published in the Canada Gazette on June 17, 2019.

The final amending regulations are substantively the same as the draft regulations published in March 2019, although certain fees have been changed. In this regard, the amendments to the CNCR generally focus on fees and online services, and include reducing the fees for certain online services; adding new online services; increasing the fees for certain non-online services; removing certain fees; and imposing new fees, with a proposed escalator clause to adjust the fees periodically. Similarly, the proposed amendments to the Co-op Regulations generally focus on changes to service fees, and include a similar escalator clause. Amendments to both the CNCR and Co-op Regulations will come into force on January 15, 2020.


Read the June 2019 Charity & NFP Law Update

CRA News

Jun 2019 Charity & NFP Law Update

Electronic Filing System for Charities (CHAMP) Now Active

The Canada Revenue Agency (“CRA”) has been offering new digital services since June 1, 2019 to charities in order to lighten the administrative burden that many charities face with respect to their filings. These services are the product of the Charities IT Modernization Project (also known as “CHAMP”), made possible in 2014 as a result of the 2014 Federal Budget discussed in Charity Law Bulletin No 330, which allocated $23 million to the Charities Directorate for the purpose of modernizing its IT system over the next five years. The rollout of CHAMP is now complete and online services are available through ‘My Business Account’ (“MyBA”) to assist with handling a charity’s tax matters.

MyBA allows organizations to apply for charitable status by submitting the T2050 form and allows charities to complete and file their annual T3010 Registered Charity Information Return, as well as update their information, such as addresses, list of directors, representatives, and certain post-registration amendments. Further, MyBA allows charities to upload supporting documents, correspond with the Charities Directorate on certain matters, access payroll and GST accounts, file T4 slips and GST returns, and view their account balance, transactions, and remitting requirements.

Directors and trustees of registered charities who wish to use the online platform will need to use their CRA user ID and their business number to get access to these services. Multiple users may access the same account simultaneously, although only one user will be able to perform specific tasks on the platform at a time. The CRA webpage, ‘Registration process to access the CRA login services’ provides more information with respect to how to obtain access.

Authorized representatives, including accountants, employees and lawyers, may also file materials on behalf of charities. In order to register as a representative, the representative must first register him or herself as such using the ‘Represent a Client’ service, after which the representative will receive a “RepID.” Alternatively, a business representing a charity, such as an accounting or law firm, can also be registered as a representative through a group account (“GroupID”), through which that business can manage the access and roles of its employees. Any representatives associated with that GroupID will have online access to the client information, provided that authorization has been given by the charity. Charities then need to authorize the representative (using the representative’s RepID, GroupID, or business number), either online through MyBA or by mailing the RC 59 Business Consent for Offline Access form. Obtaining the charity’s authorization will require the representative to submit an online request, enter the authorization request information, print the certification for the director or trustee’s signature, and submit the document online. More information can be found on the CRA webpage, ‘Represent a Client Overview.’


Read the June 2019 Charity & NFP Law Update

June 2019 Charity & NFP Law Update

–   Special Senate Committee on Charitable Sector Releases Final Report
–   CRA News
–   Legislation Update
–   Corporate Update
–   OPC Reframes Consultation on Data Transfers
–   Trademark Amendments In Force: What To Do Now
–   Duty to Accommodate Ends When Employment Contract is Frustrated
–   Alberta Privacy Commissioner Finds Real Risk of Significant Harm from Accidental Email
–   Anti-Terrorism/Money Laundering Update
–   Theresa L.M. Man to Chair CBA 2019-2020 Charities and Not-forProfit Law Section


June 2019 Charity & NFP Law Update