To be registered as a charity, an organization must have a charitable purpose. It must also carry out charitable activities to fulfill this purpose. This must all be done for the public’s benefit.
The charitable purpose of an organization must be stated in its governing documents. Organizations must also limit their activities to those that further their charitable purpose. This must also be set out in the governing documents. For example, a non-profit would set the purpose and activities out in their articles.
When applying for charitable status, an organization needs to include their governing documents. Other documents that relate to their purpose and activities should also be included. These could be things like brochures, newspaper articles, a website address or minutes of meetings.
To be registered as a charity, an organization must have a purpose that is charitable. It cannot have other purposes or be only partly charitable. There are four types of charitable purposes…
Relief of poverty means helping people who lack the basic necessities. Examples of this include:
Advancement of education means doing things that provide people with knowledge or skills. Examples of this include:
Advancement of religion means to preach and follow a religious faith. For something to be considered religious, there must be worship of a deity or deities. Examples of this include:
Other purposes beneficial to the community is for purposes that do not fit elsewhere. These purposes have been recognized as charitable by the courts. Examples include:
There are some purposes that are not considered charitable. These include:
A charity's activities must be for the benefit of the public. This applies regardless of the charities purpose. The benefit must extend to the public as a whole or a significant section of it.
The organization must list the activities it will undertake to achieve its charitable purpose. This is a crucial part of the application to become a registered charity. Many application delays are because the activities as listed are too broad or vague. For example, if an organization is going to establish and run a school, it should detail things like:
At a minimum, these questions about your activities need to be answered...
Some organizations may plan to do charitable work that will take place outside of Canada. If so, information about these activities must be provided. The information required includes:
Any fundraising activities an organization intends to do must be listed on an application for charitable status, including:
Fundraising is any activity that involves asking for donations of cash or gifts in kind. It is also any sale of goods or services to raise money. Examples include:
Fundraising can include activities that support the fundraising. This could be things like creating fundraising strategies or hiring a fundraiser.
Fundraising in itself is not considered a charitable activity. As such, there are strict limits on the fundraising activities a charity can engage in. Fundraising cannot be used as a charitable purpose when registering as a charity.
A charity cannot run a business that is not related to its charitable purpose. For example, a charity whose purpose is to protect the environment could not open a coffee shop. This is the case even if the proceeds all go to their charitable purpose. Fundraising must also not:
The Charities Directorate uses certain indicators to determine if a fundraising activity is unacceptable, such as when:
See the CRA’s guidelines for more information.
Charities cannot run a business that is not related to their charitable purpose. Private foundations that are charities cannot carry on any kind of business. However, the law allows charities to carry on a related business. A related business is a revenue-generating activity that is either:
For more information, see the CRA publication What is a related business?
If an organization earns income from selling goods or services on an ongoing basis, they must:
The same rules apply if an organization uses an asset to generate revenue. For example, if a church rents out parking spaces in the church parking lot.
A charity is free to advocate for any change to a law, policy, or decision of government. However, this can only be done as long as doing so would further its charitable purpose. For example, a charity whose purpose is wildlife conservation cannot advocate for prison reform. A charity must keep records that prove it was carrying on these activities is to further its charitable purpose and provide a public benefit.
Charities cannot, however:
For more information, see the CRA publication Public Policy Dialogue and Development Activities.
A charity must state on its application if it has or plans to engage in business with someone related to the organization. This could be an official, founder, member, employee or anyone related to one of these people. Examples include the organization lending a director money or renting space from a company owned by a director. These types of transactions will be reviewed to ensure that they are a permitted charitable activity.
Charities must state if they own or expect to more than 2% of the shares in any company. They must also do this if they own or expect to own real estate. If a charity owns or plans to own real estate, details such as the location of the property must be included.
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