Charities & Not‑for‑Profit
Lawyers in Ottawa
Russell Gibson has a National Practice serving associations, not-for-profits and charitable organizations across Canada. We help create and structure these organizations to ensure compliance with the Income Tax Act, provincial laws, and appropriate governance structures.
We can assist Charities and Not-for-Profits with legal advice, real estate and corporate transactions, as well as litigation.
We have lawyers who focus on Charities and Not-for-Profits. We serve Religious Organizations, Schools (Post-secondary institutions – colleges and universities) and public institutions, such as hospitals. Our clients look to the firm for corporate counsel, employment law advice and representation, real estate conveyancing and advice, as well as for regulatory compliance advice. We have served not for profits over the years, including Ronald McDonal House Charities, St. Paul University and Religious Communities in a number of Canadian Provinces, including in Alberta, Ontario, and Nova Scotia to update and amend their enabling legislation with Private Bills. We serve clients in English, French, Italian, German, Sinhala, Tamil and Arabic. Our practice portfolio includes:
- Annual General Meetings and annual corporate record updating
- By-law Revisions
- Corporate restructuring
- Conveyancing pursuant to enactments such as the Public Hospitals Act
- Charitable registration and compliance with the Income Tax Act
- Advice concerning provincial laws applicable to Charities
- Unifications and Amalgamations
- Legislative Updates to enactments for Not-for-Profits
- Litigation
- Real Estate for not-for-profits, including for cemeteries & special act
- governed public entities
- Unanimous Member Agreements
- Not for Profit Real Estate transaction
- Incorporation of charitable organizations, foundations and Real Estate Holding corporations.
- Financing for associations, Not For Profit charities and Institutions, including covenant- only financing
- Associations , Charities, Foundations, and Social Enterprises
- Regulatory compliance
- Governance advice for statutory corporations
- Amalgamations, Unifications and Dissolutions
To learn more about how we can help you, please get in touch with Russell Gibson
Our Ottawa Associations,
Not-for-Profits & Charities Lawyers
We have lawyers who focus on Associations, Charities and Not-for-Profits.
Frequently Asked Questions
At Gibson Tanner Rabin LLP, we understand that navigating legal matters can be complex and overwhelming. Our FAQs are designed to provide clear, concise answers to common questions, helping you gain a better understanding of our services and processes.
Are Ottawa not-for-profits and charities exempt from paying Income Tax in Canada?
Depending on the field of activity, a not-for-profit is not necessarily exempt from Income Tax under federal law. However, Not-for-profits which are recognized by the Canada Revenue Agency for charitable registration pursuant to s.149 of the Income Tax Act are exempt.
How are incorporated not-for-profits different from incorporated business corporations in Canada?
Typically, not-for-profits are incorporated pursuant to statutes which provide that the Corporation is constituted with members, rather than shareholders. Business Corporations are typically incorporated pursuant to legislation which provides for shareholders.
Are Canadian charities restricted to operating only within Canada?
Canadian Charities may, unless their articles or the constitution establishing them provide otherwise, operate outside of Canada. We recommend that Charities obtain legal advice prior to operating outside of Canada.
Do the rules pertaining to Individuals with Significant Control (ISC) apply to federal not-for-profit corporations under the Canada Not-for-Profit Corporations Act?
No, the ISC rules do not presently apply to NFPs such that a register of ISCs must be maintained at present.
