Recent changes to Ontario's Not-for-Profit Corporations Act (ONCA) have altered the rules for proxy voting in non-profit and charitable organizations located in Ontario.

Previously, the right to use proxies was automatic for members, but now, it is only permitted if explicitly stated in an organization's articles or by-laws.

This discussion outlines what a proxy is, the potential benefits and drawbacks of allowing them, and highlights that virtual meetings offer an alternative.

Canadian nonprofits that continue to use proxies must adhere to specific requirements for proxy forms to ensure legal compliance.

If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or email at ask@charitylawgroup.ca, and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode explains challenges to founder control in standard non-profit structures where all members typically have voting rights.

It then presents two main solutions involving different membership classes to mitigate this challenge.

The first solution proposes a structure where only board members are voting members, ensuring they control board appointments. The second involves multiple classes of members.

These strategies enable founders to maintain influence over the non-profit's direction and board composition without worry of losing control of the nonprofit or charity.

If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or by email ask@charitylawgroup.ca, and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode explains how to start a non-profit society specifically in British Columbia, offering a step-by-step process for incorporation.

It highlights key stages such as building a core team, choosing a name, defining the society's purpose, and crafting bylaws.

The discussion also touches upon filing for incorporation, opening a bank account, and the separate process of obtaining charitable tax status.

Finally, it includes important considerations for long-term success and directs listeners to resources for further assistance and related topics in charity law.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode outlines the necessary steps for establishing a not-for-profit corporation in Toronto.

The process involves choosing a unique name, preparing Articles of Incorporation, appointing directors, defining bylaws, and submitting an incorporation application.

The guide also mentions the optional step of obtaining charitable status through the Canada Revenue Agency for additional tax advantages.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode explains the crucial early decision for nonprofits looking to incorporate in Ontario: whether to incorporate provincially (specifically in Ontario) or federally.

Provincial incorporation in Ontario offers benefits such as easier access to funding, potential tax advantages, limited liability protection, an independent legal identity, and perpetual existence.

Federal incorporation provides nationwide name protection, enhanced prestige, greater flexibility for national operations, and potentially advantageous governance structures.

Ultimately, the choice depends on a nonprofit's geographic scope, administrative capacity, future plans, and budget, though both options offer core benefits like limited liability and legal standing.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode addresses the crucial topic of executive compensation within Canadian charities (with some references to US charity law as well), emphasizing the need for fair and reasonable pay to attract and retain competent leadership while adhering to legal and ethical standards.

Canadian regulations, particularly by the CRA, define compensation broadly and strictly prohibit undue private benefit, requiring transparency through the T3010 form.

In the US, the IRS and organizations like Charity Navigator also stress reasonable compensation, suggesting reliance on comparability data and independent review processes, while acknowledging the complexities and competitive pressures of executive roles in often large, mission-driven organizations.

Ultimately, both jurisdictions underscore the importance of board oversight and accountability in ensuring responsible stewardship of charitable resources regarding executive pay.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode, Essential Principles for Charity and Nonprofit Bookkeeping, outlines crucial guidelines for managing a Canadian organization's finances.

It emphasizes meticulously documenting and summarizing all financial transactions using accrual and double-entry bookkeeping methods for accuracy and internal control.

The discussion stresses the importance of a comprehensive chart of accounts and the regular production of key financial statements like the statement of activities and the statement of position.

Furthermore, it covers aspects such as consistent system procedures, proper recognition of revenue and expenses, management of assets, adherence to regulations, and the implementation of internal controls to ensure sound financial management and accountability.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

This episode offers practical advice for individuals considering founding a Canadian nonprofit organization.

It emphasizes the importance of self-reflection regarding motivations and ensuring a genuine need exists for the proposed organization.

The discussion highlights key considerations such as developing a sound business plan, exploring various organizational structures, and understanding the differences between nonprofits and charities.

It also addresses the realities of the commitment involved, including administrative burdens and the need for self-care.

Furthermore, the episode outlines the incorporation process, essential documents, post-incorporation requirements like bylaws and board development, and ongoing legal and financial obligations.

Finally, it touches upon the challenges of "Founder's Syndrome" and provides a self-assessment checklist to help potential founders determine their readiness.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883