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What is the difference between incorporating a non-profit and getting charitable status?

Forming a non-profit corporation is not the same thing as having charitable status. A non-profit organization is not automatically or necessarily a charity. In fact, most non-profit organizations are incorporated but are not registered as charities.

Non-profit incorporation is a separate process from applying for charitable status. Non-profits can incorporate federally or provincially, and might choose either of these options depending on a variety of factors.

Registering as a charity is separate process from nonprofit incorporation and is administered federally by the Canada Revenue Agency (CRA)

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Why apply for charitable status? What are the benefits?

The main advantages of obtaining charitable status for your non-profit to be registered charities:

Tax exemption – charities do not have to pay any income taxes;

Issue tax deductible receipts – donors can deduct their donations to your charity from their income;

Funding eligibility – receive funding from private and public foundations;

GST benefits - receive some preferential treatment with the GST and QST.

These can be a major advantage when soliciting for donations to help support your organization’s activities.

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Are all non-profit organizations a charity?

No. Not all non-profits qualify for charitable status. In fact, most non-profit organizations are not registered as charities.

Notwithstanding that community organizations may have worthwhile purposes, these are not considered "charitable". For example, organizations like non-profit social clubs and advocacy groups fall in this category. These groups do not qualify for registration.

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charitable status

Is our organization eligible for charitable status? What counts as a charitable activity?

CRA (and the courts) have established very specific conditions to qualify as a charity under the law. For an organization to be registered, its purposes have to fall within one or more of the following categories:

the relief of poverty

the advancement of religion;

the advancement of education;

certain other purposes that benefit the community in a way the courts have said are charitable.

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What is the application process, and how long does it take?

The process routinely takes 9 months to 18 months and requires applicants to fulfill a number of requirements.

Most charity applications in Canada are rejected because they fail to meet the technical requirements of charity law which include the Income Tax Act (Canada) and its regulations, common law and CRA policy. Your organization needs to be 100% charitable to obtain and maintain its charitable process.

Charities must also follow governance, financial and disclosure compliance obligations and ensure that they devote their resources to their charitable purposes and activities. These requirements and obligations are to make members, donors, or funders feel that the organization is more financially and democratically accountable and transparent.

CorpCentre has over 20 years experience in completing charitable status applications with the CRA.

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FAQ

Questions fréquemment posées

Non Profit Corporation

One of the most important factors for any non-profit corporation when deciding to incorporate is the cost of incorporation. The jurisdiction of incorporation will automatically become criteria for decision because government fees are not the same.

Below are the current government incorporation fees for non-profit corporations in Canadian jurisdictions:

Compétence	Government Fee
Fédéral	$250
Alberta	$75
Colombie-Britannique	$100
Manitoba	$350
Terre-Neuve	$270
Nouveau-Brunswick	$262
Nouvelle-Écosse	$200
Ontario	$155
Québec	$389
Saskatchewan	$65
Territoire du Yukon	$50

Moreover, if you are incorporating a federal corporation, you must also register extra-provincially. Currently, the extra-provincial registration fees for a federal corporation which has its registered office in that province are (these are in addition to the federal incorporation fee of $250 indicated above):

Province	Frais d'inscription extra-provinciale
Alberta	$275
Colombie-Britannique	$351.50
Manitoba	$350
Terre-Neuve	$260
Nouveau-Brunswick	$212
Nouvelle-Écosse	$274.10
Territoires du Nord-Ouest	$100
Ontario	$0
Île-du-Prince-Édouard	$275
Québec	$40
Saskatchewan	$65
Territoire du Yukon	$50

Non Profit Corporation

This depends on the jurisdiction of incorporation. Below are the current government incorporation approximate delays for non-profit corporations in Canadian jurisdictions:

Compétence	Traitement standard	Expedited Processing (Additional fees apply)
Fédéral	30 jours	N/A
Alberta	10 jours	5 jours
Colombie-Britannique	40 days	20 days
Manitoba	30 jours	15 jours
Terre-Neuve	30 jours	N/A
Nouveau-Brunswick	30 jours	15 jours
Nouvelle-Écosse	30 jours	N/A
Ontario	60 days	15 jours
Québec	26 days	12 days
Saskatchewan	30 jours	15 jours

Non Profit Corporation

The courts have identified four general categories of charitable purposes. For an organization to be registered, its purposes have to fall within one or more of the following categories:

the relief of poverty;
the advancement of education;
the advancement of religion; or
certain other purposes that benefit the community in a way the courts have said are charitable.

The relief of poverty

Organizations established for the relief of poverty include food banks, soup kitchens, as well as enterprises that supply low-cost rental housing, clothing, furniture, and appliances to the poor.

The advancement of education

The courts recognize a purpose or activity as advancing education in the charitable sense if it involves formal training of the mind or formal instruction, or if it prepares a person for a career, or if it improves a useful branch of human knowledge. Only providing information is not accepted by the courts as educational; training or instruction also have to be offered. The advancement of education includes:

establishing and operating schools, colleges, universities, and other similar institutions;
establishing academic chairs and lectureships;
providing scholarships, bursaries, and prizes for scholastic achievement;
undertaking research in a recognized field of knowledge (The research must be carried out for educational purposes and the results must be made available to the public.);
advancing science and scientific institutions, including maintaining learned societies (Professional associations or other societies that primarily provide benefits to members are not considered charitable.);
providing and maintaining museums and public art galleries.

The courts have ruled that an activity which advances education should involve a full and fair presentation of the facts so people can draw their own conclusions. If an organization intends to influence the opinion or actions of the public toward one side of a controversial issue, it is not advancing education in the charitable sense. For this reason, an advocacy group would not qualify as a charity.

The advancement of religion

This category refers to promoting the spiritual teachings of a religious body, and maintaining the doctrines and spiritual observances on which those teachings are based. There has to be an element of theistic worship, which means the worship of a deity or deities in the spiritual sense. To foster a belief in proper morals or ethics alone is not enough to qualify as a charity under this category. A religious body is considered charitable when its activities serve religious purposes for the public good. The beliefs and practices cannot be what the courts consider subversive or immoral.

Other activities that advance religion include:

organizing and providing religious instruction, and performing pastoral and missionary work; and
establishing and maintaining buildings for worship and other religious use.

Purposes beneficial to the community

This category includes various purposes that do not fall within the other categories, but which the courts have decided are charitable. However, not all purposes that benefit the public are charitable. For example, a property-owners' association or community association might not qualify. Organizations that normally qualify as charitable include those with the following purposes:

providing immediate relief to victims of natural disasters or sudden catastrophes (e.g., floods, earthquakes, and tornadoes);
relieving suffering or disability caused by old age, which includes providing facilities for the care, maintenance, and rehabilitation of the elderly;
preventing and relieving sickness and disability, both physical and mental (e.g., services performed by hospitals, clinics, nursing and convalescent homes, the provision of home care services and the establishment of workshops or other centres for disabled people);
providing rental housing and related facilities for people with special needs (e.g., homes for disabled people);
preserving the environment;
protecting the welfare of children (e.g., societies for the prevention of child abuse);
providing counselling services for people in distress;
rehabilitating victims of substance abuse and preventing substance abuse;
providing certain public amenities to benefit the community;
establishing safety rescue operations or a volunteer fire department; and
establishing humane societies, animal shelters, and similar institutions to prevent cruelty to animals.

Get Charitable Status for your non-profit and issue tax-deductible receipts

What is the difference between incorporating a non-profit and getting charitable status?

Why apply for charitable status? What are the benefits?

Kickstart your Non-profit with charitable status?

Are all non-profit organizations a charity?

Start your Non-profit corporation today

Is our organization eligible for charitable status? What counts as a charitable activity?

What is the application process, and how long does it take?

Apply for charitable status today for your Non-profit

Questions fréquemment posées

What is a Non-Profit Corporation?

Why Incorporate a Non-Profit Corporation?

Where to Incorporate?

What are the Steps to Form a Non-Profit Corporation?

What Are the Fees to Incorporate a Non-Profit Corporation?

What Are the Delays when Incorporating a Non-Profit incorporation?

How Many People Are Needed to Incorporate a Non-Profit Corporation?

How Do I Select a Name?

How do I Apply to Obtain Charitable Status for my Non-Profit Corporation?

What Objects and Purposes are Acceptable for Charitable Status?

What are charitable purposes?

I am incorporated. Is there anything else I have to do?