Best Nonprofit & Charitable Organizations Lawyers in Canada

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White Stag Law
100 Mile House, Canada

English
White Stag Law, located in 100 Mile House, British Columbia, offers a comprehensive range of legal services, including wills and estates, real estate conveyancing, business incorporations, commercial transactions, and financing and refinancing. The firm is committed to delivering legal assistance...
Buzaker Law Firm
Thornhill, Canada

Founded in 2014
English
Buzaker Law Firm stands out among Canadian legal service providers for its comprehensive expertise across diverse practice areas, including corporate law, estate planning, immigration, and notarial services. The firm offers tailored legal solutions to individuals, families, entrepreneurs, and...
Sanderson Entertainment Law
Toronto, Canada

Founded in 1983
English
Sanderson Entertainment Law, based in Toronto, Canada, has been exclusively serving clients in the arts and entertainment sectors for over 40 years. The firm offers a comprehensive range of legal services tailored to professionals in music, film, visual arts, and literature. Their expertise...

Founded in 2020
English
Forum Law LLP, located in Edmonton, Alberta, offers comprehensive legal services in business law, family law, and litigation. The firm's team of experienced lawyers provides representation in areas such as corporate and commercial litigation, construction disputes, shareholder disagreements, and...
Heritage Law Offices
Edmonton, Canada

Founded in 2000
English
Heritage Law Offices, located in South Edmonton, Alberta, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's practice areas include real estate transactions, family law, wills and estate planning, estate administration, corporate and...
Toronto, Canada

Founded in 2014
English
MC Law Firm | Abogados, established in 2014, is a pioneering boutique law firm based in Toronto, Canada, specializing in providing comprehensive legal services in both Mexican and Canadian law. As the first firm of its kind, it offers expert guidance in Spanish and English to individuals and...
Coal Harbour Law
Vancouver, Canada

Founded in 2017
30 people in their team
Our team of lawyers and paralegals intentionally formed Coal Harbour Law to create something greater than the sum of its parts.Individually, our team members have opened Michelin-starred restaurants, been recognized by their peers with Best Lawyers and Kings’ Counsel designations, opened for the...
Phillips Lytle LLP
Kitchener, Canada

Founded in 1834
343 people in their team
English
At Phillips Lytle, we know only one approach to client service. It’s practiced by every one of our attorneys in each of our eight offices. It’s why we’ve been doing what we do for more than 185 years. It’s ingrained in who we are. It’s The Phillips Lytle Way.We’re fully dedicated to our...
Scharfstein LLP
Saskatoon, Canada

Founded in 1960
English
Scharfstein LLP, based in Saskatoon, Saskatchewan, offers a comprehensive range of legal services, including corporate and commercial law, family law, civil litigation, real estate, and wills and estates. The firm's corporate and commercial law services encompass incorporation, shareholder...
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About Nonprofit & Charitable Organizations Law in Canada

Nonprofit and charitable organizations in Canada are governed by a combination of federal and provincial laws. These organizations play a pivotal role in addressing societal needs, promoting social welfare, and contributing to a diverse array of causes. The legal framework for nonprofits, including the Canada Not-for-Profit Corporations Act, outlines the regulations under which these organizations must operate, ensuring they meet transparency and public accountability standards. Charitable status is distinct and provides certain tax advantages but requires meeting specific criteria set out by the Canada Revenue Agency (CRA), such as focusing on purposes like poverty relief, education, religion, and community well-being.

Why You May Need a Lawyer

Individuals or groups might require legal assistance for several reasons when dealing with nonprofit and charitable organizations. Common scenarios include setting up or dissolving a nonprofit, applying for charitable status, navigating compliance issues, resolving disputes among directors or members, drafting or reviewing governance documents, dealing with employment matters, and ensuring adherence to fundraising regulations. Legal expertise can also be crucial for cross-border operation issues if an organization seeks to expand beyond Canadian borders.

Local Laws Overview

Key aspects of local laws affecting nonprofit and charitable organizations in Canada include incorporation and registration procedures, governance requirements, charity-specific regulations, and tax benefits. Provincially, different laws apply to nonprofit activities, such as the Ontario Not-for-Profit Corporations Act in Ontario. Organizations must comply with provincial regulations, which cover meetings, director duties, record-keeping, and annual reporting. Federally, charities must adhere to CRA guidelines to maintain tax-exempt status, including limitations on political activities, restrictions on business operations, and obligations to issue tax receipts correctly.

Frequently Asked Questions

1. What is the difference between a nonprofit and a charity in Canada?

A nonprofit is an organization that operates for social, educational, recreational, or public service purposes and isn't structured to make a profit. A charity is a type of nonprofit that engages in activities focused on the public good in specific areas such as poverty, education, or religion, and is registered with the CRA to offer tax-deductible receipts.

2. How can my organization apply for charitable status?

To apply for charitable status, organizations must submit a detailed application to the CRA demonstrating their activities and purposes align with CRA's definition of charitable purposes. This includes submitting a governing document and detailed financial information.

3. What are the common legal structures for nonprofits in Canada?

Common legal structures include unincorporated associations, incorporated nonprofits under provincial or federal legislation, and charitable organizations or foundations registered under the federal Income Tax Act. The choice may depend on the organization’s activities, size, and the degree of legal risk.

4. What are directors' responsibilities in a nonprofit organization?

Directors of nonprofit organizations must act in the organization's best interest, comply with governing documents, manage finances prudently, and meet statutory obligations. They have a fiduciary duty to the organization and must avoid conflicts of interest.

5. Do nonprofits need to pay taxes in Canada?

Nonprofits themselves are generally exempt from paying income tax but must adhere to specific regulatory requirements. However, income unrelated to the organization's exempt purpose may be subject to taxation.

6. Can a nonprofit organization engage in political activities?

Nonprofits can conduct limited nonpartisan political activities that further their charitable purposes but must avoid direct political lobbying or activities that constitute a substantial part of their operations.

7. Are there any specific rules regarding fundraising events?

Fundraising events must comply with both CRA guidelines and provincial laws. Key issues include accurate financial recording, appropriate issuance and handling of receipts for donations, and adherence to gambling laws if using lotteries or raffles.

8. How are nonprofit organizations regulated in Canada?

Nonprofit organizations are regulated by provincial corporate registries regarding their formation, dissolution, and governance, while the CRA oversees charitable registration and tax compliance.

9. What issues might arise with international operations?

Nonprofits engaging internationally may face issues related to foreign donation regulations, compliance with Canadian anti-terrorism laws, and cross-border governance. Legal advice can help navigate these complex regulations.

10. How can we protect our nonprofit's intellectual property?

To protect intellectual property, nonprofits should register trademarks, copyrights, or patents where applicable, implement policies to protect confidential materials, and ensure agreements properly assign ownership of intellectual property created by employees or contractors.

Additional Resources

For further assistance, several organizations and governmental bodies provide resources and guidance for nonprofits. The Canada Revenue Agency (CRA) offers detailed information on charitable status requirements and tax obligations. Provincial governments, like the Ontario Ministry of Government and Consumer Services, provide details on incorporation and compliance. Nonprofit associations, such as Imagine Canada, can offer support, advocacy, and capacity-building tools for organizations across the country.

Next Steps

If you need legal assistance, consider contacting a lawyer specializing in nonprofit and charity law. They can help you understand your legal obligations, assist with applications or compliance issues, and provide representation in legal disputes. Check for legal clinics or pro bono services that may be available locally. Research thoroughly to ensure the lawyer you choose has relevant experience and a strong understanding of both federal and provincial laws affecting nonprofits in your region.

Lawzana helps you find the best lawyers and law firms in Canada through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Nonprofit & Charitable Organizations, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Canada - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.