Hey Ray,
Won't any non-profit incorporated before the new act be grandfathered?
The link is the same for non-profits at this time.
I believe the only hang up is, as you pointed out, to get the objects right so they do not delay any application for charity status.
And I can see the appeal of the museum direction . . .
*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.); and - providing and maintaining museums and public art galleries.
(http://www.corporationcentre.ca/docen/home/faq.asp?id=incnp#q10)
How about under research?
There is the research and advancement of the wiki concept, but also in individual projects. What School Partners would like to promote is a wiki mainly directed at schools that would allow students (and the public) to write their own comprehensive encyclopedia of all things Canadian, including family and ethnic histories.
Ray, is there any indication the requirements for charity status may also change?
2010/1/24 Ray Saintonge saintonge@telus.net
Amgine wrote:
Given that, use the boilerplate as modified by WMF legal counsel (who, btw, are quite willing to offer legal guidance or referral.)
The important feature is that the by-laws conform with Canadian law. The boilerplate is based on US law.
Ray
You're quibbling to no purpose, which I suppose is why this is yet not completed.
http://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs01366.html <- the boilerplate to which I was referring.
Amgine
The linked page is inapplicable. It only relates to incorporations under the Canada Business Corporations Act, /i.e./ Corporations for profit.
Not-for-profit corporations are still governed by the Canada Corporations Act which will cease to apply when the new Canada Not-for-profit Corporations Act is proclaimed into law. That is expected at some time during this year.
Ray
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