On 21 June 2010 06:47, P Lahiry <plahiry@gmail.com> wrote:

Yea both can be independently pursued. But I'm not sure how they proposed you take wikimedia canada to become charitable without a corporation. Did they clarify on that?

On Mon, Jun 21, 2010 at 8:42 AM, James Heilman <jmh649@gmail.com> wrote:

I spoke with the CRA about setting up a non profit. The person I spoke to recommended that we apply for charitable status before we incorporate and that incorporation is not needed to apply for charitable status. Thus if out Statement of Purpose is not sufficient we can change it before we incorporate.

James Heilman

On 21 June 2010 06:33, P Lahiry <plahiry@gmail.com> wrote:

The Incorporation form is located at
http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?openform&ENV=WWE&NO=007-07109

The non-incorp handbook for ontario corps is located at
http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/nfpinc/
The appendices have suggested examples for charitable objects.

As we discussed, it's probably best to design the object of the corp around something charitable.

On Wed, Jun 16, 2010 at 1:45 PM, <plahiry@gmail.com> wrote:

I'm an ont. lawyer but other than advising on quebec law it doesn't make a difference.
My french is abysmal so I won't even dare to help there.
As for applications, I'm almost positive it's in the service ontario website. I'm on a bb right now but I'll double check when I get near a computer.

The PGT area of the ontario ministry of the attorney general has examples of sample objects but I'm not sure if has by-laws. I can gather some if need be for that purpose. There needs to be some discussion on that as well to be honest.

As for time for incorporation, I would say a month.

-----Original Message-----
From: James Heilman <jmh649@gmail.com>
Date: Wed, 16 Jun 2010 11:25:13
To: P Lahiry<plahiry@gmail.com>
Subject: Re: [Wikimedia-Canada] Finishing the creation of Wikimedia Canada

Okay. That sounds good. I do agree that being able to wave the
auditor requirement is a huge plus. We will go in that direction. I
have a friend who is a corporate lawyer out of Edmonton who is going
to join us. I am not sure if he is familiar with Ontario law /
regulations? Are you?

I have another friend who will do the translation to French for us. I
think we should at least try to be bilingual. My French is enough to
get by but not sufficient to do legal work. Unless of course you are
fluent? Can you send me a link for the site through which we apply?
Also is there an example set of by laws for a non profit in Ontario
that we can base our guidelines off of? How long does think take in
Ontario BTW.

James

On 16 June 2010 11:11, P Lahiry <plahiry@gmail.com> wrote:
> Incorporation doesn't have to necessarily equate to being a
> nationwide/provincial organization.A non-profit corp I'm helping with (Song
> for Africa) is based out of Manitoba but has most of its events nationwide.
> No one should see a difference publicly.
>
> The old legislation is pretty bad. It was designed for an older time when
> doing something like that was more of a handoff for assets controlled or
> funded by the government to a self-reliant entity. Museums, libraries etc
> etc. So it is a lot more cumbersome.
>
> I should point out that the new federal legislation mimics the ontario
> legislation very closely. The big thing I can think of that both the new and
> ontario one give is that you don't have to submit audited financials if the
> revenue of the corp is under a limit (offhand I think it's $100,000 but I
> can't remember). The old one does.
>
> Unless there's an auditor willing to provide some free service for the
> financials it's pretty hard for any corp to start up with that kind of
> requirement.
>
> That's not to dissuade you from incorporating under the old legislation but
> it's a pretty big concern if the new legislation takes its sweet time to
> develop.
>
> Language-wise, all legislation (outside of Quebec) is fine with using either
> language. Constitutional requirement.
>
> On Wed, Jun 16, 2010 at 12:54 PM, James Heilman <jmh649@gmail.com> wrote:
>>
>> Yes that may work.
>>
>> Are there any significant differences between the old and new
>> legislations such that there would be a big advantage to being under
>> the new legislation? What differece does it make if we are under old
>> legislation? For media purposes and for the issues of language ( ie
>> French vs English ) starting as a federal organization would be better
>> for the press and possibly unity. We already have Wikimedia Quebec
>> attempting to start.
>>
>> Wikimedia which is part of our name is already protect by Wikimedia
>> Inc in the States and can only be used with permission thus concerns
>> of naming I agree is not a big deal.
>>
>> James Heilman
>>
>> On 16 June 2010 10:43, P Lahiry <plahiry@gmail.com> wrote:
>> > You might want to consider the provincial act for non-profits. It should
>> > be
>> > a lot faster (more so since it won't be starting off as a charity from
>> > the
>> > getgo). It gives the same rights and privileges as the new canadian one.
>> > The
>> > only two issues are -
>> > 1) Has to be hq'd in Ontario (but that can be easily bypassed using a
>> > proxy)
>> > 2) Name will be protected in Ontario only. Again not a very big deal
>> > since
>> > there are other ways of protecting the name.
>> >
>> > Once the new federal legislation is properly setup, the corp can decide
>> > whether it wants to continue into it.
>> >
>> > On Wed, Jun 16, 2010 at 12:29 PM, James Heilman <jmh649@gmail.com>
>> > wrote:
>> >>
>> >> Thanks
>> >>
>> >> Yes my opinion is that one does not wait for legislation. You never
>> >> know when and if it is going to pass or even if it is going to pass.
>> >> I will be using the list more as time goes own. I hear it takes 6 to
>> >> 18 months for the paperwork to go through for a non profit once
>> >> submitted. If one is based on the old laws they basically let you
>> >> grandfather in most of the time so I am not sure why it would matter?
>> >> Anyway will do some more work on it over the next couple of days.
>> >>
>> >> James Heilman
>> >>
>> >> On 16 June 2010 10:18, P Lahiry <plahiry@gmail.com> wrote:
>> >> > Ok, let me know if you need another hand. I'm a corporate lawyer and
>> >> > I
>> >> > gave
>> >> > up trying to help after all the talk about this need to incorporate
>> >> > under
>> >> > the new and upcoming canadian non-profit act. But if a group outside
>> >> > the
>> >> > list can get this going then great.
>> >> >
>> >> > On Wed, Jun 16, 2010 at 12:14 PM, James Heilman <jmh649@gmail.com>
>> >> > wrote:
>> >> >>
>> >> >> Yes about 7 people.
>> >> >>
>> >> >> That will be enough to get Wikimedia Canada up and running.
>> >> >>
>> >> >> James Heilman
>> >> >>
>> >> >> On 16 June 2010 06:15, P Lahiry <plahiry@gmail.com> wrote:
>> >> >> > Hi James,
>> >> >> >
>> >> >> > Did anyone reply back? The mailing list hasn't said much.
>> >> >> >
>> >> >> > On Fri, Jun 11, 2010 at 4:17 PM, James Heilman <jmh649@gmail.com>
>> >> >> > wrote:
>> >> >> >>
>> >> >> >> I am attempting to finish the process of creating Wikimedia
>> >> >> >> Canada.
>> >> >> >> I
>> >> >> >> have a freind who is a corporate lawyer who has expressed
>> >> >> >> interest
>> >> >> >> in
>> >> >> >> joining us. By the looks of it we need to recreate the steering
>> >> >> >> committee.
>> >> >> >> If people who are interested can add their name here
>> >> >> >>
>> >> >> >> http://meta.wikimedia.org/wiki/Wikimedia_Canada/Steering_Committee
>> >> >> >> and
>> >> >> >> send
>> >> >> >> me their email address to make sharing of documents easier.
>> >> >> >>
>> >> >> >> --
>> >> >> >> James Heilman
>> >> >> >> MD, CCFP-EM, B.Sc.
>> >> >> >>
>> >> >> >>
>> >> >> >>
>> >> >> >>_______________________________________________
>> >> >> >> Wikimedia-ca mailing list
>> >> >> >> Wikimedia-ca@lists.wikimedia.org
>> >> >> >> https://lists.wikimedia.org/mailman/listinfo/wikimedia-ca
>> >> >> >>
>> >> >> >
>> >> >> >
>> >> >>
>> >> >>
>> >> >>
>> >> >> --
>> >> >> James Heilman
>> >> >> MD, CCFP-EM, B.Sc.
>> >> >
>> >> >
>> >>
>> >>
>> >>
>> >> --
>> >> James Heilman
>> >> MD, CCFP-EM, B.Sc.
>> >
>> >
>>
>>
>>
>> --
>> James Heilman
>> MD, CCFP-EM, B.Sc.
>
>

--
James Heilman
MD, CCFP-EM, B.Sc.

--
James Heilman
MD, CCFP-EM, B.Sc.