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This information relates to incorporation only in Ontario. If your organization carries on business in more than one province, federal incorporation is necessary, see Industry Canada. These steps will allow your organization to submit for charitable status, a separate application.
Step 1: Select Board of Directors -
Minimum three directors are required. They must be solvent (proof not required in the application). The application requires the full name (including middle names, etc.) and address of directors.
Step 2: Select the name of the organization -
An official name search or NUAN for an Ontario-based name only is required (use a Searcher of Records; research Yellow Pages). Approximate cost is $40. The NUAN is valid for only ninety days from date of purchase. The name of your prospective not-for-profit organization must be distinctive and short. If you previously registered this name as a sole proprietorship or partnership, you will require a letter of consent, signed by you as sole proprietor, to use the name for your new incorporation.
Step 3: Application process -
There are two procedures you may undertake to apply for Letters Patent (the name of the final document that proves not-for-profit status). You may choose either procedure, but not both.
Procedure 1: Approval process: approximately three to four months. Apply directly to the Companies Branch of the Ministry of Consumer and Commercial Relations using the pre-approved objects and special provisions (forms and wording are available on the ministry's website). The application submission should include:
- Cover Letter to indicate whom to contact.
- Two copies of original Letters Patent application with original signatures of all directors in blue ink on both copies.
- Filing Fee.
- Original copy of NUAN.
- Letter of consent to use the name of the sole proprietorship for the not-for-profit organization if necessary.
Or, if the pre-approved objects and special provisions are not suitable for your organization, select the following:
Procedure 2: Approval process: approximately four to six months. Apply to the Ministry of the Attorney General, Office of the Public Guardian and Trustee (The Public Guardian) using objects and special provisions drafted specially for your organization. The application submission should include:
- Cover Letter to indicate whom to contact.
- 2 copies of original Letters Patent application with original signatures of all directors in blue ink on both copies.
- Filing Fee.
- Original copy of NUAN.
- Letter of consent to use the name of the sole proprietorship for the not-for-profit organization if necessary.
Next, wait for approval from The Public Guardian. Then submit to the Companies Branch of the Ministry of Consumer and Commercial Relations. The application submission should include:
- Cover Letter to indicate whom to contact.
- Approved Letters Patent (copy only) from The Public Guardian (2 copies).
- Filing Fee.
- Copy of NUAN.
- Copy of the letter of consent to use the name of the sole proprietorship for the not-for-profit organization if necessary.
TIPS!
- Make a copy for your records.
- You do not need a lawyer.
Article originally contributed by Myles Warren. Update July 2004
LINKS:
Companies Branch, Ministry of Consumer and Commercial Relations (Provincial)
http://www.cbs.gov.on.ca/mcbs/english/5HTTDJ.htm
Corporations Canada (Federal)
http://www.corporationscanada.ic.gc.ca/epic/internet/incd-dgc.nsf/en/h_cs02145e.html
Ministry of the Attorney General,
Office of the Public Guardian and Trustee, Charitable Property
See - Not for Profit Incorporator's Handbook
www.attorneygeneral.jus.gov.on.ca/english/family/pgt/nfpinc
Revenue Canada - Frequently Requested Business Forms
www.ccra-adrc.gc.ca/tax/nonprofit/menu-e.html
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