Can non-profits engage in commercial activities without compromising their mission under ONCA?

Dov Goldberg

By Dov Goldberg

The Commercial Activities Conundrum

Non-profits often wonder whether they can dip their toes into commercial waters while maintaining altruistic goals. Here’s where ONCA steps in:

Commercial Activities Clarified:

ONCA explicitly states that not-for-profit corporations can engage in and profit from activities of a commercial nature. However, there’s a crucial caveat: these activities must advance or support the non-profit purpose of the corporation2. In other words, the profits earned should align with the organization’s mission.

To tread the commercial path, a not-for-profit’s articles (the foundational documents) must indicate that any commercial purpose serves the more significant non-profit cause. Transparency is critical here—members, stakeholders, and the public should understand how these activities contribute to the organization’s mission.

Why Is This Important?

Understanding ONCA’s stance on commercial activities matters for several reasons:

Financial Sustainability: Non-profits can diversify their revenue streams by engaging in commercial ventures. Whether it’s selling merchandise, offering services, or collaborating with businesses, these activities can bolster financial stability.

Mission Alignment: Commercial activities can complement a non-profit’s core purpose when done right. For instance, a wildlife conservation organization might run eco-friendly tours to fund conservation efforts.

Risk Mitigation: ONCA ensures that non-profits don’t veer off course. Organizations maintain their integrity and avoid mission drift by linking commercial gains to their mission.

Practical Steps for Non-Profits

Review Your Articles: If your organization’s articles haven’t explicitly addressed commercial activities, consider amending them. Seek legal advice to ensure compliance with ONCA.

Transparency: Communicate openly with members, donors, and stakeholders about your commercial endeavors. Show how these activities directly benefit your non-profit goals.

Balance and Purpose: Strive for a balance. Commercial ventures should enhance—not overshadow—your primary mission. Keep the bigger picture in mind.

ONCA empowers non-profits to explore commercial avenues responsibly. Organizations can thrive by aligning profits with purpose while staying true to their noble causes.

The material provided on this website is for information purposes only. It is not intended to be legal advice. You should not act or abstain from acting based upon such information without first consulting a Charity Lawyer. We do not warrant the accuracy or completeness of any information on this site. E-mail contact with anyone at B.I.G. Charity Law Group Professional Corporation is not intended to create, and receipt will not constitute, a solicitor-client relationship. Solicitor client relationship will only be created after we have reviewed your case or particulars, decided to accept your case and entered into a written retainer agreement or retainer letter with you.

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