In Canada, a registered charity is an organization that has received official approval from the Canada Revenue Agency (CRA) to operate for charitable purposes. These organizations benefit from tax-exempt status and can issue donation receipts to donors, making them a crucial part of Canada’s nonprofit sector.
If you're thinking about starting a charity or donating to one, it's important to understand what qualifies as a registered charity and the responsibilities that come with it.
To become a registered charity in Canada, an organization must meet strict requirements set by the CRA. These requirements ensure that the charity operates for the public good and does not engage in profit-driven activities.
A registered charity must:
Have exclusively charitable purposes – The organization must focus on purposes that fit within the CRA’s definition of charity, such as:
Be set up as a legal entity – This could be a nonprofit corporation, a trust, or an unincorporated association. Many organizations choose to incorporate provincially or federally before applying for charitable status.
Operate for the public benefit – The charity’s work must serve a broad section of the public, not just a small group of individuals.
Follow CRA compliance rules – Registered charities must submit financial records and reports to show they are using donations properly.
Being a registered charity comes with significant advantages, including:
Tax-exempt status – Registered charities do not pay income tax on the money they raise.
Ability to issue donation receipts – This allows donors to claim tax credits, making fundraising easier.
Access to funding opportunities – Many government grants and corporate donations are only available to registered charities.
Increased public trust – Registration with the CRA shows transparency and credibility, which encourages more donations and partnerships.
Once an organization becomes a registered charity, it must follow strict rules to maintain its status. Failure to comply with these rules can lead to penalties or even revocation of charity status.
Annual Reporting – Every registered charity must file a T3010 Registered Charity Information Return with the CRA. This report details financial activities, programs, and how donations are used.
Proper Use of Funds – Charities must ensure that all donations and revenue go toward their charitable activities and are not used for private gain.
Charitable Activities Only – A charity cannot engage in business activities that do not directly support its charitable mission. If a charity wants to run a business, it must ensure that it meets the CRA’s guidelines for related businesses.
Political Activities Restrictions – While charities can engage in some advocacy work, they cannot support or oppose political candidates or parties.
Keeping Proper Records – Financial statements, donor records, and board meeting minutes must be properly maintained and available for CRA audits.
If you want to register a charity in Canada, you need to submit an application to the CRA’s Charities Directorate. The process involves:
Incorporating or Setting Up the Organization – While not mandatory, incorporating the charity can make governance easier and improve credibility.
Defining the Charitable Purpose and Activities – The organization must clearly outline how it meets the CRA’s definition of charity.
Completing the Application to Register a Charity – This is the main document required by the CRA. It must include:
Submitting the Application to the CRA – The CRA will review the application to ensure the organization meets the legal requirements. The review process can take several months.
Receiving Charity Status and a Registered Charity Number – If approved, the charity will receive a unique registration number and will be listed in the CRA’s database of registered charities.
If a charity fails to follow CRA regulations, it may lose its registered status. Common reasons for revocation include:
Not filing the annual T3010 return – Missing annual filings can lead to automatic revocation.
Using funds improperly – Spending donations on non-charitable activities can result in penalties.
Engaging in prohibited political activities – Supporting political candidates or campaigns is not allowed.
If a charity is revoked, it loses tax-exempt status and can no longer issue donation receipts. It may also have to pay a revocation tax equal to its remaining assets.
Registering as a charity in Canada is a valuable step for organizations that want to make a difference while benefiting from tax advantages and donor support. However, registered charities must carefully follow CRA guidelines to maintain compliance.
If you’re considering applying for charity status, it’s essential to understand the legal requirements and responsibilities involved. Seeking legal advice from an experienced charity lawyer can help ensure a smooth application process and long-term success.