Where to Register Your Ontario Nonprofit: Federally or Provincially?

Trying to Figure Out Whether to Incorporate Your Ontario nonprofit federally or Provincially? This Post Outlines the Benefits of Incorporating a Nonprofit in Either Jurisdiction.

Should You Incorporate Under ONCA or CNCA?

Thinking of starting a nonprofit or registering a charity in Ontario? One of the most important decisions is whether to incorporate under Ontario’s Not-for-Profit Corporations Act (ONCA) or the Canada Not-for-profit Corporations Act (CNCA).

As a dedicated charity law firm, we help organizations navigate nonprofit registration, charity compliance, and incorporation laws. Below, we break down the key differences between ONCA and CNCA so you can choose the right path to start a nonprofit or register a charity with confidence.

ONCA vs CNCA: Key Differences

Feature	ONCA (Ontario)	CNCA (Federal)
Minimum Directors	3	1 (non-soliciting) or 3 (soliciting)
Can Directors Be Employees?	Yes, up to 1/3 for public benefit corporations (not for charities)	Yes, depending on structure (not for charities)
Non-voting Members	Cannot vote unless bylaws say otherwise	Can vote on key decisions even if bylaws say otherwise
Financial Reporting	Less strict	More detailed; requires CPA filing
Ex-officio Directors	Allowed	Not allowed
Incorporation Address	Must be in Ontario	Anywhere in Canada
Need CPA to File?	No	Yes
Annual Filing	Not required	Required for soliciting corporations
Can Delay AGM?	No	Yes, with permission
What Happens if You Close?	Assets go to a charity or public body	Assets go to a qualified donee
Public Disclosure	Basic: director names, address	Extensive: bylaws, financials, articles
Extra Rules Apply To	Public Benefit Corporations	Soliciting Corporations

Can You Incorporate Under Both?

No. A nonprofit must choose either ONCA (provincial) or CNCA (federal)—not both. However, you can switch from one to the other later if needed.

When Is ONCA Required?

Some organizations must incorporate under ONCA—for example, Ontario hospitals and nonprofits receiving funding from the Ontario government.

Already Incorporated?

The law you incorporated under (ONCA or CNCA) determines your legal obligations. You don’t need to switch unless there’s a specific reason.

Operating Outside Ontario?

You can incorporate in Ontario under ONCA and still operate or fundraise in other provinces. But you’ll need to follow each province’s local laws, which may include nonprofit registration.

Need Help to Start a Nonprofit or Register a Charity?

Our experienced charity lawyers make the nonprofit registration process simple, clear, and compliant. Whether you're starting a new nonprofit, incorporating federally or provincially, or applying for charitable status, our team can help.

We specialize exclusively in charity law, helping founders across Ontario and Canada start a nonprofit, register a charity, and stay compliant every step of the way.

Contact our charity law firm today to get trusted legal advice tailored to your organization’s goals.