If you're passionate about making a difference in Calgary and want to establish a charity to support your cause, it's important to understand the steps involved in registering a charity. This detailed guide will walk you through the process, offering experienced advice from a law firm who has registered scores of Alberta charities (as well as charities across Canada) to ensure your application meets Canadian standards and is well-prepared for approval.
A charity is an organization dedicated to carrying out activities that benefit the public in a legally defined manner. In Canada, charities must operate exclusively for charitable purposes, such as relieving poverty, advancing education, promoting religion, or benefiting the community in a way recognized by law.
Registering as a charity provides several benefits, including the ability to issue official donation receipts for income tax purposes and access to specific funding opportunities. However, registration also comes with responsibilities, such as filing annual returns and maintaining compliance with the Canada Revenue Agency (CRA) regulations.
1. Define Your Mission and Purpose
Start by clearly defining your charity’s mission and purpose. Be specific about the issue you want to address, how your activities will provide public benefit and the geographic scope of your operations. Ensure your purposes align with the CRA’s guidelines for charitable purposes.
Example: Instead of stating, “We aim to help the poor,” specify, “To relieve poverty by providing food and shelter to individuals experiencing homelessness in Calgary.”
2. Choose the Right Structure
Decide on the legal structure for your charity. In Calgary, you may choose to incorporate your organization federally under the Canada Not-for-Profit Corporations Act (CNCA) or provincially under Alberta’s Societies Act.
3. Draft Your Governing Documents
Your governing documents, such as the articles of incorporation and bylaws, must explicitly outline your charitable purposes and how the organization will operate. Include details on:
Pro Tip: Ensure your bylaws include a clause stating that your assets will be distributed to another charity upon dissolution, as required by the CRA.
4. Assemble a Board of Directors
Your charity needs a board of directors who are committed to its mission. While there are no specific residency requirements under the federal act, it’s advisable to have directors who are familiar with Calgary's local needs and legal requirements.
Key Considerations:
5. Register for a Business Number and Apply for Charity Status
Once incorporated, you’ll need to apply for a business number (BN) with the CRA. After obtaining your BN, you can submit Form T2050, the Application to Register a Charity Under the Income Tax Act.
Application Essentials:
Solution: Consult a charity lawyer or expert familiar with Canadian charity law and regulations. Professionals can help draft strong applications and address potential pitfalls.
After receiving charitable status, your work doesn’t stop. You must:
Registering a charity is a complex process, but with the right guidance, you can navigate it successfully. Consulting a charity lawyer or expert ensures your application meets all legal requirements and positions your organization for long-term success. Setting up a charity is a rewarding journey that allows you to make a tangible difference in Calgary. By following these steps and seeking expert advice, you can turn your vision into a registered charity that positively impacts your community.
The Charity Lawyers at B.I.G. Charity Law Group have successfully registered numerous charities in Calgary and across Alberta, ranging from charities in the mental health sector to those aiding in poverty relief. For a streamlined, experienced and client-first charity registration experience, please reach out to ask@charitylawgroup.ca, call us at 416-488-5888, or click on the link above to schedule a free consultation with our team to determine how we can best help you.