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Questions and answers

Questions and answers about the continuance (transition) process into the Canada Not-for-profit Corporations Act (NFP Act)

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Who should apply for a certificate of continuance under the NFP Act?

All registered charities and registered Canadian amateur athletic associations (RCAAAs) currently incorporated under Part II of the Canada Corporations Act must apply for and have received a certificate of continuance from Corporations Canada in order to transition to the NFP Act.

What do the terms continuance and transition mean?

The terms continuance and transition mean the same thing. Both terms refer to the process federal corporations must go through to become corporations under the NFP Act.

How long do you have to complete transition to the NFP Act?

You have until July 31, 2017 to receive a certificate of continuance from Corporations Canada.

What happens if you did not receive a certificate of continuance by July 31, 2017?

If you did not receive a certificate of continuance by July 31, 2017, Corporations Canada will dissolve your corporate status.

Will your charitable registration be affected if your corporate status is dissolved?

Yes. Once your corporate status is dissolved, you are no longer a legal entity. If you are no longer a legal entity, your charitable registration could be revoked. For more information, go to Consequences of revocation.

Is there a fee to apply for a certificate of continuance?

No. There is no fee to apply.

What can you do if you do not transition in time and your corporate status is dissolved?

If your corporate status is dissolved and you want it revived, you must request a certificate of revival from Corporations Canada. The revival fee is $200.

Will you get a new business number (BN) under the NFP Act?

No. Your BN will not change.

What form do you use to apply for a certificate of continuance?

Complete Form 4031, Articles of Continuance (transition). Do not use Form 4011, Articles of Continuance.

Are there any other forms required?

Refer to the Transition Guide for Federal Not-for-profit Corporations for any additional requirements

What should you do if you want to amend your statement of purpose?

You may choose to use model purposes to make these changes. This is a list of purposes that are acceptable to the Canada Revenue Agency. If you choose not to use the model purposes, we recommend that you contact us before you send Form 4031 to Corporations Canada to make sure your new purposes are charitable at law. If you change your statement of purpose after you transition to the NFP Act, you will need to request a certificate of amendment from Corporations Canada. The fee for an amendment is $200.

Once the transition into the NFP Act is complete, what documents do you have to file with the Charities Directorate?

For a list of the documents the Charities Directorate requires, go to Advising the Charities Directorate of your transition to the Not-for-profit Corporations Act.

How can you find out more about the requirements under the NFP Act?

For more information, go to Transitioning to the new Not-for-profit Corporations Act or call 1-866-333-5556.

Date modified:
2017-03-29