Marginal note:Effect of determination

• 8. (1) A certificate that is determined to be reasonable under subsection 7(1) is conclusive proof that, in the case of an applicant, it is ineligible to become a registered charity or, in the case of a registered charity, that it does not comply with the requirements to continue to be a registered charity.

• Marginal note:No appeal or review

  (2) The determination of the judge is final and is not subject to appeal or judicial review.

• Marginal note:Publication

  (3) The Minister shall, without delay after a certificate is determined to be reasonable, cause the certificate to be published in the Canada Gazette.

9. [Repealed, 2001, c. 41, s. 125]

Marginal note:Ministerial review

• 10. (1) An applicant or former registered charity in relation to which a certificate was determined to be reasonable under subsection 7(1) and that believes that there has been a material change in circumstances since the determination made under that subsection may apply in writing to the Minister for a review of the certificate by the Minister and the Minister of National Revenue.

• Marginal note:Notice to Minister of National Revenue

  (2) The Minister shall, without delay, notify the Minister of National Revenue of an application for review.

• Marginal note:Material to be considered

  (3) For the purpose of a review, the Ministers may consider any submission made by the applicant or former registered charity that applied for the review and any information that is made available to the Ministers.

• Marginal note:Time for decision

  (4) The Ministers shall make their decision on an application for review within 120 days after receipt of the application by the Minister.

• Marginal note:Decision on review

  (5) The Ministers may decide that, since the time the certificate was determined to be reasonable,

  • (a) there has not been a material change in circumstances, in which case the Ministers shall deny the application; or

  • (b) there has been a material change in circumstances, in which case the Ministers shall determine whether there are reasonable grounds as provided in subsection 4(1) and, accordingly,

    • (i) continue the certificate in effect, or

    • (ii) cancel the certificate as of the date of the decision.

• Marginal note:Automatic cancellation

  (6) If no decision is made within a period of 120 days after receipt of the application, the certificate is cancelled on the expiration of that period.

• Marginal note:Notice to applicant or charity

  (7) As soon as a decision is made or the certificate is cancelled under subsection (6), the Minister or a person authorized by the Minister shall cause the applicant or former registered charity that applied for the review to be served, personally or by registered letter sent to its last known address, with notice of the decision or cancellation.