Income Tax Act

Marginal note:Definitions

• 149.1 (1) In this section and section 149.2,

  Canadian amateur athletic association

  association canadienne de sport amateur

  Canadian amateur athletic association means an association that

  • (a) was created under any law in force in Canada,

  • (b) is resident in Canada,

  • (c) has no part of its income payable to, or otherwise available for the personal benefit of, any proprietor, member or shareholder of the association unless the proprietor, member or shareholder was a club, society or association the primary purpose and primary function of which was the promotion of amateur athletics in Canada,

  • (d) has the promotion of amateur athletics in Canada on a nationwide basis as its exclusive purpose and exclusive function, and

  • (e) devotes all its resources to that purpose and function; (association canadienne de sport amateur)

  capital gains pool

  capital gains pool[Repealed, 2010, c. 25, s. 37]

  charitable foundation

  fondation de bienfaisance

  charitable foundation means a corporation or trust that is constituted and operated exclusively for charitable purposes, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settlor thereof, and that is not a charitable organization; (fondation de bienfaisance)

  charitable organization

  oeuvre de bienfaisance

  charitable organization, at any particular time, means an organization, whether or not incorporated,

  • (a) all the resources of which are devoted to charitable activities carried on by the organization itself,

  • (b) no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settlor thereof,

  • (c) more than 50% of the directors, trustees, officers or like officials of which deal at arm’s length with each other and with

    • (i) each of the other directors, trustees, officers and like officials of the organization,

    • (ii) each person described by subparagraph (d)(i) or (ii), and

    • (iii) each member of a group of persons (other than Her Majesty in right of Canada or of a province, a municipality, another registered charity that is not a private foundation, and any club, society or association described in paragraph 149(1)(l)) who do not deal with each other at arm’s length, if the group would, if it were a person, be a person described by subparagraph (d)(i), and

  • (d) that is not, at the particular time, and would not at the particular time be, if the organization were a corporation, controlled directly or indirectly in any manner whatever

    • (i) by a person (other than Her Majesty in right of Canada or of a province, a municipality, another registered charity that is not a private foundation, and any club, society or association described in paragraph 149(1)(l)),

      • (A) who immediately after the particular time, has contributed to the organization amounts that are, in total, greater than 50% of the capital of the organization immediately after the particular time, and

      • (B) who immediately after the person’s last contribution at or before the particular time, had contributed to the organization amounts that were, in total, greater than 50% of the capital of the organization immediately after the making of that last contribution, or

    • (ii) by a person, or by a group of persons that do not deal at arm’s length with each other, if the person or any member of the group does not deal at arm’s length with a person described in subparagraph (i); (oeuvre de bienfaisance)

  charitable purposes

  fins de bienfaisance

  charitable purposes includes the disbursement of funds to a qualified donee, other than a gift the making of which is a political activity; (fins de bienfaisance)

  charity

  organisme de bienfaisance

  charity means a charitable organization or charitable foundation; (organisme de bienfaisance)

  designated gift

  don déterminé

  designated gift means that portion of a gift of property made in a taxation year by a particular registered charity, to another registered charity with which it does not deal at arm’s length, that is designated by the particular registered charity in its information return for the taxation year; (don déterminé)

  disbursement quota

  contingent des versements

  disbursement quota, for a taxation year of a registered charity, means the amount determined by the formula

  A × B × 0.035/365

  where

  A

  is the number of days in the taxation year, and

  B

  is

  • (a) the prescribed amount for the year, in respect of all or a portion of a property owned by the charity at any time in the 24 months immediately preceding the taxation year that was not used directly in charitable activities or administration, if that amount is greater than

    • (i) if the registered charity is a charitable organization, $100,000, and

    • (ii) in any other case, $25,000, and

  • (b) in any other case, nil; (contingent des versements)

  divestment obligation percentage

  pourcentage de dessaisissement

  divestment obligation percentage of a private foundation for a particular taxation year, in respect of a class of shares of the capital stock of a corporation, is the percentage, if any, that is the lesser of

  • (a) the excess, if any, at the end of the taxation year, of the percentage of issued and outstanding shares of that class that are held by the private foundation over the exempt shares percentage of the private foundation, and

  • (b) the percentage determined by the formula

    A + B – C

    where

    A

    is the percentage determined under this paragraph in respect of the private foundation in respect of the class for the preceding taxation year,

    B

    is the total of all percentages, each of which is the portion of a net increase in the excess corporate holdings percentage of the private foundation in respect of the class for the particular taxation year or for a preceding taxation year that is allocated to the particular taxation year in accordance with subsection 149.2(5), and

    C

    is the total of all percentages, each of which is the portion of a net decrease in the excess corporate holdings percentage of the private foundation in respect of the class for the particular taxation year or for a preceding taxation year that is allocated to the particular taxation year in accordance with subsection 149.2(7);

  enduring property

  enduring property[Repealed, 2010, c. 25, s. 37]

  entrusted shares percentage

  entrusted shares percentage[Repealed, 2009, c. 2, s. 55]

  equity percentage

  pourcentage d’intérêt

  equity percentage of a person in a corporation has, subject to subsection 149.2(2.1), the same meaning as defined in subsection 95(4); (pourcentage d’intérêt)

  excess corporate holdings percentage

  pourcentage de participation excédentaire

  excess corporate holdings percentage of a private foundation, in respect of a class of shares of the capital stock of a corporation, at any time means

  • (a) if the private foundation is not, at that time, a registered charity, 0%,

  • (b) if the private foundation holds, at that time, an insignificant interest in respect of the class, 0%, and

  • (c) in any other case, the number of percentage points, if any, by which the total corporate holdings percentage of the private foundation in respect of the class, at that time, exceeds the greater of 20% and the exempt shares percentage, at that time, of the private foundation in respect of the class; (pourcentage de participation excédentaire)

  exempt shares

  actions exonérées

  exempt shares held by a private foundation at any particular time means shares, of a class of the capital stock of a corporation,

  • (a) that were acquired by the private foundation by way of a gift that was subject to a trust or direction that the shares are to be held by the private foundation for a period ending not earlier than the particular time, if the gift was made

    • (i) before March 19, 2007,

    • (ii) on or after March 19, 2007 and before March 19, 2012

      • (A) under the terms of a will that was executed by a taxpayer before March 19, 2007 and not amended, by codicil or otherwise, on or after March 19, 2007, and

      • (B) in circumstances where no other will of the taxpayer was executed or amended on or after March 19, 2007, or

    • (iii) on or after March 19, 2007, under the terms of a testamentary or inter vivos trust created before March 19, 2007, and not amended on or after March 19, 2007,

  • (b) that were last acquired by the private foundation before March 19, 2007, other than shares that, at the particular time,

    • (i) are described in paragraph (a),

    • (ii) are listed on a designated stock exchange, or

    • (iii) are shares of the capital stock of a particular corporation, which particular corporation has an equity percentage greater than 0% in a public corporation, a class of the shares of the capital stock of which is listed on a designated stock exchange, if

      • (A) a corporation (in this subparagraph referred to as a “controlled corporation” and which may, for greater certainty, be the particular corporation)

        • (I) owns one or more shares of a class of the capital stock of the public corporation, and

        • (II) is controlled, directly or indirectly in any manner whatever, by one or more relevant persons in respect of the private foundation, or by the private foundation alone or together with one or more such relevant persons,

      • (B) the private foundation, if it held directly the shares described in subclause (A)(I), would have an excess corporate holdings percentage (determined without reference to subsection 149.2(8)) in respect of that class of shares that is greater than 0%, and

      • (C) the private foundation, alone or together with all controlled corporations, holds more than an insignificant interest in respect of the class of shares described in subclause (A)(I), or

  • (c) that are substituted shares held by the private foundation; (actions exonérées)

  exempt shares percentage

  pourcentage d’actions exonérées

  exempt shares percentage of a private foundation at any time, in respect of a class of shares of the capital stock of a corporation, is the total of all amounts, each of which is the percentage of the issued and outstanding shares of that class that are exempt shares held by the private foundation at that time; (pourcentage d’actions exonérées)

  ineligible individual

  particulier non admissible

  ineligible individual, at any time, means an individual who has been

  • (a) convicted of a relevant criminal offence unless it is a conviction for which

    • (i) a pardon has been granted and the pardon has not been revoked or ceased to have effect, or

    • (ii) a record suspension has been ordered under the Criminal Records Act and the record suspension has not been revoked or ceased to have effect,

  • (b) convicted of a relevant offence in the five-year period preceding that time,

  • (c) a director, trustee, officer or like official of a registered charity or a registered Canadian amateur athletic association during a period in which the charity or association engaged in conduct that can reasonably be considered to have constituted a serious breach of the requirements for registration under this Act and for which the registration of the charity or association was revoked in the five-year period preceding that time,

  • (d) an individual who controlled or managed, directly or indirectly, in any manner whatever, a registered charity or a registered Canadian amateur athletic association during a period in which the charity or association engaged in conduct that can reasonably be considered to have constituted a serious breach of the requirements for registration under this Act and for which its registration was revoked in the five-year period preceding that time, or

  • (e) a promoter in respect of a tax shelter that involved a registered charity or a registered Canadian amateur athletic association, the registration of which was revoked in the five-year period preceding that time for reasons that included or were related to participation in the tax shelter; (particulier non admissible)

  material transaction

  opération importante

  material transaction of a private foundation, in respect of a class of shares of the capital stock of a corporation, means a transaction or a series of transactions or events in shares of the class, in respect of which the total fair market value of the shares of the class that are acquired or disposed of by the private foundation or any relevant person in respect of the private foundation as part of the transaction or series (determined at the time of the transaction, or at the end of the series, as the case may be) exceeds the lesser of

  • (a) $100,000, and

  • (b) 0.5% of the total fair market value of all of the issued and outstanding shares of the class; (opération importante)

  non-qualified investment

  placement non admissible

  non-qualified investment of a private foundation means

  • (a) a debt (other than a pledge or undertaking to make a gift) owing to the foundation by

    • (i) a person (other than an excluded corporation)

      • (A) who is a member, shareholder, trustee, settlor, officer, official or director of the foundation,

      • (B) who has, or is a member of a group of persons who do not deal with each other at arm’s length who have, contributed more than 50% of the capital of the foundation, or

      • (C) who does not deal at arm’s length with any person described in clause (A) or (B), or

    • (ii) a corporation (other than an excluded corporation) controlled by the foundation, by any person or group of persons referred to in subparagraph (i), by the foundation and any other private foundation with which it does not deal at arm’s length or by any combination thereof,

  • (b) a share of a class of the capital stock of a corporation (other than an excluded corporation) referred to in paragraph (a) held by the foundation (other than a share listed on a designated stock exchange or a share that would be a qualifying share within the meaning assigned by subsection 192(6) if that subsection were read without reference to the expression “issued after May 22, 1985 and before 1987”), and

  • (c) a right held by the foundation to acquire a share referred to in paragraph (b),

  and, for the purpose of this definition, an excluded corporation is

  • (d) a limited-dividend housing company to which paragraph 149(1)(n) applies,

  • (e) a corporation all of the property of which is used by a registered charity in its administration or in carrying on its charitable activities, or

  • (f) a corporation all of the issued shares of which are held by the foundation; (placement non admissible)

  original corporate holdings percentage

  pourcentage de participation initiale

  original corporate holdings percentage of a private foundation, in respect of a class of shares of the capital stock of a corporation, means the total corporate holdings percentage of the private foundation, in respect of that class, held on March 18, 2007; (pourcentage de participation initiale)

  political activity

  activité politique

  political activity includes the making of a gift to a qualified donee if it can reasonably be considered that a purpose of the gift is to support the political activities of the qualified donee; (activité politique)

  private foundation

  fondation privée

  private foundation means a charitable foundation that is not a public foundation; (fondation privée)

  promoter

  promoteur

  promoter has the meaning assigned by section 237.1; (promoteur)

  public foundation

  fondation publique

  public foundation, at a particular time, means a charitable foundation

  • (a) more than 50% of the directors, trustees, officers or like officials of which deal at arm’s length with each other and with

    • (i) each of the other directors, trustees, officers and like officials of the foundation,

    • (ii) each person described by subparagraph (b)(i) or (ii), and

    • (iii) each member of a group of persons (other than Her Majesty in right of Canada or of a province, a municipality, another registered charity that is not a private foundation, and any club, society or association described in paragraph 149(1)(l)) who do not deal with each other at arm’s length, if the group would, if it were a person, be a person described by subparagraph (b)(i), and

  • (b) that is not, at the particular time, and would not at the particular time be, if the foundation were a corporation, controlled directly or indirectly in any manner whatever

    • (i) by a person (other than Her Majesty in right of Canada or of a province, a municipality, another registered charity that is not a private foundation, and any club, society or association described in paragraph 149(1)(l)),

      • (A) who immediately after the particular time, has contributed to the foundation amounts that are, in total, greater than 50% of the capital of the foundation immediately after the particular time, and

      • (B) who immediately after the person’s last contribution at or before the particular time, had contributed to the foundation amounts that were, in total, greater than 50% of the capital of the foundation immediately after the making of that last contribution, or

    • (ii) by a person, or by a group of persons that do not deal at arm’s length with each other, if the person or any member of the group does not deal at arm’s length with a person described in subparagraph (i); (fondation publique)

  qualified donee

  donataire reconnu

  qualified donee, at any time, means a person that is

  • (a) registered by the Minister and that is

    • (i) a housing corporation resident in Canada and exempt from tax under this Part because of paragraph 149(1)(i) that has applied for registration,

    • (ii) a municipality in Canada,

    • (iii) a municipal or public body performing a function of government in Canada that has applied for registration,

    • (iv) a university outside Canada that is prescribed to be a university the student body of which ordinarily includes students from Canada, or

    • (v) a foreign organization that has applied to the Minister for registration under subsection (26),

  • (b) a registered charity,

  • (c) a registered Canadian amateur athletic association, or

  • (d) Her Majesty in right of Canada or a province, the United Nations or an agency of the United Nations; (donataire reconnu)

  related business

  activité commerciale complémentaire

  related business, in relation to a charity or Canadian amateur athletic association, includes a business that is unrelated to the purposes of the charity or association if substantially all persons employed by the charity or association in the carrying on of that business are not remunerated for that employment; (activité commerciale complémentaire)

  relevant criminal offence

  infraction criminelle pertinente

  relevant criminal offence means a criminal offence under the laws of Canada, and an offence that would be a criminal offence if it were committed in Canada, that

  • (a) relates to financial dishonesty, including tax evasion, theft and fraud, or

  • (b) in respect of a charity or Canadian amateur athletic association, is relevant to the operation of the charity or association; (infraction criminelle pertinente)

  relevant offence

  infraction pertinente

  relevant offence means an offence, other than a relevant criminal offence, under the laws of Canada or a province, and an offence that would be such an offence if it took place in Canada, that

  • (a) relates to financial dishonesty, including an offence under charitable fundraising legislation, consumer protection legislation and securities legislation, or

  • (b) in respect of a charity or Canadian amateur athletic association, is relevant to the operation of the charity or association; (infraction pertinente)

  relevant person

  personne intéressée

  relevant person in respect of a private foundation means a person who, at any time in respect of which the expression is relevant, deals not at arm’s length with the private foundation (determined as if subsection 251(2) were applied as if the private foundation were a corporation), but does not include

  • (a) a person who at that time is considered to deal not at arm’s length with the private foundation solely because of a right referred to in paragraph 251(5)(b), or

  • (b) an individual

    • (i) who at that time has attained the age of 18 years and lives separate and apart from any other individual (referred to in this definition as a “controlling individual”) who would, if the private foundation were a corporation, control, or be a member of a related group that controls, the private foundation, and

    • (ii) in respect of whom the Minister is satisfied, upon review of an application by the private foundation, that the individual would, if subsection 251(1) were read without reference to its paragraphs (a) and (b), at that time, deal at arm’s length with all controlling individuals; (personne intéressée)

  specified gift

  specified gift[Repealed, 2010, c. 25, s. 37]

  substituted shares

  actions de remplacement

  substituted shares held by a private foundation means shares acquired by the private foundation, in exchange for exempt shares held by the private foundation, in the course of a transaction to which section 51, subsection 85.1(1) or section 86 or 87 applies; (actions de remplacement)

  taxation year

  année d’imposition

  taxation year means, in the case of a registered charity or registered Canadian amateur athletic association, a fiscal period; (année d’imposition)

  total corporate holdings percentage

  pourcentage de participation totale

  total corporate holdings percentage of a private foundation, in respect of a class of shares of the capital stock of a corporation, at any particular time means the percentage of the issued and outstanding shares of that class that are held at that time by the private foundation, or by a relevant person in respect of the private foundation who holds a material interest in respect of that class; (pourcentage de participation totale)

• Marginal note:Deeming rule — Safe Streets and Communities Act

  (1.01) In this section, a reference to a record suspension is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act.

• Marginal note:Exclusions

  (1.1) For the purposes of paragraphs 149.1(2)(b), 149.1(3)(b), 149.1(4)(b) and 149.1(21)(a), the following shall be deemed to be neither an amount expended in a taxation year on charitable activities nor a gift made to a qualified donee:

  • (a) a designated gift;

  • (b) an expenditure on political activities made by a charitable organization or a charitable foundation; and

  • (c) a transfer that has, because of paragraph (c) of the description of B in subsection 188(1.1), paragraph 189(6.2)(b) or subsection 189(6.3), reduced the amount of a liability under Part V.

• Marginal note:Authority of Minister

  (1.2) For the purposes of the determination of B in the definition disbursement quota in subsection 149.1(1), the Minister may

  • (a) authorize a change in the number of periods chosen by a registered charity in determining the prescribed amount; and

  • (b) accept any method for the determination of the fair market value of property or a portion thereof that may be required in determining the prescribed amount.

• Marginal note:Revocation of registration of charitable organization

  (2) The Minister may, in the manner described in section 168, revoke the registration of a charitable organization for any reason described in subsection 168(1) or where the organization

  • (a) carries on a business that is not a related business of that charity;

  • (b) fails to expend in any taxation year, on charitable activities carried on by it and by way of gifts made by it to qualified donees, amounts the total of which is at least equal to the organization’s disbursement quota for that year; or

  • (c) makes a disbursement by way of a gift, other than a gift made

    • (i) in the course of charitable activities carried on by it, or

    • (ii) to a donee that is a qualified donee at the time of the gift.

• Marginal note:Revocation of registration of public foundation

  (3) The Minister may, in the manner described in section 168, revoke the registration of a public foundation for any reason described in subsection 168(1) or where the foundation

  • (a) carries on a business that is not a related business of that charity;

  • (b) fails to expend in any taxation year, on charitable activities carried on by it and by way of gifts made by it to qualified donees, amounts the total of which is at least equal to the foundation’s disbursement quota for that year;

  • (b.1) makes a disbursement by way of a gift, other than a gift made

    • (i) in the course of charitable activities carried on by it, or

    • (ii) to a donee that is a qualified donee at the time of the gift;

  • (c) since June 1, 1950, acquired control of any corporation;

  • (d) since June 1, 1950, incurred debts, other than debts for current operating expenses, debts incurred in connection with the purchase and sale of investments and debts incurred in the course of administering charitable activities; or

  • (e) at any time within the 24 month period preceding the day on which notice is given to the foundation by the Minister pursuant to subsection 168(1) and at a time when the foundation was a private foundation, took any action or failed to expend amounts such that the Minister was entitled, pursuant to subsection 149.1(4), to revoke its registration as a private foundation.

• Marginal note:Revocation of registration of private foundation

  (4) The Minister may, in the manner described in section 168, revoke the registration of a private foundation for any reason described in subsection 168(1) or where the foundation

  • (a) carries on any business;

  • (b) fails to expend in any taxation year, on charitable activities carried on by it and by way of gifts made by it to qualified donees, amounts the total of which is at least equal to the foundation’s disbursement quota for that year;

  • (b.1) makes a disbursement by way of a gift, other than a gift made

    • (i) in the course of charitable activities carried on by it, or

    • (ii) to a donee that is a qualified donee at the time of the gift;

  • (c) has, in respect of a class of shares of the capital stock of a corporation, a divestment obligation percentage at the end of any taxation year;

  • (d) since June 1, 1950, incurred debts, other than debts for current operating expenses, debts incurred in connection with the purchase and sale of investments and debts incurred in the course of administering charitable activities.

• Marginal note:Revocation of registration of registered charity

  (4.1) The Minister may, in the manner described in section 168, revoke the registration

  • (a) of a registered charity, if it has entered into a transaction (including a gift to another registered charity) and it may reasonably be considered that a purpose of the transaction was to avoid or unduly delay the expenditure of amounts on charitable activities;

  • (b) of a registered charity, if it may reasonably be considered that a purpose of entering into a transaction (including the acceptance of a gift) with another registered charity to which paragraph (a) applies was to assist the other registered charity in avoiding or unduly delaying the expenditure of amounts on charitable activities;

  • (c) of a registered charity, if a false statement, within the meaning assigned by subsection 163.2(1), was made in circumstances amounting to culpable conduct, within the meaning assigned by that subsection, in the furnishing of information for the purpose of obtaining registration of the charity;

  • (d) of a registered charity, if it has in a taxation year received a gift of property (other than a designated gift) from another registered charity with which it does not deal at arm’s length and it has expended, before the end of the next taxation year, in addition to its disbursement quota for each of those taxation years, an amount that is less than the fair market value of the property, on charitable activities carried on by it or by way of gifts made to qualified donees with which it deals at arm’s length; and

  • (e) of a registered charity, if an ineligible individual is a director, trustee, officer or like official of the charity, or controls or manages the charity, directly or indirectly, in any manner whatever.

• Marginal note:Revocation of registration of Canadian amateur athletic association

  (4.2) The Minister may, in the manner described in section 168, revoke the registration of a registered Canadian amateur athletic association

  • (a) for any reason described in subsection 168(1);

  • (b) if the association carries on a business that is not a related business of that association; or

  • (c) if an ineligible individual is a director, trustee, officer or like official of the association, or controls or manages the association, directly or indirectly, in any manner whatever.

• Marginal note:Revocation of a qualified donee

  (4.3) The Minister may, in the manner described in section 168, revoke the registration of a qualified donee referred to in paragraph (a) of the definition qualified donee in subsection (1) for any reason described in subsection 168(1).

• Marginal note:Reduction

  (5) The Minister may, on application made to the Minister in prescribed form by a registered charity, specify an amount in respect of the charity for a taxation year and, for the purpose of paragraph 149.1(2)(b), 149.1(3)(b) or 149.1(4)(b), as the case may be, that amount shall be deemed to be an amount expended by the charity in the year on charitable activities carried on by it.

• Marginal note:Devoting resources to charitable activity

  (6) A charitable organization shall be considered to be devoting its resources to charitable activities carried on by it to the extent that

  • (a) it carries on a related business;

  • (b) it disburses income to qualified donees, other than income disbursed by way of a gift the making of which is a political activity, if the total amount of the charitable organization’s income that is disbursed to qualified donees in a taxation year does not exceed 50% of its income for the year; or

  • (c) it disburses income to a registered charity that the Minister has designated in writing as a charity associated with it, other than income disbursed by way of a gift the making of which is a political activity.

• Marginal note:Devoting resources to purpose and function

  (6.01) A Canadian amateur athletic association is considered to devote its resources to its exclusive purpose and exclusive function to the extent that it carries on

  • (a) a related business; or

  • (b) activities involving the participation of professional athletes, if those activities are ancillary and incidental to its exclusive purpose and exclusive function.

• Marginal note:Charitable purposes

  (6.1) For the purposes of the definition charitable foundation in subsection 149.1(1), where a corporation or trust devotes substantially all of its resources to charitable purposes and

  • (a) it devotes part of its resources to political activities,

  • (b) those political activities are ancillary and incidental to its charitable purposes, and

  • (c) those political activities do not include the direct or indirect support of, or opposition to, any political party or candidate for public office,

  the corporation or trust shall be considered to be constituted and operated for charitable purposes to the extent of that part of its resources so devoted.

• Marginal note:Charitable activities

  (6.2) For the purposes of the definition charitable organization in subsection 149.1(1), where an organization devotes substantially all of its resources to charitable activities carried on by it and

  • (a) it devotes part of its resources to political activities,

  • (b) those political activities are ancillary and incidental to its charitable activities, and

  • (c) those political activities do not include the direct or indirect support of, or opposition to, any political party or candidate for public office,

  the organization shall be considered to be devoting that part of its resources to charitable activities carried on by it.

• Marginal note:Political activities of Canadian amateur athletic association

  (6.201) For the purpose of the definition Canadian amateur athletic association in subsection (1), an association that devotes part of its resources to political activities is considered to devote those resources to its exclusive purpose and exclusive function if

  • (a) it devotes substantially all its resources to its purpose and function; and

  • (b) those political activities

    • (i) are ancillary and incidental to its purpose and function, and

    • (ii) do not include the direct or indirect support of, or opposition to, any political party or candidate for public office.

• Marginal note:Marriage for civil purposes

  (6.21) For greater certainty, subject to subsections (6.1) and (6.2), a registered charity with stated purposes that include the advancement of religion shall not have its registration revoked or be subject to any other penalty under Part V solely because it or any of its members, officials, supporters or adherents exercises, in relation to marriage between persons of the same sex, the freedom of conscience and religion guaranteed under the Canadian Charter of Rights and Freedoms.

• Marginal note:Designation as public foundation, etc.

  (6.3) The Minister may, by notice sent by registered mail to a registered charity, on the Minister’s own initiative or on application made to the Minister in prescribed form, designate the charity to be a charitable organization, private foundation or public foundation and the charity shall be deemed to be registered as a charitable organization, private foundation or public foundation, as the case may be, for taxation years commencing after the day of mailing of the notice unless and until it is otherwise designated under this subsection or its registration is revoked under subsection 149.1(2), 149.1(3), 149.1(4), 149.1(4.1) or 168(2).

• Marginal note:National arts service organizations

  (6.4) Where an organization that

  • (a) has, on written application to the Minister of Communications describing all of its objects and activities, been designated by that Minister on approval of those objects and activities to be a national arts service organization,

  • (b) has, as its exclusive purpose and its exclusive function, the promotion of arts in Canada on a nation-wide basis,

  • (c) is resident in Canada and was formed or created in Canada, and

  • (d) complies with prescribed conditions

  applies in prescribed form to the Minister of National Revenue for registration, that Minister may register the organization for the purposes of this Act and, where the organization so applies or is so registered, this section, paragraph 38(a.1), sections 110.1, 118.1, 168, 172, 180 and 230, subsection 241(3.2) and Part V apply, with such modifications as the circumstances require, to the organization as if it were an applicant for registration as a charitable organization or as if it were a registered charity that is designated as a charitable organization, as the case may be.

• Marginal note:Revocation of designation

  (6.5) The Minister of Communications may, at any time, revoke the designation of an organization made for the purpose of subsection 149.1(6.4) where

  • (a) an incorrect statement was made in the furnishing of information for the purpose of obtaining the designation, or

  • (b) the organization has amended its objects after its last designation was made,

  and, where the designation is so revoked, the organization shall be deemed for the purpose of section 168 to have ceased to comply with the requirements of this Act for its registration under this Act.

• Marginal note:Designation of associated charities

  (7) On application made to the Minister in prescribed form, the Minister may, in writing, designate a registered charity as a charity associated with one or more specified registered charities where the Minister is satisfied that the charitable aim or activity of each of the registered charities is substantially the same, and on and after a date specified in such a designation, the charities to which it relates shall, until such time, if any, as the Minister revokes the designation, be deemed to be associated.

• Marginal note:Accumulation of property

  (8) A registered charity may, with the approval in writing of the Minister, accumulate property for a particular purpose, on terms and conditions and over any period of time that the Minister specifies in the approval. Any property accumulated after receipt of and in accordance with the approval, including any income earned in respect of the accumulated property, is not to be included in calculating the prescribed amount in paragraph (a) of the description of B in the definition disbursement quota in subsection (1) for the portion of any taxation year in the period, except to the extent that the registered charity is not in compliance with the terms and conditions of the approval.

• (9) [Repealed, 2010, c. 25, s. 37]

• Marginal note:Deemed charitable activity

  (10) An amount paid by a charitable organization to a qualified donee that is not paid out of the income of the charitable organization is deemed to be a devotion of a resource of the charitable organization to a charitable activity carried on by it, unless the amount paid is a gift the making of which is a political activity.

• Marginal note:Rules

  (12) For the purposes of this section,

  • (a) a corporation is controlled by a charitable foundation if more than 50% of the corporation’s issued share capital, having full voting rights under all circumstances, belongs to

    • (i) the foundation, or

    • (ii) the foundation and persons with whom the foundation does not deal at arm’s length,

    but, for the purpose of paragraph (3)(c), a charitable foundation is deemed not to have acquired control of a corporation if it has not purchased or otherwise acquired for consideration more than 5% of the issued shares of any class of the capital stock of that corporation;

  • (b) there shall be included in computing the income of a charity for a taxation year all gifts received by it in the year including gifts from any other charity but not including

    • (i) a designated gift,

    • (ii) any gift or portion of a gift in respect of which it is established that the donor is not a charity and

      • (A) has not been allowed a deduction under paragraph 110.1(1)(a) in computing the donor’s taxable income or under subsection 118.1(3) in computing the donor’s tax payable under this Part, or

      • (B) was not taxable under section 2 for the taxation year in which the gift was made, or

    • (iii) any gift or portion of a gift in respect of which it is established that the donor is a charity and that the gift was not made out of the income of the donor; and

  • (c) subsections 104(6) and 104(12) are not applicable in computing the income of a charitable foundation that is a trust.

• Marginal note:Designation of private foundation as public

  (13) On application made to the Minister by a private foundation, the Minister may, on such terms and conditions as the Minister considers appropriate, designate the foundation to be a public foundation, and on and after the date specified in such a designation, the foundation to which it relates shall, until such time, if any, as the Minister revokes the designation, be deemed to be a public foundation.

• Marginal note:Information returns

  (14) Every registered charity and registered Canadian amateur athletic association shall, within six months from the end of each taxation year of the charity or association and without notice or demand, file with the Minister both an information return and a public information return for the year in prescribed form and containing prescribed information.

• Marginal note:Information may be communicated

  (15) Notwithstanding section 241,

  • (a) the information contained in a public information return referred to in subsection 149.1(14) shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister deems appropriate;

  • (b) the Minister may make available to the public in any manner that the Minister considers appropriate, in respect of each registered, or previously registered, charity, Canadian amateur athletic association and qualified donee referred to in paragraph (a) of the definition qualified donee in subsection (1),

    • (i) its name, address and date of registration,

    • (ii) in the case of a registered, or previously registered, charity or Canadian amateur athletic association, its registration number, and

    • (iii) the effective date of any revocation, annulment or termination of registration;

  • (c) if, at any time during a taxation year of a private foundation that is a registered charity, the private foundation holds more than an insignificant interest in respect of a class of shares of the capital stock of a corporation, the Minister shall make available to the public in such manner as the Minister deems appropriate,

    • (i) the name of the corporation, and

    • (ii) in respect of each class of shares of the corporation, that portion of the total corporate holdings percentage of the private foundation in respect of the class that is attributable to

      • (A) holdings of shares of that class by the private foundation, and

      • (B) the total of all holdings of shares of that class by relevant persons in respect of the private foundation; and

  • (d) the Minister, or a Minister referred to in paragraph 110.1(8)(e), may make available to the public in any manner a listing of the registered charities in respect of which an opinion has been formed for the purpose of paragraph 110.1(8)(e) or revoked under subsection 110.1(9).

• Marginal note:Rule regarding disbursement excess

  (20) Where a registered charity has expended a disbursement excess for a taxation year, the charity may, for the purpose of determining whether it complies with the requirements of paragraph 149.1(2)(b), 149.1(3)(b) or 149.1(4)(b), as the case may be, for the immediately preceding taxation year of the charity and 5 or less of its immediately subsequent taxation years, include in the computation of the amounts expended on charitable activities carried on by it and by way of gifts made by it to qualified donees, such portion of that disbursement excess as was not so included under this subsection for any preceding taxation year.

• Definition of disbursement excess

  (21) For the purpose of subsection (20), disbursement excess, for a taxation year of a charity, means the amount, if any, by which the total of amounts expended in the year by the charity on charitable activities carried on by it and by way of gifts made by it to qualified donees exceeds its disbursement quota for the year.

• Marginal note:Refusal to register

  (22) The Minister may, by registered mail, give notice to a person that the application of the person for registration as a registered charity, registered Canadian amateur athletic association or qualified donee referred to in subparagraph (a)(i) or (iii) of the definition qualified donee in subsection (1) is refused.

• Marginal note:Annulment of registration

  (23) The Minister may, by registered mail, give notice to a person that the registration of the person as a registered charity is annulled and deemed not to have been so registered, if the person was so registered by the Minister in error or the person has, solely as a result of a change in law, ceased to be a charity.

• Marginal note:Receipts issued before annulment

  (24) An official receipt referred to in Part XXXV of the Income Tax Regulations issued, by a person whose registration has been annulled under subsection (23), before that annulment is, if the receipt would have been valid were the person a registered charity at the time the receipt was issued, deemed to be a valid receipt under that Part.

• Marginal note:Refusal to register — ineligible individual

  (25) The Minister may refuse to register a charity or Canadian amateur athletic association that has applied for registration as a registered charity or registered Canadian amateur athletic association if

  • (a) the application for registration is made on its behalf by an ineligible individual; or

  • (b) an ineligible individual is a director, trustee, officer or like official of the charity or association, or controls or manages the charity or association, directly or indirectly, in any manner whatever.

• Marginal note:Foreign charitable organizations

  (26) For the purposes of subparagraph (a)(v) of the definition qualified donee in subsection (1), the Minister may register, in consultation with the Minister of Finance, a foreign organization for a 24-month period that includes the time at which Her Majesty in right of Canada has made a gift to the foreign organization, if

  • (a) the foreign organization is a charitable organization that is not resident in Canada; and

  • (b) the Minister is satisfied that the foreign organization is

    • (i) carrying on relief activities in response to a disaster,

    • (ii) providing urgent humanitarian aid, or

    • (iii) carrying on activities in the national interest of Canada.