CHARITIES: Ineligible Individuals Can Get Your Organization De-Registered

12 Jan CHARITIES: Ineligible Individuals Can Get Your Organization De-Registered

CRA holds the authority to suspend receipting privileges and refuse or revoke the registration of a registered charitable organization when an “ineligible individual is a board member or controls or manages the organization”.

On March 17, 2016 CRA Guide CG-024, Ineligible Individuals, was updated. It provides 29 pages of description and implications of having ineligible individuals on boards and in management positions.

Generally, an individual is ineligible if he/she:

• has been convictedof an offence:
• related to financial dishonesty; or
• relevant to the operation of the organization; or
• was connectedto an organization whose registration was revoked for a serious breach of the requirements for registration. Relevant connections could include:
  • a director, trustee, officer, or like official;
  • an individual in a position of management or control; or
  • a promoter of a tax shelter, and participating in that tax shelter caused the revocation of an organization’s registration.

Individuals who manage a registered organization, directly or indirectly, include anyone who does one or more of the following:

• performs managerial (rather than only operational) duties;
• hires, disciplines and dismisses employees;
• prepares budgets within the organization; or
• varies staff assignments.

Individuals who have influence or the power to do one or more of the following would be considered to have control:

• change the board of directors or reverse its decisions;
• make alternative decisions concerning the actions of the organization;
• directly or indirectly end the organization; or
• appropriate the organization’s assets.

Action Item: Review your charity’s current leadership for possible ineligible individuals. Also consider adjusting recruitment and engagement processes to detect such individuals.

This publication is produced by Andrews & Co. as an information service to clients and friends of the firm, and is not intended to substitute for competent professional advice. No action should be initiated without consulting your professional advisors.