Additional information about decisions made by the director appointed under the NFP Act

How do I apply for a decision?

What documents do I need to submit?

You must provide:

  1. Cover letter: It should read "In the Matter Concerning the Director appointed Under the Canada Not-for-profit Corporations Act and The Application of {Name of Applicant}". The applicant should also identify the involved corporation and explain the applicant's relationship to the corporation (e.g., my name is Jane Smith and I am a director of Corporation X).
  2. Description and details of the decision sought: You must clearly set out which decision you are applying for. For clarity, a reference to the relevant section of the NFP Act is useful (e.g., this application is made under subsection 2(6) of the Canada Not-for-profit Corporations Act for a decision that the corporation is not a soliciting corporation).
  3. Statement of Facts: The information you provide here will vary depending on the type of application you are making. As a rule, include enough facts and all information that you think may be relevant, paying particular attention to the test the Director will apply and the factors the Director will consider when making a particular decision. Generally, you should set out a description of the corporation's activities, the affected stakeholders, the function and importance of the imposed requirements to these stakeholders, and, if relevant, the corporation's financial situation.
  4. Argument: You should provide convincing reasons that the test the Director will apply will be met if your request is accepted. Additional details are provided in the Director's Review section of the specific policies.
  5. The filing fee, if applicable.

When can I apply?

Decisions have different time frames during which you can apply for them. You will find additional details in the specific policies.

Related Information

Director's Decision

Service standard

The Director will provide a decision within 30 days of receipt of an application unless otherwise stated in a specific policy.

Director can seek additional information

The Director may seek additional information to make a decision, including requesting information from a third party. The applicant will be given a copy of any information obtained and a reasonable opportunity to respond. There is no legal obligation on the Director, however, to seek additional information at the request of a third party or to allow a third party to make representations regarding an application.

Conditions may be imposed

The Director may decide that it is in the public interest to attach conditions to a decision. For example, a corporation may be deemed non-soliciting but only on the condition that it continue to meet one or more of the five requirements imposed on a soliciting corporation.

Effective date of the decision

The effective date of a decision by the Director will be the date on which the decision was made, unless otherwise indicated, and remains in effect for the full term of the issuance subject to it being modified, revoked or terminated.

Duration of the decision

The duration varies with the type of decision. You will find additional details in the specific policies.

Revocation or modification of the decision

The Director can revoke or modify a decision where the circumstances under which the decision was made have changed. The Director will not revoke or modify a decision before providing notice to the applicant and the opportunity to respond.

A decision ceases to be in effect from the date of revocation.

Termination of the decision

An event may trigger the termination of a decision. A breach of the conditions of a decision terminates the decision as of the date of the breach.

Additionally, a substantial change in the situation or facts on which the decision is based will end the decision as of the date of the change. Since the decision ends when an event occurs, there is no prior notice.

Publication

Decisions made by the Director are published monthly under the heading "Corporations Canada Monthly Transactions" on Corporations Canada's website.

Appeal of Director's decision

A person who feels aggrieved by a decision of the Director to make, or to refuse to make, a decision referenced in subsection 258(i) of the NFP Act may apply to court for an order requiring the Director to change the decision. Access to Information and Offences

Access to Information and Offences

Access to information contained in an application

Any person who pays the required fee may examine and get copies of any document that the NFP Act requires to be sent to the Director. The information filed with the Director as part of an application for a decision is not confidential since the information is required to be filed. Consequently, an application for a decision is public information.

Offences

Subsection 262(2) of the NFP Act creates an offence with respect to documents required by the NFP Act or Regulations to be sent to the Director, or any other person, that contain a false or misleading statement about a material fact or omit to state a material fact.

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