Submit amended governing document

A charity's governing document gives an organization its legal existence. The document identifies the organization's name, states its purpose(s), and describes its structure and internal procedures.

When a registered charity amends its governing document, it must provide a copy to the Charities Directorate. Under the confidentiality provisions a copy of the registered charity's governing document, including its bylaws, can be provided to anyone who asks for it.

To submit your amended governing document

Through MyBA

1.    Log in to your My Business Account (MyBA) account.

2.    Scroll down to the menu for your charity’s RR account.

3.    Select “Update registered charity or RCAAA information”.

4.    Then, select “Amend governing document” from the dropdown menu.

5.    Provide a description of your request in the text box.

6.    Upload your amended governing document. You may upload either draft or certified governing document. 

On paper

Send your amended governing document by:

Mail:
Charities Directorate
Canada Revenue Agency
Ottawa ON  K1A 0L5

Fax:
833-339-0997 (toll-free number)
418-556-1813 

Send your documents to only one number and avoid duplication.

Mailed or faxed letters must include the signature of a director/trustee or other authorized representative of the charity. Make sure to include the name and the registration number of your charity. 

If the governing document includes an amendment to your charity’s purposes, you need to provide a detailed description of activities showing how and where your charity intends to carry out the new purposes and activities.

If you are amending bylaws and they do not contain purposes, go to Change bylaws.

Depending on how your charity is established, governing documents are certified either by the incorporating authority or by the signature of at least three directors.

Charities that are incorporated

Provide a copy of the amended incorporation documents (for example, supplementary letters patent, articles of amendment, or special resolution) bearing the seal, stamp, or signature of the incorporating authority.

For charities incorporated under the Ontario Not-for-Profit Corporations Act (ONCA)

To amend the purposes, which are also known as objects, listed in the incorporation documents, a registered charity must file Articles of Amendment. Please refer to the Not-for-Profit Incorporator's Handbook on the Publications Ontario website for details.

A registered charity incorporated under the ONCA should consider the implications of not opting out of the “after acquired” clause. For more information on the “after acquired” clause, please refer to the Not-for-Profit incorporator’s Handbook.

Charities established by a constitution

Provide an amended constitution with the signatures of three directors and the effective date of the change.

Charities established by a trust document

We recommend that a charity get legal advice before making any changes to a trust document to ensure that changes can be made and that they are legally valid.

References

 

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