A charity's bylaws provide information on the organization's structure and internal procedures such as the duties of its officers. Generally, incorporated charities have bylaws. Charities that are established by a constitution or a trust document may not always have separate bylaws.
When a registered charity amends its bylaws, it should 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 bylaws
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 “Change bylaws” from the dropdown menu.
5. Provide a description of your request in the text box.
6. Upload your amended bylaws. You may upload either draft or certified bylaws.
If your bylaws contain purposes, go to Submit amended governing document instead. If your bylaws do not contain purposes, you can use “Change bylaws”.
Mail or fax the amended bylaws to:
Canada Revenue Agency
Ottawa ON K1A 0L5
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.
Depending on how your charity is established, your bylaws must either be certified by the incorporating authority, or by the signature of two directors.
Charities that are incorporated
The process for amending an incorporated charity's bylaws varies depending on the jurisdiction, (federal, provincial, or territorial). Incorporated charities should contact their incorporating authority to determine the process that applies to them. For information on federal, provincial, and territorial statutes and regulations that apply to corporations, visit the CanLII website.
Charities established by a constitution
If the charity has separate bylaws, provide a copy of the amended bylaws showing the signatures of two directors and the effective date. If the bylaws are contained within the constitution, provide an amended constitution with the signatures of three directors and the effective date.
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.
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