The Ontario government has announced that as part of their red tape reduction initiative, they will remove the requirement for charities to notify the Ontario Public Guardian and Trustee (OPGT) when they are established.
This is probably a good thing. It will save charities time and money. I did not think that notifying the PGT was that helpful. The PGT does not maintain a public database and the PGT can probably easily access the CRA website if they want an up-to-date list of most of the charities in Ontario.
Here is the note from the Ontario government:
Removal of Public Guardian and Trustee Donation Reporting Requirements: Ontario is proposing an amendment to the Charities Accounting Act that would remove the obligation for charities (i.e., non-profit charitable corporations, unincorporated organizations, and trusts) to provide notice to the Ontario Public Guardian and Trustee when they are established.
The Charities Accounting Act currently provides:
Notice of donation to be given to Public Guardian and Trustee
1 (1) Where, under the terms of a will or other instrument in writing, real or personal property or any right or interest in it or proceeds from it are given to or vested in a person as executor or trustee for a religious, educational, charitable or public purpose, or are to be applied by the person for any such purpose, the person shall give written notice to,
(a) the person, if any, designated in the will or other instrument as the beneficiary or as the person to receive the gift from the executor or trustee; and
(b) the Public Guardian and Trustee, in the case of an instrument other than a will. 2000, c. 26, Sched. A, s. 2 (1).
Here is a more detailed explanatory note on the changes:
SCHEDULE 3
CHARITIES ACCOUNTING ACTClause 1 (1) (b) of the Charities Accounting Act requires that a person give written notice to the Public Guardian and Trustee if real or personal property or any right or interest in it or proceeds from it is given to or vested in that person as executor or trustee for a religious, educational, charitable or public purpose, or are to be applied by that person for any such purpose, under the terms of an instrument in writing. Subsection 1 (1) is re-enacted to remove that requirement.
Under subsection 1 (2), the instrument of incorporation of a corporation incorporated for a religious, educational, charitable or public purpose is deemed to be an instrument in writing within the meaning of the Act. Subsection 1 (6) is re-enacted to exempt such a corporation from having to provide a copy of its instrument of incorporation when giving notice under subsection 1 (1).
…
SCHEDULE 3
CHARITIES ACCOUNTING ACT1 (1) Subsection 1 (1) of the Charities Accounting Act is repealed and the following substituted:
Notice of property given or vested
(1) If, under the terms of a will or other instrument in writing, real or personal property or any right or interest in it or proceeds from it are given to or vested in a person as executor or trustee for a religious, educational, charitable or public purpose, or are to be applied by the person for any such purpose, the person shall give written notice to the person designated in the will or other instrument as the beneficiary or as the person to receive the gift from the executor or trustee.
(2) Subsection 1 (6) of the Act is repealed and the following substituted:
Copy of instrument
(6) Except in the case of a corporation incorporated for a religious, educational, charitable or public purpose, the notice shall be accompanied by a copy of the will or other instrument.
2 The French version of the Act is amended by striking out “biens meubles ou immeubles” wherever it appears and substituting in each case “biens réels ou personnels”.
Commencement
3 This Schedule comes into force on the day the Less Red Tape, More Common Sense Act, 2023 receives Royal Assent.
Some other initiatives include:
Ministry of Public and Business Service Delivery (MPBSD)
Reducing Burden for Share Capital Social Clubs: Ontario is proposing amendments to the Corporations Act that would make it easier for social clubs to continue their operations under the Business Corporations Act, the Not-for-Profit Corporations Act, 2010, or the Co-operative Corporations Act prior to the deadline of October 19, 2026. This will ultimately reduce their risk of dissolution so they can continue to operate and serve their members and communities.
Ministry of Citizenship and Multiculturalism (MCM)
Streamlining Alterations to Religious Buildings: Ontario is proposing legislative and regulatory amendments to the Ontario Heritage Act that would ensure that any proposed alterations to religious buildings designated by municipalities as heritage properties, where those buildings continue to be used for religious practice, will be able to obtain approval to renovate or repair their places of worship quickly and with less red tape.
Ministry of Colleges and Universities (MCU)
Extending College and University Boards Chair Terms: Ontario is proposing amendments to the Ontario Colleges of Applied Arts and Technology Act, 2002, and some individual university acts that would allow college and university board of governors to extend the term of the board chair for a period of two years beyond the relevant legislated limit, making it easier for institutions to retain the expertise and experience of their board chairs and maintain continuity of leadership.