Charities Accounting Act

Bills that amended this Act0

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Sections36

• 1Notice of property given or vested

  1 (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. 2023, c. 20, Sched. 3, s. 1 (1). Charitable corporations, etc., brought within Act (2) Any corporation incorporated for a religious, educational, charitable or public purpose shall be deemed to be a trustee within the meaning of this Act, its instrument of incorporation shall be deemed to be an instrument in writing within the meaning of this Act, and any real or personal property acquired by it s…

• 1.1Repealed

  1.1 Repealed: 2009, c. 33, Sched. 2, s. 11 (1). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 3 - 29/06/2001 2002, c. 18, Sched. A, s. 2 - 29/06/2001 2009, c. 33, Sched. 2, s. 11 (1) - 15/12/2009

• 2.
• 2Executor or trustee to provide information

  2 An executor or trustee to whom section 1 applies shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee particulars in writing respecting, (a) the name and address of each executor or trustee of the estate or trust; (b) the condition, disposition or other such particulars as requested of the property devised, bequeathed or given or which is in any way held by the executor or trustee; and (c) any other matter relating to the administration or management of the estate or trust or any other property held by the executor or trustee, as requested. 2009, c. 33, Sched. 2, s. 11 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 1 (1) - 22/12/1999 2000, c. 26, Sched. A, s. 2 (4) - 06/12/2000 2009, c. 33, Sched. 2, s. 11 (2) - 15/12/2009

• 3.
• 3Auditing accounts as to charitable legacies or grants

  3 Whenever required so to do by the Public Guardian and Trustee, an executor or trustee shall submit the accounts of dealings with the property coming into the hands or under the control of the executor or trustee under the terms of the bequest or gift, to be passed and examined and audited by a judge of the Superior Court of Justice. R.S.O. 1990, c. C.10, s. 3; 1999, c. 12, Sched. B, s. 1 (1); 2000, c. 26, Sched. A, s. 2 (4). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 1 (1) - 22/12/1999 2000, c. 26, Sched. A, s. 2 (4) - 06/12/2000

• 4.
• [s4]
• 4Application to court where executor or trustee in default

  4 If any such executor or trustee, (a) refuses or neglects to comply with section 1, 2 or 3, or with any of the regulations made under this Act; (b) is found to have misapplied or misappropriated any property or fund coming into the executor’s or trustee’s hands; (c) has made any improper or unauthorized investment of any money forming part of the proceeds of any such property or fund; or (d) is not applying any property, fund or money in the manner directed by the will or instrument,

• 5.
• [s5]

  a judge of the Superior Court of Justice upon the application of the Public Guardian and Trustee, may make an order, (e) directing the executor or trustee to do forthwith or within the time stated in the order anything that the executor or trustee has refused or neglected to do in compliance with section 1, 2 or 3, or with the regulations made under this Act; (f) requiring the executor or trustee to pay into court any funds in the executor’s or trustee’s hands and to assign and transfer to the Accountant of the Superior Court of Justice, or to a new trustee appointed under clause (g), any property or securities in the hands or under the control of the executor or trustee; (g) removing such executor or trustee and appointing some other person to act in the executor’s or trustee’s stead; (h) directing the issue of an attachment against the executor or trustee to the amount of any property …

• 4.1Information, documents respecting entities

  4.1 (1) If an executor or trustee to whom section 1 applies holds a substantial interest in an entity within the meaning of subsection (3), the Public Guardian and Trustee may inquire into the management or operation of the entity and into its relationship to the executor or trustee, and the entity or any director, officer, manager or trustee of the entity shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee such information or documents respecting the entity as the Public Guardian and Trustee specifies. 2009, c. 33, Sched. 2, s. 11 (3). Same (2) Without limiting the generality of subsection (1), the Public Guardian and Trustee may make a request under that subsection for, (a) business records of the entity; (b) information respecting the assets and liabilities of the entity; (c) accounts of income and expenses for the entity; (d) financial s…

• 6.
• 5Regulations

  5 (1) The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations, (a) prescribing forms of notices and returns to be made under this Act; (b) respecting the practice and procedure upon passing the accounts of an executor or trustee under this Act and the tariff of fees and costs to be applicable thereto; (c) requiring returns to be made by any such executor or trustee to any ministry of the Government and the form of such returns; (d) regulating the practice and procedure upon applications under section 4. R.S.O. 1990, c. C.10, s. 5 (1); 1996, c. 25, s. 2 (1). Practice (2) Except as otherwise provided by the regulations, the practice and procedure of the Superior Court of Justice apply to proceedings under this Act. R.S.O. 1990, c. C.10, s. 5 (2); 1999, c. 12, Sched. B, s. 1 (3). (3) Repealed: 1997, c. 23, s. 3 (3). Notice of action to set aside will to …

• 7.
• 5.1Regulations

  5.1 (1) The Attorney General, on the advice of the Public Guardian and Trustee, may make regulations, (a) providing that acts or omissions that would otherwise require the approval of the Superior Court of Justice in the exercise of its inherent jurisdiction in charitable matters shall be treated, for all purposes, as though they had been so approved; (b) requiring the making and keeping of records relating to charitable property and respecting the making, keeping, transfer and disposal of such records. 1999, c. 12, Sched. B, s. 1 (4). Limitation (2) Regulations under clause (1) (a) may be made only in relation to, (a) the giving of benefits from charitable property to, (i) executors and trustees referred to in subsection 1 (1), (ii) corporations deemed by subsection 1 (2) to be trustees within the meaning of this Act, (iii) directors of corporations described in subclause (ii) or of per…

• 8.
• 6Collection of funds from the public, right of complaint

  6 (1) Any person may complain as to the manner in which a person or organization has solicited or procured funds by way of contribution or gift from the public for any purpose, or as to the manner in which any such funds have been dealt with or disposed of. R.S.O. 1990, c. C.10, s. 6 (1). Form of complaint (2) Every such complaint shall be in writing and delivered by the complainant to a judge of the Superior Court of Justice. R.S.O. 1990, c. C.10, s. 6 (2); 1999, c. 12, Sched. B, s. 1 (5). Order for investigation (3) Wherever the judge is of opinion that the public interest can be served by an investigation of the matter complained of, he or she may make an order directing the Public Guardian and Trustee to make such investigation as the Public Guardian and Trustee considers proper in the circumstances. R.S.O. 1990, c. C.10, s. 6 (3); 2000, c. 26, Sched. A, s. 2 (4). Application of Publ…

• 9.
• 10.
• 7Definition

  7 In sections 8, 9 and 10, “charitable purpose” means, (a) the relief of poverty, (b) education, (c) the advancement of religion, and (d) any purpose beneficial to the community, not falling under clause (a), (b) or (c). R.S.O. 1990, c. C.10, s. 7; 2009, c. 33, Sched. 2, s. 11 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 11 (5) - 15/12/2009

• 11.
• 8Limitation on use of property

  8 A person who holds an interest in real or personal property for a charitable purpose shall use the property for the charitable purpose. 2009, c. 33, Sched. 2, s. 11 (6); 2023, c. 20, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 1 (5) - 22/12/1999 2000, c. 26, Sched. A, s. 2 (4) - 06/12/2000 2009, c. 33, Sched. 2, s. 11 (6) - 15/12/2009 2023, c. 20, Sched. 3, s. 2 - 04/12/2023

• 12.
• 9Authority for certain public bodies to receive property for charitable purposes

  9 (1) Subject to section 8, a municipal corporation or local board thereof, a university or a public hospital may receive, hold and enjoy real or personal property devised, bequeathed or granted to it for a charitable purpose, upon the terms expressed in the devise, bequest or grant. R.S.O. 1990, c. C.10, s. 9 (1); 2023, c. 20, Sched. 3, s. 2. Agreement re administration (2) A municipal corporation or local board thereof, university or public hospital holding property under subsection (1) may enter into an agreement with the person devising, bequeathing or granting the property for the holding, management, administration or disposition of the property. R.S.O. 1990, c. C.10, s. 9 (2). Application of section (3) This section applies even if the devise, bequest or grant was made before it was authorized by this section. R.S.O. 1990, c. C.10, s. 9 (3). Definition (4) In this section, “local …

• 10Application for order re carrying out trust

  10 (1) Where any two or more persons allege a breach of a trust created for a charitable purpose or seek the direction of the court for the administration of a trust for a charitable purpose, they may apply to the Superior Court of Justice and the court may hear the application and make such order as it considers just for the carrying out of the trust under the law. R.S.O. 1990, c. C.10, s. 10 (1); 1999, c. 12, Sched. B, s. 1 (5). Notice to Public Guardian and Trustee (2) An application under subsection (1) shall be upon notice to the Public Guardian and Trustee who may appear and be represented by counsel at the hearing. R.S.O. 1990, c. C.10, s. 10 (2); 2000, c. 26, Sched. A, s. 2 (4). Investigation by Public Guardian and Trustee (3) Where the court is of the opinion that the public interest can be served by an investigation of the matter alleged in the application, the court may make a…

• 13.
• 10.1Application of Trustee Act

  10.1 Except as provided under subsection 10.3 (3), sections 27 to 31 of the Trustee Act apply to, (a) an executor or trustee referred to in subsection 1 (1); (b) a corporation that is deemed to be a trustee under subsection 1 (2); and (c) a person referred to in section 8 who is not a person referred to in clause (a) or (b). 2009, c. 33, Sched. 2, s. 11 (7); 2017, c. 20, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 11 (7) - 15/12/2009 2017, c. 20, Sched. 2, s. 1 - 14/11/2017

• 10.2Social investments

  10.2 (1) This section applies for the purposes of sections 10.3 and 10.4. 2017, c. 20, Sched. 2, s. 2. Interpretation, social investment (2) A social investment is made when a trustee applies or uses trust property in order to, (a) directly further the purposes of the trust; and (b) achieve a financial return, within the meaning of subsection (3), for the trust. 2017, c. 20, Sched. 2, s. 2. Interpretation, achieving a financial return (3) The application or use of trust property shall be considered as achieving a financial return if the outcome in respect of the trust property is better for the trust in financial terms than expending all the property. 2017, c. 20, Sched. 2, s. 2. Additional results (4) The fact that the application or use of trust property may have other results in addition to the results referred to in clauses (2) (a) and (b) does not prevent it from being regarded as t…

• 10.3Power to make social investments

  10.3 (1) A trustee may make social investments, subject to subsection (2). 2017, c. 20, Sched. 2, s. 2. Limitation (2) A social investment may not be made in relation to trust property that is subject to a limitation on capital being expended for the purposes of the trust, unless the trustee expects that making the social investment will not contravene the limitation or the terms of the trust allow for such an investment. 2017, c. 20, Sched. 2, s. 2. Application of certain investment rules (3) Subsections 27 (3) and (4) of the Trustee Act apply with necessary modifications with respect to the making of social investments; otherwise, sections 27 to 29 of that Act do not apply to the making of social investments. 2017, c. 20, Sched. 2, s. 2. Powers may be restricted, excluded (4) The power conferred by this section may be restricted or excluded by the terms of the trust. 2017, c. 20, Sched…

• 14.
• 10.4Trustee duties re social investments

  10.4 (1) Before making a social investment, a trustee shall, (a) determine whether, in the circumstances, advice should be obtained respecting the proposed social investment and, if so, obtain and consider the advice; and (b) satisfy him, her or itself that it is in the interests of the trust to make the social investment, having regard to the benefit expected to be achieved for the trust. 2017, c. 20, Sched. 2, s. 2. On-going review (2) A trustee shall, from time to time, review the social investments of the trust property. 2017, c. 20, Sched. 2, s. 2. Same, advice (3) In undertaking a review under subsection (2), a trustee shall determine whether, in the circumstances, advice should be obtained respecting a social investment and, if so, obtain and consider the advice. 2017, c. 20, Sched. 2, s. 2. Reliance on advice (4) It is not a breach of trust for a trustee to rely on advice obtaine…

• 11Application of Act

  11 This Act applies despite any provision in any will or other instrument excluding its application or giving to an executor or trustee any discretion as to the application of property, funds or the proceeds thereof to religious, educational, charitable or public purposes. R.S.O. 1990, c. C.10, s. 11.

• 12Other rights and remedies not affected

  12 This Act does not apply to or affect or in any way interfere with any right or remedy that any person may have under any other Act or in equity or at common law or otherwise. R.S.O. 1990, c. C.10, s. 12.

• 13Consent orders and judgments in charitable matters

  13 (1) A draft order or judgment that could have been made by the Superior Court of Justice under this Act, under any other Act dealing with charitable matters, or in the exercise of its inherent jurisdiction in charitable matters, shall be deemed to be an order or judgment of that court if the following persons give a written consent to its terms: 1. The Public Guardian and Trustee. 2. Every other person who would have been required to be served in a proceeding to obtain the order or judgment. 1997, c. 23, s. 3 (4); 1999, c. 12, Sched. B, s. 1 (5). PGT’s seal (2) In the case of the Public Guardian and Trustee, the consent shall be sealed. 1997, c. 23, s. 3 (4). Effective date (3) The terms of the draft order or judgment take effect when it is filed with the Superior Court of Justice. 1997, c. 23, s. 3 (4); 1999, c. 12, Sched. B, s. 1 (5). Section Amendments with date in force (d/m/y) 19…

• 14Definition

  14 (1) In this section, “interest in a business” means an interest in a business within the meaning of the Charitable Gifts Act, as it read immediately before its repeal. 2009, c. 33, Sched. 2, s. 11 (8). Obligation to dispose of business interest extinguished (2) Despite clause 51 (1) (b) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguishes all obligations under the Charitable Gifts Act to dispose of any interest in a business that are still in existence at the time of the repeal. 2009, c. 33, Sched. 2, s. 11 (8). Same (3) Subsection (2) applies in respect of obligations that came into existence under the Charitable Gifts Act at any time before its repeal. 2009, c. 33, Sched. 2, s. 11 (8). Right to application extinguished (4) Despite subclause 51 (1) (d) (i) and subsection 51 (2) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguis…