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Hold charitable property in trust
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A society that holds property for charitable purposes holds it in trust, and answers for it.
A corporation for charitable purposes holds its property as a trustee, answerable to the Public Guardian and Trustee. Binds: Ontario corporations for religious, educational, charitable or public purposes.
The law’s own words
“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 shall be deemed to be property within the meaning of this Act.”
Charities Accounting Act, s. 1(2) · Read it at Ontario · Verified 2026-11-08
“If a provision in this Act or in a regulation that applies to a charitable corporation conflicts with a law relating to charities, the law relating to charities prevails, regardless of whether it is a provision in another Act, a regulation made under it or a rule or principle of common law or equity.”
Ontario Not-for-Profit Corporations Act, s. 5(2) · Read it at Ontario · Verified 2026-11-08
“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, … (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.”
Charities Accounting Act, s. 2 · Read it at Ontario · Verified 2026-11-08
“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.”
Charities Accounting Act, s. 3 · Read it at Ontario · Verified 2026-11-08
“A charitable corporation may not purchase insurance described in subsection (6) unless, (a) the corporation complies with the Charities Accounting Act or a regulation made under that Act that permits the purchase; or (b) the corporation or a director or officer of the corporation obtains an order of the court authorizing the purchase.”
Ontario Not-for-Profit Corporations Act, s. 46(7) · Read it at Ontario · Verified 2026-11-08
Where a company’s letters patent carry the trust words its applicants asked for, the company holds all its property — and the profits and income arising from it — in trust for the objects and purposes it was incorporated for, and declares no dividends. Binds: New Brunswick companies without capital stock whose letters patent carry the trust clause (Companies Act, s. 18(1)).
The law’s own words
“In any application for the incorporation of a company for charitable, philanthropic, temperance, religious, social, political, literary, educational, athletic or other like purposes … the application may ask for the embodying in the letters patent, which in such case shall be therein inserted, that the company shall hold all property both real and personal, and the profits and income arising therefrom … in trust for the objects and purposes for which the company may be incorporated”
Companies Act (New Brunswick), s. 18(1) · Read it at New Brunswick · Verified 2026-11-11
“that the company shall hold all property both real and personal, and the profits and income arising therefrom, acquired by it by purchase, gift, bequest or otherwise in trust for the objects and purposes for which the company may be incorporated, and that no dividends shall be declared or paid on any capital stock of the company.”
Companies Act (New Brunswick), s. 18(1) · Read it at New Brunswick · Verified 2026-11-11
A Saskatchewan charitable corporation owns its property outright and holds nothing in trust unless the gift came expressly in trust for a purpose; what it invests follows the trustee’s rule. Binds: Saskatchewan charitable corporations under The Non-profit Corporations Act, 2022.
The law’s own words
“A charitable corporation owns any property of any kind that is transferred to or otherwise vested in the corporation and does not hold any property in trust unless that property was transferred to the corporation expressly in trust for a specific purpose or purposes.”
The Non-profit Corporations Act, 2022 (Saskatchewan), s. 5-5 · Read it at Publications Saskatchewan · Verified 2026-11-08
“Subject to section 5-7, the limitations accompanying any gift, or the articles or bylaws, a charitable corporation may invest its funds only in those investments in which a trustee may invest pursuant to The Trustee Act, 2009.”
The Non-profit Corporations Act, 2022 (Saskatchewan), s. 5-6(1) · Read it at Publications Saskatchewan · Verified 2026-11-11