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Hold charitable property in trust

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