Registered charities making grants to non-qualified donees

Guidance

Reference number
CG-032

Issued
December 19, 2023

General requirements for charitable registration

In addition to the requirements set out in this guidance, there are a number of other general requirements related to charitable registration. For more information, see Guidance CG-017, General requirements for charitable registration.

Guidance products can be updated. If you have comments or suggestions to improve the guidance, we would like to hear from you. To provide comments or obtain additional information, contact the Charities Directorate.

1.0 Introduction and key principles

1.1 Background

1. Many organizations in Canada and internationally contribute to charitable activities, but do not have registered charity status with the Canada Revenue Agency (CRA). We refer to these organizations as non-qualified donees in this guidance.Footnote 1

2. The Income Tax Act was amended in 2022Footnote 2  to create a new way for registered charities to work with non-qualified donees: by making grants to grantees. 

3. Charities can also work with non-qualified donees as intermediaries. A charity can do this if it maintains ongoing direction and control of the activity that the non-qualified donee performs on its behalf. In this kind of arrangement, the activity must be the charity’s own.Footnote 3  

4. With grants, a charity can support the grantee’s own activities, provided the charity shows that it meets the Income Tax Act requirements set out in this guidance.  

5. This legislative change recognizes the significant value that non-qualified donees bring to charitable work in Canada and internationally. This new option was introduced to provide charities with a means to build more collaborative and equitable partnerships.Footnote 4   

6. This guidance is not law. Instead, it recommends ways a charity can meet the Income Tax Act requirements while taking reasonable, flexible, and proportionate measures based on the nature of each grant. To do this, the charity should apply due diligence when making the grant. This allows the charity to account for its use of tax-assisted resources. 

1.2 Technical terms and definitions

7. For the purposes of this guidance:

1.3 Income Tax Act accountability requirements

8. A charity can enter into a wide variety of granting arrangements with grantees, as long as the charity meets the Income Tax Act requirements:Footnote 8

qualifying disbursement means a disbursement by a charity, by way of a gift or by otherwise making resources available,

(a) … to a qualified donee, or

(b) to a grantee organization, if

(i) the disbursement is in furtherance of a charitable purpose (determined without reference to the definition charitable purposes in [subsection 149.1(1) of the Income Tax Act]) of the charity,

(ii) the charity ensures that the disbursement is exclusively applied to charitable activities in furtherance of a charitable purpose of the charity, and

(iii) the charity maintains documentation sufficient to demonstrate

(A) the purpose for which the disbursement is made, and

(B) that the disbursement is exclusively applied by the grantee organization to charitable activities in furtherance of a charitable purpose of the charity …

9. To meet these accountability requirements, a charity must be able to interpret and apply key terms in the legislation, such as the following:

10. Our interpretation and application of these terms is explained at a glance in section 1.4, and in detail throughout this guidance.

11. A charity does not have to follow our granting recommendations. It can show in its books and records that it has used other measures to meet the accountability requirements.

12. A charity could jeopardize its registration if it does not meet the requirements of the Income Tax Act.Footnote 9  Depending on the degree of the non-compliance, the charity will be subject to CRA compliance measures. This could include education letters, compliance agreements, sanctions, or in the most severe cases, revocation of registration.Footnote 10

1.4 The CRA’s interpretation and application of the accountability requirements

13. At a glance, here is how we interpret and apply the accountability requirements:

How we interpret and apply the accountability requirements

Text from legislation

(emphasis added)

CRA’s interpretation CRA’s application and recommendations Details in guidance
"the disbursement is in furtherance of a charitable purpose (determined without reference to the definition charitable purposes in [subsection 149.1(1) of the Income Tax Act]) of the charity" We interpret this requirement to mean that a charity can only make grants that further its stated common law purposes, that is, purposes that fall within one of the four categories of charity. 

A charity may need to amend its purposes to make grants.

If the grant activity cannot be shown to further the charity’s charitable purposes, the charity should not proceed with the grant.  

Charitable purposes are discussed in section 3.1
"the charity ensures that the disbursement is exclusively applied to charitable activities..." A charity must make sure that the grant resources are used only for charitable activities that further its charitable purposes. 

Despite best efforts, a charity may not be able to "ensure" or guarantee the grant resources will be applied exactly as intended. For this reason, we aim to adopt a reasonable, flexible, and proportionate approach to granting.

We recommend the charity apply due diligence by using accountability tools over the grant's duration. The grant's risk influences the level of due diligence required: limited, moderate, or extensive.

Due diligence and accountability tools are discussed in section 3.
"the charity maintains documentation sufficient to demonstrate…" The Income Tax Act requires a charity to keep adequate books and records. It also adds a specific documentation requirement for grants. 

We aim to adopt a reasonable, flexible, and proportionate approach to grant documentation.

We recommend the charity maintain documentation to show:

  1. the grant's purpose
  2. the grantee exclusively applied the resources to that purpose
  3. the charity applied due diligence to meet this requirement when making the grant

The extent of the documentation is based on the level of due diligence needed for each grant. 

Due diligence, accountability tools, and books and records are discussed in section 3

2.0 How can a charity operate?

14.  The Income Tax Act allows a registered charity to operate in the following ways:

Flow chart that describes how registered charities can conduct their operations.  They can carry on their own activities through staff and volunteers, or through intermediaries.  They can also make qualifying disbursements through gifts to qualified donees, or through grants to non-qualified donees, also known as grantees.

15. When a charity intends to collaborate with another organization, it should consider at the outset whether it will do this through a grant to a grantee, a gift to a qualified donee, or by carrying on its own activities through an intermediary. This decision rests with the charity. The charity can determine what is most appropriate in the circumstances, based on its own processes and the information and recommendations set out in the relevant guidance. The charity should clearly show which approach it has taken in its books and records

16. This guidance focuses on our recommendations for making grants to grantees. For more details on how a charity can operate, including how granting differs from direction and control, see below.

3.0 The CRA’s recommended grant-making process: the due diligence model

21. We recommend the following due diligence steps for making grants:

3.1: Establish how the grant activity furthers the charity’s charitable purpose.

3.2: Assess the grant’s risk level – low, medium, or high – based on factors that may affect the charity’s ability to meet the Income Tax Act requirements.

3.3: Determine how much due diligence the charity needs to apply through accountability tools based on the risk level.

3.4: Apply the accountability tools in collaboration with the grantee.

3.5: Document the charity’s due diligence over the grant’s duration in its books and records.

22. A charity should apply a reasonable and consistent approach to its grants, that is, treating similar grants in a consistent way.

23. Exercising appropriate due diligence helps protect the charity if the grantee is not able to follow through on the grant agreement.

24. We understand that charities may need to devote reasonable expenses to administer and manage the grant.Footnote 12  We consider these to be necessary and important.

3.1 Establish how the grant activity furthers the charity's charitable purposes

25. The grant must be exclusively applied to charitable activities that further the charity’s charitable purposes. 

26. Purposes, or “objects”, are an organization’s goals or objectives. Each must be clearly stated in an organization’s governing document. We rely on the common law to determine when purposes are charitable and whether the activities further the charitable purposes. 

27. For more information on purposes and activities, see sections 3.1.1 to 3.1.2 and Guidance CG-019, How to draft purposes for charitable registration.

3.1.1 Charitable purposes

28. First and foremost, the grant activity must further a charitable purpose of the charity. The provision is worded this way because it is not sufficient to make a grant for any charitable purpose; instead, a charity must devote its resources to the charity’s own purposes found in its governing document

29. Many charities will be able to expand their operations to include making grants to grantees using their existing purposes. 

30. However, a charity would need to amend its purposes if it:

31. A charity could not make a grant with only a “making qualifying disbursements” or “making grants” purpose. A “grant-making” purpose in and of itself would not fall within one of the four categories of charity. Also, when drafting a charitable purpose, it is not necessary for the charity to specify that the organization will be making grants.

32. Here is an example of a purpose that would be suitable for a grant that advances education:

33. Here is an example of a purpose that would be suitable for a grant that relieves poverty:

34. For more examples of charitable purposes, go to Charitable purposes. For more information on amending purposes and activities, go to Change purposes and activities.

3.1.2 Charitable activities

35. Here are some examples of general requirements that a charity should keep in mind when making grants:

For more information, see section 3.2, as well as description of grant activity and granting real property. See also CPS-024, Guidelines for registering a charity: Meeting the public benefit test.

3.2 Assess the grant’s risk level – low, medium, or high – based on factors that may affect the charity’s ability to meet the Income Tax Act requirements

36. To “ensure” grant resources are “exclusively applied” to charitable activities that further the charity’s charitable purposes, a charity may find it helpful to assess the level of risk at the outset of the grant. The matrix below is a guideline to explain the non-exhaustive factors the charity should think about. The charity can weigh the conditions of the grant to determine the overall risk level: low, medium, or high. 

3.2.1 Risk assessment

Risk assessment
Factors Low risk Medium risk High risk
Charity's experience
  • significant experience with grants or working with non-qualified donees (such as an intermediary)
  • some experience with grants or working with non-qualified donees (such as an intermediary)
  • no experience with grants or working with non-qualified donees (such as an intermediary)
Grantee’s experience
  • extensive and effective experience with charities and charitable program
  • some related experience either with charities or charitable program
  • newly established grantee or charitable program
Purposes and governing documents of grantee organizationFootnote 14  
  • purposes are closely aligned with those of the charity
  • there are some differences between the purposes of the charity and grantee, such as a non-charitable purpose, but the grant activity can still fall within at least one of the grantee’s charitable purposes; for example, a for-profit entity that has a purpose that could also be charitable, such as providing educational services
  • not clear that the charitable grant activity would fall within a purpose of the grantee
Governance structure of grantee organizationFootnote 15
  • clear framework of responsibilities and reporting structure within the organization
  • some organizational structure in place, but not comprehensive 
  • little to no organizational structure
Grantee’s regulation and oversight 
  • subject to charitable regulation, including in a jurisdiction outside Canada
  • not subject to charitable regulation, but is subject to other governmental oversight in a jurisdiction outside Canada
  • not subject to any regulatory oversight
Private benefit concernsFootnote 16
  • limited private benefit concerns
  • some private benefit concerns 
  • significant potential for unacceptable private benefit, such as granting to a non-arm’s length partyFootnote 17
Grant activity
  • inside Canada
  • in a stable country or region, including security and social stability
  • strong infrastructure
  • in a country where the charity or grantee have an established presence 
  • outside CanadaFootnote 18
  • in a country or region that is somewhat stable, including social instability, or where there are some security concerns
  • at least basic infrastructure, such as banks or reliable internet access
  • in a country where the charity or grantee do not have significant previous experience or connection
  • outside Canada
  • in a country or region that is significantly unstable, including violent conflict or other social instability, or where there are security concerns
  • lack of infrastructure, such as limited access to financial institutions such as banks or to the internet
  • in a country where the charity or grantee do not have any previous experience or connection
Grant amount
  • low value of grant (up to $5,000)
  • moderately high value of grant (more than $5,000 and up to $50,000)
  • high value of grant (more than $50,000)
Nature of resources granted
  • non-cash resources that are likely to be used only for charitable purposes, such as charitable goods, including textbooks or medical suppliesFootnote 19
  • resources that are somewhat susceptible to non-charitable use, such as a mix of cash and non-cash resources
  • resources that are susceptible to non-charitable use, such as cash, cryptocurrency, and real property
Grant duration
  • short-term grants (less than two years)
  • longer-terms grants with an end date (between two and five years)
  • long-term grants over five years, including grants with no end date (such as real property grantsFootnote 20)

37. If there is a significant change in grant conditions, the charity should assess whether the grant’s overall risk level has changed, and work with the grantee to adjust the grant’s terms. For more information, see below.

What are some examples of significant changes in grant conditions?

38. Some examples of increased risk could include:

  • amendment of the grant’s terms
  • change in the charity or grantee’s leadership
  • collapse of financial infrastructure in a country
  • concerns around record keeping and reporting
  • decline in the security conditions in the country or region where the grant activity takes place
  • presence of a private benefit concern; for example, the charity learns that the grantee is making profits from the grant activity and not applying the profits to the charitable purpose of the grant

39. Some examples of decreased risk could include:

  • established strong track record with a grantee, such as the grantee continues to meet workplans, provides high quality reporting, or the charity establishes rapport with a grantee after working together for a considerable amount of time
  • decreased value in the charitable resources; for example, it is no longer difficult to access the granted medication and the cost is reduced
  • improved security conditions in the country or region where the grant activity takes place 

3.3 Determine how much due diligence the charity needs to apply through accountability tools based on the risk level

40. The risk level will help determine whether the use of accountability tools will be limited, moderate, or extensive. The accountability tools help a charity meet the accountability requirements.

3.3.1 Explore the accountability tools

41. See below for more information about each tool.

3.3.2 Determine the level of due diligence based on risk

66. Using the risk assessment tool in section 3.2.1, determine the level of due diligence needed to meet the accountability requirements. The accountability tools are not exhaustive and their suitability depends on the nature of individual grants. We recommend using the accountability tools in the table below, as applicable.Footnote 22   

Accountability tools
Accountability tools Low risk Medium risk High risk
Research and review Limited review, particularly where the charity has a pre-existing relationship with the grantee  Moderate review, such as independently researching the grantee Extensive review, such as requesting information from the grantee or an in-person visit
Description of grant activity Simple description of grant activity Written description of key elements of grant activity Detailed written description of grant activity
Written agreement Simple agreement; other documentation, such as email records and meeting minutes, are likely sufficient for non-recurring grants of $5,000 or less Formal written agreement with key terms Formal written agreement with comprehensive terms
Reporting plan Simple written final report Written final report, covering key deliverables, and if relevant to the charity, interim reports  Detailed written final report, and where appropriate, interim reports 
Transfer schedule For the charity to consider under the circumstances If likely to be a concern for the charity Yes, unless resources cannot be transferred periodically 
Separately tracked funds Yes, such as a simple ledger and supporting documentation Yes, such as a ledger of key elements and supporting documentation  Yes, such as detailed record keeping and supporting documentation

3.4 Apply the accountability tools in collaboration with the grantee

67. By working together with the grantee, the charity can meet the accountability requirements by using the accountability tools described in section 3.3. See below for an example of applying accountability tools to a grant.

Example

A charity has purposes to relieve poverty. While on a short-term relief and development trip outside Canada, the charity’s staff and volunteer team are approached by a local organization involved in water sanitation projects. The organization asks the charity if it would be willing to contribute to their work. These interactions allow the charity’s team to evaluate the local group’s capacity and its history of planning and completing a variety of water service projects. Based on this experience, the team recommends to the charity’s board that it provide a grant to this local group, which would be in furtherance of the charity’s charitable purposes.

The charity’s staff have reviewed the grantee. The charity’s board reviews and assesses the recommendation. The proposed grantee has experience, capacity, a strong community presence, and widespread recognition and support for its work. There is some political instability in the country where the activities would take place, but this has not previously impacted the grantee’s work. The local group needs $50,000 in addition to its own investment to complete this project. The board concludes that the grant is medium risk, does its due diligence, approves the grant, and records the reasons for its decision in the board meeting minutes.

Charity staff prepare a written agreement that includes a description of the project. The agreement schedules two instalments of $25,000. Before sending the second instalment, the charity requires a brief interim report, as well as one video meeting in order to ask any questions. The grant’s terms also require a final written report.

Under the transfer schedule, the grant is to be sent in two instalments. The first instalment is sent on schedule. The second instalment is temporarily held back until the grantee obtains the required equipment and tools to continue the project.

The interim report is a one-page summary of the progress achieved so far. The video call is scheduled during one of the charity’s regular board meetings. The grantee answers all of the board’s questions in a satisfactory way. The board records the report and video call in its board meeting minutes.

Upon completion of the program, the charity receives an emailed report with links to photos and videos of the new community well and water filtration system in use. The report also includes a financial statement from the grantee. The charity records these details in its books and records, including that it is satisfied that the grantee has met the grant’s terms and furthered the charity’s charitable purposes.  

---

In this example, if the grantee did not provide a satisfactory report, the charity might consider requesting a follow-up report to answer specific questions. The charity might also decide it will not send the second instalment. The charity’s decision and reasons for suspending the grant should be included in its books and records.

3.5 Document the charity’s due diligence over the grant’s duration in its books and records

68. Under the Income Tax Act, a charity must keep adequate books and records in Canada, containing enough information to allow us to determine whether the charity is operating in accordance with the Income Tax Act.Footnote 23  The Income Tax Act also adds specific documentation requirements for grants. 

69. With respect to grants, a charity’s books and records must allow us to check whether:

70. Our recommendations for keeping adequate books and records are linked to the accountability tools suitable for the particular grant arrangement. For more information, see the accountability tools discussion throughout section 3

71. The charity should be able to obtain from the grantee any supporting documents in original or electronic format, such as a photocopy, scanned document, or photograph. 

72. A charity that fails to keep adequate books and records exposes itself to possible CRA compliance measures. This could include education letters, compliance agreements, sanctions, or in the most severe cases, revocation of registration.Footnote 24

4.0 Special topics: limits, directed gifts and conduits, reporting, pooled grants, charitable goods, real property, disaster or emergency relief, anti-terrorism considerations, grants inside and outside Canada

73. The remainder of this guidance details special granting topics. Learn more about each topic below. 

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