Would a residential housing co-operative (Co-op) continue to qualify under s.149(1)(l) if it earned profits from renting its common areas to third-parties (e.g., film companies) – and would the answer change if it did so through a wholly-owned taxable subsidiary? After citing Tourbec for the proposition that “the word exclusively must be given its full effect,” CRA went on to note that, however, “a tax-exempt NPO can earn a profit, as long as the profit is incidental,” i.e., “not significant and arises from activities directly connected to the organization’s not-for-profit objectives.” For example it was acceptable that the Co-op earned “modest revenues from providing laundry machines for use by residents of the Co-op.”
In contrast, “the anticipated profits from renting out the Co-op’s common areas to third parties … [were expected] to be considerable enough to assist the Co-op in paying for major repairs, ongoing maintenance of the building, maintaining a reserve fund, and lowering monthly maintenance fees for the residents.” Accordingly, such activity would disqualify it under s. 149(1)(l). If it carried on this activity through a subsidiary, the expected dividend income would have the same effect.