A non-share federal corporation that undertook audience measurement activities for the benefit of its members (commercial TV and radio stations) qualified as a not-for-profit organization. Boyle J. stated (at paras. 49-50):
If its reserves are reasonable and it operates on a cost recovery basis, it would be hard to say an organization realizes significant profits.
BBM only sells its data to its members. It would be difficult to impute a profit purpose to an organization that only sells to members on a cost recovery basis.
He rejected a submission of the Crown (at para. 28) "that 'for any other purpose except profit' means unrelated to any commercial or business activity" and stated (at para. 54) that "a public benefit or purpose is not a pre-requisite to qualifying for the paragraph 149(1)(l) exemption".