Let’s take a look at what the Companies Act says about this.

s13(1) One or more persons may incorporate a profit company, or three or more persons may incorporate a non-profit company.

So, we’re back to the definition of a “person”.

Interpretations Act – Definitions

(x)(b) “person” includes any company incorporated or registered as such under any law.

So, yes, it would appear that a company can be one of the incorporators of an NPC.

Notice that the Act does not require that the incorporators be unconnected. That only comes into the Income Tax Act.

Here’s what the Income Tax Act says about registering as a Public Benefit Organisation:

s30(b)(i) required to have at least three persons, who are no connected persons ………. to accept fiduciary responsibility …….

These three persons need not necessarily be the founders although some are of the opinion that they must be directors.