Employment Agreements are an essential feature of the employer-employee relationship in the for-profit sector. They should be considered equally important in the not-for profit sector A properly prepared employment agreement with senior executives will provide the basis for a positive working relationship with lay leaders. Of course, employment agreements are recommended for all staff but […]
By Arthur Drache A recently published (but a year or so old) ruling letter from the CRA deals with the donation of land in Canada by a non-resident where to avoid the capital gains tax, an election was made under under subsection 118.1(6) .[1] This provision allows a donor to elect to make the gift […]
Organizations that have Annual General Meetings at this time of the year look forward to new beginnings and welcoming new board members. Well-managed organizations also take stock, do a bit of spring cleaning, and have an eye on the risks that they can or should be managing. Those eager new board members that have been […]
CASL is a spam-fighting Act that, among other things, regulates what kind of electronic messages people and organizations can send and under what circumstances. It applies to sending e-mails, text messages, social media, and other forms of electronic message, but not to faxes or phone calls. Ever since it came into effect in 2014, we […]
By: Adam Aptowitzer In most cases the application of law is conceptually simple the law is transgressed and a punishment applies. Unfortunately, in the charity world nothing is simple. When a charity is found to have transgressed the law the Charities Directorate may decide on a range of options. One widely used mechanism is the […]
This article is the second of a two part series on maintaining reserves for not-for-profit organizations and charities. The first part dealt with reserves and the duties of directors, while this one will provide some tips on how to develop a reserves policy. You can read the first part of the article here. Reserves, what […]
In the February newsletter, we discussed the need for updating By-laws and policies as a key element of attaining good governance. A corollary and important issue is the responsibility directors and officers carry in respect of the oversight of the work and operations of the organization. While directors’ fiduciary obligations in the for profit sector […]
By: Arthur Drache For directors of charities which are fortunate enough to have investable funds, these are stressful times. With interest rates low (though perhaps on the rise) many trustees are concerned about getting a decent return on invested funds and trying to preserve capital. But they also have to give some thought to a […]
As we anticipated, there were no dramatic announcements in the Budget which affect charities. But there were a number of references, few of which were unanticipated. For example, the document states that “pertaining to rules governing charities and their political activities, the CRA, in consultation with the Department of Finance, will engage with charities through […]
This article is the first of a two part series on maintaining reserves for not-for-profit organizations and charities. This one deals with reserves and the duties of directors, while the second part will provide tips on how to develop a reserves policy. When the economic climate is weak, it may be tempting for organizations to […]