By: Arthur B C. Drache C.M., Q.C. We have been watching federal budgets at close range for more than four decades. The style has changed, of course. The notion of Budget secrecy has essentially gone by the boards…along with the timing which used to be eight o’clock in the evening. But certain things don’t change…but […]
By: Adam Aptowitzer For several years now there have been voices in the charity community advocating for change to the regime by which private company shares and non-environmentally sensitive land may be donated to charity. The arguments for making the changes were good. The first argument for making the change was that conceptually there should […]
Since 2007 Albertans have enjoyed what has been dubbed by some a “Super Credit” for donations to their favourite charities. In the spirit of generosity in 2007, the Alberta Government enhanced the tax credit to 21% from 12.75% on total annual donations over $200. Combining this with the Federal Tax Credit, generous Albertans have enjoyed […]
Registered charities, except charities designated as private foundations, may run related businesses; however, the Income Tax Act does not define what a related business is – except to state that a volunteer-run business is to be considered a related business even if there is no link between the business and the objects of a charity. […]
This article provides information on holding meetings of members under the Canada Not-for-profit Corporations Act (CNCA). It will be updated for Ontario no-share corporations once Ontario’s Not-for-profit Corporations Act, 2010 comes into force. 1. Calling Annual Meetings Newly incorporated federal no-share corporations must hold their first annual meeting of members within eighteen (18) months of […]
In the business world, name recognition and protection are well-understood concepts. Companies know the importance of protecting their “brand” and its earning potential. Non-profits may be fundraising instead of selling, and their motivations for collecting money may be different than those of for-profit companies, but ultimately name recognition is just as important to them for […]
By Arthur B.C. Drache, CM, QC Most readers of this newsletter are well aware of the limitations which are placed on political activities by charities and in recent issues we have run a couple of articles on various aspects of this subject. The best explanation of what is or is not allowed will be found in the […]
By Adam Aptowitzer One of the questions that directors ask (or should ask) prior to taking on the role is the extent to which they may be personally liable for the debts of a charity. Directors almost never ask about the personal liabilities which could arise should the charity be revoked. And, while there are […]
By Adam Aptowitzer The current media interest in the application of the political activities test for charities is indicative of the lack of nuance in our charity regulatory system. As we have written before on the history of the political activities test as it applies to charities, the provision in question, which allows charities to contribute up to […]
Charities and not-for-profits wishing to carry on activities in provinces other than that in which they were incorporated need to be aware of their obligations as extra-provincial corporations. This is especially true for corporations incorporated federally under the Canada Not-for-Profit Corporations Act (“CNCA”), as a determination must be made on whether or not an extra-provincial […]