Alberta Bound? On September 22, 2014, amendments to the Alberta Societies Act that we have previously alerted our readers to were proclaimed in force. New sections 36.2 and 36.3 now allow certain not-for-profit organizations to either continue from other jurisdictions into Alberta or continue from Alberta to other jurisdictions. This article will discuss a few […]
CRA puts Federally-Incorporated Charities on Notice In September, we received a number of inquires from charities that received alarming letters from the Canada Revenue Agency’s Charities Directorate with regard to keeping their registered charity status under the Income Tax Act. Apparently, in anticipation of the October 17th deadline for federal corporations to continue under the […]
Ineligible Individuals By Tanya L Carlton Canada Revenue Agency (CRA) recently released a new guidance on Ineligible Individuals (CG-024). The Income Tax Act (ITA) provisions around whether or not someone is an ineligible individual came into force on January 1, 2014, and the charities sector has been waiting for a more concrete explanation on how […]
CNCA Tidbits With the arrival of the deadline of October 17, 2014, the date by which federal corporations must continue under the new Canada Not-for-Profit Corporations Act (“CNCA”), if a federal corporation has not continued all is not lost but corporations should be continuing as soon as possible. We understand that as of today […]
New CRA Ruling on Making Loans to Foundations In July of this year, the CRA issued a ruling around making loans to charitable foundations. The ruling was requested by a taxable corporation that had set up its own foundation, a registered charity. The corporation wanted to know what the tax consequence would be for advancing […]
The 2014 Budget proposals have started to take real legislative shape. On August 29th, the Department of Finance released draft legislative proposals for consultation. The proposals mostly affect various aspects of personal, business, and international taxation, but there is also an interesting change being made to the charitable giving world. The draft legislation carries a few […]
In June 2014, I discussed the issue of Director’s and Officers’ duties under the Canada Not-for-Profit Corporations Act (“CNCA”). Another important aspect that volunteers should be aware of when they serve on Boards of either charities or not-for-profits (“NPOs”) is the personal liability that can arise in their roles as Directors. Along with being responsible […]
The Canada Not-for-profit Corporations Act (CNCA) requires federal non-share capital corporations to prepare and maintain records including, among other things, a register of members, directors and officers. This should be familiar to corporations originally established under Part II of the Canada Corporations Act because it also required them to keep separate registers for members and […]
By Arthur Drache C.M., Q.C. At the end of August, the CRA published a lengthy Guidance (36 printed pages) dealing with its views on who are ineligible individuals under the charity provisions of the Income Tax Act.1 The ineligible individual provisions in the Income Tax Act came into force on January 1, 2012. These provisions […]
By Adam Aptowitzer It is one of the more interesting aspects of practicing law that allows lawyers to consider the situation when two laws designed for different purposes intersect. Sometimes these differences can cause difficulties but when used creatively they, at times, can be the key to solving difficult problems. One such intersection involves a […]