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Powers and Limits of an Executive Committee

July 14, 2017

By:    Alexandra Tzannidakis It’s a very common practice, especially in organizations with larger boards, to have a subgroup of the directors form an executive committee that makes core decisions.  But some caution must be exercised when deciding which powers to delegate to an executive committee – or indeed, to any subgroup of directors. Depending […]

Filed Under: Articles, Charities - Current Articles, Charity Structure Tagged With: Alexandra Tzannidakis, delegation of director power, director power delegation, executive committee, non-profit organizations, not-for-profit organizations

Back to the Tax Basics

June 16, 2017

By:  Adam Aptowitzer Lawyers and advisors in the charitable sector often discuss high level tax topics in articles and seminars – but, for many, tax remains a dark and mystical art. Indeed, even those who once professed an understanding of the system may, over time, lose touch with the basics if they do not remain […]

Filed Under: Articles, Charities - Current Articles Tagged With: Adam Aptowitzer, not for profit, provincial tax differences, surtax, tax bracket, tax rates, taxes

CRA gets the message (again)  

June 16, 2017

By:    C. Yvonne Chenier The Consultation Panel on the political activities of charities that was appointed by the Minister of National Revenue in 2016, recently submitted their report.[1] While the main recommendations of the Panel,  were to “make changes to enable charities to fully participate in public policy dialogue and development”[2] , and to […]

Filed Under: Articles, Charities - Current Articles Tagged With: C. Yvonne Chenier QC, Canada Revenue Agency, charity regulation, consultation on political activities, CRA, political activities

Important Anti-Spam Deadline on July 1

June 16, 2017

By: Alexandra Tzannidakis Canada’s Anti-Spam Legislation (CASL) came into effect three years ago to restrict commercial electronic messages (CEMs). It started with a probationary period of sorts to help organizations ease into compliance. On July 1, 2017 that phase-in period ends. The deadline is specifically related to the CASL requirements for obtaining “consent” from recipients […]

Filed Under: Articles, Charities - Current Articles Tagged With: Alexandra Tzannidakis, anti-spam law, CASL, CEM, commercial electronic messages, Express Consent, Implied consent

By-laws: Tips and Traps

May 24, 2017

By:   Sylvie Lalonde Discussions about By-laws will rarely generate much enthusiasm or interest. That is, until a situation arises where they must be consulted and you realize that the By-laws contain gaps, inconsistencies and simply do not work. When there is a challenge to procedures relating to the conduct of meetings, the By-laws are […]

Filed Under: Articles, Charities - Current Articles Tagged With: Board of Directors, by-laws, bylaws, CNCA, directors, Drache Aptowitzer LLP, meeting conduct, OCA, quorum, Sylvie Lalonde

Government Moves on Charity Political Activities File

May 23, 2017

By:  Arthur Drache Having been given cover by an independent group of charity practitioners’ Report, the government has abandoned all aspect of the “project” of the CRA examining charity political activities. Last September, the Minister of National Revenue launched a consultation process with the charitable sector and the public to assist in clarifying the rules […]

Filed Under: Articles, Charities - Current Articles Tagged With: Arthur Drache, Canada Revenue Agency, consultation on political activities, CRA, suspended audit, suspension of audit

Disfellowshipping is Hard to Do

May 23, 2017

By:    Kara Johnson On April 13, 2017 the Supreme Court of Canada granted, to the Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses and the Highwood Congregation of Jehovah’s Witnesses, leave to appeal the Alberta Court of Appeal’s decision on the availability of judicial review over their disfellowshipping of Mr. Randy Wall. As […]

Filed Under: Articles, Charities - Current Articles Tagged With: appeal, disfellowshipping, Drache Aptowitzer LLP, Kara Johnson, shunning, Wall v. Jehova's Witnesses

Doing the Right Thing

May 23, 2017

By:    Adam Aptowitzer We usually use this space to advise readers on how best to comply with the law, changes in the law, or propose changes in the law. However, CBC reporting on various connections the accounting firm KPMG has with senior members of the tax community – including judges – compels a response. […]

Filed Under: Articles, Charities - Current Articles Tagged With: Adam Aptowitzer, bias, CBC, conferences, Drache Aptowitzer LLP, impartiality, judges, KPMG

Charity Golf Tournaments and Receipting

April 24, 2017

By:   Arthur Drache With the golf season (finally) getting starting, hundreds of charities across the country are sponsoring golf tournaments, events which highlight social contacts with (one hopes) fun and also a chance to raise money for a good cause. In the recently issued Folio on Split Receipting[1], the CRA deals with the specifics […]

Filed Under: Articles, Charities - Current Articles Tagged With: Arthur B.C. Drache CM QC, Canada Revenue Agency, charities, charity, Charity Golf Tournament, charity receipts, receipt rules, Split receipting

Last Call for Transition to the CNCA

April 20, 2017

By:  Sukhdeep Singh Sembi   If your corporation is a not-for-profit or charity and has been incorporated under the Canada Corporations Act Part II (“CCA II”), be sure to double check if you have been ‘continued’ under the Canada Not-for-Profit-Corporations Act (CNCA). The deadline, July 31, 2017 is fast approaching for corporations incorporated under the […]

Filed Under: Articles, Charities - Current Articles Tagged With: CNCA, Continuing, dissolution, Drache Aptowitzer LLP

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