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CRA ‘Control & Direction’ Rules Get Federal Court Bolster

August 13, 2015

By Alexandra Tzannidakis Anyone involved with a Canadian charity that operates internationally or sends funds abroad is probably intimately familiar with the considerable restrictions in this area. As with much of the law surrounding charities in Canada, the foreign activities rules are made up a small nucleus of actual statute law surrounded by an ever-growing […]

Filed Under: Articles, Charities - Article Archive Tagged With: Alexandra Tzannidakis, caselaw, charity, CRA policy, foreign activities

Reorganizing A Non-Profit/Charity to Secure Efficiency and Stability in Operations – A Current Case

August 13, 2015

 By Mark S. Anshan In a series of articles here and here we discussed the importance of protecting a charity’s assets and organizing its activities to achieve maximum efficiency in operations and effectiveness in engaging with donors and volunteers. Long established charitable organizations sometimes find that they have a number of entities carrying on various […]

Filed Under: Articles, Charities - Article Archive Tagged With: asset protection, case study, charity, governance, Mark S. Anshan

Supreme Court Rules Against Director of a Charity

August 13, 2015

By Adam Aptowitzer As Counsel for Ms. Guindon in her case with the Minister of National Revenue we have kept our readers abreast of developments as the appeal wended its way to the Supreme Court of Canada. On July 31st, 2015 the Supreme Court issued its ruling in the matter thus ending the appeal for […]

Filed Under: Articles, Charities - Article Archive Tagged With: Adam Aptowitzer, Guindon, Supreme Court Decision

Ontario Accessibility Reports Overdue

July 13, 2015

Under the Accessibility for Ontarians with Disabilities Act (“AODA”) private or non-profit organizations with twenty or more employees are required to file accessibility compliance reports every three years, with the first report having been due December 31, 2014. Each report has questions tailored to an organization’s sector and size and an individual who has the […]

Filed Under: Articles, Charities - Article Archive Tagged With: AODA, compliance, NPOs, ontario

Spotlight on Estate Gifts

July 9, 2015

By C. Yvonne Chenier, QC The 2015 Canadian federal budget contained good news for the gift planning community. Much has been written about the anticipated results of the exemption from the capital gain tax when someone wants to donate their private company shares or real-estate. Although we can surmise from the budget documents how the […]

Filed Under: Articles, Charities - Article Archive Tagged With: C. Yvonne Chenier QC, estate litigation, gift planning, Yvonne Chenier

Independent Contractor vs. Employee – What you need to know

July 9, 2015

By Tanya L. Carlton (Note: The following discussion is based on the common law and applies to all provinces except Québec, which is governed by the Civil Code of Québec). Many charities and not-for-profits, due to limited budgets, are unable to hire employees on a full-time or even part-time basis, so when specific projects arise […]

Filed Under: Articles, Charities - Article Archive Tagged With: Tanya Carlton

Canadian Charities take Political Complaints to UN

July 9, 2015

By Alexandra Tzannidakis Is campaigning for political changes a charitable pursuit? The line between the political and the charitable tends to shift around depending on which country you’re asking: in Australia, since very recently, the answer is a pretty resounding “yes”. In the US, England and Wales, and Scotland, the answer is essentially “yes, but…”. […]

Filed Under: Articles, Charities - Article Archive Tagged With: Alexandra Tzannidakis

Validating Scholarships Limited by Gender

July 9, 2015

 By Arthur B.C. Drache, CM, QC   A recent decision of the Manitoba Court of Queen’s Bench[1] is an interesting exposition of the interpretation of a will clause which offered a large sum of money to the University of Manitoba. But for reasons which will become apparent, the University elected to go to court to get a […]

Filed Under: Articles, Charities - Article Archive Tagged With: Arthur B.C. Drache CM QC, Dr. Castanera, Manitoba Court

NQS, GRE and the ITA – Three Letters, Two Concepts, and One Complicated Issue

July 9, 2015

By Adam Aptowitzer Over a year ago then Finance Minister Jim Flaherty announced that there would be major changes in the way Canadians would be taxed at death. The new system created what was called a Graduated Rate Estate (a “GRE”) which, amongst other things, entitles the estate of a taxpayer to the graduated rates […]

Filed Under: Articles, Charities - Article Archive Tagged With: Adam Aptowitzer, NQs, STEP

CRA Duly Dispatched

July 9, 2015

By Adam Aptowitzer Several years ago then Finance Minister Jim Flaherty announced in Budget 2013 that the CRA would begin delaying the assessments of Income Tax returns submitted by Canadians who had participated in certain tax shelters. At the time it was understood that this time was needed to allow the CRA time to audit […]

Filed Under: Articles, Charities - Article Archive Tagged With: Adam Aptowitzer, Budget 2013, CRA. Jim Flaherty, Justice Harrington

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