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 […]
Lack of Nuance in the Charity System Strikes Again
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 […]
Extra-Provincial Registration for Charities and Not-for-Profits
By Tanya Carlton 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 […]
Canadian/American Cross-Border Conservation Success
By Karen Cooper A rare potential conservation donation in Georgian Bay, Ontario, with a common potential environmental conservation tax barrier recently produced a successful gift and good news for taxpayers and land conservation organizations. The Georgian Bay Land Trust (GBLT) had an opportunity to protect an undeveloped island featuring undisturbed stands of White Pine and […]
Changes Afoot at Canada Council for the Arts
By Joel Secter In an era of spending cuts, federal support for the Canada Council for the Arts has remained steadfast. In fact, in our Budget 2014 Update, we reported that the Government of Canada had made permanent the $25 million supplements to the Parliamentary appropriation, which in recent years has been $181 million1 (previously, […]
Crowdfunding: New Challenges to Old Tax Policies
By Alexandra Tzannidakis The internet seems to constantly be evolving new uses, not to mention new additions to the lexicon. A popular concept recently has been ‘crowdfunding’, in which people bypass traditional methods of accessing funding for a project by using the internet to make a direct appeal to the public. This strategy has been […]
Annulment Offers Second Life to Charity
By Arthur B.C. Drache, CM, QC Revocation is not the only way that charities can lose their registered status. The following comes from the web site of an organization which was a registered charity called Dying With Dignity: Dying with Dignity Canada (“DWD Canada”)has learned it will lose its registered charity status as the […]
What Can a Non-Profit Organization Pay Out to its Members?
By Alexandra Tzannidakis A recent CRA ruling conveniently breaks down some of the rules about how a non-profit organization (NPO) may distribute its assets on dissolution. In this discussion, an NPO is specifically the kind of tax-exempt entity defined in paragraph 149(1)(l) of the Income Tax Act: one that is not a ‘charity’, but is […]
Policy and Procedures in the Non Profit Sector
By Mark S. Anshan Recent events in not-for-profit institutions and organizations have raised the critical issue of the procedures followed to resolve conflicts and situations where the interests of the institution need to be balanced with the rights of individuals. In the last several months we have seen a number of universities in Canada having […]
Balancing Confidence and Flexibility in Gift Planning
By Adam Aptowitzer One of the unstated pillars of gift planning is to find ways of assuring a donor that his/her wishes will be carried out after death. Unfortunately, this can be a double-edged sword. While it may help convince a donor to give now the future needs of a charity can be difficult to […]
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