By Joel Secter On the heels of Jian Ghomeshi’s firing from the CBC and the suspension of two Liberal MPs from caucus, Canadians are talking about sexual harassment. Although not a topic that is typically associated with the philanthropic sector, charities and non-profits are not immune from dealing with these types of issues. In fact, […]
Another Refusal to Register Appeal Fails at the FCA
By Arthur B.C. Drache CM QC It is more for the record that we report on the most recent failure of an organization to get registered as a charity and to have that rejection upheld by the Federal Court of Appeal. The organization, Humanics Institute,1 despite knowing that it has been more than a decade since […]
It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions
By Alexandra Tzannidakis In the public mind, the idea of tax credits for giving to ‘good causes’ sometimes leads to confusion and conflation of charitable tax credits and political tax credits. The truth is that charities and political causes are legally very distinct concepts (there is no such thing as a political charity) and although […]
My Year End Dream
By C. Yvonne Chenier QC If I had time to dream at this time of the year, I would certainly conjure up the kind of vision found in a certain famous Christmas poem originally attributed to an anonymous author in the 1800s. My 2014 version would go something like this: ‘Twas the month before […]
A New Policy Idea – Tapping the Wealth of RRSPs
By Adam Aptowitzer It should go without saying that the system for charity regulation in Canada is extremely complex. Part of the reason for this situation is that the system is essentially part of a larger one dedicated to the imposition of an income tax. Typically this is seen in the registration of a […]
Accessibility for Ontarians with Disability Act (AODA) Part II
By Mark S Anshan In adopting a policy that will include practices and procedures setting out how goods and services will be provided to people with disabilities (a requirement under the Act), reviewing and adopting the elements set out in the Ontario government regulation enacted pursuant to the Act, Ontario Regulation 429/07 – Accessibility […]
Social Enterprise Movement is Gaining Momentum
By Yvonne Chenier Q.C. The social enterprise movement is gaining momentum in the non-profit and charitable sectors. There are frequently articles in the popular news about “successful” not-for-profits expanding their activities to include revenue generating activities. There are enterprises like the old standby enterprise of selling used clothes and goods, but we hear more about […]
Unincorporated Religious Organizations and the Neutral Principle of Law Doctrine
By Tanya Carlton The Ontario Court of Appeal recently released its judgment in Pankerichan v. Djokic, 2014 ONCA 709, which involved a church property dispute between members of an unincorporated Serbian Orthodox Church in Hamilton and the Bishop and Diocesan Council members of the Serbian Orthodox Diocese of Canada. The church properties at issue were […]
Social Enterprise and HST
By Karen J. Cooper With the increase interest and involvement in social enterprise and other revenue-generating activities, charities are often unsure whether such revenue-generating activities requires them to collect and remit HST, similar to the for-profit sector. The following article discusses how HST affects charities, and specifically how HST affects charities that raise funds from […]
Web Site Risks
By Arthur B. C Drache These days there are likely few charities which do not have a web site which gives information about the organization, tells about its charitable objectives and often is a vehicle for fund-raising. But as important as the web site is, it is crucial that one carefully monitor the material which […]
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