By Arthur B. C Drache Over the years, one of our themes has been the need to take steps to protect an organization’s assets even from the possible depredations of employees and volunteers. While no single step can offer complete protection, one of the most basic protective approaches is to require at least two signatures […]
The Evolving Law of Charitable Gifts
By Alexandra Tzannidakis, LL.B. The lack of a statutory definition of a “gift” has created ongoing problems between taxpayers and the Canada Revenue Agency in regards to charitable donation tax receipts. Ultimately, the various disputes that arise are settled by the courts, who in the process fulfil their common law role of whittling away at […]
The Alberta Advantage
By: C. Yvonne Chenier In typical majority government style (at least in Alberta) the PC Government brought in surprise and fast changes that will affect the non-profit sector in Alberta and even elsewhere in Canada. Bill 12 the Statutes Amendment Act, 2014, was introduced in the waning moments of the 2014 spring session of the legislature. […]
ONCA: Two Steps Forward, One Step Back
By Joel Secter The Ontario election called for June 12th has delayed proclamation of the Ontario Not-for-profit Corporations Act, 2010 (ONCA) yet again. You may recall a previous update when we reported that the ONCA could not come into force until a series of technical amendments to it and a multitude of other statutes were approved in […]
HST and Sponsorships for Charities
By Karen J. Cooper Charities are often unsure whether soliciting and accepting corporate sponsorships 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 solicit sponsorship money. It is important to note from the outset of this article […]
Directors’ and Officers’ Duties under the CNCA
By Tanya Carlton Many individuals throughout Canada volunteer their time on the Boards of either charities or not-for-profits (“NPOs”) without realizing the duties imposed on them as a result of their position within the organization. Before accepting a position with a federally incorporated organization, individuals should ensure they know what is expected of them under […]
Close Encounters of Special Act Corporations
By Joel Secter The Canada Not-for-profit Corporations Act (CNCA) establishes a new set of rules for not-for-profit corporations in Canada. These new rules replace the Canada Corporations Act (CCA). Part 19 of the CNCA applies to any corporation without share capital incorporated by a special act of Parliament and not continued under another act. For […]
A Charitable Executor
By C. Yvonne Chenier Q.C. Recent conversations with friends and clients in the charity and non-profit world have given me cause to ponder and investigate the question of whom or what can act as an executor of an estate. This question is an important one today. In generations past, many did not live long enough […]
Donations In Kind and Appropriate Due Diligence
By Mark S. Anshan Charities need to be vigilant when accepting donations in kind. These include any non-monetary items, such as art, rare books, equipment and materials, personal objects of value, real property and computer-related assets. Receiving such donations is quite acceptable, but only after proper due diligence and professional advice is sought and followed. […]
Community Foundations as a Wind-Up Destination
By: Arthur B. C Drache C.M., Q.C. When the Income Tax Act was re-written back in 1976 to create a whole new regime for charities (what is now embodied in section 149.1) one of the most far-reaching changes was the requirement for all charities to file public information returns, though by today’s standards the forms […]
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