The Impact of Business Activities on Your Organization by Brent Randall If you operate an organization that engages in business activities (which CRA defines as deriving revenues from the provision of goods and/or services), the nature and goals of this business can help determine whether charitable registration is suitable for your group. Charities are able […]
A Fiduciary Obligation
A Fiduciary Obligation Does Not (Necessarily) a Fiduciary Make By Joel Secter Regular readers may recall the article we wrote (click here) on the topic of officer liability. There we commented on circumstances in which officers of corporations under the Canada Not-for-profit Corporations Act (CNCA) (whether continued to it or incorporated there) will be exposed […]
Ideas for Advanced Fundraising
IDEAS FOR ADVANCED FUNDRAISING by Adam Aptowitzer Given the competition for donor dollars it is surprising that gifts of non-qualified securities do not attract more attention. These types of securities are usually shares or debt of private corporations. As private corporations and their shareholders form a significant segment of the Canadian economy, charities can ill […]
Non Profit Organizations and the Income Minefield
Non-Profit Organizations and the Income Accumulation Minefield By Alexandra Tzannidakis Under section 149(1)(l) of the Income Tax Act, entities that meet the definition of a “non-profit organization” (NPO) are exempt from paying federal income tax. The section defines an NPO as a club, society or association that is not a charity but is organized and […]
If They Were So Prescient, How Did They Not See That Coming?
If They Were So Prescient, How Come They Did Not See That Coming? By Adam Aptowitzer On May 1st, 2013 the Federal Court of Appeal issued its judgment in the Prescient Foundation[1]. The case itself was notable not simply because of the decisions rendered by the Court on the questions in issue, but also (and […]
Getting on Board with the CNCA
Getting on Board with the CNCA By Alexandra Tzannidakis You may have heard this already, but apparently it bears repeating: All charities and non-profit organizations incorporated under Part II of the Canada Corporations Act need to actively ‘continue’ to the new Canada Not-for-profit Corporations Act if they wish to stay in business. The new Act […]
Membership is About Control
Membership is About Control By Joel Secter Though we advise charities and non-profits at all stages in their evolution, we typically get involved in the start-up phase. At the start up phase we often recommend incorporation, most notably because of the limited liability protection it provides. Our discussions with clients invariably lead to the roles […]
Good for the Goose, Not Apparently for the Gander
Good For The Goose, But Not Apparently For The Gander By C. Yvonne Chenier, Q.C For the last few years all registered Canadian charities have had to list compensation information on Schedule 3 of their T3010 registered charity information return. Not only is the total compensation amount for all employees shown, charities have had to […]
Personal Political Activity
Personal Political Activity By Arthur Drache, C.M. Q.C. About eighteen months ago David Suzuki, the high profile environmentalist, did a video endorsing the Ontario Liberal government’s environment policies during a the provincial election. Questions were raised as to whether this somehow would be translated into “political activity” by the Suzuki Foundation.a charge made by another […]
CRA Helps Canadian Find the Right Charity
CRA HELPS CANADIAN FIND THE “RIGHT” CHARITY C. Yvonne Chenier, Q.C. In 2012 the Canada Revenue Agency, Charities Directorate created “quick view”, a graphic display of the information presented by a charity on their annual T3010 form. Now, in 2013 the CRA is tweeting about and otherwise promoting the existence of this quick view presentation […]
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