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New CRA Guidance: Charitable Status for Internal Divisions

November 20, 2017

By: Alexandra Tzannidakis Many larger charities are structured in such a way that there is a head organization with subordinate divisions operating below it. For example, a charity that operates across the country may do so by way of local ‘chapters’ overseen by a main organization, or a religious governing body may have several related […]

Filed Under: Articles, Charities - Current Articles Tagged With: Alexandra Tzannidakis, CRA guidance, Drache Aptowitzer LLP, internal division, subordinate registration

Social Investment changes in Charities Accounting Act

October 17, 2017

By: Alexandra Tzannidakis Among other things, Bill 154 (the proposed Cutting Unnecessary Red Tape Act) makes significant changes to the Charities Accounting Act (“CAA”). The changes give charities increased freedom and certainty in making “social investments” where the focus is mission-related results rather than financial benefit to the charity. A brief backgrounder is in order […]

Filed Under: Articles, Charities - Current Articles Tagged With: Alexandra Tzannidakis, CAA, Charities Accounting Act, Drache Aptowitzer LLP, social investment, social investments, trust property, trustees

Cutting Red Tape for NPOs and Charities – Changes to OCA

October 12, 2017

By: Karen Cooper On September 14, 2017 the Honorable Brad Duguid (irony?), Ontario’s Minister of Economic Development and Growth introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017, (“Bill 154”) as part of a government initiative to reduce red tape – red tape is an idiom that refers to excessive regulation or formal rules.  Bill […]

Filed Under: Articles, Charities - Current Articles Tagged With: (NFP), amendments to OCA, Bill 154, Corporations Act of Ontario, Karen Cooper, not for profit corproations, OCA, ONCA, Ontario Not for Profit Corporations Act

Bill 154 & the ONCA – Two Steps Forward, One Step Back

October 12, 2017

By: Sylvie Lalonde Those of us who work in the not-for-profit sector have been eagerly waiting for some developments with respect to the Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”). On September 14, 2017, the Ontario government introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017, which contains the enabling legislation that will allow the […]

Filed Under: Articles, Charities - Current Articles Tagged With: Bill 154, Changes to OCA, ONCA, Ontario Not for Profit Corporations Act, Sylvie Lalonde

Opportunity is Knocking for Charities Sector- LOUDLY

October 12, 2017

By: Adam Aptowitzer The tax proposals currently the subject of much public discussion have more or less bypassed the charities sector. Indeed, the changes will not directly affect the regulation of donations or the charities themselves. However, indirectly, the reduction of taxable income in the hands of Canadians will undoubtedly lead to a reduction in […]

Filed Under: Articles, Charities - Current Articles Tagged With: Adam Aptowitzer, C.D. Howe Institute, charitable tax credits, donate shares, donation, opportunity for charities sector, private shares, privately held securities, tax credits

Rules Around Raffles: Don’t Get Sent Up the River for Sending Rubber Duckies down the River

September 15, 2017

By: Kara Johnson Raffles (or, properly speaking, raffle lotteries) can be a fun, efficient, and relatively non-labour-intensive means of making moderate amounts of money for a not-for-profit or charity.  Did you know, however, that the regulatory framework governing raffles (charitable gaming) ultimately flows from the Criminal Code?  That’s right; if you don’t want to get […]

Filed Under: Articles, Charities - Current Articles Tagged With: AGCO, Alcohol and Gaming Comission of Ontario, charity lottery, charity raffle, Drache Aptowitzer LLP, Kara Johnson, Ontario lottery, raffle, raffle license, raffle rules, rules for raffles

CRA and the CHAMP

September 14, 2017

By: C. Yvonne Chenier Those of us, who deal with the Canada Revenue Agency Charities Directorate (the “CRA”) on behalf of clients on a regular basis, have often lamented about the old fashioned ways of communicating and filing that they use, i.e. telephone, fax and snail mail or courier. But similar to how businesses and […]

Filed Under: Articles, Charities - Current Articles Tagged With: C. Yvonne Chenier, CHAMP, Charities Directorate, charities online portal, Charity Portal, Yvonne Chenier

Small Change Large Consequences

September 14, 2017

Ontario’s Regulatory Change to the Payment of Directors By: Adam Aptowitzer  The system of Charity Law which Canada inherited from Britain upon Confederation was focused on the need to protect charitable property. Part of this system included rules which forbade those with control of such property from benefiting from it. These rules are still in […]

Filed Under: Articles, Charities - Current Articles Tagged With: Adam Aptowitzer, Charities Accounting Act, Director Payment, Ontario Charities, property, undue benefit

Withholding

July 17, 2017

By:  Adam Aptowitzer Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for […]

Filed Under: Articles, Charities - Current Articles Tagged With: Adam Aptowitzer, Charity withholding, non-resident contractors, withholding taxes

Foregoing Naming Rights and Anonymous Gifts

July 14, 2017

By:  Arthur Drache An article in the Globe and Mail which appeared on line in June[1]highlighted a number of major gifts for which the donor did not ask for naming rights and indeed and personal recognition. For example, Judy Matthews and her husband, investment banker Wilmot Matthews, have previously made donations to develop public spaces […]

Filed Under: Articles, Charities - Current Articles Tagged With: anonymous donation, anonymous gifts, Arthur Drache, charitable donation, Drache Aptowitzer LLP, no-name donation, religious donations

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