The current pandemic and its impact on markets reminds us of the economic crisis of 2009-2010. Leaving aside for the experts the question of whether the pandemic has triggered or will trigger an economic crisis leading to a recession, the current volatility of financial markets is raising questions for charitable organizations and foundations about how […]
Office of the Public Guardian and Trustee (Ontario) – Statement on Accessing Funds During COVID-19 Crisis
The current pandemic and its impact on markets reminds us of the economic crisis of 2009-2010. Leaving aside for the experts the question of whether the pandemic has triggered or will trigger an economic crisis leading to a recession, the current volatility of financial markets is raising questions for charitable organizations and foundations about how to manage their investments and whether they can (and/or should) be contributing to the federal and provincial governments’ current strategy to spend, spend, spend.
Catalyst for Change: Senate’s Report on the Charitable Sector
On Thursday, June 20, 2019, the Senate Special Committee on the Charitable Sector, which was established to review the impact of the voluntary sector in Canada and the federal and provincial laws and policies governing charities and non-profit organizations, released its report, Catalyst for Change: A Roadmap to a Stronger Charitable Sector (hereinafter the “Report”). […]
Gifts of Cultural Property – Undoing Heffel
Gifts of Cultural Property – Undoing Heffel By: Karen Cooper As part of a package of measures intended to increase support for Canadian artists and cultural events, Budget 2019 included aimed at ending any lingering uncertainty around gifts of cultural property arising from the Federal Court of Justice’s decision in Heffel Gallery Limited v. The […]
Changes in Ontario to Director Remuneration
On April 1, 2018, Ontario Regulation 112/18 came into effect amending O. Reg. 4/01 (Approved Acts of Executors and Trustees, hereinafter “Regulation”) [i] under the Charities Accounting Act (the “CAA”). The new provisions modify the existing Ontario common law rule that prohibited a charity from making payments to a director (or any person related to […]
Changes to Criteria for Gifts of Cultural Property
A recent Court decision and the response to the decision by the Canadian Cultural Property Export Review Board (“CCPERB”) have significantly impacted the criteria that certain donations have to meet in order to qualify as cultural gifts within the meaning of the definition in subsection 118.1(1) of the Income Tax Act (“ITA”). In mid-June, the […]
Cutting Red Tape for NPOs and Charities – Changes to OCA
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 […]
Changes to the Canada Not-for-Profit Corporations Act – No Diversity Provisions
By: Karen Cooper As part of a legislative package intended to promote corporate transparency and diversity, Bill C-25 An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act (“Bill C-25”) introduces changes to various federal corporate laws. The main purpose of Bill C-25 […]