Canadian Charities Operating Abroad

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Bequests in Canada: 16 Steps to Creating a Planned Giving Program

Here is a copy of a presentation I recently delivered on promoting bequests to charities.  As charities seek to diversify or increase revenue, bequests become an even more important potential source.  It covers some of the advantages and disadvantages with using bequests, whether an organization should create a bequest program, 16 steps to setting up a planned giving program that emphasizes bequests, as well as legal, ethical, and practical issues to keep in mind.

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Blumbergs Canadian Charity Sector Snapshot 2011 -understanding the charity sector through the T3010

We recently reviewed the T3010 Registered Charity Information Return database for 2011 as part of the Sean Blumberg Transparency Project.  The database covers 82,000 of the 86,000 registered charities in Canada that had filed their T3010 and were processed into CRA’s Charity Listing database by November 2012.  This article provides a snapshot of the registered charity sector based on the 2011 T3010 filings.

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Blumbergs’ Snapshot of the Ontario Charity Sector 2011

We recently reviewed the T3010 Registered Charity Information Return database for 2011 as part of the Sean Blumberg Transparency Project.  We provided an overview of the whole charity sector in the Blumbergs’ Charity Sector Snapshot 2011.  We have taken a subset of the 2011 T3010 data to look at only registered charities based in Ontario.  This article provides a snapshot of the registered charity sector in Ontario based on the 2011 T3010 filings.  Here is a PDF of the Blumbergs’ Snapshot of the Ontario Charity Sector 2011.

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Canada Revenue Agency (CRA) Audits and Canadian Registered Charities

This article provides information and suggestions as to how a Canadian charity should, and should not, deal with CRA audits.  It also discusses possible CRA responses and the likelihood of each response. 

If you are being audited by the Charities Directorate of CRA you may find my article useful.

Canadian Cases dealing with Canadian Registered Charities operating outside of Canada

Recent Canadian cases such the Tel-Aviv Foundation case, The Magen David Adom case and the Bayit Leplitot case, all decided in the last few years should be of particular interest to Canadian charities that operate outside of Canada.  They all illustrate the importance of understanding and following the rules for Canadian charities operating abroad.

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Canadian Charities and Foreign Activities - A presentation on the subject

Here is a copy of my presentation on the legal requirements for Canadian charities operating abroad. The presentation discussed CRA positions and documents, case law, and various other legal, practical and ethical issues that a Canadian charity may face.

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Canadian Charities and Foreign Activities by Mark Blumberg (October 2007 Article)

This 29 page article will attempt to assist Canadian charities who are conducting or interested in conducting programs outside of Canada with some of the legal issues that they may face. It will discuss the statutory and regulatory framework for Canadian charities operating abroad, describe the permissible structured relationships and agreements; review a number of cases dealing with Canadian charities operating abroad and highlight some challenges facing Canadian charities that have foreign activities.  Canadian charities need to be aware of the rules that govern their foreign activities, some of which are contained in RC4106 (Registered Charities: Operating Outside Canada),  in order to comply with Canada Revenue Agency requirements and to avoid deregistration, intermediate sanctions, negative publicity etc. 

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Canadian Charities and Terrorism: Preventing Abuse of Your Favourite Canadian Charity

Charities, by virtue of their reputation and access to resources, in some cases make a tempting target for terrorists who are trying to acquire funds and/or legitimacy. Canadian charities need to be diligent in ensuring that their resources are used appropriately and not diverted to non-charitable uses, including terrorism. This article provides some basic guidance as to steps a Canadian charity can take to avoid having their resources misappropriated for terrorism or other inappropriate uses such as fraud.

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Canadian charities foreign activities by country and region -2006 T3010 information

In these files we list every country and the individual Canadian charities that operate in those countries according to the 2006 T3010 information.  By providing this information charities and donors will be aware of which organizations operate in each country.  This will assist charities interested in beginning a new operation to identify a source of information on a particular country or perhaps to partner with that Canadian charity instead of going it alone.  Although the Canadian Council for International Co-operation (CCIC) has a good map on its website (http://www.ccic.ca/) with information on which countries each of its members operate in, the map only covers their 100 or so members and not the 12,000 or so other organizations that operate outside of Canada.

Canadian charities operating abroad by country and region A - H charities, I - R charities, S -Z charities.  So if you are looking for a list of Canadian charities that operated in China in 2006 look at the A-H list for China - you also may want to look under Asia etc. 

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Canadian Charities Maintaining Direction and Control and Avoiding Being a Conduit

Canadian charities generally cannot just gift funds to foreign charities.  This article discusses appropriate direction and control over foreign activities and projects by Canadian charities.

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Canadian Charities Operating Abroad - Presentation to the Jewish Foundation of Greater Toronto

In this presentation I provide an overview of issues for Canadian charities operating abroad especially Jewish charities interested in operating in Israel, the US and the rest of the world.  I specifically discuss certain issues with respect to Israel and I also provide a list of all Canadian charities that identify themselves as operating in Israel or the Middle East.  The presentation also includes a list of “Jewish/Israeli” charities that operate outside of Canada ordered by the amount of the contributions over that they spend outside of Canada.

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Canadian Charities Operating Abroad and Foreign Activities - CRA Information Letters

Here are certain Canada Revenue Agency Information Letters on Canadian Charities Operating Abroad.

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Canadian Charities Operating Outside of Canada – A Statistical View

Canadian Charities Spent More Abroad in 2006 Compared to Previous Years

April 3, 2008 - CRA has just released the latest T3010 information which is for the year 2006 and it shows another large increase in funds spent by Canadian charities operating abroad. In fact in 2006 Canadian charities spent over $2.3 billion.  That is an increase of about $214 million over 2005 or about 10%. 

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Canadian Charities Working with Other Organizations that are not Registered Charities

In this article I discuss how Canadian charities can work with other Canadian or International Organizations that are not registered Canadian charities as long as they maintain direction and control of the Canadian resources.

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Canadian Non Profit and Charity Legal Audits: Forget about It!

Increased media, donor and regulatory scrutiny has resulted in more charities conducting informal legal audits to prevent problems, rather than reacting to them.

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Canadian Private and Public Foundations and International Activities

Here is my article on Canadian Private and Public Foundations and International Activities.  In this article I suggest 4 ways that Canadian Private and Public Foundations can carry on foreign charitable activities outside of Canada or assist with humanitarian relief or international development.

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Canadian Sanctions and Canadian charities operating in Zimbabwe: Be Very Careful!

Canadian charities operating in Zimbabwe need to be extremely careful.  It is not the place for a new and inexperienced charity to begin foreign operations.  In fact, only Canadian charities with substantial experience in difficult international operations should even consider operating in Zimbabwe.  It is one of the most difficult countries to carry out charitable operations by virtue of the very difficult political, security, human rights and economic situation and the resultant Canadian and international sanctions.  This article will set out some information on the Zimbabwe Sanctions including the full text of the Act and Regulations governing the sanctions.

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Cases Involving Canadian Charities and Foreign Activities

Here is the full text of certain recent Canadian cases decided in the last few years that should be of particular interest to Canadian charities that operate outside of Canada.  The 3 Federal Court of Appeal cases, namely the Tel-Aviv Foundation case, The Magen David Adom case and the Bayit Leplitot case, all deal with Canadian charities conducting foreign activities.

CRA Documents and Cases involving Canadian Charities Operating Abroad and International Development

The Canada Revenue Agency has hundreds of forms and documents that are relevant to Canadian charities operating outside of Canada on their website. Some people find the website confusing or overwhelming. The documents below are the ones most frequently accessed by Canadian registered charities that are provided by the CRA and that are relevant to Canadian Charities Operating Abroad and Canadian charities conducting International Development Activities.

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CRA releases its Guidance on “Upholding Human Rights and Charitable Registration”

CRA has released its guidance “Upholding Human Rights and Charitable Registration”.  Any Canadian charity dealing with human rights issues will want to read this document.

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CRA Top Ten Compliance Issues by Terry de March, Director General, Charities Directorate

This excellent slide presentation by Terry de March of the Canada Revenue Agency, Charities Directorate, highlights the most important compliance problems for registered Canadian face. Many charities could avoid problems by reading this article and ensuring compliance with the issues raised.

CRA’s Consultation on Foreign Activities: What is New with Canadian Charities + Foreign Activities

In this article “CRA’s Consultation on Foreign Activities: What is New and Interesting with Canadian Charities Conducting Foreign Activities” I discuss what is new in the draft consultation.

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Establishing a Canadian Non-Profit or Charity - Avoiding practical, legal and ethical problems

Here is a copy of my presentation to the Canadian Association of Paralegals on Establishing a Canadian Non-Profit or Charity - Avoiding practical, legal and ethical problems.

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Ethical Tourism may be laudable but not charitable according to the Canadian Federal Court of Appeal

In the Travel Just case CRA had refused to register an organizations whose objects were very broad.  The Federal Court of Appeal agreed with CRA.  [Subsequently the Supreme Court of Canada refused an application for leave to appeal.]

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Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

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Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
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