What's New from the Charities Directorate of CRA

January 04, 2017

CRA’s Report on the Charities Program - useful information on the Canadian charity sector

The CRA released a report today entitled Report on the Charities Program.  It has lots of useful information on the charity sector, regulation of charities, statistics relating to the Charities Directorate and various new developments.  

read more

December 28, 2016

Ignorance isn’t bliss for large registered charities anymore as CRA focuses audits on them

CRA uses a risk based approach to deciding which charities are to be audited.  CRA a few months ago announced they are adjusting their audit strategy to focus more on larger Canadian registered charities. I guess someone in the past might had thought that smaller organizations, many without any staff, might be less legally compliant and they should be focused on. I guess someone now at the Charities Directorate has worked out that larger organizations have a large amount of resources, generally a lot more complexity and are to be non-compliant with the requirements of the Income Tax Act and such non-compliance could affect much larger amounts of resources.

read more

December 27, 2016

CRA closes consultation on political activities with a press release

The CRA has recently completed a 2 1/2 month consultation with Canadians on the ability of Canadian charities to conduct political activities. Here is the full text of the CRA press release on the closing of the political activity consultation on December 14, 2016:

read more

December 27, 2016

What is a “development project” and how can this add further flexibility to foreign activities

CRA's Guidance CG-002, Canadian Registered Charities Carrying Out Activities Outside Canada discusses a "development project".  The guidance provides Canadian registered charities greater leeway in certain instances when conducting a "development project" to be able to hand over capital assets and immovable assets to a foreign non-qualified donee.  I have always thought that a development project would be carried out in what is referred to as the Global South/Third World/Developing Countries (the "South") and would be trying to reduce poverty, promote education, improve the environment, or improve access to health care to provide some examples.

read more

December 27, 2016

CRA’s Alphabetical index of all policies and guidance

CRA has had an alphabetical index of all policies and guidance relating to charities.  This is a very helpful tool for charities wanting to see if CRA has a position on a particular issue.  The only problem with the list is that for a lay person they often do not know which guidance is related to the issue at hand and sometimes useful information is hidden in the appendix of a guidance.   Some of the material is also dated or picayune and not of much relevance to charities just wanting to operate with the legal requirements of the Income Tax Act.   

December 21, 2016

CRA releases new form for charities to change director, trustee, or like official information

The Charities Directorate of the Canada Revenue Agency (CRA) recently released a new form which allows charities to easily update CRA on any changes to their directors, trustees or like officials.  The Charities Directorate will not speak to an individual on matters relating to a Canadian registered charity unless they are an authorized representative of the charity so it is important that CRA has up to date and accurate information on file relating to a charity's directors, trustees or like officials.

read more

December 09, 2016

CRA releases new Guidance on Relieving conditions attributable to being aged

Canada Revenue Agency recently released a new CRA guidance, CG-026, Relieving conditions attributable to being aged and charitable registration that replaces the previous CPS-002 Relief of the Aged CRA guidance. 

read more

November 27, 2016

Upcoming Webinars for the Canadian Charity Law Association

The Canadian Charity Law Association is delivering some upcoming webinars.  Registration is free but space is limited. 

read more

November 25, 2016

CRA has released a folio on “Split-receipting and Deemed Fair Market Value”

CRA has just released a chapter in their Income Tax Folio series for charities and non-profit organizations.   The new part is S7-F1-C1, Split-receipting and Deemed Fair Market Value.  Income Tax Folios are CRA’s official summary of its interpretation on certain income tax matters and this is the first chapter for Folio 1 Charitable Gifts and Deductions. The new folio relates to subsections 248(30) to (41) of the Income Tax Act (Canada), which contain the split-receipting rules and deemed fair market value rule.

read more

November 24, 2016

Recording available for CCLA webinar by Mark Blumberg on CRA’s political activities consultation

Mark Blumberg recently presented a webinar for the Canadian Charity Law Association (CCLA) to discuss CRA’s consultation on political activities and the importance of Canadian charities conducting political activities.   The deadline for submissions to CRA has been extended to December 14, 2016.

read more

November 24, 2016

Submissions being accepted for Canada’s Volunteer Awards

Employment and Social Development Canada is running the Canada’s Volunteer Awards program, to recognize the outstanding contributions of individual volunteers, not-for-profit organizations and businesses in Canada that are helping communities. 

read more

November 24, 2016

CRA providing electronic version of Form T2081

CRA recently announced that the mailing of a printed copy of the Form T2081, Excess Corporate Holdings Worksheet for Private Foundations will no longer be sent out to affected charities. However, this form will be accessible to affected charities on the CRA website.  

read more

November 24, 2016

Deadline for CRA consultation submissions on political activities extended

CRA recently announced that the deadline for online submissions for its political activities consultation has been extended to December 14th, 2016.  The CRA is looking for feedback on the rules and CRA's guidance relating to political activities. You can email your submissions to CRA at consultation-policy-politique@cra-arc.gc.ca.

November 09, 2016

Some basic questions charities should ask if they are considering political activities

If your charity is considering conducting political activities here are some basic questions you might want to ask:

read more

November 03, 2016

Mark Blumberg’s article “CRA consultation on political activities – to submit or not to submit?”

I recently wrote an article for Hilborn entitled "CRA consultation on political activities – to submit or not to submit?"  Here is the text of the article:

read more

November 03, 2016

CRA is now including a T3010 reminder notice in Notification of Registration letters

Recently we noticed that CRA is now including a T3010 reminder notice in the Notification of Registration letters being issued to new Canadian registered charities. The reminder notice relates to the due date of the charity's annual information return with CRA.  

read more

November 03, 2016

CRA releases new educational video series on ‘Gifting and Receipting’

CRA recently released its first video as part of a new educational video series on 'Gifting and Receipting'.  This series is meant to educate the public, donors, and those involved in the charitable sector on the type of donations that are tax-receiptable and the different CRA rules regarding receipting.  

read more

November 02, 2016

An ICN Webinar – CRA Regulations and the Political Activities of Charities

I am pleased to be co-presenting to the ICN a webinar on "CRA Regulations and the Political Activities of Charities".

read more

October 29, 2016

Blumbergs’ Snapshot of the Ontario Charity Sector 2014 - focus on Ontario registered charities

We are proud to present the Blumbergs’ Snapshot of the Ontario Charity Sector 2014.  The data subset used is the CRA's 2014 T3010 data but only for registered charities based in Ontario.   

read more

October 26, 2016

CCLA Webinar to discuss the CRA’s new consultation on political activities with Mark Blumberg

As many know the CRA has launched a consultation on political activities by Canadian charities.  The Canadian Charity Law Association will be having Mark Blumberg present a webinar on the consultation and various ways of responding or not responding to it. The webinar will be on Tuesday, November 15, 2016 at 12:00PM EST.  You can register here for the webinar.  It is free but there is limited space.  

read more

October 26, 2016

UK Charity Commission finds misconduct by charity due to deficient safeguarding procedures

The UK Charity Commission has published a report regarding its inquiry into a registered charity (the Bristol Community Church Trust). The inquiry started in 2011 and related to sexual abuse allegations that were made against the charity's youth pastor and the inadequacy of the charity's internal safeguarding practices with respect to their response to these allegations.  

read more

October 22, 2016

Charities Directorate Political Activities Education and Information Plan

As part of the CRA focus on political activities the CRA did some educational activities and awareness raising about the rules for Canadian charities conducting political activities.  Here is a copy of the Charities Directorate Political Activities Education and Information Plan.

October 18, 2016

CRA letter on improvement districts qualifying as a municipal or public body

CRA has released a letter which discusses whether improvement districts, particularly in British Columbia, would be considered municipal or public bodies performing a function of government for the purpose of paragraph 149(1)(c) and therefore able to issue donation receipts as a qualified donee. CRA determined that improvement districts could qualify as a municipal or public body performing a function of government because they have a governance function, and exercise powers similar to those of municipalities (whether providing one or several services to the public).  Here is a copy of the full CRA letter.  

read more

October 15, 2016

CRA Q&A on Charity Sector regulation and political activities

Here is a CRA Questions and Answers on Charity Sector regulation and political activities from 2012 that was obtained through access to information.  It discusses the Charities Directorate's role, strategic priorities, how charities will be selected for audit, and other matters.

October 08, 2016

Draft CRA Communications Strategy in January 2013 on charities and political activities

Here is the Draft CRA Communications Strategy from January 2013 on charities and political activities. The comms strategy discusses CRA's response to the 2012 Federal Budget changes affecting Canadian charities and political activities.    

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

Contact

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
Download vCard

Connect

Locate

Blumberg Segal LLP
Barristers & Solicitors
#1202 - 390 Bay Street
Toronto, Ontario
M5H 2Y2 Canada

Charity Law List

Join Blumbergs' non-profit and charities newsletter
View recent issue: December 2016