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. 

12,320 Canadian registered charities spent over $2.1 billion outside of Canada in 2005.  The details are provided.

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. 

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

Canadian non-profits that do NOT have charitable status have their own legal requirements, which are different from those of registered charities.  Such non-profits generally have greater flexibility in terms of activities, however, they do not have some of the advantages of registered charity status, such as the ability to issue tax receipts. 

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.

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

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.

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.