Offshore tax havens are very detrimental to the Canadian tax base and under cut our social programs.  However, the effect of offshore tax havens on the developing world is far more devastating.  I was reading a very good article by Peter Gillespie of the Canadian charity Inter Pares called “Going Offshore”  You may also find it interesting and it is located at http://www.interpares.ca/en/story/gone_offshore.php  It reminded me that a long time ago I wrote on paper on offshore tax havens and it is located at THE OECD’S REPORT ON HARMFUL TAX COMPETITION: Is ‘Harmful Tax Competition’ Actually Harmful? in which I look at the defenders of tax havens and apologists for the wealthy not paying their fair share and refute the arguments that they make. 

On July 2, 2008 the Lobbying Act came into force and many non-profits and charities are completely unaware of its existence or its effect on their activities.  Lobbying is defined broadly under s. 7 of the Lobbying Act and includes the development of any legislative proposal by the Federal Government, or lobbying on the passage, defeat or amendment of any bill or resolution, advocating for amendments to any regulation, “the development or amendment of any policy or program of the Government of Canada”, or “the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada”. Canadian non-profits and charities that do political advocacy or lobbying with the federal government need to consider whether their activities fall within the requirement to register under the Lobbying Act.  This article may be helpful in understanding whether a charity or non-profit must register.

I recently delivered a presentation to a number of international development charities in Ottawa entitled “Encouraging Bequests While Avoiding Legal and Ethical Issues”.  It covered issues such as the CRA Fundraising Policy and its effect on planned giving and bequests, 15 steps to create a basic planned giving program with or without money, 18 legal concerns with bequests to avoid, and 6 ethical issues with bequests and planned giving to be aware of.  A copy of the presentation is in PDF here.

This article discusses the T3010 and the importance of filing it accurately and on time.

This article discusses the difference between an acceptable intermediary relationship between a Canadian charity and a foreign charity or NGO (a structured arrangement) and an unacceptable arrangement such as a conduit.

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.

Here is a copy of my article ‘Bequests - Avoiding problems with the ultimate planned gift’ which was presented at a recent Ontario Bar Association Conference.

This article discusses how Canadian charities can obtain legal services in a way that will not break the bank.  This is a big problem.  According to the T3010 statistics a majority of charities spend zero on professional services which services include legal and accounting services.  This is far from desirable if one thinks that accountability, transparency, good governance and compliance with the laws are important.

Here is my updated list of Top Ten Canadian charity law issues.  Although there are many important and interesting legal issues that Canadian charities face these are some the most important issues to focus on before getting lost in the charity law forest. 

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.