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Canadian Charity Law List

June 2013

FEATURED ARTICLES

Blumbergs’ Canadian Charity Law Institute 2013 - corporate law, CRA compliance and more

On October 15, 2013, Blumbergs will be having the 2nd Annual Blumbergs’ Canadian Charity Law Institute in Toronto. It will be a full day of practical legal and ethical compliance information geared toward charities, professional advisors and those interested in regulatory issues affecting charities. Take advantage of our early bird special. READ MORE


Ontario government ONCA Legislative Amendments affecting 86 statutes

The Ontario Government has introduced The Companies Statute Law Amendment Act, 2013 on June 5, 2013 which contains proposed consequential, clarifying and transitional amendments which are necessary to support proclamation of the ONCA, which received Royal Assent in October 2010 and is targeted to come into force no earlier than January 2014.  READ MORE


New CRA Application for “Municipal or public bodies performing a function of government in Canada”

The CRA has just released its new process for recognizing "municipal or public bodies performing a function of government in Canada".  This will be of particular interest to Aboriginal bands, school boards and others who may wish to obtain this recognition as it makes them a qualified donee and therefore able to issue official donation receipts and also more easily receive funds from other Canadian charities. READ MORE


CANADA REVENUE AGENCY

Federal Court of Appeals decides Prescient Foundation appeal

The Federal Court of Appeal released a judgment on May 1, 2013 relating to the revocation of the Prescient Foundation. READ MORE


Charities Media Kit now available on CRA website

CRA has released a ‘Charities Media Kit’ which is now available on its website at the CRA Newsroom Page at http://www.cra-arc.gc.ca/chrts-gvng/md-kt/menu-eng.html. READ MORE


Director General Cathy Hawara’s speech at the National Charity Law Symposium

CRA has published the Director General’s speech that was presented at the Canadian Bar Association’s National Charity Law Symposium in May by Cathy Hawara. READ MORE


CRA letter on Leveraged Donation Arrangements

CRA recently released a letter which gives CRA’s views on providing advance tax rulings in respect of leveraged donation arrangements. READ MORE


GST/HST Ruling - Determining if an entity is a non-profit organization

The Excise and GST/HST Rulings Directorate of the CRA released a ruling in March regarding the application of the Goods and Services Tax (GST)/Harmonized Sales Tax (HST) in determining whether an entity is a non-profit organization. READ MORE


FCA overturns TCC in Guindon case - reinstates third party civil penalties for charity tax scheme

The Federal Court of Appeal (FCA) has overturned a Tax Court of Canada (TCC) decision in Guindon.  The FCA found that, in this case in which no notice of constitutional questions was served by Guindon, “the Tax Court did not have the jurisdiction to find that section 163.2 of the Income Tax Act creates an offence, triggering the rights under section 11 of the Charter.” READ MORE


CRA releases new guidance on “Charitable Purposes and Activities that Benefit Youth”

This new CRA guidance will be of interest to organizations that deal with youth and are interested in charitable status or are currently registered charities. READ MORE


MISCELLANEOUS

Report “Evaluation of the Tax Policy Branch” from the Canadian Department of Finance

A final report entitled “Evaluation of the Tax Policy Branch” has been prepared by the Internal Audit and Evaluation of the Dept. of Finance.  Those interested in tax policy may find it interesting. READ MORE


Community Foundations of Canada 2013 Conference in Winnipeg -some interesting stats

The CFC 2013 Conference was held in Winnipeg.  I delivered a presentation on dealing with non-qualified donees.  In honour of the conference and as part of the Sean Blumberg Transparency Project we have prepared some statistical information on the community foundation sector in Canada.  READ MORE


Blumbergs Canadian Charity Sector Snapshot 2010 -a little more perspective on the sector

In March 2013 we published the “Blumbergs Canadian Charity Sector Snapshot 2011”.  Now here is Blumbergs Canadian Charity Sector Snapshot for 2010 which will allow those who are interested to compare the 2010 and 2011 snapshots READ MORE


Vancouver Sun “Behind the Rick Hansen Foundation” article

The Vancouver Sun has published an article entitled “Behind the Rick Hansen Foundation”.  In the article investigative reporter David Baines discusses financial matters and fundraising by the Rick Hansen Foundation. READ MORE


David Baines retires from Vancouver Sun - long distinguished career with 3,887 stories

David Baines recently retired from the Vancouver Sun.  He will be missed.  He was prepared to cover stories that others were not.  He notes "I learned that it takes money, not just to publish stories, but also to defend them. I am fortunate to have worked for a newspaper that has the means and mindset to do both, and to have had great libel lawyers ... to guide me through this jungle.  It also takes guts to supervise this sort of reportage. Any editor who approves a contentious story has to be a strong and confident person. Lawsuits, if they do not go well, can break careers. I am fortunate to have had fearless editors over the years, most notably our erstwhile editor-in-chief, Patricia Graham." READ MORE

Blumbergs’ Canadian Charity Law Institute 2013 - corporate law, CRA compliance and more


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

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