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Canadian Charity Law List

March 2017

FEATURED

Blumbergs' Canadian Charity Sector Snapshot 2015

We have just released our Blumbergs' Canadian Charity Sector Snapshot 2015.  Lots of interesting statistics and information on the Canadian charity sector.  As well, if you want information on individual charities checkout our charity data site at www.charitydata.caREAD MORE


2017 Canadian Federal Budget and its impact on non-profits and charities

The 2017 Canadian Federal Budget was released today.  Here is our article 2017 Canadian Federal Budget - How will it affect the Canadian charitable sector?  READ MORE


Guidance for Professional Athletes considering Philanthropy in Canada - Part 2

Kate Robertson and Mark Blumberg recently prepared Part 2 of the article series, Guidance for Professional Athletes considering Philanthropy in Canada. This article provides suggestions and tips for professional athletes (and their trusted advisors) with respect to estabishing and operating a successful Canadian registered charity. READ MORE


Fed up with ONCA yet? Consider skipping it altogether and moving to the Federal CNCA

For Ontario non-profit corporations the next few years will be challenging from a corporate law point of view. Here is our article "Fed up with ONCA yet? Consider skipping it altogether and moving to the Federal CNCA".

At Blumbergs we have been assisting Ontario non-profit corporations with corporate changes including moving to Federal jurisdiction for a number of years.  If you wish to retain our firm you can contact us. READ MORE


CRA’s Report on the Charities Program 2015-2016

AFP recently published an article of mine on the CRA’s Report on the Charities Program 2015-2016.  They noted "Statistics, while helpful, sometimes require interpretation to fully understand the context of the material being presented. Lawyer Mark Blumberg provides a summary of the key takeaways from the Canada Revenue Agency's 2015-2016 Report on the Charities Directorate and Sector."  Here is the article CRA’s Report on the Charities Program 2015-2016. READ MORE


CANADA REVENUE AGENCY

IRFAN Canada makes application to Federal Court to remove terrorist designation

A number of Canadian charities have been revoked by CRA for various reasons including supporting terrorism. One of those organizations was The International Relief Fund for the Afflicted and Needy (Canada) or IRFAN Canada. It lost its charitable status in 2011.  Subsequently in 2014 it was added to the list of terrorist organizations maintained under the Criminal Code.   Apparently a request had been made by IRFAN Canada to the Minister of Public Safety to de-list the applicant from the list of terrorist organizations. On December 22, 2016, the Minister of Public Safety denied the request. Now IRFAN Canada has made an application to Federal Court for judicial review to set aside the denial. READ MORE


CRA sending out notices on T3010 filings

Here is a redacted copy of a notice sent by the Charities Directorate of CRA reminding charities of their filing date and the consequences of not filing the T3010 Registered Charity Information Return within 6 months of the end of your fiscal year.   READ MORE


Government of Canada to combine all Federal government websites into Canada.ca

The consolidation of all Government of Canada websites into one domain at www.canada.ca has started.  In theory, this is an opportunity to have a more streamlined, secure government website.  I have two concerns about how this will affect charities.  READ MORE


MISCELLANEOUS

Can Canadian private foundations invest in limited partnerships?

There are many rules and restrictions on Canadian private foundations and their investments.   In 2015, the Federal government gave private foundations greater ability to invest in limited partnerships.   If certain conditions are met from a CRA Income Tax Act perspective, a private foundation can invest in limited partnerships.  Keep in mind that there are also corporate, trust law and fiduciary requirements that need to be complied with.   READ MORE


Lawsuit in BC over search and rescue charity’s allegedly deceptive fundraising

The Vancouver Sun recently reported that North Shore Rescue is suing the Search and Rescue Society of B.C. over allegations that the latter group has been using the name of the North Shore Rescue to raise money.  It will be interesting to see what happens with this lawsuit. There is also a CBC article discussing these issues entitled, "SARBC 'extremely shocked' over North Shore Rescue fundraising lawsuit". READ MORE


“Charity finances: trustee essentials” - great information on financial management of a charity

The Charity Commission has recently updated  their guidance, "Charity finances: trustee essentials".  It provides helpful information on finances that Canadian directors and trustees, as well as staff, should be aware of.  The law in Canada is obviously different than in England and Wales with respect to certain legal issues, but this is a good reference point for charities and non-profits as CRA does not provide much guidance to the charity sector on financial management and governance.   READ MORE


Australian charity commission to crack down on inappropriate political activities by charities

Recently there was an article posted in The Guardian entitled, Charity regulator to crack down on political advocacy after complaints which discusses how the Australian Charities and Not-for-profit Commission (ACNC) has cracked down on certain political activities by charities in Australia.  The ACNC is asking for less secrecy and more transparency with respect to charity compliance issues in Australia. Here is a link to the ACNC Charity Compliance Report 2015-2016. READ MORE


FTC & NASCO Conference on Consumer Protection Issues and Charitable Solicitations - online/free

The Federal Trade Commission (FTC) and National Association of State Charities Officials (NASCO) have organized a conference called "Give & Take: Consumers, Contributions, and Charity" on Tuesday March 21, 2017.   It was in Washington but was also live streamed for free and it is now available in video. There was some very good presentations by charity academics, top fundraisers and various regulators.    READ MORE


Charity Commission concerned that “poor due diligence and monitoring put charity assets at risk”

The Charity Commission of England and Wales recently released an Inquiry Report on a UK charity that identified concerns with fundraising and foreign activities.  There were a number of concerns raised but perhaps most interesting is the discussion around due diligence and internal controls, and specifically "receipts, invoices or other documentation to support the project expenditure".    READ MORE


UPCOMING PRESENTATIONS

OHA “Strengthening Foundation Governance: Current Issues, Challenges and Solutions” 2015

Mark Blumberg will be presenting to the Ontario Hospital Association's third annual Strengthening Foundation Governance Workshop on May 22, 2017. READ MORE


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


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