We assist Canadian charities, their staff and boards of directors, to understand their legal and ethical obligations when operating a Canadian registered charity and provide insights and information to non-Canadian charities interested in operating or fundraising in Canada.

The charitable sector in Canada has become more challenging. It is highly competitive with over 86,000 Canadian registered charities. As well donors, regulators, media, the public as well as other stakeholders, have increasingly high expectations of charities and how they operate. We assist charities in Canada grapple with these important legal and standards issues.

July 27, 2017

NYT coverage of Canadian donation to NS gallery and CPERB process

The New York Times recently had an article Canada Debates Whether Gift of Leibovitz Photos Is Also a Tax Dodge which discusses a donation of photographs taken by Annie Leibovitz.  There was also coverage in the CBC, another CBC and Toronto Star.   The story is fascinating as it involves celebrities, tax incentives, valuation, and cultural property all in one.    

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July 25, 2017

Charities Directorate now using generic email address for certain purposes.

In general if you have in the past sent documents to CRA it was done through mail, courier or fax.   CRA recently introduced an email address charservg@cra-arc.gc.ca as an alternative option for communicating with CRA in certain circumstances.  On CRA's website it has the email address only for their page Changing a charity’s director, trustee, or like official information.

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July 23, 2017

Coverage of recent revocations of two charities by the Canada Revenue Agency

Global News recently had coverage entitled "Government revokes group’s charity status, audit cites possible funding of Pakistani militants" which discusses two recent revocations of Canadian charities.

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July 12, 2017

Ontario government consulting on compensation of charity directors with court order

The Ontario Government is looking at adding a regulation to the Charities Accounting Act that would allow in certain circumstances compensation for directors without specific legislation or court order.  "The regulation would authorize incorporated charities to pay their directors and persons related to them, for goods, services, or facilities, without obtaining a court order, provided specific conditions are met."   I have some concerns with the proposal and will blog in the future about that.  The proposal was posted on July 10, 2017 and comments are due by August 29, 2017.

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July 10, 2017

Now easier for non-profit corporations to move from Ontario to Federal jurisdiction

The Canada Not-for-profit Corporations Act (“CNCA”) permits a not-for-profit corporation that is incorporated under another act (such as a provincial non-profit act) to continue (import) to the CNCA provided that the other act permits the continuance. This allows a not-for-profit corporation to effectively re-incorporate under the CNCA and be governed by it as though it was incorporated under it. The Federal government has now made it easier for Ontario corporations to move to Federal.  This will be helpful for some of the 50,000 Ontario corporations who may wish to skip ONCA and move directly to the CNCA. 

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July 08, 2017

CRA website to move on July 11, 2017 and that includes Charities Directorate

The Canada Revenue Agency's website, which includes the Charities Directorate, will apparently be moving to the new www.canada.ca domain on July 11, 2017.  The old CRA pages will remain up during the interim period of the move.   Hopefully those visitors who go to pages on the old website will be automatically redirected to the new website.

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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.

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