Fundraising Guidance for Registered Charities

March 30, 2017

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.ca

March 17, 2017

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

The Vancouver Sun is reporting that North Shore Rescue is suing the Search and Rescue Society of B.C. over allegations that the latter groups has been using the name of the North Shore Rescue to raise money.  It will be interesting to see what happens with the lawsuit.  Here is the article "Charity denies wrongdoing in lawsuit over search-and-rescue fundraising".  There is also a CBC article entitled "SARBC 'extremely shocked' over North Shore Rescue fundraising lawsuit".

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March 16, 2017

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) are organizing a conference called "Give & Take: Consumers, Contributions, and Charity" on Tuesday March 21, 2017.   It will be in Washington but it will be live streamed for free for those who are interested.  The live link will be available on the day of the conference.  

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February 12, 2017

More CRA guidance on cause-related marketing by Canadian registered charities

The CRA has added a page on cause-related marketing page to the receipting part of their website.  The CRA seems largely concerned that in some cases no official donation receipt should be issued when there is a cause related marketing arrangement between a Canadian charity and a for-profit company.

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January 22, 2017

The second best Canadian registered charity transparency tool has been improved

In August 2016 we launched a website to improve transparency on Canadian registered charities.  It is at www.charitydata.ca  We have just made a number of improvements to the website.

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January 04, 2017

CRA’s Report on the Charities Program - useful information on the Canadian charity sector

The CRA released a report today entitled Report on the Charities Program.  It has lots of useful information on the charity sector, regulation of charities, statistics relating to the Charities Directorate and various new developments.  

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October 29, 2016

Blumbergs’ Snapshot of the Ontario Charity Sector 2014 - focus on Ontario registered charities

We are proud to present the Blumbergs’ Snapshot of the Ontario Charity Sector 2014.  The data subset used is the CRA's 2014 T3010 data but only for registered charities based in Ontario.   

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May 25, 2016

Total revenue received from all sources outside Canada by Canadian Registered Charities in 2014

Here is our article "Total revenue received from all sources outside Canada by Canadian Registered Charities in 2014".  It provides a list of Canadian charities that received foreign income in their 2014 fiscal year.  Foreign income for Canadian charities has risen to $1.8 billion - making it an important and growing source of revenue for Canadian charities.  

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April 10, 2016

Opportunities for the Disabled Foundation v. The Queen (FCA) - charity revoked

The Federal Court of Appeal has dismissed an appeal from the Opportunities for the Disabled Foundation v. The Queen (FCA).

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April 08, 2016

Charities and non-profits may need to register in Alberta for charitable fundraising

Many non-profits and charities are not aware of the charitable fundraising regulations in Alberta. If a non-profit or charity is fundraising in Alberta and meets specific criteria under the Charitable Fundraising Act (the 'Act'), it may need to be registered. Generally, if a Canadian non-profit or charity intends to raise or raises more than $25,000 in Alberta from individuals in a financial year then the non-profit or charity would need to register under the Act.

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March 18, 2016

GST/HST Ruling - application of GST/HST to charity event

The Excise and GST/HST Rulings Directorate of the CRA released a ruling in October 2015 which discusses the application of the Goods and Services Tax (GST)/Harmonized Sales Tax (HST) to a charity event.  

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February 23, 2016

Foreign Universities Applying for Prescribed University Status in Canada

Here is an article by Kate Robertson and Mark Blumberg on "Foreign Universities Applying for Prescribed University Status in Canada".  It may be helpful for foreign universities that are looking to fundraise in Canada.  

January 19, 2016

Charity Village webinar “Top 20 Compliance Issues for Canadian Charities”

I will be presenting a webinar for Charity Village on January 28, 2016 on Top 20 Compliance Issues for Canadian Charities.

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December 21, 2015

Latest Update on CNCA continuances and dissolutions from Industry Canada

I recently contacted Industry Canada and they advised that as at December 18, 2015 there were 19,997 not-for-profit corporations under Canada Not-for-profit Corporations Act (“CNCA”) . The figure includes new incorporations, continuances from the CCA and continuances from other acts/jurisdictions. The number of continuance have slowed down with less than 50 per month being submitted to Industry Canada. The number of continuances to the CNCA was 12,525 as at December 5, 2015. There are also 3,163 not-for-profit corporations still under the Canada Corporations Act (“CCA”)

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December 06, 2015

Charity Commission encourages directors of charities to take responsibility for fundraising

There has been a large amount of scrutiny of fundraising practices in the UK over the last number of years and especially the last few months.   The Charity Commission of England and Wales has published new draft guidance "which states more clearly than ever that trustees must take responsibility for the fundraising undertaken by their charities."

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November 02, 2015

What does the 2015 Federal election mean for Canadian charities?

The Conservative loss in the 2015 Federal election and the Liberal majority government will have some impact on the Canadian charity sector.  Here is my article What does the 2015 Federal election mean for Canadian charities

October 08, 2015

Recent CRA letters of revocation for Canadian registered charities

Here are the CRA letters from a number of recent Canadian registered charity revocations, annulments and penalties.  These letters from CRA cover many different grounds for de-registration or the imposition of penalties.   

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September 14, 2015

Humber Fundraising Management Course “Ethical and Legal Issues”

Mark Blumberg will be team teaching, with Valerie Campbell and Sharilyn Hale, the Humber Fundraising Management Course "Ethical and Legal Issues".  It was previously taught by Ken Wyman so we will have big shoes to fill.    

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July 03, 2015

“Top 20 Charity Law Issues for Canadian Registered Charities” in Ottawa July 15

On July 15, 2015 Mark Blumberg will be delivering a 2 hour presentation entitled "Top 20 Charity Law Issues for Canadian Registered Charities" in Ottawa.  The presentation is complimentary but if you are interested in attending you should register here.

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February 19, 2015

CRA has minor updates to its Fundraising Guidance to include footnote on Gour decision

The CRA Fundraising Guidance, is CRA's main document dealing with the obligations of registered charities when it comes to fundraising.   The  CRA Fundraising Guidance was initially published in 2009 but then significantly updated on April 20, 2012. At the bottom of each page on the CRA website it notes the last date in which the document was updated.  In the case of the Fundraising Guidance it shows the last update was on June 16, 2014.  I wondered what had been changed.  There appears to be only one important addition - a new footnote to add an Ontario case in which a fundraiser was charged and convicted of fraud.      

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February 08, 2015

Updated Canadian Registered Charity Legal Checklist by Mark Blumberg

Here is an updated version of the Canadian Charity Legal Checklist.  For those who are interested in reviewing legal compliance for their registered charity they may find the checklist helpful.  

December 13, 2014

Blumbergs’ Canadian Charity Law Boot Camp 2015

We are looking forward to presenting the Blumbergs' Canadian Charity Law Boot Camp 2015 on April 14, 2015.   For information or to register see: Blumbergs' Canadian Charity Law Boot Camp 2015

August 19, 2014

Globe and Mail “Canada Revenue Agency delists foreign charities”

Jeff Gray recently wrote a piece in the Globe and Mail on a quirky category of foreign charities who are given qualified donee status by virtue of being on the "List of registered foreign charitable organizations that have received a gift from Her Majesty in right of Canada".  I have been getting calls from Canadian charities that conduct foreign activities and professional advisors wondering whether this has any impact on them.   The short answer is no.  

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July 05, 2014

CRTC adds to CASL FAQ discussion of meaning of “primary purpose” to raise funds for reg. charities

The CRTC recently updated their FAQs to include a discussion of an exemption related to Canadian registered charities.   If a commercial electronic message (CEM) sent by a Canadian registered charity has the "primary purpose" of raising funds for the charity then that message will be exempt.  The CRTC definition of "primary purpose" is consistent with the ordinary meaning of "primary purpose" and not some other meanings that have been suggested by some.   The CRTC notes in their FAQ "The “primary purpose” of a CEM means the main reason or main purpose of the CEM. There could be a secondary or additional purpose to the message, but the principal purpose of the CEM must be to raise funds for the charity."  Some of the brief examples provided by the CRTC are not that clear.   

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July 01, 2014

Blumbergs’ Snapshot of the Canadian Charity Sector 2012

We have just released the Blumbergs’ Snapshot of the Canadian Charity Sector 2012.  The Canadian charity sector has grown again.   The Canadian charity sector is a vital part of Canadian society and economy with revenue of over $223 billion and expenditures of about $218 billion.

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

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Charity Lawyer 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
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