November 30, 2009

Will the New Canada Not-for-profit Corporations Act limit foreign activities by Canadian charities?

Posted by Mark Blumberg on 11/30 | comments (0) | permalink | forward to a friend
Published under: New corporate non-profit acts

I am not even going to try to answer this issue.  I tried before to deal with Subsection 16(3) and got the answer wrong.  I am excerpting a piece from a paper entitled Insight on C-4, the New Canada Not-for-profit Corporations Act By: Wayne Gray, who is a partner at McMillan LLP, Toronto. http://www.mcmillan.ca/waynegray to answer the question.

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When will the new Canada Not-for-profit Corporations Act come into force and we can start using it?

Posted by Mark Blumberg on 11/30 | comments (0) | permalink | forward to a friend
Published under: New corporate non-profit acts

The New Canada Not-for-profit Corporations Act while passed has not come into force yet.  The experts best guess (see Wayne Gray below) is early 2011 for it coming into force.

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November 29, 2009

CRA’s Guidance Fundraising by Registered Charities - Amalgamated into One Document

CRA’s Guidance “Fundraising by Registered Charities” is in two separate documents namely the main guidance at http://www.cra-arc.gc.ca/chrts-gvng/chrts/plcy/cps/cps-028-eng.html and http://www.cra-arc.gc.ca/chrts-gvng/chrts/plcy/cps/cps-028-ddn-eng.html (entitled Additional information on Guidance CPS-028, Fundraising by Registered Charities). These documents are hyperlinked together and you can go back and forth between the documents to obtain all the information.  For those who find it more convenient CLIP has combined the two documents in this one document and inserted the content of the “Additional Information” directly next to the part of the the Guidance it is referring to. A reader can using this document read the guidance from beginning to end. As well it is in PDF format to make it easier for some to download to a laptop and review when they have time or to place comments or mark up. We have also increased the font size to make it easier for some to read.CRA’s_Guidance_Fundraising_by_Registered_Charities.pdf

November 19, 2009

Can a Canadian non-profit earn a profit?  CRA’s views on the subject

Can a Canadian non-profit under 149(1)(l) earn a profit.  Does it matter if the profit is intentional and/or will be used to further the organization’s purposes? 

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November 17, 2009

Maréchaux, F.M.E. v. The Queen (TCC) - leveraged donation scheme nixed by Tax Court of Canada

Posted by Mark Blumberg on 11/17 | comments (0) | permalink | forward to a friend
Published under: Canadian Charity Law

In Maréchaux, F.M.E. v. The Queen the case revolved around whether F. Max E. Maréchaux, was entitled to a charitable donation tax credit.  Maréchaux is a lawyer at the law firm Miller Thomson LLP. http://www.millerthomson.com/index.cfm?cm=Employee&ce=details&primaryKey=16425  CRA had disallowed the donation claiming it was not a gift.  The appeal which relates to the 2001 taxation year and the tax court dismissed his appeal with costs and ruled for CRA. 

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Are charitable donations in Canada down in 2008?  Depends how you define donation/legitimate charity

Posted by Mark Blumberg on 11/17 | comments (0) | permalink | forward to a friend
Published under: Canadian Charity Law | Canadian Charity Statistics

According to Statistics Canada total charitable donations in 2007 were $8,648,660,000 ($8.6Billion) and in 2008 $8,189,280,000 ($8.1B).  I am not great at math but that seems to indicate a drop of about $450 million dollars.  That is only part of the story.

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November 16, 2009

Carol Goar asks interesting questions about use of volunteers in recent Toronto Star article

Posted by Mark Blumberg on 11/16 | comments (0) | permalink | forward to a friend
Published under: Canadian Charity Law

Carol Goar in her article “All dressed up and nowhere to volunteer” asks some interesting questions about why we are not adequately using volunteers.  Hopefully the article will intensify the discussion on the point.

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November 13, 2009

CRA Charities Directorate Website Survey

Posted by Mark Blumberg on 11/13 | comments (0) | permalink | forward to a friend
Published under: Canadian Charity Law

CRA is asking those who visit their Charities and Giving Web pages which are geared towards donors and charities.  You can take their survey at:
http://www.cra-arc.gc.ca/chrts-gvng/chrts/cmmnctn/srvy-eng.html

November 12, 2009

Russel v. Queen - Tax Court of Canada crushes abusive tax gifting schemes

Posted by Mark Blumberg on 11/12 | comments (1) | permalink | forward to a friend
Published under: Canadian Charity Law

Russel is an art donation case.  However, it is more than that.  It might be the beginning of the end of the abusive charity gifting tax shelters in Canada.

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November 11, 2009

Social Enterprise for Canadian Charities: Legal Compliance from A-Z in Toronto Nov 21, 2009

Posted by Mark Blumberg on 11/11 | comments (0) | permalink | forward to a friend
Published under: Canadian Charity Law

Social Enterprise for Canadian Charities: Legal Compliance from A-Z (9:00 AM – 5:00 PM) Saturday November 21, 2009

Charities are under increasing pressure to increase and diversify revenue. At the same time social enterprise offers a method to tackle complex social and economic problems. In this full day workshop charity lawyers Mark Blumberg (http://www.canadiancharitylaw.ca) and Richard Bridge (http://www.lawyerforcharities.ca) will cover the top 15 key legal issues facing charities in the morning and in the afternoon, specific legal issues affecting charities that wish to be involved with business activities, earned income, social enterprise, community economic development and fundraising. There are many advantages of being a charity and also many restrictions and responsibilities. It is important that Canadian charities comply with their legal responsibilities or the consequences in terms of reputation, charitable status and assets can be substantial.

Social Enterprise for Canadian charities - Legal Compliance from A-Z with Mark Blumberg and Richard Bridge

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