Blumbergs Canadian Charity Law List - January 2011

January 18, 2011 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: What's New from the Charities Directorate of CRA

Here is the January 2011 Blumbergs Canadian Charity Law List.

Charity Law Education





1) Upcoming Free Charity Law Webinars



Are you concerned about receipts issued by your charity?  Is your charity compliant with CRA requirements under the Fundraising Guidance?  Here are some upcoming CLIP webinars (online seminars) and charity chats on receipting and fundraising.  They are available at no charge and provide 1 hour webinars on these important subjects - great for people who work at charities, as well as volunteers such as board members.  You just need a computer connected to the internet.  The Charity Law Information Program (CLIP) is supported by a contribution from the Charities Partnership Outreach Program (CPOP) of the Charities Directorate of the Canada Revenue Agency.





2) Upcoming Seminar in Ottawa on Receipting and Fundraising with Mark Blumberg
Here is a flyer for an upcoming full day program on Fundraising and Receipting in Ottawa on February 23, 2011.



What’s New from CRA


3) “Warning: If you donate to a gifting tax shelter, expect to be audited” - Tax Alert from CRA

The Canada Revenue Agency has issued a “Tax Alert” entitled “Warning: If you donate to a gifting tax shelter, expect to be audited.” 



4) CRA releases T3010-1 Registered Charity Information Return today -champagne will be popping tonight!

Here is the T3010-1 Registered Charity Information Return which replaces the T3010B for charities with fiscal year ends on or after December 1, 2010.



5) New CRA webinars on T3010, Activities outside of Canada and Political Activities

The Charities Directorate has announced it will be presenting the following topics for 2011: February 2: T3010-1: Line by Line Review; February 23: Activities Outside Canada; March 16: Political Activities



6) New T4033-1 Completing the Registered Charity Information Return released by CRA

Here is a copy of the new CRA Guide T4033-1 Completing the Registered Charity Information Return.  This guide will help Canadian registered charities complete the T3010-1 Registered Charity Information Return.



7) Ten Reasons your Canadian Charity Should File its T3010 on Time

Here is an updated version of my article Ten Reasons your Canadian Charity Should File its T3010 on Time.




General



8) Ontario The Public Sector Compensation Restraint Board is now operational with website

We have blogged on the Public Sector Compensation Restraint to Protect Public Services Act, 2010 which was announced in the Ontario budget.  Well it appears that the Public Sector Compensation Restraint Board is now in place, has a website and has a new Chair. 



9) Charity Navigator to revamp rating system to emphasize transparency and accountability

The US organization Charity Navigator is in the process of revamping its rating system of charities to provide more information and weight to the issues of accountability and transparency.  Although Charity Navigator does not rate Canadian charities, the issue of transparency and accountability is as big here as in the US and Canadian charities should ensure that they are improving in this area.



10) Charity Transparency improved in Israel With Launch Of GuideStar Israel - search in 3 languages
GuideStar Israel is being beta tested.  It will provide a combination of government and NPO information on non-profits in Israel.  It is only a beta test but it is an important step forward for donors and those interested in the non-profit sector in Israel.  There are obviously gaps that hopefully will be filled by the organizations themselves.



12) We get the charity regulation we fund - Jack Siegel’s comment on US charity regulation

Here is an interesting note dealing with US charity regulation and how less charity regulation and oversight can result in greater misuse of charities by admittedly a small number of people.



13) The Nonprofit Technology Gap – Myth or Reality?  from Johns Hopkins University

Here is an interesting 20 page study on The Nonprofit Technology Gap – Myth or Reality?  from Johns Hopkins University.  Non-profits are certainly using technology [“The vast majority of all organizations (98 percent) reported using information technologies for program/service delivery;] but there are many challenges including training and funds.  Non-profits would use more technology if they could.



14) Ontario Bar Association Institute 2011 Charity Corporate Changes and Avoiding Compliance Problems

I am co-chairing this Ontario Bar Association program for the Charity and Not-For-Profit Law section at the OBA’s Institute 2011.  The OBA Institute is the largest continuing legal event in Ontario.  Lawyers may find this program helpful if they are interested in the new Ontario non-profit corporate legislation, the new federal Canada not for profit corporations act, avoiding problems with issuing receipts and class action lawsuits dealing with abusive charity gifting schemes. 



15) Remittances and the high cost of giving for the poor - consider this Avaaz petition

Canadians are ostensibly a generous people.  They give on average about 1 billion per year in donations to registered charities for international philanthropy that targets the poor around the world.  On the other hand remittances from Canada to developing countries are approximately $9 billion per year.  Remittances tend to come from new immigrants, migrant workers etc. that often have far less financial resources than the average Canadian.  There are no tax incentives for remittances but very high tax incentives for donations to charity.  Avaaz is concerned that some companies like Western Union are gauging unsuspecting people who make remittances.  You may find the petition interesting.



16) Department of Finance Launches Public Consultation on International Aid

Here is a press release from the Department of Finance: “The Department of Finance today launched a public consultation on the international assistance payments it administers. The consultation is a requirement under the Official Development Assistance Accountability Act for all federal departments and agencies with foreign aid responsibilities. The feedback from the consultation will help make future assistance more effective by providing the public with an opportunity to comment on the Department’s contribution to global poverty reduction, its consideration of the perspectives of those who live in poverty, and its adherence to international standards on human rights.”  The consultation period will end on February 18, 2011.


17) The US organization InterAction Launches Aid Buzz Blog

InterAction is the “largest alliance of U.S.-based international nongovernmental organizations (NGOs) focused on the world’s poor and most vulnerable people.” They have just launched a blog.  It will be interesting to see the information and discussions that take place.



18) C470 Update

The good news out of the Finance Committee on C470 is that the $250,000 salary cap has been removed.  The bad news is that the compensation disclosure has been increased to all employees earning over $100,000 and not just top 5 people whose compensation package is over $100,000 as was in the original bill.



19) “Salary Cap Removed From Bill C-470, But More Work Still Ahead for the Sector” by AFP

Here is a note from AFP on C-470.  http://www.afpnet.org/Audiences/PublicPolicyIssueDetail.cfm?ItemNumber=4680


Notes


Upcoming Events

As noted above I will be delivering about 20 more webinars over the next 2 months.  For more information and a few of the topics see: http://www.globalphilanthropy.ca/index.php/blog/comments/upcoming_clip_webinars_online_internet_seminars_on_charity_law_fundraising_/Webinars

I am co-chairing a program entitled “Charity Corporate Changes and Avoiding Compliance Problems” which will be part of the OBA’s Institute 2011.  For further information see http://www.globalphilanthropy.ca/index.php/blog/comments/ontario_bar_association_institute_2011_charity_corporate_changes_and_avoidi/  The OBA Institute is the largest continuing legal education event in Ontario.  Lawyers may find this program helpful if they are interested in the new Ontario non-profit corporate legislation, the new federal Canada not for profit corporations act, avoiding problems with issuing receipts and class action lawsuits dealing with abusive charity gifting schemes. 

I will be speaking at the Strategy Institute 8th Annual Foundation, Endowment & Not For Profit Investment Summit being held in Toronto on January 18 - 19, 2011.  My topic is Governance and Compliance Challenges for Foundations in 2011.  For more information on the summit see http://foundationendowment.ca/

I will be giving a presentation on “Recent Legal Developments Affecting Registered Charities” for the Institute of Chartered Accountants of Ontario (ICAO). 

Past Events

I presented, along with Elena Hoffstein, at the UJA Federation of Greater Toronto 2nd Annual Charity Law Seminar for Jewish communal organizations on January 13, 2011.



I hope that you found the above material helpful and please feel free to forward the e-mail newsletter to anyone you think may be interested. They can also sign up for the BLUMBERGS non-profit and charities law newsletter at http://www.canadiancharitylaw.ca/index.php/pages/subscribe/

For further information on legal resources for Canadian Non-Profits and Charities please visit www.canadiancharitylaw.ca or www.globalphilanthropy.ca

If you are on Twitter you might want to follow me at:  http://twitter.com/canadiancharity I am up to 565 followers on Twitter. 

If you want general information on registered charities in Canada you might find the archived webinars that were prepared for the Charity Law Information Program (CLIP) of Capacity Builders helpful http://www.globalphilanthropy.ca/index.php/blog/comments/webinars_on_canadian_charity_law_-_charity_law_information_program_clip_by_/

If you would like to retain our law firm for legal services or legal advice with respect to non-profits or charities, please contact me at //';l[1]='a';l[2]='/';l[3]='<';l[4]='|97';l[5]='|99';l[6]='|46';l[7]='|115';l[8]='|103';l[9]='|114';l[10]='|101';l[11]='|98';l[12]='|109';l[13]='|117';l[14]='|108';l[15]='|98';l[16]='|64';l[17]='|107';l[18]='|114';l[19]='|97';l[20]='|109';l[21]='>';l[22]='"';l[23]='|97';l[24]='|99';l[25]='|46';l[26]='|115';l[27]='|103';l[28]='|114';l[29]='|101';l[30]='|98';l[31]='|109';l[32]='|117';l[33]='|108';l[34]='|98';l[35]='|64';l[36]='|107';l[37]='|114';l[38]='|97';l[39]='|109';l[40]=':';l[41]='o';l[42]='t';l[43]='l';l[44]='i';l[45]='a';l[46]='m';l[47]='"';l[48]='=';l[49]='f';l[50]='e';l[51]='r';l[52]='h';l[53]=' ';l[54]='a';l[55]='<'; for (var i = l.length-1; i >= 0; i=i-1){ if (l[i].substring(0, 1) == '|') document.write("&#"+unescape(l[i].substring(1))+";"); else document.write(unescape(l[i]));} //]]> "> or at 416-361-1982.


Mark Blumberg

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Mark Blumberg, B.A., LL.B., LL.M., TEP

Blumberg Segal LLP
Barristers & Solicitors
390 Bay Street, Suite 1202
Toronto, Ontario, M5H2Y2

Tel. (416) 361-1982 ext. 237
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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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