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Canadian Charity Law List

August 2021

FEATURED

Blumbergs’ Canadian Charity Law Institute 2021 - online

Every year Blumbergs has its Blumbergs’ Canadian Charity Law Institute.  This year for the second time we will be doing a “mini-institute” – very virtual, much shorter and more affordable but covering a number of topics that are of concern to Canadian charities.  So please join us on Wednesday, October 6, 2021, for the 10th Blumbergs’ Canadian Charity Law Institute.  Registration and introductions will begin at 12:30 PM EST and the Institute will run until 4 PM EST.

We will be covering a number of different topics and they will be posted closer to the time.

It will be a half-day of practical legal and ethical compliance information geared toward charities, professional advisors and those interested in regulatory issues affecting charities and the non-profit sector.    The price is $125 for the Institute.  There is an early bird special of $95 for a limited time.

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Ontario government announces that ONCA and Ontario Business Registry will be launched October 19, 2021

It took many years but finally, it looks like new Ontario Not-For-Profit Corporations (ONCA) and the Ontario Business Registry will be launched on October 19, 2021.  We will have more on this at our upcoming Blumbergs’ Charity Law Institute 2021.  It will affect over 50,000 Ontario non-profit corporations.

We have a directory dealing with ONCA on our CanadianCharityLaw.ca website.

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Almost every charity should by now have access to their CRA My Business Account (MyBA) for charities

It has been over 2 years since CRA has been offering CRA My Business Account (MyBA) for charities.  There are a large number of transactions that can be completed on the CRA MyBA and it is often quicker to do them online than by mail. The most important transactions include filing your T3010 Registered Charity Information Return and if you are a non-profit that is not a registered charity then filing your charity application.   But there are many other tasks that can be completed with CRA.   CRA has a lot of information on the system on their website. Here is an infographic from CRA on the MyBA system for charities.

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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. Topics are subject to change. More information on each of these webinars and how to register is provided here.

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Many charities with March 31 year ends need to file their T3010 by September 30

Many Canadian registered charities have March 31 year ends. Mostly these are aligned with government funders who have a similar year-end. These March 31 registered charities need to ensure that they can accurately file their T3010 by September 30.

Here are a few suggestions.

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Federal Election 2021 has been called - charities and NPOs need to pay attention to the rules - some should also get engaged

On August 15, it was announced that the 2021 Federal election will be held on September 20, 2021.  Charities and non-profits need to pay attention to the rules that could apply to them including under the Income Tax Act, Third-party election advertising, or even lobbyist registration rules. For those charities who have issues they are dealing with that relate to the Federal government it is important that they are engaged in appropriate non-partisan political activities during this important period.

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Finance is doing a consultation on whether to increase the disbursement quota for Canadian registered charities

In the 2021 Federal Budget, it was announced that the Department of Finance will be doing a consultation on the disbursement quota and whether it should be raised. Interesting that the title used by Finance is “Consultation: Boosting charitable spending in our communities”. Does that not presuppose an increase in DQ or is there another scheme being thought of by finance? I also laughed when I read the first sentence that says “Supporting Canada’s charities, non-profits, social enterprises, and other organizations to provide vital services to our communities, including to the most vulnerable members of society, is a key priority of the federal government. ” I am not sure what key priorities are anymore but if it was remotely important this could have been done many years ago. Perhaps it would be easier if someone sent me a list of what are not key priorities of this government.

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Conservative party commits to in party platform to increasing disbursement quota to 7.5%

The Conservative party has just released their platform and they have committed to increasing the disbursement quota from the current 3.5% to 7.5%. The Liberal government is currently undergoing a consultation on whether the disbursement quota should be left at 3.5% or increased.

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Report #3 of the Advisory Committee on the Charitable Sector released

Report #3 of the Advisory Committee on the Charitable Sector was released. I have a few personal views/concerns with this report and the process. My main concern with the ACCS is the huge amount of money spent on the ACCS process. This is precious money that could have been spent on so many better things.  It is also on the heals of COVID and the Special Senate Committee Report on the Charitable Sector. The Senate spent millions more. It has also resulted in some of the top Charities Directorate staff focussing in on these processes. Think of all the new guidance documents that could have been prepared if CRA did not spend the last few years focused on all this talk. Think of all the guidance documents that have not been updated in a decade or more that could have been updated.

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MISCELLANEOUS

Good news for Alberta and New Brunswick non-profits that wish to move to the Federal Canada Not-for-profit Corporations Act (“CNCA”)

Corporations Canada has made it easier for Alberta non-profit corporations under the Societies Act (Alberta) and New Brunswick non-profits under the Companies Act that wish to move to the Federal Canada Not-for-profit Corporations Act (“CNCA”). They have also made it easier for CNCA corporations to move to the BC Societies Act and the New Brunswick Companies, although this will probably not affect many groups.

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Blumbergs Online Courses

We have created some online courses on various charity law issues. These courses are meant to be easier to access, more convenient and available 24/7 exactly when needed. You can do an online course at your pace and redo sections if you wish.

We have courses on the following subjects:

  • Top 20 Charity Law Issues for Canadian Registered Charities
  • Donor Advised Funds (DAFs) In Canada
  • Fundraising from Canada – A course for groups outside of Canada
  • Mergers of Canadian Non-Profits and Charities and Dealing with Uncertain Times
  • Ontario not-for-profit corporations under the Ontario Corporations Act and dealing with ONCA
  • Receipting for Canadian Registered Charities
  • Should We Establish a Canadian Social Enterprise, Non-Profit or Charity and How to Do It?
  • Should Our Canadian Business Establish a Corporate Foundation?
  • Multiple Corporate Structures for Canadian For-Profits, Non-Profits and Charities to Enhance Flexibility + Impact
  • Blumbergs’ Canadian Charity Law Boot Camp 2020
  • Canadian Charities Working with Non-Charities in Canada
  • Restricted Gifts – Managing the Opportunities and Dangers of Restricted Charitable Gifts
  • Foreign Activities and Canadian Charities
  • Fundamentals of Running a Canadian Charitable Organization/Operating Charity
  • Fundamentals of Running a Private or Public Foundation in Canada
  • Transparency in the Canadian Charitable Sector and the T3010 Registered Charity Information Return
  • Membership of Non-Profits and Charities in Canada
  • So now you are a registered charity – What is next
  • Blumbergs’ Canadian Charity Law Institute 2020
  • Blumbergs’ Canadian Charity Law Institute 2021
  • Finance Bundle

We have created various price points depending on the needs of the organization.  We also will create bulk discount codes when courses are needed across a whole organization.

We are also doing customized courses for different organizations depending on their needs. Some are focused on boards of directors while others are focused on staff.  Let us know if your organization needs a customized or live online course.

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Changes to T3010 filings for registered charities that are under the Ontario Corporation Act, effective May 15, 2021

Registered charities under the Ontario Corporations Act will be affected by some changes when filing their T3010.   CRA will no longer be using the Form RC232, Corporations Information Act Annual Return for Ontario Not-for-Profit Corporations.   This will affect about 20,000 registered charities that are under the Ontario Corporations Act.   This will not affect other registered charities that are CNCA corporations, provincial corporations other than Ontario, unincorporated associations or trusts.

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In 2021 T3010s will be due within 6 months of the end of a charity’s fiscal year, unlike 2020.

In 2020 CRA gave an extension to many charities to deal with the unexpected events around COVID.  In 2021, unless the situation changes drastically, there will be no extensions.  The normal rules apply for filing the T3010 for registered charities.  ie.  no later than 6 months after your charity’s fiscal year-end.


Reminder from Corporations Canada re: AGMs in 2021 for CNCA corporations

Here is a reminder we just received from Corporations Canada relating to AGMs in 2021 for CNCA corporations and that they can be done virtually, partially virtually or by unanimous resolution in many cases.   Also if you wish to delay the date for your CNCA AGM you will need permission from Corporations Canada.   In 2020 there was an extension on deadlines for providing financials and having your AGM – one should plan on there not being a similar extension in 2021 and try to have your AGMs on time.

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Upcoming Events and Programs:

Blumbergs’ Canadian Charity Law Institute 2021 – online

Blumbergs’ 21 online courses for charities

Free upcoming Canadian Charity Law Association webinars.


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