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Canadian Charity Law List

November 2019


Blumbergs’ Canadian Charity Law Boot Camp 2020 - April 20, 2020 but don't miss the early bird special!

Blumbergs is pleased to announce that we will be hosting Blumbergs’ Canadian Charity Law Boot Camp again on Monday April 20, 2020. An easy enough date to remember!   This is a one-day boot camp on compliance and standards issues for Canadian registered charities. You can find out more information and register for the program here. This Boot Camp will cover the differences between for-profits, non-profits and registered charities and why in some cases you may wish to have one or more of each to have maximum impact. It will focus on matters that are significant for any operating charity surrounding revenue generation rules, receipting, transparency, and protecting your charity against risks. Topical issues such as collaboration, foreign activities, political activities, the Canada Not-for-Profit Corporations Act (CNCA) and Ontario Non-Profit Corporations Act (ONCA) will be touched upon as well.

We only do the Boot Camp once a year in Toronto so sign up early to take advantage of the limited number of early bird specials and register for your ticket as the event typically sells out.

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Auschwitz-Birkenau Foundation is for now a qualified donee in Canada

There is a list called “foreign charities that have received a gift from Her Majesty in right of Canada”.  As the name suggests a group that gets a “gift” from the Federal government can apply to CRA to be on the list for a period of 2 years.  Being on the list means that the foreign charity can issue official donation receipts to Canadians and also receive gifts from Canadian charities.  When a Canadian charity provides funds to a foreign group that is listed as a qualified donee under this category there is no need for direction and control.  The Auschwitz-Birkenau Foundation has been added till February 19, 2021.  Groups that are on the list must be careful to only issue official donation receipts in accordance with the Income Tax Act of Canada.

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Ontario government access to information disclosure on ONCA - so many pages and so little said

Since February 2019 there has not been any update from the Ontario government about ONCA coming into force.  As we have noted before the Ontario government is no longer referring to ONCA coming into force in early 2020.  A few months ago we put in a freedom of information request on ONCA and the computer company developing the new ONBIS system.   We wanted to know why it has taken so long to move ONCA along and when it is likely to come into force.   We just received the answer to my ATIP request and needless to say it does not answer either of the questions with there being some significant redactions.

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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.

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Online Charity Law Courses from Blumbergs - 24/7 compliance education for registered charities

We have created several online courses for those who are interested or need to understand compliance issues that affect Canadian registered charities.  You can do an online course at your pace and redo sections if you wish.  We just launched a new course “Ontario not-for-profit corporations under the Ontario Corporations Act and dealing with ONCA” – it will help Ontario non-profits under the Ontario Corporations Act understand upcoming corporate changes and options – we have an introductory price of $49.

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Blumbergs Canadian Charity Sector Snapshot 2017

We are pleased to launch our Blumbergs Canadian Charity Sector Snapshot 2017 with information on the Canadian registered charity sector for 2017. 2017 is the last year that there is currently full data available.

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The CRA has released an updated 2019 version of its T3010 Registered Charity Information Return

The CRA has released recently the 2019 version C of its T3010 Registered Charity Information Return.  The major changes deal with replacing political activities with “public policy dialogue and development activities” (PPDDAs).  As a result of Finance’s 2018 changes CRA no longer asks for much information on “public policy dialogue and development activities”.  CRA asks whether your charity did PPDDAs and give you a paragraph to describe the PPDDAs and how they relate to your purposes but don’t ask how much you spent on them.

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Increase in numbers of organizations in two qualified donee categories

There are a couple of important qualified donee categories that have increased in size – first the “List of municipal or public bodies performing a function of government in Canada registered as qualified donees” which is largely aboriginal bands and secondly, the “List of universities outside Canada registered as qualified donees”.

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CRA terminates some municipalities as qualified donees

I know the title sounds a little harsh, but I recently checked a list that the CRA maintains of municipalities that are “qualified donees” or groups that are able to issue official donation receipts and yes CRA has “terminated” some municipalities like the Village of New Norway in Alberta.  Actually a quick Google search brings up “As at Nov. 1, the Village of New Norway ceased to exist as such, and officially becomes part of Camrose County, as the Hamlet of New Norway.”  I guess if your municipality disappears then CRA will list it as terminated on their database.

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Upcoming Events and Programs:

Blumbergs’ Charity Law Boot Camp,

Blumbergs’ online courses on certain charity law issues;  and

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.