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Charitable Thoughts


Volume 14, No. 3 - June/Juin 2011

In this issue:

  • Ontario Charities and Not-for-Profits Will Need to Meet Accessibility Standards in 2012
  • The Partnership Project
  • Ontario Court of Appeal Considers Employee Expectations of Privacy in Information Stored on Work Computers
  • Inter-religious Dispute not a Human Rights issue as Outside the Human Rights Tribunal’s Jurisdiction
  • Forewarned is Forearmed
  • My Last Charitable Deduction - Message from the Chair



Volume 14, No. 2 - February/Fevrier 2011

In this Issue:

  • Non-Share Capital Corporations must Comply with Corporate Law
  • The View from the Mountaintop
  • Overview of the Broader Public Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act
  • New Procedures to Apply to Criminal Background Checks Expected to Result In Delays
  • Canadian Task Force on Social Finance Releases Its Report
  • Veiled Testimony: Reconciling Competing Charter Rights
  • How to Handle Pro Bono Requests - Message from the Chair
  • Abstract for 2011 National Charity Law Symposium
  • An Update on Bill 65, the Ontario Not-for-Profit Corporations Act
  • Ontario Government Seeks to Enhance the Work of Charities and Not-for-Profits
  • Ontario Divisional Court Releases Important Decision for Religious Employers
  • Not-for-Profit Bankruptcy Case Shows the Law in the Area is Clear as Mud
  • Client Awarded Judgment against Accountant who Advised in Favour of Donation Tax Shelter Scheme
  • Kootenay Doukhobor Historical Society v. The Minister of National Revenue  - Employee vs. Independent Contractor
  • The Sad Case of Pastor Erica David and Her Church – A Case Comment
  • Ontario Court Affirms the Fiduciary Obligations Owed by Directors of Charitable Organization
  • Osgoode's New LL.M in Charity and Not-for-Profit Law
  • Message from the Chair


Volume 13, No. 4 - June/Juin 2010

In this Issue:

  • Court Orders that Tax Shelter Promoter Return Commissions to Charities
  • Introduction of Bill 65, the Ontario Not-For-Profit Corporations Act
  • Budget 2010 Introduces Significant Changes for the Charitable Sector
  • Compensation Freeze Across Ontario
  • Land Transfer Tax Exemption Coming for Charitable Reorganizations
  • The Parameters of Political Activities for Registered Charities
  • Message From the Chair

Volume 13, No. 3 - March/Mars 2010

In this Issue:

  • Federal Court of Appeal Rejects Constitutional Challenge to CRA Jurisdiction
  • The New Accounting Standards and Not-for-Profit Organizations
  • 10 Most Useful Features of the Canada Revenue Agency’s Charities Directorate Website for Canadian Registered Charities
  • Gifts of Ecological Land in Inventory and Non-Profit Organizations Not Being Charities
  • CRA’s Not-for-Profit Administrative Policy Revisited
  • Proposed Changes to the Donation Tax Credit System
  • Message From the Chair
  • Award Of Excellence in Charity and Not-For-Profit Law - AMS/John Hodgson Award

Volume 13, No. 2 - December/Décembre 2009

In this Issue:

  • Ontario Government Releases Good Government Bill that Includes Positive Changes For Charities
  • Hutterite Case Could Have Significant Impact on Canadian Religious Charities
  • Commercial Activities and Other Issues Involving Non-Profit Organizations
  • Non-Qualifying Securities
  • C.D. Howe Paper Proposes a Canadian Charities Council
  • Message From the Chair
  • Upcoming Program Notice

Volume 13, No. 1 - October/Octobre 2009

In this Issue:

  • Improved CRA Fundraising Guidance Still Poses Challenges
  • CRA Draft Guidane on Foreign Activities
  • Maxed Out : How New Measures To Prevent Credit Card Fraud Could Affect Charities and Non-Profit Organizations
  • Ontario Sales Tax Harmonization
  • Proposed Consumer Product Safety Act Raises Concerns for Charities
  • Canada Revenue Agency Notes
  • Message from the Chair


Volume 12, No. 5 - May/Mai 2009


In this Issue:

  • Managing Endowments During Difficult Financial Times
  • Most Charities Should Not Claim GST Input Tax Credits!
  • Record-Keeping Obligations for International Charitable Activities
  • T3010B: The Newly Revised Charity Information Return
  • CRA Looking at Inactive Charities
  • Canada Revenue Agency Notes
  • Message from the Chair

Volume 12, No. 4 - March/Mars 2009

In this Issue:

  • Enforcing Restrictions on Gifts
  • Motorcycle Helmets and Religion: A Case Comment on the Badesha Decision
  • The New Lobbying Act
  • The Madoff Scandal
  • Canada Revenue Agency Notes
  • Message from the Chair

Volume 12, No. 3 - January/Janvier 2009

In this Issue:

  • The proposed Ontario Apology Act, 2008
  • Deemed Trusts for Social Clubs
  • Timing of the Donation of Shares
  • Court Decision Could Ease Record-Keeping Obligations for International Charitable Activities
  • Canada Revenue Agency Notes
  • Message from the Chair

Volume 12, No. 2 - October/Octobre 2008

In this Issue:

  • Supreme Court Sanctions Fishing for Charity Donors Names
  • Constitutional Jurisdiction Over Charities
  • Protection of Directors: When May an Indemnity, or a Reimbursement Right, Lawfully be Withdrawn?
  • Charities and the National Do-Not-Call List
  • Human Rights Regime Change in Ontario: What Charities Should Know
  • Canada Revenue Agency Notes
  • Ontario is Opening its Adoption Records June 1, 2009
  • Message from the Chair

Volume 12, No. 1 - September/Septembre 2008

In this Issue:

  • Bill C-62: Changes Afoot for Federal Non-Profit Corporations
  • Proposed Tax Law Changes
  • First Canadian Non-Profit Added to Terrorism List
  • Case Comment: BBM Canada
  • Canada Revenue Agency Notes
  • Message from the Chair

Volume 11, No. 3 - May/Mai 2008

In this Issue:

  • Consultation on Proposed Policy on Fundraising by Registered Charities
  • CRA Imposes New Sanctions
  • Statutory Obligations, Provincial Offences and Due Diligence - How to be Prepared
  • The Price of Incorporating is Eternal Vigilance
  • New CRA Guide on Charitable Work and Ethnocultural Grups
  • Competition Bureau Launches Education Campaign to Help Organizations Combat Fraud
  • Canada Revenue Agency Notes
  • Message from the Chair
  • AMS John Hodgson Award - June 3, 2008

Volume 11, No. 2 - January/Janvier 2008

In this Issue:

  • Looking Back and Looking Forward
  • Supreme Court of Canada Decision Permits Judicial Interference in Religious Disputes Charitable Gaming
  • Tax Court Denies Application for Postponement of Suspension in International Charity Association Network (ICAN) v. HMR
  • Canada Revenue Agency Notes
  • Message from the Chair
  • Upcoming Section Program

Volume 11, No. 1 - September/Septembre 2007

In this issue:

  • Message from the Chair - by Bill Pashby
  • When the IRS Steps into Governance, Can CRA be Far Behind? - by Hugh Kelly
  • A Review of the New B.C. Charitable Purposes Preservation Act - by Nancy E. Claridge and Terrance S. Carter; assisted by Derek B.M. Ross
  • Charitable Gaming - by Kate Lazier Campbell
  • Update of Legislative Developments - by Elena Hoffstein
  • Tromp Leaves, de March is "Acting" - by Arthur Drache
  • The Wolfe D. Goodman Bursary

Volume 10, No. 4 - June/Juin 2007

In this issue:

  • Message from the Chair - by Heather G. Hisey
  • The Wolfe D. Goodman Bursary
  • Major Changes to Anti-Terrorism Laws Recommended by House of Commons Subcommittee Report - by Terrance S. Carter and Sean S. Carter
  • Update from the Charities Directorate - by Kate Campbell
  • Business Law Modernization Project - by Patricia S. Rubin
  • Tax Court Implies Split-Receipting Possible Prior to Amendments - by Robert Hayhoe and James Fraser
  • CRA Charities Directorate Issues Guidance about Sanctions - by Arthur Drache

Volume 10, No. 3 - April/Avril 2007

In this issue:

  • Chair’s Report - by Heather G. Hisey
  • Protect Yourself and Your Clients:  The 2007 National Charity Law Symposium
  • Non-Share Capital Corporations Must Interpret By-Laws Fairly, Reasonably and in Good Faith - by Terrance S. Carter and Paula J. Thomas
  • Federal Government Supports Giving to Private Foundations - by Susan Manwaring
  • Charities in the Federal 2007 Budget - by Kate Campbell
  • Trick or Treat — Income Trusts and Charities - by Adam Aptowitzer
  • Federal Court of Appeal Rules that GST/HST Must be Charged on Religious Camps’ Fees - by Teresa Douma
  • Reminder - Upcoming Program – April 18, 2007

Volume 10, No. 2 - December/Décembre 2006

In this issue:

  • Chair's Report - by Heather G. Hisey
  • The Year in Review - By Arthur Drache
  • Another Charitable Registration Appeal Denied - by Amanda Stacey
  • Bill C-33 — Proposed Amendments to the Income Tax Act Affecting Charities - by Theresa L.M. Man and Terrance S. Carter
  • The Broader Dimensions of the "Amateur Sport" Case: A Comment on AYSA v. CRA - by Kathryn Chan
  • What's New at CRA Charities Directorate? - by Susan Manwaring

Volume 10, No. 1 - August/Août 2006

  • Message from the Chair - by Heather Hisey
  • Backsliding - by Arthur Drache
  • Minister's decision to suspend CAC needs to be reconsidered - by Terrance S. Carter
  • Lobbying the Canadian Government: The Current Law and the Proposed Changes - by Teresa Douma
  • Charitable Donations and Flow-Through Shares - by Bryant Frydberg and Susan Manwaring
  • Unprecedented Anti-Terrorism Due Diligence Standards Emerge for Charities - by Terrance S. Carter and Sean S. Carter
  • Note from the Editor
  • 2nd Annual Casino Night

Volume 9, No. 5 - May/Mai 2006

In this issue:

  • Message from the Chair - by Heather Hisey  
  • Dealing with Older Donors - by Michael Kerr  
  • Auditing under the New Public Accounting Act, 2004 - by Sarah Mihailovich  
  • 2006 Federal Budget Changes - by Robert Hayhoe 
  • Federal Court of Appeal Rejects Amateur Sport as being Charitable - by Arthur Drache  
  • Demystifying the GST and RST for Charities - by James Capobianco and Douglas Han  
  • Publications   
  • Multimedia Products   
  • Section Executive 2005-2006  

Volume 9, No. 4 - March/Mars 2006

In this issue:

  • Canada Revenue Agency Notes - by Marni Whitaker 
  • Proposed Elimination of Tax on Gifts of Public Company Shares - by Karen Cooper 
  • What does the Westray Mine Disaster have to do with Charities - by Teresa Douma 
  • CRA “Gifts and Income Tax” Guide Updated to Clarify Fair Market Value Determination - by Amanda Stacey
  • Note from the Editors
  • Upcoming Program 
  • Call for Section Executive Nominations 2006-2007
  • Publications 
  • Multimedia Products 
  • Section Executive 2005-2006 

Volume 9, No. 3 - January/Janvier 2006

In this issue:

  • Message from the Chair - by Heather Hisey 
  • Good News for Charities: CRA’s “Undertaking Letters” are Subject to Judicial Review - by Blake Bromley  
  • Canada Revenue Agency Notes - by Marni Whitaker  
  • Debts Incurred by Charitable Foundations – CRA Policy Change - by Amanda J. Stacey  
  • Inquiries Still Required When Charities Issue Donation Receipts - by Theresa L.M. Man and Terrance S. Carter  
  • Disclosure of Donor Records to CRA - by Daniel L. Kiselbach and Jacqueline L. King  
  • B.C. Court of Appeal Affirms Lower Court Ruling Upholding the CRA Split-Receipting Guidelines - by Terrance S. Carter and Nancy E. Claridge  
  • Upcoming Program   
  • Publications   
  • Multimedia Products   
  • Section Executive 2005-2006 

Volume 9, No. 2 - October/Octobre 2005

In this issue:

  • New Compliance Obligations for Charities Issuing Large Receipts - by Robert B. Hayhoe  
  • Canada Revenue Agency Notes - by Marni Whitaker  
  • Donor Advised Funds: A Growing Option for Canadian Philanthropy - by Susan Manwaring  
  • Update on Bill C-21  
  • New Chair of Sections  
  • Upcoming Program   
  • 2006 Institute of Continuing Legal Education   
  • Publications   
  • Section Executive 2005-2006  

Volume 9, No. 1 - August/Août 2005

In this issue:

  • Message from the Chair - by Heather G. Hisey 
  • How We Communicate With Our Section Members - by Cliff Goldfarb  
  • New/Old Rules for Charities – Special Release July 18, 2005 Contains Draft Legislation Implementing Long Awaited Proposals for Change - by Susan Manwaring  
  • Reflections on Charities and the Anti-terrorism Act - by Blake Bromley  
  • Canada Revenue Agency Notes - by Marni Whitaker 
  • The Call for Regulation of Fund Raisers - by David van der Woerd
  • Ten Essential Ingredients for Good Governance
  • Upcoming Program  
  • 2006 Institute of Continuing Legal Education  
  • Publications  
  • Section Executive 2005-2006    

Volume 8, No. 5 - May/Mai 2005

In this issue:

  • Message from the Chairs - by M. Elena Hoffstein and Patricia S. Rubin 
  • Effect of Inter-Charity Transfers on Disbursement of Quota Calculation under Bill C-33 - by Theresa L.M. Man and Terrance S. Carter 
  • Charities Operating Outside Canada: Controls, Practices and Policies - by Carole Chouinard 
  • New Legislation Should Change the Landscape - by David van der Woerd 
  • Canada Revenue Agency Notes - by Marni Whitaker   
  • Upcoming Programs 
  • Publications 
  • Section Executive 2004-2005

Volume 8, No. 4 - March/Mars 2005

In this issue:

  • Message from the Chairs - by M. Elena Hoffstein and Patricia S. Rubin 
  • Proposed new Canada Not-for-Profit Corporations Act 
  • Charity and Not-for-Profit Law Section: AMS/John Hodgson Award 
  • Competition Law Remedies Against "Sound Alike" Charities - by Michael E. Piaskoski 
  • Dissolution of Canada Corporations Act Companies for Failure to File - by Elizabeth Gillis 
  • CRA Continues to Expand Testamentary Gifts - by Lysane Tougas 
  • Firm Foundations - Putting Private and Public Foundations on Level Ground - by Abigail Payne 
  • Official Donation Receipts - Certainty for New Rules 2005? - by Susan M. Manwaring 
  • Announcement of Imagine Canada Symposium - by Peter Broder 
  • Upcoming Program
  • Section Executive 2004-2005 

Volume 8, No. 3 - January/Janvier 2005

In this issue:

  • Message from the Chairs - by M. Elena Hoffstein and Patricia S. Rubin
  • Status of Proposed Income Tax Amendments Relating to Registered Charities - by James M. Parks
  • Charities and the GST/HST - Part II - by Terrance S. Carter, assisted by Nancy E. Claridge
  • Care in the Registration Application Process Is Key to a Successful Registration Appeal - by Susan Manwaring
  • Charitable Special Events Risk Management - by Jeffrey M. McEown
  • Canadian Centre for Philanthropy Becomes Imagine Canada
  • Interim Report on Charitable Giving Released by Senate Committee - by Tad Brown
  • Upcoming Program
  • Section Executive 2004-2005 

Volume 8, No. 2 - October/Octobre 2004

In this issue:

  • Liability Insurance and the Voluntary Sector - Framing the Issues
  • Message from the Chairs - by M. Elena Hoffstein and Patricia S. Rubin
  • Charities and the GST/HST - Part I - by Terrance S. Carter, assisted by Nancy E. Claridge
  • Consultation on Proposed Guidelines for Registering a Charity: Meeting the Public Benefit Test
  • Beware of Donors Making Promises but No Payments
  • Is Your Donation Part of a "Tax Shelter"? - by Mark P. Chartrand
  • Charitable Fundraising Research Paper by the Uniform Law Conference of Canada Civil Law Section - by Ken Goodman
  • Upcoming Program
  • Section Executive 2004-2005 

Volume 8, No. 1 - September/septembre 2004

In this issue:

  • Property Tax Exemptions for Charities - Recognition that their purpose is … tax exemption! - by David C. K. Tang
  • Message from the Chairs - by M. Elena Hoffstein and Patricia S. Rubin
  • A Definition of "Charity"? - by Marni M. K. Whitaker
  • Unsigned Naming Agreement Held Binding - by Elizabeth K. Ackman and Jennifer L. Jamieson
  • Court Refuses to Enforce Donation Pledge - by Rachel L. Blumenfeld
  • International Charity Law Journal - by Robert Hayhoe
  • Revised Edition of Monograph on Duties and Responsibilities of Directors of Not-For-Profit Corporations Now Available
  • Bad Will Drafting Prevents Charitable Donation Tax Credit - by Susan Manwaring
  • Upcoming CLE Programs
  • Section Executive 2004-2005 

Volume 7, No. 4 - May/Mai 2004

In this issue:

  • Disbursement Quota Revisions
  • GST Rebates for Municipalities - What about Charities?
  • New Federal Corporations Act?
  • Budget Amends Revocation and Annulment of Registration Rules and Increases Information Disclosure
  • Restrictions on Trading Charitable Donations
  • Investment Powers for Charities Across Canada
  • Non-Profit Groups Jump into Music
  • New Registered Charities Newsletter

In this issue:

  • Forming U.S. "Friends of..." Charities
  • Message from the Chairs
  • Policy Based Governance - What Works and What Doesn't
  • Registered Charities Newsletters
  • Completion of T3010A and Related Business Guidelines
  • Canada Revenue Agency
  • A Balancing Act

Volume 7, No. 2 - January/Janvier 2004

In this issue:

  • CCRA Issues Policy Statement on Registering Charities that Promote Racial Equality
  • Life Leases: The Road to Recognition
  • New CCRA Policy on Political Activities
  • Finance Canada News Release - Charitable Donation Tax Shelters
  • Impact of thePersonal Information Protection and Electronic Documents Act (PIPEDA) on Charitable and Non-Profit Organizations
  • New Web Site Addresses for Primer for Directors of Not-for-Profit Corporations
  • Improved Accountability Favoured by Canadian Centre for Philanthropy over Ranking of Charities

Volume 7, No. 1 - October/Octobre 2003

In this issue:

  • T3010A Charity Information Return
  • Gifts of Publicly Traded Securities
  • Charitable Donations Not Necessarily Business Expenses
  • Trusts - Charitable Trusts - Trustee's Duties to Non-Beneficiaries - A Startling View of the Law on the Duties of Trustees of Charitable Trusts
  • Update on Use of Relational Provisions by Ontario Non-share Capital Corporations
  • Privacy Legislation
  • Fern Levis, Q.C.

Volume 6, No. 3 - May/Mai 2003

In this issue:

  • Supplementary Letters Patent Pitfalls
  • Advocacy and the Charter
  • Registered Charities Newsletters
  • Recent Cases on Third Party Fundraising
  • Flash - CCRA Policy Statement Now Effective

Volume 6, No. 2 - March/Mars 2003

In this issue:

  • Volunteers: Managing the Risk
  • Raising Money for Your Mission --- Without Jeopardizing Your Mission
  • The Life Stages of Giving
  • LEAVE A LEGACY achieves success in its first year, plans underway for 2003
  • Cross--Over Liability: Principles from the Residential School Cases
  • New Publication --- "Primer for Directors of Not-for-Profit Corporations"
  • Opening of New Charitable and Voluntary Sector Library

Volume 6, No. 1 - January/Janvier 2003

In this issue:

  • Issues in Charity Law - A Pot-Pourri
  • Message from the Chair
  • Payment of Expenses from Restricted Gifts

Volume 5, No. 3 - May/Mai 2002

In this issue:

  • Income Tax -- Charities -- Disbursement Quota -- Effect on Disbursement Quota of Capital Encroachment on "Ten Year Gift"
  • Message from the Chair
  • Agency Agreements and Investment Plans
  • Charities Failure to Meet Disbursement Quota Through Low Interest Rates
  • Continued Reform of Federal Not-for-Profit Corporations Law

Volume 5, No. 2 - February/Fevrier 2002

In this issue:

  • Planned Giving and Life Insurance
  • Message from the Chair
  • Interim Report on the Canadian Centre for Philanthropy's Consultations on the Research Paper "The Legal Definition of Charity and Canada Customs and Revenue Agency's Charitable Registration Process"
  • Ethical Issues in Fundraising: The AIDS Society for Children (Ontario), Case
  • LEAVE A LEGACYTM Launchs in Toronto in 2002

Volume 5, No. 1 - November 2001

In this issue:

  • Delegation of Investment Management by Trustees
  • Message from the Chair
  • Reform of the Canada Corporations Act, the Federal Nonprofit Framework Law
  • Regulation of Agency Agreements with Foreign Agents - New Requirements
  • Large Gifts Resulting in Private Foundation Status 

Volume 4, No. 4 - May 2001

In this issue:

  • Anti-Terrorism Proposals Cause Concern
  • The Killam Trusts Decision
  • The Effect of New Regulations under the Charities Accounting Act
  • Current CCRA Issues
  • Charity and Not-for-Profit Law Section Executive 2000-2001