Articles 2020

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Draft Budget Implementation Legislation: Part III, Other Updates

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part III of a Three-Part series, will discuss other updates contained in the draft legislation.

Charity and Not-For-Profit Law, Student Forum

Draft Budget Implementation Legislation: Part II, Updated Reporting Requirements for Trusts

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part II of a Three-Part series, will updated reporting requirements for trusts.

Charity and Not-For-Profit Law, Student Forum

Draft Budget Implementation Legislation: Part I, Disbursement Quota

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part I of a Three-Part series, will discuss the disbursement quota.

Charity and Not-For-Profit Law, Student Forum

Crowdfunded Donations to Result in Information being Reported to Federal Government

  • June 04, 2022
  • Terrance S. Carter, Nancy E. Claridge, Sean S. Carter

New regulations subject crowdfunding services to significant obligations, including keeping records of certain clients, fund raising purposes and some beneficiaries and verifying the identity donors giving more than $1000. Charities should take note that personal identifying information regarding crowdfunded donations will be provided to FINTRAC just like donations through the traditional banking system and may be shared with other agencies within the federal government.

Charity and Not-For-Profit Law, Student Forum

Corporation Fined, Director Imprisoned for Contempt in Copyright Infringement Decision

  • April 04, 2022
  • Sepal Bonni

In a rare decision, the Federal Court of Canada found a party in contempt of court for breaching the terms of two previous judgments concerning copyright infringement, resulting in a severe fine and imprisonment of a director of the infringing. It serves as a reminder that courts take intellectual property protection seriously and will impose liability on both infringing corporations and on their directors when necessary and appropriate.

Charity and Not-For-Profit Law, Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Court Finds County's Property Purchase to be a Breach of Trust

  • April 04, 2022
  • Jacqueline M. Demczur

A decision from the Ontario Superior Court of Justice emphasized that a tax-exempt organization that receives a gift from an individual’s estate cannot spend the funds as it wishes. Rather, funds must be used according to the terms of use set out in the will. The court, in its January 31, 2022 unreported decision of County of Bruce v Office of the Public Guardian and Trustee, ultimately concluded that the funds from the estate were misused and that there had been a breach of trust.

Charity and Not-For-Profit Law, Student Forum

Inclusive Community Grants Application Now Open

  • February 06, 2022
  • Deina Warren

Do you work with or are you part of a community organization, an Indigenous Community or organization or a local government? Applications for Ontario’s 2022-2023 Inclusive Community Grants are now available. These grants provide up to $60,000 for a local project to help older residents and people with disabilities participate in community life. Priority projects are those that support under-served communities and that address COVID-19 related challenges. Applications are due March 3, 2022.

Charity and Not-For-Profit Law, Student Forum

Mandate Letters Issued to Amend ITA Concerning the Charitable Status of Certain Organizations

  • January 31, 2022
  • Terrance S. Carter

Mandate letters issued by the Prime Minister include direction to introduce amendments to the ITA that would make certain organizations ineligible for charitable status. It remains to be seen what amendments may be introduced, but the proposal is concerning as it specifically targets an existing segment of the sector and it could have unintended long-term consequences for all charities. Any proposed amendments therefore need to be carefully monitored.

Charity and Not-For-Profit Law, Student Forum

New Resources about Community Investing

  • January 24, 2022
  • Ryan M. Prendergast

Are you looking for information about community impact investing? Two resources are now available for charities and not-for-profits in Ontario from the Cooperation Council of Ontario, Ontario Trillium Foundation and Canadian CED Network. There is a report to help you understand the current state of community investment organizations in Ontario and a guide that outlines the phases of development for community investment cooperatives.

Charity and Not-For-Profit Law, Student Forum