Articles

About ArticlesThe below articles are published by the Charity and Not-for-Profit Law Section of the Ontario Bar Association. Members are encouraged to submit articles.About Articles

Editor: Jessica Recine

Today
Today
Update on CNCA Continuance Process

Update on CNCA Continuance Process

  • March 18, 2014
  • Theresa L.M. Man

This article provides updated guidance on the CNCA continuance process which is required to be completed by the mandated October 17, 2014 deadline.

Charity and Not-For-Profit Law
Ontario’s Highest Court Decides Charity Property Dispute

Ontario’s Highest Court Decides Charity Property Dispute

  • March 18, 2014
  • Derek Ross

In a recent decision that will be of interest to parent and subsidiary charities across the country, Ontario’s highest court has weighed in on a number of important legal questions including: Who owns a charity’s assets in a parting of ways? Who decides what a “congregation” is? And who should bear the legal costs to have those questions answered? The case and its implications for charities are discussed in this article.

Charity and Not-For-Profit Law
Involvement with Unrelated Businesses – Proceed with Caution

Involvement with Unrelated Businesses – Proceed with Caution

  • February 20, 2014
  • Catherine Nicholson

This article reviews a recent CRA ruling involving a charity's ownership of common shares in a company and whether certain arrangements would cause it to run afoul of the “unrelated business” prohibition. This ruling is a reminder that any involvement by a charity with a taxable corporation beyond passive investing must be carefully reviewed to ensure that it does not constitute carrying on an unrelated business.

Charity and Not-For-Profit Law
CRA's Developing Position on Inactive Charities

CRA's Developing Position on Inactive Charities

  • January 29, 2014
  • Robert B. Hayhoe

Among the 80,000 or so Canadian registered charities, there are a number of charities with no assets, liabilities or activities. This article explores CRA's developing position with respect to inactive charities.

Charity and Not-For-Profit Law
CASL Update for Charities and Other Not-for-Profits: Coming into Force July 1, 2014

CASL Update for Charities and Other Not-for-Profits: Coming into Force July 1, 2014

  • January 29, 2014
  • Carol Anne O’Brien

The federal government recently released the final regulations to implement Canada’s Anti-Spam Legislation. Most provisions will come into force on July 1, 2014. This article highlights the requirements and exceptions for charities and non-profits in complying with the new legislation.

Charity and Not-For-Profit Law
Municipalities and First Nations - Importance of "Qualified Donee" Registration

Municipalities and First Nations - Importance of "Qualified Donee" Registration

  • January 08, 2014
  • Margaret H. Mason

In 2012 the CRA indicated that it would require all “municipal or public bodies performing a function of government in Canada” to register with the CRA to become, or to remain, a qualified donee. The CRA has finally announced details regarding the process for registration.

Charity and Not-For-Profit Law

What to Do? Commercial Activities Under the ONCA

  • June 21, 2013
  • Jonah Mayles

Subsection 8(3) of the ONCA permits a not-for-profit corporation to have purposes of a commercial nature if its articles state that the commercial purpose is intended only to advance or support one or more of the non-profit purposes of the corporation.

Charity and Not-For-Profit Law