Photo from Pixabay It is sometimes said that there are “too many charities.” The logic that drives that observation does not seem to apply in the for-profit realm, where the increase of firms in a particular subsector is more likely to prompt comments about the importance of choice and the value of competition. The COVID-19 […]
Ottawa situation highlights governance obligations in managing misconduct risks
News earlier this year of the mass resignation of the Board of the Ottawa Lions Club should come as no surprise to followers of recent developments in organizational governance. The resignations came in response to a report commissioned by Athletics Canada into the group’s handling of allegations of sexual harassment and abuse. The report didn’t […]
Alberta Election Legislation and Charities
After years of turmoil around the topic, the federal government moved recently to reform treatment of charities’ “public policy dialogue and development activities”. The reform was, at least in part, in response to the striking down as unconstitutional of certain provisions of the Income Tax Act dealing with registered charities’ political activities. In a 2018 […]
Charities’ Political Activities Question Quieted, If Not Fully Resolved
The long tumult over registered charities’ role in public policy debate appears on the cusp of being resolved, or at least being significantly quieted, in the wake of three recent developments. First, in December, the federal government enacted legislation to amend the Income Tax Act (ITA) in response to a July 2018 Ontario Superior Court […]
Limits on Recourse for Donors Once a Gift is Made
It is an under-appreciated nuance of Canadian charity law that s. 92(7) of our Constitution actually gives the provinces the bulk of regulatory authority over charities. Provincial governments often don’t exercise their jurisdiction in this area, so the federal government’s Canada Revenue Agency (CRA) – which grants tax privileges to charitable groups – has become […]
Registered Charities and the Charter
Over the past twenty-five years or so, commentators have lamented the sometimes inordinate influence of tax policy considerations in the administration and adjudication of the federal registered charities regime. There is no doubt fiscal implications ought to be taken into account in structuring the legislative regime to ensure timely and appropriate use of the preferentially-treated […]
‘A charity is a charity is a charity’ – The Common Law and Income Tax Act Charity Regulation
As I write this column, a major government report on a Canadian social innovation and social finance strategy is pending. Earlier this year, the federal Budget contemplated exploration of preferential tax treatment for certain types of journalism. In each of these fields, it has been suggested that means be found to give groups access to […]
Sexual and Other Harassment and Fiduciary Duty
Fiduciary duty is a common law concept. Essentially it requires directors of corporations, and like officials of certain other types of entities, to act in the best interest of their organization. It also obliges them to act with care and loyalty. The notion of fiduciary duty, or aspects of it are sometimes reflected or entrenched […]
Senate Study Offers Opportunity for Fresh Look at Charity Issues
Canada, through the federal government and its provincial counterparts, offers preferential tax treatment to charities and certain other public benefit entities that is among the most generous of any country in the industrialized world. That advantageous treatment comes in the form of tax credits for individuals and tax deductions for corporations that make contributions to […]
Registered charity rights and privileges
Canadians recently marked the 35th anniversary of the Charter of Rights and Freedoms. Since it was enacted that document has profoundly altered the legal discourse – and the public’s perceptions – on many issues in Canadian law. Given this change, coupled with the centrality of free speech to the concept of fundamental rights, particularly the […]
