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News and discussion on implementing risk management

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Board of Directors, Process and Responsibilities

Small change large consequences: Ontario’s regulatory change to the payment of directors

Directors simply cannot benefit from the property of a charity whether registered or not, either directly or indirectly. This article explains why and details recent amendments to Ontario’s rules to allow charities to pay directors for goods and services rendered.

 

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Much ado about nothing? Why directors should think about committee governance

Most not-for-profit organisations establish one or more committees to perform various roles. These committees can play an important role in the proper management and governance of the NPO.

 

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Reminder: Reporting compliance with AODA accessibility standards

Most accessibility standards requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are now in effect for large and small organizations in the public, private and not-for-profit sectors across Ontario.

 

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The future of risk management

The Institute of Risk Management has a great feature where they have asked people around the world, including a number of luminaries, about the future of risk management.

 

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Balancing confidence and flexibility in gift planning

Typically when donors are considering their end of life gift planning they attempt to include a number of strings by which to effectively direct their donations from beyond the grave. Generally speaking when the donation is large or the gift has personal, sentimental value to the donor (such as artwork) the strings attached will be significant.

 

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Withholding on foreign workers

Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for many of its activities.

 

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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Charities and not-for-profits: Beware the usual rules

Charities and not-for-profits are obviously subject to a layer of laws that are related to their special status. Often overlooked though, is that they are equally subject to the same rules and regulations as other economic actors. Indeed, sometimes there are linkages between these two worlds making the need for good legal awareness that much more critical.

 

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Practical tips for effecting a successful merger

This article sets out the practical benefits and challenges of merging two charities and some post-merger considerations to effect a smooth transition.

 

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Ontario Superior Court comments on director and officer duties

A recent decision of the Ontario Superior Court of Justice addresses directors’ duties towards the corporation and its employees. Specifically, the court addressed whether a director or officer’s fiduciary duties extend to protecting an employee from the consequences of that employee’s own fraudulent acts.

 

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Church and religious organizations: Maybe Adam and Eve could have appealed their sentence

We are often contacted by charities seeking to insulate themselves from potential legal action by disgruntled former members of their organization. This typically results from situations where the individual has been kicked out of the organization for specific misconduct. Although, for the most part, these disputes result in acrimonious name calling from time to time, these matters are litigated. A recent decision of the Alberta Court of Appeal is one circumstance where an irate former member of the Jehovah’s Witnesses took the matter to Court.

 

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Political activities: Consultations may have side effects

As our readers know, the new government has taken steps to revamp the restrictions on political activities by charities, by dismantling the political activities audit program and by promising a new approach following consultation with the public and members of the charities industry. It is important, however, to note that the changes may not only effect the charity realm as Nova Scotia Community Interest Corporations have similar restrictions.

 

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CRA’s Report on the Charities Program 2015-16

In January 2017, the CRA released its Report on the Charities Program 2015–2016, which provides interesting insights into Canada’s charitable sector. A common thread weaving through issues related to obtaining and maintaining charitable status is the need to create, maintain, and report/file information required by the Charities Directorate and the Income Tax Act.

 

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