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Charities

Not–for–profits and charities: 4 New Year’s resolutions

Many people feel that New Year’s resolutions are passé, particularly since so many resolutions go unachieved each year. But, a resolution is essentially a plan to tackle something of importance, and planning is often half the battle. The following are 4 resolutions that can help strengthen charities and other not–for–profits in 2017.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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Top 10 most read Inside Internal Controls posts 2016 & Season’s Greetings

We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]

 

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Closing your business for the holidays

The holidays are quickly approaching. However, leading to that point of unwinding can be stressful for many business owners, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, businesses should not neglect their responsibilities to employees and clients before closing for the holidays.

 

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Political activities law: Charity brings new Charter challenge

When the Liberals came into power last year, the new Minister of National Revenue announced that she was putting a halt to the “political activities” audit of charities that the previous administration had been conducting for the past few years. In practice, this meant that the charities in line to be audited under the program were given a reprieve, but those that were already in the course of being audited were not. One of the latter charities, Canada Without Poverty, is now bringing a constitutional challenge against the political activities law.

 

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Fraud: Why do people commit it?

An interesting interview with Eugene Soltes, the Jakurski Family Associate Professor of Business Administration at Harvard Business School, appeared in the Harvard Business School’s Working Knowledge publication. According to the school, “his research focuses on how individuals and organizations confront and overcome challenging situations”. “Why White-Collar Criminals Commit Their Crimes” is an ‘author interview’, Soltes having written Why they do it: Inside the mind of the white-collar criminal. I have not read the book, but suggest that those with continuing responsibility for detecting and/or investigating fraud might want to do so.

 

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New Ontario statutes in effect December 10, 2016

The new requirements may be particularly onerous for corporations like home–builders or condominium developers, or any other corporation which may have hundreds or thousands of ownership interests in land.

 

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Proposed Manitoba accessible employment standards

The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for accessible employment standards. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).

 

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Proposed Nova Scotia accessibility legislation

On November 2, 2016, the government proposed Nova Scotia accessibility legislation to promote equality of opportunity and increase the inclusion and participation of Nova Scotians who have disabilities or functional limitations in all areas of everyday life by promoting and encouraging the prevention, reduction and removal of barriers.

 

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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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Charities political activities: CRA consulting on rules

The Government of Canada has committed to modernizing the rules governing the charitable sector to ensure that they are operating in a regulatory environment that respects and encourages their contribution to society. One of the areas they are looking into is clarifying the rules governing charities political activities.

 

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Lobbying: Considerations for not-for-profits

There have been many recent changes in lobbying law. Some jurisdictions, like New Brunswick, have passed lobbying legislation, while other jurisdictions, like Ontario, have made significant changes to existing legislation. Here are four things not–for–profits must consider.

 

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CRTC’s reminder on record-keeping for CASL compliance

The Canadian Radio-television and Telecommunications Commission issued an enforcement advisory directing businesses and individuals to consider the importance of record-keeping pursuant to Canada’s anti-spam legislation (CASL). Under CASL, the onus remains on the sender of commercial electronic messages (CEMs) to demonstrate that it had the proper consents in place to send CEMs (whether implied or explicit).

 

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Consulting with Canadians on accessibility legislation

Between July 2016 and February 2017, the federal government is consulting Canadians on planned accessibility legislation. The goal of the law would be to promote equality of opportunity and increase the inclusion and participation of Canadians who have disabilities or functional limitations in all areas of every day life.

 

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