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News and discussion on implementing risk management

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Canada Not-for-profit Corporations Act

Overview of record keeping obligations for non-profit organizations and registered charities

While non–profit organizations and charities are usually busy carrying out the purposes of their organization, record keeping often takes a back seat to other priorities. However, good record keeping practices by a non–profit organization or a registered charity should not be overlooked.

 

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Non-profit members and directors must adhere to corporate statutes and by-laws

The relationship between non-profit members and directors is sometimes akin to the relationship between parents and their newly-licensed teen-aged drivers. The key to the family car grants the teenager new freedoms, but sometimes, a parent’s only option is to reclaim the key. Members elect or appoint directors, delegating to them the power to manage the corporation. Corporate statutes and by-laws restrict the ability of members to participate in the management of the corporation once the directors hold the reins. Often, the only way for members to effect changes that the board opposes, is to reclaim the reins, by removing existing directors and appointing more amenable ones. http://canlii.ca/t/gh81g” target=”_blank”>Vaughan Community Health Centre Corporation v Annibale (2015 ONSC 2559 (CanLII)), recently examined the roles of members and directors, and the importance of adhering to corporate by-laws and statutes.

 

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Sexual harassment: Managing the risk

On the heels of Jian Ghomeshi’s firing from the CBC and the suspension of two Liberal MPs from caucus, Canadians are talking about sexual harassment. Although not a topic that is typically associated with the philanthropic sector, charities and non-profits are not immune from dealing with these types of issues…

 

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CRA puts federally-incorporated charities on notice

In September, we received a number of inquires from charities that received alarming letters from the Canada Revenue Agency’s Charities Directorate with regard to keeping their registered charity status under the Income Tax Act.

 

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Tick Tock: It’s time to continue under the Canada Not-for-Profit Corporations Act

According to data obtained from Corporations Canada, as of September 1st, only 1,663 out of approximately 25,000 corporations have made the corporate changeover to the Canada Not-for-Profit Corporations Act . Recognizing that many of these corporations are inactive, that still leaves thousands of corporations to continue by the October 17, 2014 deadline.

 

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Online services for federal not-for-profit corporations

Corporations Canada has introduced a number of new online services for federal corporations, including those incorporated under the Canada Not-for-profit Corporations Act. Not-for-profit organizations may…

 

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Why every charity should consider incorporation

Before a group can be registered as a charity, there has to actually be some legal thing to register. This means that every charity faces the choice of which legal structure to use. A charity can be constituted as a trust, an unincorporated association, or a corporation.

 

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Taking matters into your own hands: dissolving before the government does it for you

Readers will know that the new Canada Not-for-Profit Corporations Act came into effect in 2011, bringing the regulation of not-for-profits into line with modern corporate legislation. This carries with it the onus to apply for continuance under the new Act by October 2014, or be dissolved.

 

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Introducing guest blogger Adam Aptowitzer at Drache Aptowitzer LLP

It’s a pleasure to welcome Adam Aptowitzer, Drache Aptowitzer LLP as a guest blogger. Adam will be blogging on behalf of Drache Aptowitzer LLP on corporate law and Income Tax law as it applies to charities and not for profits.

 

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Federal non-profit resources

With the passing of the Canada Not-for-profit Corporations Act (and all that entails), law firm Drache Aptowitzer has introduced a website dedicated to the Act.

 

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Relief for far-flung and busy non-profit boards

Under the recently enacted Canada Not-for-profit Corporations Act, directors and board members can pass resolutions without holding actual meetings. Many organizations will likely find this measure convenient, particularly where members are often unavailable for meetings due to time and distance.

 

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New rules arriving soon for non-profits in federal jurisdiction, Ontario

You not-for-profit organizations and charities out there probably remember that, in the not-too-distant past, the federal and Ontario governments enacted new laws governing the activities of NFPs. Well, some expect these laws to come into force within the next six months. That’s sooner than you probably think.

 

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Ontario Not-for-Profit Corporations Act

Ontario’s legislature wasted no time following the passage of the Canada Not-for-profit Corporations Act to enact its own Act to revise the law in respect of not-for-profit corporations (Bill 65). The Bill received royal assent on October 25, but the government hasn’t set a date for it to come into force yet.

 

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Canada’s Not-for-profit Corporations Act is finally here

The federal government has passed the Canada Not-for-profit Corporations Act. While the Act won’t come into force for some time yet, what does it mean for you?

 

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Ontario introduces not-for-profit corporations act

In late May, Ontario Bill 65, the not-for-profit corporations act, received second reading in the provincial legislature. This is the culmination of several years of consultation with the not-for-profit sector.

 

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