Internships
Every jurisdiction in Canada has legislation that governs employment relationships. Generally speaking, individuals who are working pursuant to an internship program are exempt from those regulations. However, there is wide-spread confusion regarding who qualifies as an intern. Some charities and...
CRA Releases Guidance on Charitable Trust Requirements
On August 15, 2011, the CRA released Guidance CG-009 concerning the requirements of a charitable trust. Registered charities (charitable organizations, public and private foundations) can be established as corporations, unincorporated associations and charitable trusts. While a trust can be used...
Gifts of Cultural Property
Donors can get special tax benefits when they make a gift of cultural property. A gift of cultural property is a gift of property that meets two criteria: the property is of “outstanding significance by reason of its close association...
The English Approach to Payments Made to a Foreign Charity – A Cause for Jealousy?
Canadian charities that spend money outside Canada will be well aware of the restrictive nature of the Canadian rules on foreign charitable expenditure. Interestingly, HMRC, the English tax authority, has just released its new and slightly more restrictive policy on...
Canada Not-for-Profit Corporations Act Proclaimed in Force
The new Canada Not-for-Profit Corporations Act will come into force on October 17, 2011. All federally incorporated non-share capital corporations will be required to transition under the new legislation within three years of the in-force date, that is, by October...
Gifts to U.S. Charities and the Availability of Charitable Tax Credits – An Unusual Situation
The Canada Revenue Agency recently released a technical interpretation with respect to an interesting and somewhat unusual fact scenario. Both the circumstances and CRA’s comments reinforce the need to carefully plan testamentary gift giving and review the availability of tax...
Extension of Charity Receipting Rules to Other Qualified Donees
Historically, registered charities have been subject to a stricter regulatory regime than other “qualified donees” in respect of donations. The 2011 Federal Budget proposed changes to the Income Tax Act that will increase the regulation in respect of donations to...
Recent Case Confirms Importance of Ensuring Adequate Insurance Coverage
The recent decision of the Ontario Superior Court of Justice in Shaeen v. Meridian Insurance Group demonstrates the importance of ensuring that adequate insurance coverage is in place and the necessity of reporting material changes in circumstances to insurance brokers...
CRA Releases Multiple Replacement Guidances
CRA has recently issued several policy guidances which update and replace previous CRA policy statements on various topics. Charities should ensure that they are familiar with the contents of these guidances, as they constitute the most current statements of CRA’s...
CRA Releases Animal Welfare Guidance
In the February issue of the Charities and Not-for-profit Newsletter, we reported on the release by CRA of a draft guidance on the promotion of animal welfare, and when this would be considered to be charitable at law. On August...
