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Charity Law Insights - December 2009
Looking forward to 2010
Minutes of Meetings Still a Vague Area in Terms of Style
CD Howe Insitute Publishes Paper by Adam Aptowitzer on Charity Regulation
2009 an Interesting Year for Ontario Charities
Beware of Bill 139: Recent amendments to the Employment Standards Act
Foreign Membership Fees and Similar Payments
Looking forward to 2010
- Adam Aptowitzer
Welcome to another edition of Charity Law Insights at Drache – Tax, Estates and Charity Law. Over the past year we have been involved in several major writing projects of Provincial and National importance. The first was a study on the impact of the imminent adoption of the HST and the abandonment of the PST in Ontario. The second was a major paper written by Adam Aptowitzer and published by the CD Howe Institute on reforming the regulation of the charity sector in Canada. (Links to both documents are available in the full article).
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Minutes of Meetings Still a Vague Area in Terms of Style
- Arthur Drache
The term books and records seems to include minutes of meetings. In RC4909 dealing with record keeping, we find the following:
“the following must be kept as long as the charity remains registered and for two years after the registration is revoked:
• all records of any donations received by a registered charity that are subject to a direction by the donor that the property given be held by the charity for a period of not less than 10 years;
• minutes of meetings of the executive;
• minutes of meetings of the members;”
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CD Howe Insitute Publishes Paper by Adam Aptowitzer on Charity Regulation
- Adam Aptowitzer
Most charities accept the fact that regulation is necessary to ensure that the sector operates in a reasonably acceptable manner. That this regulation should be undertaken by the CRA has basically become unquestioned by the vast majority of Canadians. However, the CRA’s involvement in this role is actually more a product of necessity rather than a deliberate act in accordance with Canada’s constitution.
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2009 an Interesting Year for Ontario Charities
- Adam Aptowitzer
In two surprising announcements during the year, the Ontario government revealed important changes that had to all Ontario charities to varying degrees.
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Beware of Bill 139: Recent amendments to the Employment Standards Act
- Jeffrey (J.P.) McAvoy
On November 6, 2009, Bill 139 came into effect and charities with employees ought to be aware of the changes it made to the Employment Standards Act (ESA), particularly if their charity relies on temporary help agencies or employs elect-to-work employees.
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Foreign Membership Fees and Similar Payments
- Arthur Drache
The new proposed guidelines on foreign activities of Canadian charities has received generally positive reviews though the final reaction will have to await the final version of the document. It is worth noting that the new document explicitly states that it updates and replaces Guide RC4106, Registered Charities: Operating Outside Canada, and any previous policies regarding transfers to non-qualified donees.
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