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Carters Professional Corporation is a full service law firm with lawyers who have experience
in the following areas.
Areas of Practice
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Recent Publications and News Releases
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Charity Law Update- July/August
2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Charities, NPOs and the HST
by Karen J. Cooper.
Charity Law Bulletin
No.222, July 29, 2010
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Air India Report Examines Role
of Charities in Terrorist Financing
by Terrance S. Carter, Nancy E. Claridge and Sean S.
Carter.
Anti-Terrorism
and Charity Law Alert No.22, July 29, 2010
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Recent Income Tax Act
Amendments That Affect Charities
by Theresa L.M. Man.
Charity Law Bulletin
No.221, July 29, 2010
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Countdown to the Canada
Not-For-Profit Corporations Act - Practice Tip #6:
Drafting By-Laws on Absentee Voting By Members by
Jane Burke-Robertson and Theresa L.M. Man.
Charity Law Bulletin
No.220, July 29, 2010
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CRA's Revised Guidance For Canadian
Registered Charities Carrying Out Activities Outside
Canada by Terrance S. Carter
and Karen J. Cooper.
Charity Law Bulletin
No.219, July 29, 2010
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Human Rights Tribunal of Ontario
Rules Settlements and Releases Are To Be Enforced
by Barry W. Kwasniewski.
Charity Law Bulletin
No.218, July 28, 2010
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Charity Law Update- June 2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Technical Interpretations Re:
Clergy Residence Deduction
by Jennifer M. Leddy.
Church Law Bulletin
No.30, June 24, 2010
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Applications for Enforcement
of Fundraising Agreements Dismissed
by Terrance S. Carter.
Charity Law Bulletin
No.217, June 24, 2010
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Tax Court of Canada Dismisses
Appeals Related To Donation Tax Fraud Scheme
by Karen J. Cooper.
Charity Law Bulletin
No.216, June 24, 2010
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Overview of the Air India Report
Concerning Terrorist Financing
by Terrance S. Carter and Nancy E. Claridge.
Anti-Terrorism
and Charity Law Alert No.21, June 24, 2010
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Countdown to the Canada
Not-For-Profit Corporations Act - Practice Tip #5:
Drafting By-Laws for Continuance Under the CNCA by
Jane Burke-Robertson.
Charity Law Bulletin
No.215, June 24, 2010
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Employee Overtime: Know the Rules
and Reduce the Risks by
Barry W. Kwasniewski.
Charity Law Bulletin
No.214, June 24, 2010
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Air India Report Warns Against
Hindering the Work of "Honest Charities"
On June 17, 2010 the Final Air India
Report was released. The link to the full report is http://www.majorcomm.ca/en/reports/finalreport/.
The Report's Volume 5 on Terrorist Financing will be of
particular interest to charities. Several of the recommendations
contained in Volume 5 are encouraging for charities, specifically
the following:
"It is essential that measures to defeat the use
of charities or NPOs for TF [terrorist financing] not
unnecessarily impede the valuable activities of legitimate
organizations. Any new guidelines or best practices
that the CRA may contemplate to help it address TF in
the charitable sector should be developed in close cooperation
with the charitable sector. The work of honest charities
should not be hindered because of unrealistic guidelines
or best practices."
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Update on Bill 65, The Ontario
Not-For-Profit Corporations Act
On June 2, 2010 Bill 65, Ontario Not-for-Profit Corporations
Act, 2010, passed second reading and was ordered
to the Standing Committee on Social Policy. Bill 65
proposes reforms to Ontario incorporated charities similar
to that found in the Canada Not-for-Profit Corporations
Act and will modernize the incorporation process
required for charities and not-for-profits.
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Charity Law Update- May 2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Countdown to the Canada
Not-For-Profit Corporations Act - Practice Tip #4:
Discipline of Members and New Remedies Under CNCA by
Jane Burke-Robertson.
Charity Law Bulletin
No.213, May 27, 2010
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Divisional Court Decision Provides
Mixed Results in Christian Horizons Appeal
by Jennifer M. Leddy and Terrance S. Carter.
Church Law Bulletin
No.29, May 26, 2010
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CRA Releases Final Guidance on
Upholding Human Rights and Charitable Registration
by Terrance S. Carter.
Charity Law Bulletin
No.212, May 26, 2010
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No Entitlement to Director Indemnification
for Bad Faith Acts by Nancy
E. Claridge.
Charity Law Bulletin
No.211, May 26, 2010
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Introduction of Bill 65, The
Ontario Not-For-Profit Corporations Act
by Jane Burke-Robertson and Terrance S. Carter.
Charity Law Bulletin
No.210, May 25, 2010
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Ontario Court Affirms the Fiduciary
Obligations Owed By Directors of Charitable Organizations
by Terrance S. Carter.
Charity Law Bulletin
No.209, May 25, 2010
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British Columbia Supreme Court
Rules Employee Critical of Management Properly Dismissed
For Cause by Barry W. Kwasniewski.
Charity Law Bulletin
No.208, May 25, 2010
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Charity Law Update- April 2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Considerations in Drafting Investment
Policies in Ontario by
Terrance S. Carter.
Charity Law Bulletin
No.207, April 29, 2010
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The Parameters of Political Activities
for Registered Charities
by Jennifer M. Leddy.
Charity Law Bulletin
No.206, April 28, 2010
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Employers Be Aware: New Ontario
Law Will Increase Reporting Obligations Regarding Child
Pornography by Barry W.
Kwasniewski.
Charity Law Bulletin
No.205, April 28, 2010
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Business Activities - Raising
Revenue Through Business Activities Without Violating
Legal Principles: Part 3
by Donald J. Bourgeois.
Charity Law Bulletin
No.204, April 27, 2010
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Charity Law Update- March 2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Tax Court of Canada Considers
Solicited Donations by
Karen J. Cooper.
Charity Law Bulletin
No.203, March 30, 2010
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Bill C-470 Proposes Salary Cap
on Charities by Terrance
S. Carter.
Charity Law Bulletin
No.202, March 30, 2010
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CRA Jurisdiction to Revoke Charitable
Status Confirmed By Court of Appeal
by Karen J. Cooper.
Charity Law Bulletin
No.201, March 30, 2010
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Business Activities - Raising
Revenue Through Business Activities Without Violating
Legal Principles: Part 2
by Donald J. Bourgeois.
Charity Law Bulletin
No.200, March 30, 2010
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Countdown to the Canada Not-For-Profit
Corporations Act - Practice Tip #3: Election and Appointment
of Directors by Jane Burke-Robertson
and Jennifer M. Leddy.
Charity Law Bulletin
No.199, March 29, 2010
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Ontario Court of Appeal Confirms:
"Dependent Contractors" Entitled To Reasonable
Notice of Termination by
Barry W. Kwasniewski.
Charity Law Bulletin
No.198, March 29, 2010
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Significant Benefit for Charities
in 2010 Federal Budget DQ Reform
by Karen J. Cooper and Terrance S. Carter.
Charity Law Bulletin
No.197, March 8, 2010
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Charity Law Update- February
2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Business Activities - Raising
Revenue Through Business Activities Without Violating
Legal Principles by Donald
J. Bourgeois.
Charity Law Bulletin
No.196, February 25, 2010
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Federal Court Of Appeal Rules
Successful Human Rights Complainants Cannot Be Awarded
Their Legal Costs by Barry
W. Kwasniewski.
Charity Law Bulletin
No.195, February 25, 2010
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The Application of the Competition
Act to Fundraising by Charities and Not-For-Profit
Organizations by Terrance
S. Carter.
Charity Law Bulletin
No.194, February 25, 2010
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Countdown to the Canada Not-For-Profit
Corporations Act - Practice Tip #2: Continuance
of CCA Part II Corporations
by Jane Burke-Robertson.
Charity Law Bulletin
No.193, February 25, 2010
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Investment Powers of Charities
and Not-For-Profits under Ontario's Trustee Act
by Terrance S. Carter.
Charity Law Bulletin
No.192, February 25, 2010
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Charity Law Update- January 2010
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Countdown to the Canada Not-For-Profit
Corporations Act - Practice Tip #1: To be or not
to be a Soliciting Corporation
by Jane Burke-Robertson.
Charity Law Bulletin
No.191, January 28, 2010
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Banyan Tree Class Action Receives
Certification by Karen
J. Cooper.
Charity Law Bulletin
No.190, January 28, 2010
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Ontario Bill 168 Receives Royal
Assent: Employers Will Need to Address Workplace Violence
and Harassment Prevention
by Barry W. Kwasniewski.
Charity Law Bulletin
No.189, January 28, 2010
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Passion and Defamation
by Donald J. Bourgeois.
Charity Law Bulletin
No.188, January 28, 2010
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A Proposed Alternative to Split-Receipting
by Professor Adam Parachin.
Charity Law Bulletin
No.187, January 28, 2010
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Cornwall Inquiry Releases Report
with Recommendations Regarding the Prevention Of and
Responses to Child Abuse
by Terrance S. Carter and Esther S.J. Oh.
Church Law Bulletin
No.28, January 28, 2010
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Highlights of CRA Registered
Charities Newsletter Fall 2009
by Terrance S. Carter and Karen J. Cooper .
Charity Law Bulletin
No.186, January 28, 2010
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Charity Law 2009 - Year in Review
by Terrance S. Carter, Karen J. Cooper and Theresa L.M.
Man.
Charity Law Bulletin
No.185, January 27, 2010
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Charity Law Update- December
2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Tax Court of Canada Denies Leveraged
Donation Tax Credit by
Karen J. Cooper.
Charity Law Bulletin
No.184, December 18, 2009
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Pregnant Employees: Employers
Need To Know Their Legal Responsibilities
by Barry W. Kwasniewski.
Charity Law Bulletin
No.183, December 18, 2009
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Charity Commission of England
and Wales Releases Compliance Toolkit on Charities and
Terrorism by Nancy E. Claridge
and Terrance S. Carter.
Anti-Terrorism
and Charity Law Alert No.20, December 18, 2009
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Report of the Standing Committee
on Finance Recommends Changes to Encourage Charitable
Giving by Terrance S. Carter.
Charity Law Bulletin
No.182, December 17, 2009
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U.S. Report on the Impact of
Terrorism Laws on Charities and How the Work of Charities
Can Counter Terror by Terrance
S. Carter and Sean S. Carter.
Anti-Terrorism
and Charity Law Alert No.19, December 17, 2009
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Charity Law Update- November
2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Bill 212 Brings Significant Reform
to the Regulation of Charities in Ontario
by Terrance S. Carter.
Charity Law Bulletin
No.181, November 26, 2009
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Australian Commission Proposes
Overhaul of Charity and Not-For-Profit Regulation in
Australia by Terrance S.
Carter.
Charity Law Bulletin
No.180, November 26, 2009
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Funding the Sector - The Need
for Substantial Reform
by Donald J. Bourgeois.
Charity Law Bulletin
No.179, November 25, 2009
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Waivers of Liability for Charity
and Not-For-Profit Events: An Update of the Law
by Barry W. Kwasniewski.
Charity Law Bulletin
No.178, November 25, 2009
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Updated Legal Risk Management
Checklist for Not-for-Profit Organizations
by Terrance S. Carter and Jacqueline M. Demczur.
Updated October
2009.
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Charity Law Update- October 2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Charity Commission of England
and Wales 2008-2009 Report on Compliance
by Terrance S. Carter.
Charity Law Bulletin
No.177, October 28, 2009
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Top Court Minimizes Freedom of
Religion in Hutterite Case
by Jennifer M. Leddy.
Church Law Bulletin
No.27, October 28, 2009
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The Legal Context of Nonprofit
Management, by Terrance
S. Carter and Karen J. Cooper, chapter 5 of The Management
of Nonprofit and Charitable Organizations in Canada,
2nd Edition,, is now available to download.
Posted October
2009
Book available through Butterworths
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Updated Legal Risk Management
Checklist for Charities
by Terrance S. Carter and Jacqueline M. Demczur.
Updated October
2009.
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Charity Law Update- September
2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Ontario Public Guardian and Trustee
Provides Tips on Charitable Fundraising
by Terrance S. Carter.
Charity Law Bulletin
No.176, September 29, 2009
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Just Cause for Employee Dismissal:
What Employers Need To Know
by Barry W. Kwasniewski.
Charity Law Bulletin
No.175, September 29, 2009
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The Charitable Gifts Act:
A Commentary by Donald
J. Bourgeois.
Charity Law Bulletin
No.174, September 29, 2009
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Report On the 2007 Canada Survey
On Giving, Volunteering And Participating
by Terrance S. Carter.
Charity Law Bulletin
No.173, September 28, 2009
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Charity Law Update- July/August
2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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CRA's Proposed New Guidance for
Charities Operating Outside of Canada
by Terrance S. Carter and Karen J. Cooper.
Charity Law Bulletin
No.172, July 30, 2009
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Life in the Balance: Supreme
Court of Canada Weighs the Rights of Mature Adolescents
to Refuse Medical Treatment
by Jennifer M. Leddy.
Church Law Bulletin
No.26, July 30, 2009
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Enduring Property and The Disbursement
Quota by Theresa L.M.
Man.
Charity Law Bulletin
No.171, July 29, 2009
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Federal Court of Appeal Allows
CRA to Withdraw Compliance Agreement
by Terrance S. Carter.
Charity Law Bulletin
No.170, July 29, 2009
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OECD Report Suggests That Canada's
Charities Are Vulnerable to Abuse
by Terrance S. Carter and Sean S. Carter.
Anti-Terrorism
and Charity Law Alert No.18, July 29, 2009
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Charity Law Update- June 2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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The Revised CRA Guidance on Fundraising:
Improved but Still Challenging
by Terrance S. Carter.
Charity Law Bulletin
No.169, June 25, 2009
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Probationary Employees: What
Employers Need to Know
by Barry W. Kwasniewski.
Charity Law Bulletin
No.168, June 24, 2009
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Just Released - CRA Fundraising
Guidance On June 11, 2009,
CRA released the new Guidance on Fundraising by Registered
Charities, CPS-028, available through the CRA website.
A Charity Law Bulletin providing commentary on
this guidance will follow in the near future.
CRA Guidance on
Fundraising, CPS-028
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Charity Law Update- May 2009
Updating Charities and Not-For-Profit
Organizations on recent legal developments.
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Non-Profit Commercial Activity:
A Case Comment on the BBM Canada Decision
by Karen J. Cooper.
Charity Law Bulletin
No.167, May 29, 2009
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CRA Draft Guidance on the Protection
of Human Rights and Charitable Registration
by Terrance S. Carter.
Charity Law Bulletin
No.166, May 28, 2009
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Upcoming Events and Presentations
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St.
Paul University's Faculty of Canon Law Legal Seminar
being held at the university in Ottawa, Ontario, on August
18-25, 2010, will include the following presentations:
"Corporate Compliance
Issues for Religious Orders" by Terrance S. Carter
and Jennifer M. Leddy (English only); and
"Canada Revenue Agency" by Karen J. Cooper
(English & French).
August 18-25, 2010
Details
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Recent Events and Presentation Materials
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The
CBA Canadian Legal Conference 2010
being held in Niagara Falls, Ontario, included a talk
by Karen J. Cooper and Jane Burke-Robertson in the session
entitled "A Comparison of Jurisdictions for Your
Charitable Organization."
August 15-17, 2010
Details
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The
Implications of the New CRA Fundraising Guidance for Charities
was presented by Terrance S. Carter as part of the Regional
Municipality of Halton's free seminar series "Leadership
Matters: Building Your Legal Know How" in Milton,
Ontario.
June 15, 2010
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Filing
the T3010B Registered Charity Information Return was
presented by Theresa L.M. Man as part of Imagine Canada's
Charity Tax Tuesdays, a free webinar series for Canadian
charities.
June 15, 2010
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Healthcare
Philanthropy: Check-Up 2010,
hosted by Carters Professional Corporation and Fasken
Martineau DuMoulin LLP, was held at The Estates of Sunnybrook
in Toronto, Ontario, included the following presentations:
"Charity Law Update:
The Year in Review" by M. Elena Hoffstein of Fasken
Martineau
"What the Federal Budget Disbursement Quota Reform
Will Mean to Your Charity" by Theresa L.M. Man
of Carters;
"The Practical Implications of CRA's Fundraising
Guidance: One Year Later" by Terrance S. Carter
of Carters; and
"Harmonization:
"The Top 5 Things Charities and Not-for-Profits
Need to Know about the HST" by Paul V. Cassucio
of Fasken Martineau.
June 10, 2010 |
| Thoughts
on Child Protection Policies: How to Make them Work for
your Non-Profit or Charity
was presented by Esther S.J. Oh as part of a risk management
seminar series hosted by Imagine Canada.
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The
2010 Christian Legal Intervention Academy
hosted by Faith and Freedom Alliance at St. Michael's
College in Toronto, Ontario, included the following presentations:
"Human Rights: an
Overview" by Mervyn F. White; and
"Human Rights Concerns: What Churches And Religious
Organizations Can Do In Response" by Terrance S.
Carter.
June 5, 2010 |
| Hamilton
Law Association's CLE Round Table Session on Charity Law
included a presentation
by Terrance S. Carter entitled "Advising the Charitable
Client."
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Fundraising
Activities and CRA Guidelines was
presented by Terrance S. Carter as part of Imagine Canada's
Charity Tax Tuesdays, a free webinar series for Canadian
charities.
June 1, 2010
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Owen
Sound Regional Hospital Foundation Workshop for Professional
Advisors included a presentation
by Terrance S. Carter entitled "Implications of Disbursement
Quota Reform."
May 27, 2010
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| 2010
Church Protection Plus Risk Management Symposium
hosted by Robertson Hall in Mississauga,
Ontario, included a presentation by Bruce W. Long entitled
"Criminal Charges and Regulation Offences."
May 27, 2010
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Ottawa
Region Charity & Not-for-Profit Law Seminar,
held on Thursday, February 18,
2010, had more than 280 attendees.
Presentation Materials
now available!
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Advising
the Charitable Client: Risk Management Strategies
was presented by Terrance Carter as part of a panel discussion
with Bill Pashby entitled Lawyers on Non-Profit &
Charity Boards: Prestige, Reward, Pro Bono, Anxiety, Conflicts
of Interest and other Pitfalls at the OBA Institute.
February 16, 2010
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Understanding
CRA's New Guidance on Fundraising
was presented by Terrance S. Carter as part of the Catholic
Archdiocese of Toronto - ShareLife Agencies session.
January 28, 2010
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Current
Issues Under the Income Tax Act Affecting Charities
was presented by Terrance
S. Carter and Theresa L.M. Man as part of the Canadian
Fundraising & Philanthropy Key to the Sector Workshop
series in Toronto, Ontario.
January 20, 2010
Details
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The
Institute of Chartered Accountants (ICAO) Professional
Development Seminars in Toronto,
Ontario, entitled "Directors & Officer Liability
- The Essentials and Beyond" by Terrance S. Carter
and "Current Issues under the Income Tax Act Affecting
Charities" by Terrance
S. Carter and Theresa L.M. Man.
Session details:
Morning
Afternoon
December 10, 2009 |
Certified
General Accountants of Ontario Professional Development
Seminars in Toronto, Ontario,
entitled "The Income Tax Act and Charities: Current
Issues" and "Directors' and Officers' Liability:
The Essentials and Beyond" were presented by Karen
J. Cooper in Toronto, Ontario.
Session details:
Morning
Afternoon
December 3, 2009 |
The
Association of Fundraising Professionals (AFP) Congress
2009 - Enhancing Philanthropy Around the World
in Toronto, Ontario, included the following presentations
by Terrance S. Carter and Elena M. Hoffstein:
"Essential Charity
Law Update:"
"New CRA Policy on Foreign Activities:" and
"Maximizing a Charitable Gift."
November 30, 2009 |
The
Canadian Association of Gift Planners (CAGP) Ottawa Roundtable
included Terrance S. Carter and Karen J. Cooper speaking
on "Essential Charity Law Update: What Every Gift
Planner Needs to Know."
November 19, 2009
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| The
12th Annual Estates and Trusts Summit hosted by the Law
Society of Upper Canada,
held in Toronto, Ontario, included a presentation by Terrance
S. Carter entitled "Charity Law Update for Estates
and Trusts Practitioners: The Past Year in Review."
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2009
Annual Church & Charity Law™ Seminar
was held on Tuesday, November 10,
2009 at the Young-Nak Korean Presbyterian Church of Toronto,
with over 600 in attendance.
Presentation Materials
now available!
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The
Institute of Chartered Accountants (ICAO) Professional
Development Seminars, included
a presentation by Karen J. Cooper entitled "Directors
& Officer Liability - The Essentials and Beyond"
in Ottawa, Ontario.
November 9, 2009
Details
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New
York University National Centre on Philanthropy and the
Law's 21st Annual Conference,
held in New York, included a presentation by Terrance
S. Carter and Theresa L.M. Man entitled "Measuring
Comparative Worthiness: Striation of Charities in Canada."
Paper
October 30, 2009
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The
2009 Gathering of the Ontario Land Trust Alliance (OLTA),
"Solid Foundation: Together We Can,"
in Barrie, Ontario, included a presentation by Karen J.
Cooper entitled "Recent Tax Changes."
October 30, 2009
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The
University of Ottawa Introduction to the Law of Charities
and Non-Profit Organizations,
included a talk by Terrance S. Carter entitled "Related
Business and Social Enterprise."
October 19, 2009
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Humber
College Graduate Course on Fundraising,
included a presentation by Terrance S. Carter entitled
"Understanding CRA New Guidance on Fundraising and
How it Impacts What Fundraisers Do."
October 13, 2009
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Institute
of Advanced Financial Planners' Symposium 2009,
held in London, Ontario, included a presentation by Terrance
S. Carter entitled "Effectively Structuring Endowment
Agreements."
October 1, 2009
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The
Canadian Council of Christian Charities Annual Conference,
held in Mississauga, Ontario, included the following presentations:
"CRA's New Policy
on Canadian Charities Operating Outside of Canada"
by Terrance S. Carter, and
"CRA's Proposed New Guidance on Advancement of
Religion as a Charitable Purpose" by Terrance S.
Carter and Jennifer M. Leddy.
September 29, 2009 |
Association
of Treasurers of Religious Institute's Conference 2009,
held in Ottawa, Ontario, included the following presentations:
"Recent CRA Developments
Affecting Religious Charities" by Terrance S. Carter,
"Charities Operating Outside Canada" by Karen
J. Cooper, and
"The Meaning of the Advancement of Religion as
a Charitable Purpose" by Jennifer M. Leddy.
September 26 and 27, 2009
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2009
Canadian Land Trust Annual Conference,
held in Halifax, Nova Scotia, included the following presentations:
"Recent Tax Changes
and How They Affect Your Land Trust" by Karen J.
Cooper, and
"Legal and Ethical Responsibilities of Board Members"
by Karen J. Cooper and Konrad Leigel.
September 24 to 26, 2009
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Understanding
CRA's New Guidance on Fundraising & How it Impacts
Your Fundraising, a free
webinar hosted by the Association of Fundraising Professionals
was presented by Terrance Carter with Ken Mayhew as moderator.
September 23, 2009
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Tax
Expenditures and Public Policy in Comparative Perspective,
a conference co-sponsored by the Canadian Tax Foundation
and York University among others, was held at Osgoode
Hall Law School with Karen J. Cooper presenting "Ecological
gifts are a bargain."
September 11 and 12, 2009
Video of Conference - See Day 2
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The
Institute of Chartered Accountants Professional Development
Seminars included a presentation
by Karen J. Cooper in Ottawa, Ontario, entitled "Current
Issues Under the Income Tax Act Affecting Charities."
July 9, 2009
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| Healthcare
Philanthropy: Check-Up 2009,
hosted by Fasken Martineau DuMoulin LLP and Carters Professional
Corporation, was held at The Estates of Sunnybrook in
Toronto, Ontario, and included the following presentations:
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