www.carters.ca
www.charitylaw.ca
•Charities need
to be concerned about the due diligence
required to ensure that an “ineligible individual”
does not become involved or continue to be
involved in the oversight or management of the charity
•Budget 2011 states that a charity will
not be required to conduct background
checks, but even if the charity wanted to
review the information required to independently
assess whether an individual is ineligible,
it may not be publicly or easily available
–Possible to search for relevant criminal offences in Canada,
but abroad?
–Many relevant
offences (e.g., Securities Act convictions) are not tracked
in publicly available databases in Canada, or unlikely
abroad
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