CHARITY LAW UPDATE

December, 2003
Editor: Terrance S. Carter

Please find below a listing of materials that were made available on our websites at www.charitylaw.ca, www.carters.ca and www.antiterrorismlaw.ca during the month of December, 2003. Click on these links to go to one of our sites or on the links below to go straight to an item of interest to you. Materials are often provided in both web and PDF formats, see the note below on viewing PDFs. Please feel free to forward this email to anyone (internal or external to your organization) who might be interested.

Highlights

  • Summary of Additions and Changes to the CCRA Website: 2002 and 2003
  • Tax Shelter Donation Schemes
  • Same Sex Marriage: What Churches and Religious Organizations Can Do In Response
  • New CCRA Policy on Charities that Provide Rental Housing for Low Income Tenants
  • New CCRA Policy on Gift Certificates
  • Upcoming Seminar (April 14, 2004) - 2nd National Symposium on Charity Law
    (see below for more details)

Printer friendly version at www.carters.ca/pub/update/charity/dec03.pdf.

Get on Our Mailing List: To automatically receive the free monthly Charity Law Update, send an email to info@carters.ca with "Subscribe" in the subject line. Please feel free to forward this Update to anyone (internal or external to your organization) who may be interested in being put on our monthly mailing list.


New Publications

"Summary of Additions and Changes to the CCRA Website: 2002 and 2003" (Charity Law Bulletin No. 29 December 1, 2003) by Terrance S. Carter and Suzanne E. White.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb29.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb29.htm

"Tax Shelter Donation Schemes" (Charity Law Bulletin No. 30 December 16, 2003) by Terrance S. Carter and Suzanne E. White.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb30.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb30.htm

"Same Sex Marriage: What Churches and Religious Organizations Can Do In Response" (Charity Law Bulletin No. 31 December 17, 2003) by Terrance S. Carter and Esther S. J. Oh.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb31.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb31.htm

"New CCRA Policy on Charities that Provide Rental Housing for Low Income Tenants" (Charity Law Bulletin No. 32 December 23, 2003) by Terrance S. Carter and Suzanne E. White.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb32.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb32.htm

"New CCRA Policy on Gift Certificates" (Charity Law Bulletin No. 33 December 31, 2003) by Terrance S. Carter and Suzanne E. White.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb33.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb33.htm


In the Press

Internet Search Engine Rankings High - A recent survey of search engines found Carter & Associates' site www.charitylaw.ca to be the #1 recommended site in the world on MSN.com, Lycos.com and Dogpile.com for charity law, as well as # 1 in the world for charity and not-for-profit law on Google.com and AltaVista.com (January 2004).

Terrance Carter and Charity Law Bulletin No. 30 on Tax Shelter Donation Schemes cited in Canadian Fundraiser eNews section In Brief (Vol 13 No 24, December 31, 2003).
[Link] www.canadianfundraiser.com/newsletter/article.cfm?ArticleID=989

Don Bourgeois cited in Canadian Fundraiser eNews article by Jim Hilborn titled "Government proposes to kill 'buy low/donate high' tax shelters" (Vol 13 No 23, December 15, 2003).
[Link] www.canadianfundraiser.com/newsletter/article.cfm?ArticleID=967

Canadian FundRaiser eNews included a link to Charity Law Bulletin No. 28 on the "Impact of the Personal Information Protection and Electronic Documents Act" (Vol 13 No 23, December 15, 2003).

Canadian FundRaiser eNews included links to Charity Law Bulletins 25 and 27 on "Saskatchewan nonprofit directors relieved of liability" and "Carter & Associates comment on latest CCRA policy on charity political activism" (Vol 13 No 21, November 23, 2003).


Recent Events and Presentation Materials

"The Impact of the Personal Information Protection and Electronic Documents Act (PIPEDA) on Ontario Business: Are you ready for January 1, 2004?" presented by Mark J. Wong for the Orangeville Chamber of Commerce (December 12, 2003).
[PDF] www.carters.ca/pub/seminar/charity/2003/mjw1212.pdf
[WEB] www.carters.ca/pub/seminar/charity/2003/mjw1212.htm

"Charities and Privacy Legislation - Are you ready for January 1?" presented by Mark J. Wong for the Synagogue and Temple Administrators of Toronto (December 11, 2003).
[PDF] www.carters.ca/pub/seminar/charity/2003/mjw1211.pdf
[WEB] www.carters.ca/pub/seminar/charity/2003/mjw1211.htm

"Director's Liabilities" was presented by Donald J. Bourgeois for the Etobicoke District Chartered Accountants' Association. (January 5, 2004)

"Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts" was presented by Terrance S. Carter for the Waterloo-Wellington Estate Planning Council. (January 8, 2004)


Upcoming Events and Presentations

"Directors, Officers and Trustees - How to do your job and avoid liability at the same time" to be presented by Donald J. Bourgeois at The Essential Curriculum in Charities course from Osgoode Hall Law School. (January 15, 2004)

More details at Osgoode's web site.
[Link] http://osgoode.yorku.ca/pdpwebsite.nsf/00580069eadebe7e85256a3f005763d1/7fb24ccb5 7be6d3c85 256d9 600577af2? OpenDocument&Date=2004-01-15#

"Privacy Compliance: What Charities Need to Do" to be presented by Mark J. Wong to the United Way of Peel Region (January 20, 2004).
[Register] www.carters.ca/pub/seminar/notice/2004/uwp20jan.pdf

Hospitals and Foundations Seminar Series (Day 1 - January 22, 2004) "Hospitals and Foundations in Transition: Issues and Opportunities" with keynote speaker David A. Brown, Chair of the Ontario Securities Commission. Details to follow.

Hospitals and Foundations Seminar Series (Day 2 - February 10, 2004) "Healthcare Philanthropy: Challenges and Solutions" with keynote speaker Maureen Kidd, Director General of the CCRA Charities Directorate, and talks on;
     "Recent Changes to the Income Tax Act and Policies Affecting Charities" by Terrance S. Carter,
     "Policy Based Board Governance: What Works & What Doesn’t" by Donald J. Bourgeois, and
     "How to Avoid Liability in Fundraising" by Terrance S. Carter.

Talks on "Same Sex Marriages", "Criminal Code Amendments (Bill -250- Hate Crimes)", "Recent Case Law Affecting Churches" and "Board Governance (Church Board and Trustee liability, governance and due diligence)" to be presented by Terrance S. Carter, Mervyn F. White, and Bruce W. Long for Grace Apostolic Church (January 31, 2004).

"Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts" to be presented by Terrance S. Carter for the Society of Estate and Trust Practitioners in Toronto (March 4, 2004).

Carter & Associates lawyers Terrance S. Carter, Donald J. Bourgeois, Jacqueline M. Connor and Esther S.J. Oh will be presenting at the 2nd National Symposium on Charity Law held in Toronto, April 14, 2004, by the Canadian Bar Association, Ontario Bar Association and the Canadian Association of Gift Planners on;

     "Extra Provincial Corporate and Fundraising Compliance for Charities",     
     "When Does It Become Director’s Negligence" and,
     "Avoiding Wasting Assets II - Intellectual Property Protection for Charities".

"Looking a Gift Horse in the Mouth: Legal Liabilities in Fundraising" to be presented by Terrance S. Carter at the 11th National CAGP Conference in Toronto (April 15, 2004).


Acknowledgements, Errata and Other Miscellaneous Items

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Copyright: All materials from Carter & Associates are copyrighted and all rights are reserved. Please contact us for permission to reproduce any of our materials.


DISCLAIMER: This is a summary of current legal issues provided as an information service by Carter & Associates. It is current only as of the date of publication and does not reflect subsequent changes in the law. The Charity Law Update is distributed with the understanding that it does not constitute legal advice or establish the solicitor/client relationship by way of any information contained herein. The contents are intended for general information purposes only and under no circumstances can be relied upon for legal decision-making. Readers are advised to consult with a qualified lawyer and obtain a written opinion concerning the specifics of their particular situation.
© 2004 Carter & Associates