CHARITY LAW UPDATE

FEBRUARY 2004
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 February, 2004. 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

  • Limitations Act, 2002 (Ontario) Makes Sweeping Changes to When and How Proceedings Must be Commenced in Ontario
  • December 5, 2003 Income Tax Act Amendments Affecting Charities
  • New CRA Policy on Charities and Business Activities
  • Book listing added and materials now available by Donald J. Bourgeois as well as Terrance S. Carter and Jacqueline M. Connor.
  • 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/feb04.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

"Limitations Act, 2002 (Ontario) Makes Sweeping Changes to When and How Proceedings Must be Commenced in Ontario" (Charity Law Bulletin No.39 February 27, 2004) by Mervyn F. White.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb39.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb39.htm

"December 5, 2003 Income Tax Act Amendments Affecting Charities" (Charity Law Bulletin No.38 February 19, 2004) by Theresa L.M. Man and Terrance S. Carter.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb38.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb38.htm

"New CRA Policy on Charities and Business Activities" (Charity Law Bulletin No.37 February 19, 2004) by Terrance S. Carter and Suzanne E. White.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb37.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb37.htm

Chapter 1 of The Law of Charitable and Not-for-Profit Organizations: Third Edition by Donald J. Bourgeois now available.
     [PDF] http://www.carters.ca/pub/book/2002/LCNPOch1.pdf

Preface to Charities Law, 2003/2004 Edition, co-edited by Maria Elena Hoffstein, Terrance S. Carter and Adam Parachin, is now available.
     [PDF] http://www.carters.ca/pub/book/2003/CL03preface.pdf


In the Press

Canadian Fundraiser eNews included a link to Charity Law Bulletin No. 35 on "Bill C-45 and its Effect on Criminal Liability and Insurance Coverage for Charities" by Mervyn F. White, Bruce W. Long and Shen Goh.
     [Link] http://www.canadianfundraiser.com/newsletter/article.cfm?ArticleID=1026

Today's Family News included a link to Charity Law Bulletin No. 31 titled "Same Sex Marriage: What Churches and Religious Organizations Can Do In Response" (February 3, 2004).
     [Link] http://www.fotf.ca/familyfacts/tfn/2004/020304.html

Charity Law Bulletin No. 34 by Donald J. Bourgeois was reproduced in Charitable Thoughts (Vol. 7 No. 3, February 2004). "Policy Based Governance - What Works and What Doesn’t"
     [Link] http://www.carters.ca/news/2004/charthts/djbfeb.pdf

Charity Law Bulletin No. 31 by Terrance S. Carter and Esther S. J. Oh was reproduced in Christian Legal Journal (Winter 2004). "Same Sex Marriage: What Churches and Religious Organizations Can Do In Response"


Recent Events and Presentation Materials

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.
     [PDF] http://www.carters.ca/pub/seminar/charity/2004/hosp0122.pdf

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.
     [PDF] http://www.carters.ca/pub/seminar/charity/2004/hosp0210.pdf

"Performance Expectations and Employment Law - Maintaining a Balance" presented by Mervyn F. White at the "Not-for-Profit Performance Management Made Easy" workshop sponsored by Canadian Fundraiser (February 18, 2004).
     [PDF] http://www.carters.ca/pub/seminar/charity/2004/mfw0218.pdf    
     [WEB] http://www.carters.ca/pub/seminar/charity/2004/mfw0218.htm
     [Paper] http://www.carters.ca/pub/article/charity/2004/emp0218.pdf

Bruce W. Long, counsel to Carter & Associates, was recently in India as part of a volunteer team with the International Justice Mission (IJM). For more information on what the IJM does, visit their website at http://www.ijm.ca.


Upcoming Events and Presentations

"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 (STEPS) in Toronto (March 4, 2004).

2nd National Symposium on Charity Law (April 14, 2004) "What's New and What's Coming", being held in Toronto by the Canadian Bar Association (CBA), Ontario Bar Association (OBA) and the Canadian Association of Gift Planners (CAGP), is Co-Chaired by Terrance S. Carter with talks from Carter & Associates lawyers on;
     "Extra Provincial Corporate and Fundraising Compliance for Charities"
          by Jacqueline M. Connor and Esther S.J. Oh,
     "Board Governance - When Does It Become Director’s Negligence"
          by Donald J. Bourgeois (counsel to Carter & Associates),
     "Reform of the Canada Corporations Act"
          by Jane Burke-Roberston (counsel to Carter & Associates), and
     "Avoiding Wasting Assets II - Intellectual Property Protection for Charities"
          by Terrance S. Carter.
     More details at the CBA website.
     [Link] http://www.cba.org/CBA/CLE/cle00/charities.asp

"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). More details at the CAGP website.
     [Link] http://www.cagp-acpdp.org/ancon_frame.htm

Acknowledgements, Errata and Other Miscellaneous Items

Errata: Charity Law Bulletin No 30 revised slightly on February 17, 2004 to include further clarification on page 7 and reposted.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2003/chylb30.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2003/chylb30.htm

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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