CHARITY LAW UPDATE

JANUARY 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 January, 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

  • Policy Based Governance - What Works and What Doesn’t
  • Bill C-45 and its Effect on Criminal Liability and Insurance Coverage for Charities
  • CCRA Policy Statements Concerning Charitable Property
  • Upcoming Seminar (Feb 10) - "Healthcare Philanthropy: Challenges and Solutions" with keynote speaker Maureen Kidd, Director General of the CCRA Charities Directorate (see below for more details)

Printer friendly version at www.carters.ca/pub/update/charity/jan04.pdf.

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New Publications

"Policy Based Governance - What Works and What Doesn’t" (Charity Law Bulletin No. 34 January 28, 2004) by Donald J. Bourgeois.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb34.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb34.htm

"Bill C-45 and its Effect on Criminal Liability and Insurance Coverage for Charities" (Charity Law Bulletin No. 35 January 30, 2004) by Mervyn F. White, Bruce W. Long and Shen Goh.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb35.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb35.htm

"CCRA Policy Statements Concerning Charitable Property" (Charity Law Bulletin No. 36 January 30, 2004) by Terrance S. Carter and Suzanne E. White.
     [PDF] http://www.carters.ca/pub/bulletin/charity/2004/chylb36.pdf
     [WEB] http://www.carters.ca/pub/bulletin/charity/2004/chylb36.htm


In the Press

Coverage of the 2003 Annual Church & the Law Seminar in The Lawyers Weekly (January 30, 2004).
     "Churches should establish their position on same-sex marriage - pro or con"
     [Link] http://www.carters.ca/news/2004/lawyerwkly/clss0130.pdf
     "Churches must adapt to changing times - and laws"
     [Link] http://www.carters.ca/news/2004/lawyerwkly/cl0130.pdf

Charity Law Bulletin No. 25 by Terrance S. Carter was reproduced in Charitable Thoughts (Vol 7 No 2, January 2004) New CCRA Policy on Political Activities
     [PDF] http://www.carters.ca/news/2004/charthts/TSCjan.pdf

"Impact of the Personal Information Protection and Electronic Documents Act (PIPEDA) on Charitable and Non-Profit Organizations" by Mark J. Wong and based on his remarks at the Ontario Bar Association meeting of the Charity and Not-for-Profit Law Section recently published in Charitable Thoughts (Vol 7 No 2, January 2004).
     [PDF] http://www.carters.ca/news/2004/charthts/mjwjan.pdf

Charity Law Bulletin No. 28 by Mark J. Wong was reproduced in The Canadian Association Ezine (January 2004). "Impact of the Personal Information Protection and Electronic Documents Act (PIPEDA) on Charitable and Non-Profit Organizations"
    [Link] http://www.axi.ca/tca/Jan2004/guestarticle_5.shtml

The Canadian Association Ezine included a link to Charity Law Bulletin No. 33 on the "New CCRA Policy on Gift Certificates" by Terrance S. Carter and Suzanne E. White.
     [Link] http://www.axi.ca/tca/Jan2004/accordingtotherules.shtml


Recent Events and Presentation Materials

New Lawyer - Carter & Associates is pleased to announce that R. Johanna Blom, B.A., J.D., has joined the firm's litigation group and will be practicing in the area of Charity and Not-for-Profit Law as well as Human Rights and Family Law. (January 2004)
     [WEB] http://www.carters.ca/lawyers/jblom.html

How Should the Church Respond to Recent Legal Developments in Canada? and presentations made by Carter & Associates lawyers at this legal seminar hosted by Grace Apostolic Church in association with Canadian Apostolic Ministries in Scarborough, Ontario (January 31, 2004):

Same Sex Marriages: What Churches and Religious Charities Can Do in Response"
by Terrance S. Carter and Mervyn F. White,
[PDF] http://www.carters.ca/pub/seminar/charity/2004/tscmfw0131.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/tscmfw0131.htm

Criminal Code Amendments (Bill C-250- Hate Crimes)"
by Bruce W. Long,
[PDF] http://www.carters.ca/pub/seminar/charity/2004/bwl0131.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/bwl0131.htm

Recent Case Law Affecting Churches"
by Mervyn F. White, and
PDF] http://www.carters.ca/pub/seminar/charity/2004/mfw0131.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/mfw0131.htm

Board Governance Issues for Church Boards and Trustees"
by Terrance S. Carter
Legal Duties,
[PDF] http://www.carters.ca/pub/seminar/charity/2004/tsc0131a.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/tsc0131a.htm
Good Governance,
[PDF] http://www.carters.ca/pub/seminar/charity/2004/tsc0131b.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/tsc0131b.htm
Due Diligence
[PDF] http://www.carters.ca/pub/seminar/charity/2004/tsc0131c.pdf
[WEB] http://www.carters.ca/pub/seminar/charity/2004/tsc0131c.htm

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.

"Privacy Compliance: What Charities Need to Do" to be presented by Mark J. Wong to the United Way of Peel Region (January 20, 2004).
     [PDF] http://www.carters.ca/pub/seminar/charity/2004/mjw0120.pdf
     [WEB] http://www.carters.ca/pub/seminar/charity/2004/mjw0120.htm

"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).

"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)
     [PDF] http://www.carters.ca/pub/seminar/charity/2004/tsc0108.pdf
     [WEB] http://www.carters.ca/pub/seminar/charity/2004/tsc0108.htm

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


Upcoming Events and Presentations

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. More details on Fasken's      website.
     [Link] www.fasken.com/web/fmdwebsite.nsf/AllDoc/37E6A298DCAE34CD85256E1
               60068128D?OpenDocument

"Performance Expectations and Employment Law - Maintaining a Balance" to be presented by Mervyn F. White at the "Not-for-Profit Performance Management Made Easy" workshop sponsored by Canadian Fundraiser (February 18, 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 (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

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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