CHARITY LAW UPDATE

July 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, www.churchlaw.ca and www.antiterrorismlaw.ca during the month of March, 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

  • New Telemarketing Rules Will Have Onerous Impact on Charities
  • Extra-Provincial Corporate and Fundraising Compliance for Charities
  • Charities and Compliance with Anti-Terrorism Legislation in Canada: The Shadow of the Law
  • Legal Liabilities in Fundraising Series, published in Canadian Fundraiser eNews
  • 2004 Annual Church & Charity Law Seminar Announcement
    (see below for more details)

Printer friendly version at www.carters.ca/pub/update/charity/july04.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 Issue Date: This newsletter has previously been dated according to the month preceding publication to reflect the time period being covered but will from now on be dated according to the month in which it is published. We feel this format is an improvement


New Publications

"New Telemarketing Rules Will Have Onerous Impact on Charities" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.46, June 30, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb46.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb46.htm

"Extra-Provincial Corporate and Fundraising Compliance for Charities" by Esther S. J. Oh and Jacqueline M. Conner and assisted by Nancy E. Claridge (Charity Law Bulletin No.45, March 29, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb45.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb45.htm

"Charities and Compliance with Anti-Terrorism Legislation in Canada: The Shadow of the Law" by Terrance S. Carter (The International Journal of Not-for-Profit Law, Volume 6 Issue 3, June 2004).
     [Link] http://icnl.org/JOURNAL/vol6iss3/ar_carter.htm


In the Press

Canadian Fundraiser eNews published the second instalment in a series of articles by Terrance S. Carter: “Legal Liabilities in Fundraising II: Fundamental legal considerations involved in fundraising”. These articles provide a practical overview of the legal risks associated with charitable fundraising in Canada (June 30, 2004).
     [Link] www.canadianfundraiser.com/newsletter/article.asp?ArticleID=1414

Law Times Focus on Privacy Law Features an Interview with Mark J. Wong of Carter & Associates on recent Canadian legislation, PIPEDA, and their potential application to Charities and Not-for-Profit Organizations (June 21, 2004).
     [Excerpt] www.carters.ca/news/2004/lawtimes/mjw0621.htm

Canadian Fundraiser eNews published the first instalment in a series of articles by Terrance S. Carter: “Legal Liabilities in Fundraising I: Risk management needs to be proactive, planned”. These articles provide a practical overview of the legal risks associated with charitable fundraising in Canada (June 15, 2004).
     [Link] www.canadianfundraiser.com/newsletter/article.asp?ArticleID=1125

Christian Week coverage of Bruce Long's presentation at the Law and Church Leadership Seminar in Moncton, NB - “Passage of Bill-250 marks uncertain days for churches”, by Diane Trail (June 8, 2004).
     [Link] www.christianweek.org/Stories/vol18/no06/story4.html

The Parliamentary Library of Australia lists Carter & Associates as a key resource in its online reference tools under anti-terrorism law in Canada. (June 2004).
     [Link] www.aph.gov.au/library/intguide/law/crimlaw.htm#terrcanada


New Services from Carter & Associates

Anti-terrorism Due Diligence Search Service for Charities and Non-Profit Corporations Carter & Associates is now providing a due diligence search service on the practices of your organization and involved individuals in relation to the facilitation, funding or association with identified entities in order to comply with anti-terrorism legislation in Canada and other jurisdictions. June 2004. For more information please contact tcarter@carters.ca

Corporate Services for Charities and Non-Profit Corporations
New Corporate Service Packages for filings, annual corporate services and extra-provincial registrations. April 2004.
     [PDF] www.carters.ca/charity/corpserv.pdf


Recent Events and Presentation Materials

Schulich School of Business "Passport to Excellence” Breakfast Series was held at York University with Terrance S. Carter presenting "Looking A Gift Horse in the Mouth - Legal Liabilities Issues for Directors in Charitable Fundraising" (June 24, 2004).
     [PDF] www.carters.ca/pub/seminar/charity/2004/tsc0624.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2004/tsc0624.htm

Baptist Convention of Ontario and Quebec Assembly Workshop was held in Etobicoke with Carter & Associates lawyers presenting on the following topics (June 10, 2004);
     “Privacy Legislation” by Mark J. Wong,
     “Bill C-250 (Hate Propaganda)” by Bruce W. Long, and
     “Same Sex Marriage” by Terrance S. Carter and Mervyn F. White.
     [PDF] www.carters.ca/pub/seminar/church/2004/bapc0610.pdf

Investment Management Consultants Association Conference was held in Toronto with Terrance S. Carter presenting "Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts" (June 7-8, 2004).
     [PDF] www.carters.ca/pub/seminar/charity/2004/tsc0607.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2004/tsc0607.htm


Upcoming Events and Presentations

Congregational Christian Churches in Canada Workshop is being held in Brantford, Ontario, on July 8, 2004, with presentations by Carter & Associates lawyers on the following topics;
     “Bill C-250 (Hate Propaganda)” by Bruce W. Long, and
     “Same Sex Marriage” by Terrance S. Carter and Mervyn F. White.

Association of Treasurers of Religious Institutes (ATRI) 17th Annual Conference is being held on September 25, 2004 in Toronto with Mark J. Wong presenting on “Wrongful Dismissal and other Employment Issues”.

Trent Valley Association is hosting a seminar being held in Uxbridge, Ontario, on September 25, 2004, with presentations by Carter & Associates lawyers on the following topics;
     “Bill C-250 (Hate Propaganda)” by Bruce W. Long,
     “Same Sex Marriage and Privacy” by Mervyn F. White, and
     “The Constitutional Response” by Terrance S. Carter

Christian Legal Fellowship and the Evangelical Fellowship of Canada “Law & Church Leadership” will be held on September 30, 2004 in Vancouver, BC, with presentations by Carter & Associates lawyers on the following topics;
     “Privacy Legislation” by Mervyn F. White
     “Bill C-250 (Hate Propaganda)” by Bruce W. Long
     “Same Sex Marriage” by Terrance S. Carter and Mervyn F. White
     “Changes under the Income Tax Act” by Terrance S. Carter
     “Investigating Sexual Abuse” by Bruce W. Long, and
     “Bill C-45” by Mervyn F. White and Bruce W. Long

2004 Annual Church & Charity Law Seminar will be held on November 10, 2004, at the Young-Nak Korean Presbyterian Church of Toronto, and will include a presentation by the Director General, Charities Directorate of the Canada Revenue Agency. Registration details available in late summer.


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