CHARITY LAW UPDATE

May 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

  • Charities Directorate Provides Guidance on Gifts In Kind
  • Incorporating a Charitable or Not-for-Profit Organization
  • Trade-Mark and Domain Name Protection Primer for Charities
  • Legal Risk Management Checklist For Charities Updated
  • Materials presented at the Tax Update for Charities Seminar on;
         - Proposed Changes to the Income Tax Act and New Policies Affecting Charities, and
         - Budget Proposals - March 23, 2004
        (see below for more details)

    Printer friendly version at www.carters.ca/pub/update/charity/may04.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

"Charities Directorate Provides Guidance on Gifts In Kind" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.44, May 31, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb44.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb44.htm

"Incorporating a Charitable or Not-for-Profit Organization Chapter 3 of The Law of Charitable and Not-for-Profit Organizations: Third Edition" by Donald J. Bourgeois. Now available on our site. (May 2004).
     [PDF] www.carters.ca/pub/book/2002/LCNPOch3.pdf

"Trade-Mark and Domain Name Protection Primer for Charities" by Terrance S. Carter, assisted by Nancy E. Claridge (Charity Law Bulletin No.43, May 28, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb43.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb43.htm

"Legal Risk Management Checklist For Charities Updated" by Terrance S. Carter and Jacqueline M. Connor (May 2004).
     [PDF] www.carters.ca/pub/checklst/charity.pdf

Checklist and Reference Guide: Avoiding Wasting Assets II- Trade-Mark and Domain Name Protection for Charities by Terrance S. Carter (May 2004).
     [PDF] www.carters.ca/pub/checklst/trdmrk.pdf


New Services from Carter & Associates

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


ADDITIONS to www.antiterrorism.ca

BILL C-7 (As assented to May 6, 2004): An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety
     [PDF] www.parl.gc.ca/PDF/37/3/parlbus/chambus/house/bills/government/C-7_4.pdf
     [WEB] www.parl.gc.ca/37/3/parlbus/chambus/house/bills/government/C-7/C-7_4/C-7_                  cover.htm

Recent Addition to "Listed Entities" as of May 17, 2004: 35. Ansar al-Islam (AI) (also known as the Partisans of Islam, Helpers of Islam, Supporters of Islam, Soldiers of God, Kurdistan Taliban, Soldiers of Islam, Kurdistan Supporters of Islam, Supporters of Islam in Kurdistan, Followers of Islam in Kurdistan)
Complete list at www.psepc-sppcc.gc.ca/national_security/counter-terrorism/Entities_e.asp

Canada's National Security Policy - April 2004
View the document at www.pco-bcp.gc.ca/docs/Publications/NatSecurnat/natsecurnat_e.pdf

CBA Says Bill C-7 Threatens Fundamental Rights, Calls For Review Of Anti-Terrorism Measures - March, 18th, 2004
View the news release: www.cba.org/CBA/News/2004_Releases/PrintHtml.asp?DocId= 56301

Anti-Terrorism and The Security Agenda: Impact on Rights, Freedoms and Democracy - Report and Recommendations for Policy Direction of a Public Forum organized by the International Civil Liberties Monitoring Group - February 17, 2004
View the document at www.antiterrorismlaw.ca/Public%20Forum%20-%20ICLMG.pdf

Coalition of Muslim Associations Submission on Bill C-17 (February 27, 2003)
View the document at www.muslimlaw.org/COMO.C17.final.pdf


Recent Events and Presentation Materials

Christian Legal Intervention Academy meeting was held in Ottawa, May 31, 2004, with Mervyn F. White presenting "Documenting Policies for Same Sex Marriage and Religious Facility Use".sented by Mervyn F. White at the in Ottawa (May 31, 2004).
     [PDF] www.carters.ca/pub/seminar/church/2004/mfw0531.pdf
     [WEB] www.carters.ca/pub/seminar/church/2004/mfw0531.htm

Association of Fundraising Professionals Fundraising Day 2004 was held in Toronto, May 26, 2004, with Terrance S. Carter presenting "Fabulous Fun with Financial Fundamentals" A.K.A. "Looking a Gift Horse in the Mouth -Legal Liabilities in Fundraising".
     [PDF] www.carters.ca/pub/seminar/charity/2004/tsc0526.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2004/tsc0526.htm

Law & Church Leadership Seminar (May 14, 2004) was held in Moncton, NB, by the Evangelical Fellowship of Canada and Christian Legal Fellowship with talks from Carter & Associates lawyers on the following;

     "An Explanation of Bill C-250 (Hate Propaganda)" by Bruce W. Long,
     "Bill C-45 - An Explanation of the Civil Law Consequences Including Availability of      Insurance" by Mervyn F. White and Bruce W. Long,
     "Same Sex Marriages - Legal Context, Including Human Rights Issues and What Churches      Can Do in Response" by Terrance S. Carter and Mervyn F. White,
     "The Impact on Christian Counselling & Church Discipline Arising from the Recent Jehovah      Witness Case" by Mervyn F. White and Bruce W. Long,
     "Investigating Criminal Activities Including Sexual Abuse in the Church - How to Respond and      How to Protect the Church" by Bruce W. Long, and,
     "Important Recent Changes to the Income Tax Act & CRA Policies Affecting Churches" by      Terrance S. Carter, and
     "New Privacy Legislation & the Church - What Churches Need to Do in Response" by      Mervyn F. White.
     [PDF] www.carters.ca/pub/seminar/church/2004/LCL0514.pdf

Tax Update for Charities (May 5, 2004), a morning seminar hosted by Carter & Associates and Fasken Martineau in Toronto, presentation materials now available:

     "Proposed Changes to the Income Tax Act and New Policies Affecting Charities" by      Terrance Carter
     [PDF] www.carters.ca/pub/seminar/charity/2004/tsc0505.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2004/tsc0505.htm

     "Budget Proposals - March 23, 2004" by Elena Hoffstein.
     [PDF] www.carters.ca/pub/seminar/charity/2004/meh0505.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2004/meh0505.htm


Upcoming Events and Presentations

Investment Management Consultants Association meeting in Toronto on June 7, 2004, with Terrance S. Carter presenting "Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts".
For more details see the brochure at www.carters.ca/pub/seminar/notice/2004/IMCA0607.pdf

Baptist Convention of Ontario and Quebec Assembly Workshop to be held in Etobicoke on June 10, 2004, with Carter & Associates lawyers presenting on the following topics;
     "Privacy Legislation" by Mark J. Wong,
     "Bill C-250 (Hate Propaganda)" by Bruce W. Long,
     "Same Sex Marriage" by Terrance S. Carter and Mervyn F. White,

Schulich Passport to Excellence Breakfast Series in Toronto on June 24, 2004, features Terrance S. Carter speaking on "Looking a Gift Horse in the Mouth, Legal Liability Issues for Directors in Charitable Fundraising".
See Schulich website: www.schulich.yorku.ca/ssb-extra/alumni.nsf/allwebdocuments/alumni.

Congregational Christian Churches in Canada Workshop is being held in Brantford, Ontario, on July 8, 2004, with presentations by Carter & Associates lawyers for the 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.

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


Acknowledgements, Errata and Other Miscellaneous Items

Errata: Charity Law Bulletin No. 40, dated March 29, 2004, and the paper entitled "Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts" by Terrance S. Carter and Theresa L.M. Man, dated March 4, 2004, were both amended May 11, 2004, to change wording from "intention to make a gift" to "expectation to make a gift" in accordance with the specific wording of the draft proposed legislation amended on February 27, 2004.

If the above links do not work from your mail program, simply copy the link text and paste it into the address field of your internet browser.

Get on Our E-Mailing List: If you would like to be added to our electronic mailing list and receive regular updates when new materials are added to our site, send an email to info@carters.ca with "Subscribe" in the subject line. Feel free to forward this email to anyone (internal or external to your organization) who might be interested.

To be Removed: If you wish to be removed from our mailing list, please reply to this message with Remove in the subject line.

Privacy: We at Carter & Associates know how important your privacy is to you. Our relationship with you is founded on trust and we are committed to maintaining that trust. Personal information is collected solely for the purposes of establishing and maintaining client lists; representing our clients; and to establish and maintain mailing lists for the distribution of publications as an information service. Your personal information will never be sold to or shared with another party or organization. For more information, please refer to our Privacy Policy at www.carters.ca/privacy.pdf.

Viewing PDF files: We try to make materials available in both printer friendly [PDF] and web browser friendly [WEB] formats. To view and print PDFs, you must have Adobe's Free Acrobat Reader installed on your computer. Click on the following link to install it now, www.adobe.com/products/acrobat/readstep.html. If you have trouble opening a PDF file and have downloaded and installed the Acrobat Reader, try saving the file to your computer and opening it from there.

Disclaimer: Web site materials and all Legal Updates are distributed with the understanding that they do not constitute legal advice or establish the solicitor/client relationship by way of any information contained therein. The contents are intended for general information purposes only and under no circumstances can be relied upon for legal decision making without first consulting with a lawyer and obtaining a written opinion concerning the specifics of your particular situation. The views expressed by the contributors to the Various Legal Updates are those of the contributors and do not necessarily reflect the views of Carter & Associates.

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