May 2018 Charity & NFP Law Update

– OPGT Releases Guidance on Payments to Directors
– Supreme Court of Canada Releases Decision in the Wall Case
– CRA News
– Legislation Update
– Corporate Update
– New Online Guidelines from the Office of the Privacy Commissioner of Canada
– Tax Issues on the Wind-up of Charities: Budget 2018 Expansion of Eligible Donees and Beyond
– GDPR Now in Force
– Special Senate Committee Update
– Standing Senate Committee Publishes Report on Social Finance
– Employer Not Liable for Sexual Assault
– 514-Billets Enters Into Voluntary Undertaking for CASL Violation
– Public Holiday Pay Review
– Federal Court Upholds Photographer’s Copyright and Moral Rights
– Federal Government Launches Intellectual Property Strategy
– US Court Holds Pledge to be Enforceable Contract
– Charity Commission Publishes Report on Insider Fraud Affecting Charities
– Anti-Terrorism/Money Laundering Update


May 2018 Charity & NFP Law Update

Tax Issues on the Wind-up of Charities: Budget 2018 Expansion of Eligible Donees and Beyond

May 2018 Charity & NFP Law Update

A resource paper discussing tax issues on the wind-up of charities was presented at the Canadian Bar Association’s 2018 National Charity Law Symposium on May 11, 2018. The paper provides an overview of federal income tax matters that can arise on the winding-up of a charity, and more specifically in relation to the application of the “revocation tax.” It discusses the revocation tax under the ITA, a brief discussion of corporate and common law issues related to the revocation tax, ways to reduce the revocation tax, and potential strategies to mitigate the revocation tax using multiple corporate structures.

The balance of the paper can be accessed here.


Read the May 2018 Charity & NFP Law Update

GDPR Now in Force

May 2018 Charity & NFP Law Update

The European Union’s Regulation 2016/679, General Data Protection Regulation (“GDPR”) came into force on May 25, 2018 and could have a significant impact upon some charities and not-for-profits in Canada.

As discussed in Charity & NFP Law Bulletin No. 419 and in the March 2018 Charity & NFP Law Update, the GDPR introduced sweeping changes to the privacy rights of individual “data subjects” with global effects that may extend to organizations operating in Canada.

In the wake of the long lead-up to the May 25, 2018 deadline, a number of Canadian organizations have been updating their privacy policies in order to comply with the GDPR and have been informing their users of the changes to their terms.

Similarly, as discussed in the March 2018 Charity & NFP Law Update, Canadian charities and not-for-profits that may collect or process personal data of European Union residents could be caught by the GDPR.  In light of the significant penalties associated with a breach of the GDPR, such Canadian charities and not-for-profits should take proactive measures to review and update their privacy policies and consent mechanisms in order to ensure that they comply with the GDPR, and should be bringing those changes to the attention of their clients, users and other stakeholders. 


Read the May 2018 Charity & NFP Law Update