by Dev User | Nov 30, 2017 | Charity & Not-for-Profit Law
Nov 2017 Charity & NFP Law Update
According to Global Affairs Canada, economic sanctions, sometimes referred to as financial sanctions, are financial restrictions imposed against countries, non-state actors (including, for example, corporations or terrorist organisations) or other designated persons from a target country. Examples of financial sanctions include asset freezes, export/import restrictions, financial prohibitions, technical assistance prohibitions, and arms embargoes. Financial sanctions, as a general rule, are not to be violated. This can raise challenges for charities, particularly those that operate abroad in regions where financial sanctions are in force and that may inadvertently accept money from or provide monetary assistance to sanctioned targets. To provide guidance in this regard, the United Kingdom’s Office of Financial Sanctions Implementation (“OFSI”), under HM Treasury department, has released a Financial Sanctions Guidance (“Guidance”) of general application, along with a FAQ Factsheet for Charities and Other Non-Governmental Organizations (“Factsheet”) addressing charity-specific issues for UK charities.
The Guidance provides a general overview of financial sanctions, discussing what financial sanctions are, why they exist, when and how to comply with them, as well as OFSI’s approach to licensing, exemption, compliance and enforcement of sanctions. As OFSI recognises that “financial sanctions regimes are in force in many areas where NGOs and charities operate,” the Factsheet acts as a supplement to the Guidance and provides additional information specifically pertaining to charities regarding compliance with financial sanctions. The Factsheet provides a list of frequently asked questions and answers, and discusses general issues concerning charities and financial sanctions, licenses that allow activity prohibited by financial sanctions, dealing with financial services organisations, and provides a list of resources with additional information for charities.
As the Factsheet was produced by OFSI, which is under a UK governmental department, it provides helpful insight to charities in the UK operating abroad, and particularly those operating at the forefront of international development and humanitarian assistance in regions where financial sanctions are in force. While the Factsheet does not have application to Canadian charities, certain Canadian practices regarding sanctions have similarities to those in the UK, such as the availability of permits and certificates. As such, the Factsheet may be a helpful resource to Canadian charities for understanding financial sanctions as they apply specifically to charities, and to assist charities with general due diligence and compliance with financial sanctions.
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by Dev User | Nov 30, 2017 | Uncategorized
Nov 2017 Charity & NFP Law Update
The 24th Annual Church & Charity Law™ Seminar hosted by Carters Professional Corporation in Mississauga, Ontario, on November 9, 2017, had more than 1,000 registered from the charitable and not-for-profit sector, including leaders of charities and churches, as well as accountants and lawyers. Designed to assist churches and charities in understanding developing trends in the law in order to reduce unnecessary exposure to legal liability, the Church & Charity Law™ Seminar has been held annually since 1994. All handouts and presentation materials are now available at the links below in the order as presented, with the web links being Power Point slide shows.
- Introduction, Agenda and Speaker Details
- Essential Charity & NFP Law Update presented by Jacqueline M. Demczur, B.A., LL.B.
- Direction and Control: What It is and How to Comply presented by Theresa L.M. Man, B.Sc., M.Mus., LL.B., LL.M.
- Critical Privacy Issues Involving Children’s Programs presented by Esther Shainblum, B.A., LL.B., LL.M., CRM
- Remuneration of Directors of Charities: What’s New? presented by Ryan M. Prendergast, B.A., LL.B.
- Changes and Developments in Employment Law presented by Barry W. Kwasniewski, B.B.A., LL.B.
- Governance Disputes Involving Charities and Not-for-Profits: The View from the Bench presented by The Honourable Justice David M. Brown
- Corporate Documents and Procedures to Help Avoid Governance Disputes presented by Esther S.J. Oh, B.A., LL.B.
- The Investment Spectrum for Churches & Charities presented by Terrance S. Carter, B.A., LL.B.
- Challenges in Regulating the Charitable Sector: Looking Back and Going Forward presented by Tony Manconi, B.A., Director General of the Charities Directorate with the Canada Revenue Agency Agency
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by Dev User | Nov 30, 2017 | Charity & Not-for-Profit Law, Employment Law
Nov 2017 Charity & NFP Law Update
December 31, 2017, is the deadline under the current reporting cycle for organizations to file the accessibility report in section 14(1) of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The deadlines of the reporting cycle are provided in Ontario Regulation 191/11, Integrated Accessibility Standards, under the AODA, which states that public and private organizations in Ontario, including not-for-profits, are required to file a report showing compliance with accessibility standards depending on the type of organization and its number of employees. There are three relevant categories of organizations: i) small organizations with less than 20 employees; ii) small organizations with more than 20 but fewer than 50 employees; iii) large organizations, defined as those with 50 employees or more; and iv) designated public sector organizations.
- Small organizations with less than 20 employees are exempt from the requirement to file an accessibility report under s. 14 of the AODA, but are still required to have accessibility policies in place and to train their employees and volunteers.
- Small organizations with more than 20 but fewer than 50 employees are also exempt from the requirement to file an accessibility report under s. 14 of the AODA, but are still required to report compliance with the accessibility standards for customer service in Part IV.2 of the regulation and the reporting cycle is every 3 years starting December 31, 2014.
- Large organizations are required to file the accessibility report under s. 14 of the AODA and that reporting cycle is also every 3 years starting December 31, 2014.
- For designated public sector organizations, such as hospitals and other public bodies as defined in the regulation, the reporting cycle is every 2 years starting December 31, 2013.
Failure to file a compliance report on time can result in a monetary penalty of up to $100,000.00 in the case of a corporation, with or without share capital, and $50,000.00 in the case of an individual or unincorporated organization.
Charities and not-for-profits should evaluate their current policies and practices to ensure they are in compliance with the requirements of AODA and its regulation and be ready to file their reports before the upcoming deadline of December 31, 2017.
Read the November 2017 Charity & NFP Law Update
