Practical Guide For Charities and Humanitarian Organizations to Bill C-41 and the Provision of Aid

By Terrance S. Carter, Nancy E. Claridge and Sean S. Carter

Aug 2023 Charity & NFP Law Update
Published on August 31, 2023



Following the Taliban’s return to power in Afghanistan in August 2021, Canadian not-for-profits were prohibited from providing aid to the people in Afghanistan due to restrictions under Canada’s overly broad anti-terrorist legislation. In response — and as previously reported in AML/ATF and Charity Law Alerts No. 51 & 52 the federal government has adopted Bill C-41 to amend the anti-terrorist financing provisions in section 83.03 of the Criminal Code so that Canadian organizations may provide humanitarian aid and other assistance to those in need. While previous alerts have focussed on some of the issues and challenges posed by both the draft version of Bill C-41 (which was subsequently amended) and the final version adopted, this alert is intended to provide charities and not-for-profits with a practical overview of the processes anticipated by Bill C-41.

To read the balance of this Bulletin, please see AML/ATF and Charity Law Alert No. 53.