This article takes a look at "social enterprise" and not-for-profits in light of two recent rulings from the Canada Revenue Agency which suggest that non-profit organizations cannot intentionally generate surpluses and retain their Income Tax Act (ITA) non-profit status.
Resources - Registered Charities
What kinds of business can a charity operate? Does the answer depend on the amount of money the operation makes? Is it an issue how the money is distributed? Or, is the answer related to the nature of the business — what is being done? Does it matter how the business is run? And anyway, why can’t charities do anything they want? These and similar questions increasingly preoccupy charities and their regulators. But why, in fact, are these questions at all? Explaining why these are questions and, in turn, answering them is a useful way to review the legal nature of charity and how our legal system regulates business-like operations. (keywords = related businesses, social enterprise_
These are challenging times for the volunteer boards of charities as they try to follow good governance practices in tough economic times. LawNow Volume 33, Issue 4 (March/April 2009)
Charity Central is an innovative new program funded by the Canada Revenue Agency. It places knowledge and tools in the hands of charities when they deal with taxation issues. LawNow Volume 33, Issue 4 (March/April 2009)
The new Canada Not-for-Profit Corporations Act (CNCA) came into force in the fall of 2011, bringing with it a new framework for the governance and incorporation of associations, charities and other federal not-for- profit organizations. The CNCA will replace Part II of the Canada Corporations Act (CCA), which has set the rules for not-for-profit organizations since 1917. This LawNow article sets out the 5 main steps that federally incorporated organizations need to take to transition to the new Act.
This edition of School's In examines non-profit and charitable organizations. In particular, how can the work of these organizations be analyzed to reflect curricular outcomes and provide a vehicle that enables students to become involved in local and global social action? LawNow Volume 33, Issue 4 (March/April 2009)
The complicated web of charities law dates back to the reign of Henry VIII and combines many different strands of law. LawNow Volume 33, Issue 4 (March/April 2009)
Board members must be careful about conflicts of interest and conflicts of loyalties.
This LawNow magazine article discusses the release of updated and more flexible guidance on charities’ foreign activities in July by the Canada Revenue Agency. It is available at: www.cra-arc.gc.ca/chrts-gvng/chrts/plcy/ cgd/tsd-cnd-eng.html. The new guidance features a wealth of concrete examples, a helpful listing of “measures of control,”and identifies a threshold under which a charity will not be expected to incur the expense and administrative burden of a written agreement before it contributes resources to an initiative.
Charities provisions in the 2012 federal Budget generated more attention than any measures relating to the sector have in a very long time. The government announced that it was tightening rules around charities’ political activities. The focus of the new requirements was mostly on enhanced reporting; however, embedded in the announcement was a crucial substantive change.