While I was on a recent trip to Rome
- marvelling at the heritage that surrounds you, the legacy
of infrastructure dating back two millennia, of artistic
expression and creativity that spans centuries, and of support
for the charitable or not-for-profit sector – several newspaper
articles were run which speak to the funding difficulties
for the sector in Canada. One of the articles reported on
the Canadian Heritage Minister’s speech that the arts and
culture sector needed to find other sources of revenues
than governments. This pronouncement, at least as it was
reported, seemed to suggest that the charitable or not-for-profit
sector – not just the arts and culture component – was oblivious
to the risks of relying upon one primary source of revenue.
Those risks are exacerbated by a government that is erratic
in its approach to funding and to the sector, and one that
has not defined its objectives, much less a clear public
policy for the sector.
While the problems are readily apparent,
and have been noted repeatedly, the solutions are not. There
are limited sources of revenue for an organization, be it
one that is involved in arts and culture, education, religion,
or social services. Those sources include grants from governments
(federal, provincial, municipal) and their agencies, private
sector sponsorships, private donations, membership fees,
and volunteer in-kind contributions.
Investment income is another source,
but few organizations have sufficient investments to generate
any reasonable and reliable level of income – and those
organizations tend to be educational, health care and similar
institutions that receive substantial allocations from governments
for both capital and operating expenses. Changes to the
Income Tax Act have also complicated the situation
for organizations that do have investments. These investments
have been considered as enduring property in a convoluted
formula that is difficult to comprehend for most volunteers
and many professionals in the sector.
There are two other sources of revenue
– earned revenues and “reduced expenses.” This latter opportunity
is not a direct source of revenue for most organizations,
but clearly a reduction in expenditures allows an organization
to operate with a lower budget or expand its operations
in other, more beneficial, ways.
The difficulty for many organizations
is the lack of clarity around what organizations may and
may not do with respect to earned revenue and using other
organizations to provide certain services. Earned revenue
has historically been limited to the income earned from
charging for the goods and services provided by an organization
as part of its mandate – a charitable performance organization
earns income from the sale of tickets to the public; a social
service agency charges for meals, albeit at a reduced rate.
It is this “albeit,” though, that runs through Canada Revenue
Agency’s (CRA’s) approach to earned income. Organizations
have difficulty complying with CRA’s approach and “turning
a profit” on earned income. Any organization that looked
to budgeting profits on an ongoing basis would certainly
need to have in its back pocket a strong legal opinion and
accounting advice to support its position.
While the Minister speaks of the need
for the sector not to rely on a few pillars of support,
the reality is that there are only a few pillars upon which
most organizations can rely without risking registration
as a charity. That asset, of course, is critical to the
long term success of the organization. Organizations cannot
easily experiment with other forms of revenue, including
evolving concepts. The legal structure put in place is one
obstacle. Another is the very low tolerance level most organizations
have for errors.
One relatively minor error can kill an
organization because it has no financial flexibility and,
realistically, little hope to obtain financing. By their
nature, charities cannot obtain “capital financing” as do
businesses. A charity, with very few exceptions, cannot
issue bonds or shares to “capitalize.” Similarly, loans
are limited, both by statutory and common law, and by the
reality that most financial institutions want low exposure
in this area. A financial institution will want to ensure,
naturally, repayment of the loan, and it will look to the
certainty of cash-flow (especially from governments) to
be security for the loan. No government grant, no loan.
“Social enterprise” is a good example
of where many organizations would like to go, but there
would appear to be significant obstacles put in place by
the federal government and, to a lesser extent, provincial
governments, to social enterprise. Social enterprise is
not new. But it has taken on a renewed vigour in the last
few years, and there is certain ambiguity about what it
means in all cases. Recent articles in the Financial
Post and other newspapers and journals (including upcoming
articles in The Philanthropist) have highlighted
social enterprise as a possible solution. One newer form
of social enterprise is social financing, whereby funds
could be used to finance other organizations or to provide
the security for institutional loans.
The second area noted above is the reduction
in costs. While some movement has occurred within CRA towards
“umbrella organizations,” there are significant obstacles
remaining. Not least of these obstacles is the requirement
that umbrella organizations only benefit registered charities.
While some limits are likely reasonable and necessary to
avoid abuse, other strict limitations make it difficult
for the sector to structure itself to take advantage of
umbrella organizations to provide cost effective services.
The Minister was correct that there is
a need for the sector to look to other pillars of support.
But the Minister did not go far enough in his pronouncement.
For the sector to do so in reality, and from a practical
perspective, will require significant changes to how earned
revenue, social enterprise, social financing, umbrella organizations,
shared services, and so forth, are viewed by Ottawa. The
Ministry of Finance and Canada Revenue Agency need to be
engaged in an open dialogue with the sector towards meeting
the objectives of the Canadian Heritage Minister.