CHARITY LAW UPDATE

April 2004
Editor: Terrance S. Carter

Please find below a listing of materials that were made available on our websites at www.charitylaw.ca, www.carters.ca, www.churchlaw.ca and www.antiterrorismlaw.ca during the month of April, 2004. Click on these links to go to one of our sites or on the links below to go straight to an item of interest to you. Materials are often provided in both web and PDF formats, see the note below on viewing PDFs. Please feel free to forward this email to anyone (internal or external to your organization) who might be interested.

Highlights

  • Upcoming Seminar (May 5, 2004) - Tax Update for Charities
  • Update on the Application of the Personal Information Protection and Electronic Documents Act (PIPEDA) to Charitable and Non-Profit Organizations
  • Recent Decision Casts Doubt on Use of Matthew 18: 15-18 to Address Church Disputes
  • New Search Tool added to Websites
  • Materials presented at the CAGP 11th National Conference on Legal Liability in Fundraising.
  • Materials presented at the CBA 2nd National Symposium on Charity Law, including;
         - Extra-Provincial Compliance,
         - Board Governance,
         - Reform of the Canada Corporations Act, and
         - Trade-Mark Protection for Charities.

Printer friendly version at www.carters.ca/pub/update/charity/april04.pdf

Get on Our Mailing List: To automatically receive the free monthly Charity Law Update, send an email to info@carters.ca with "Subscribe" in the subject line. Please feel free to forward this Update to anyone (internal or external to your organization) who may be interested in being put on our monthly mailing list.


New Publications

"Update on the Application of The Personal Information Protection and Electronic Documents Act (PIPEDA) to Charitable and Non-Profit Organizations" by Mark Wong and Shen Goh (Charity Law Bulletin No.42, April 23, 2004).
      [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb42.pdf
      [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb42.htm

"Recent Decision Casts Doubt on Use of Matthew 18: 15-18 to Address Church Disputes" by Mervyn F. White (Church Law Bulletin No.3, April 27, 2004).
      [PDF] www.carters.ca/pub/bulletin/church/2004/chchlb03.pdf
      [WEB] www.carters.ca/pub/bulletin/church/2004/chchlb03.htm

"Looking a Gift Horse in the Mouth: Legal Liabilities in Fundraising" prepared by Terrance S. Carter for the 11th National Canadian Association of Gift Planners Conference in Toronto (April 16, 2004).
      [Paper] www.carters.ca/pub/article/charity/2004/tsc0416.pdf
      [Appendices] www.carters.ca/pub/article/charity/2004/tc0416app.pdf

"Extra-Provincial Corporate and Fundraising Compliance for Charities" prepared by Esther S.J. Oh and Jacqueline M. Connor for the 2nd National Symposium on Charity Law, held in Toronto by the Canadian Bar Association and the Ontario Bar Association (April 14, 2004).
      [Paper] www.carters.ca/pub/article/charity/2004/esojmc0414.pdf

"Board Governance - When Does It Become Director’s Negligence" prepared by Donald J. Bourgeois (counsel to Carter & Associates) for the 2nd National Symposium on Charity Law, held in Toronto by the Canadian Bar Association and the Ontario Bar Association (April 14, 2004).
      [Paper] www.carters.ca/pub/article/charity/2004/djb0414.pdf

"Reform of the Canada Corporations Act" prepared by Jane Burke-Roberston (counsel to Carter & Associates) for the 2nd National Symposium on Charity Law, held in Toronto by the Canadian Bar Association and the Ontario Bar Association (April 14, 2004).
      [Paper] www.carters.ca/pub/article/charity/2004/jbr0414.pdf

"Avoiding Wasting Assets II - Trade-Mark and Domain Name Protection for Charities" prepared by Terrance S. Carter for the 2nd National Symposium on Charity Law, held in Toronto by the Canadian Bar Association and the Ontario Bar Association (April 14, 2004).
      [Paper] www.carters.ca/pub/article/charity/2004/tsc0414.pdf


In the Press

“Income Tax Act Changes and Charities” by Terrance S. Carter and Theresa L.M. Man was published in The Lawyers Weekly (Vol. 23 No. 46, April 9, 2004).
      View this article at www.carters.ca/news/2004/lawyerwkly/tax0409.PDF.

Christianity.ca article on Same-sex Marriage includes quotes from Terrance Carter's presentation at the 2004 Annual Church & the Law Seminar™.
      View this article at www.christianity.ca/church/leadership/2004/03.001.html.

Terrance Carter quoted in Christian Week article titled “Federal Budget Rewrites Tax Rules for Churches and Charities” (Vol. 18 No. 02, April 13, 2004).
      View an excerpt at www.carters.ca/news/2004/chrstnwk/tax0413.htm.
      View the issue at www.christianweek.org.


Recent Events and Presentation Materials

Search Tool added to our sites at www.charitylaw.ca, www.carters.ca, www.churchlaw.ca and www.antiterrorismlaw.ca.

"Looking a Gift Horse in the Mouth: Legal Liabilities in Fundraising" was presented by Terrance S. Carter at the 11th National CAGP Conference in Toronto (April 16, 2004).
      [PDF] www.carters.ca/pub/seminar/charity/2004/tsc0416.pdf
      [WEB] www.carters.ca/pub/seminar/charity/2004/tsc0416.htm
      [Paper]www.carters.ca/pub/article/charity/2004/tsc0416.pdf
      [Appendices] www.carters.ca/pub/article/charity/2004/tc0416app.pdf

2nd National Symposium on Charity Law (April 14, 2004) "What's New and What's Coming", was held in Toronto by the Canadian Bar Association (CBA), Ontario Bar Association (OBA) and the Canadian Association of Gift Planners (CAGP), Co-Chaired by Terrance S. Carter with talks from Carter & Associates lawyers on;

"Extra-Provincial Corporate and Fundraising Compliance for Charities"
by Jacqueline M. Connor and Esther S.J. Oh,
[PDF] www.carters.ca/pub/seminar/charity/2004/esojmc0414.pdf
[WEB] www.carters.ca/pub/seminar/charity/2004/esojmc0414.htm
[Paper] www.carters.ca/pub/article/charity/2004/esojmc0414.pdf

"Board Governance - When Does It Become Director’s Negligence"
by Donald J. Bourgeois (counsel to Carter & Associates),
[PDF] www.carters.ca/pub/seminar/charity/2004/djb0414.pdf
[WEB] www.carters.ca/pub/seminar/charity/2004/djb0414.htm
[Paper] www.carters.ca/pub/article/charity/2004/djb0414.pdf

"Reform of the Canada Corporations Act"
by Jane Burke-Roberston (counsel to Carter & Associates), and
[Paper] www.carters.ca/pub/article/charity/2004/jbr0414.pdf

"Avoiding Wasting Assets II - Intellectual Property Protection for Charities"
by Terrance S. Carter.
[PDF] www.carters.ca/pub/seminar/charity/2004/tsc0414.pdf
[WEB] www.carters.ca/pub/seminar/charity/2004/tsc0414.htm
[Paper] www.carters.ca/pub/article/charity/2004/tsc0414.pdf


Upcoming Events and Presentations

Tax Update for Charities, an informative morning seminar hosted by Carter & Associates and Fasken Martineau in Toronto with presentations on:
      "Proposed new Tax Rules" by Terrance Carter, and
      “Proposed 2004 Budget Provisions" by Elena Hoffstein.
      May 5, 2004 - There is no charge for this seminar.
      For more details see the brochure at www.carters.ca/pub/seminar/notice/2004/tax0505.pdf.

Law & Church Leadership, a one day symposium co-sponsored by The Evangelical Fellowship of Canada and Christian Legal Fellowship to be held in Moncton on May 14, 2004 with Carter & Associates lawyers presenting on the following topics;
      Privacy Legislation by Mervyn F. White,
      Bill C-250 (Hate Propaganda) by Bruce W. Long,
      Same Sex Marriage by Terrance S. Carter and Mervyn F. White,
      Changes under the Income Tax Act by Terrance S. Carter,
      Investigating Sexual Abuse by Bruce W. Long, and
      Bill C-45 by Mervyn F. White and Bruce W. Long.
      More details available on the EFC and CLF websites.
      EFC - www.evangelicalfellowship.ca/calendar/event_viewer.asp?Event_ID=172
      CLF - www.christianlegalfellowship.org/lawchurchevent.htm

Fundraising Day 2004 being held in Toronto by the Association of Fundraising Professionals (AFP) on May 26, 2004, will feature a presentation by Terrance S. Carter entitled "Looking a Gift Horse in the Mouth: Avoiding Legal Liability in Charitable Fundraising".


Acknowledgements, Errata and Other Miscellaneous Items

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DISCLAIMER: This is a summary of current legal issues provided as an information service by Carter & Associates. It is current only as of the date of publication and does not reflect subsequent changes in the law. The Charity Law Update is distributed with the understanding that it does not constitute legal advice or establish the solicitor/client relationship by way of any information contained herein. The contents are intended for general information purposes only and under no circumstances can be relied upon for legal decision-making. Readers are advised to consult with a qualified lawyer and obtain a written opinion concerning the specifics of their particular situation.
© 2004 Carter & Associates