CHARITY LAW UPDATE

June 2003
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 and www.antiterrorismlaw.ca during the month of January, 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

  •  Update on Use of Relational Provisions by Ontario Non-Share Capital Corporations
  •  Key Legal Responsibiliteis of Charities in Planned Giving
  •  Selected Tax Aspects of Planned Giving
  •  New links added to www.antiterrorism.ca
  •  Upcoming 2003 Annual Church & the Law Seminar

Printer friendly version at www.carters.ca/pub/update/charity/jun03.pdf

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New Publications

"Update on Use of Relational Provisions by Ontario Non-Share Capital Corporations" (Charity Law Bulletin No. 22, June 26th, 2003) by Jacqueline M. Connor and Terrance S. Carter.
     [PDF] www.carters.ca/pub/bulletin/charity/2003/chylb22.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2003/chylb22.htm

Carter & Associates and Fasken Martineau Lawyers Consulting Editors of "Charities Law, 2003/2004 Edition". Charity lawyers Terrance S. Carter from the law firm of Carter and Associates and Maria Elena Hoffstein and Adam M. Parachin from the affiliated law firm of Fasken Martineau DuMoulin LLP are Consulting Editors of "Charities Law, 2003/2004 Edition", a one-stop source for researching key Federal and Ontario statutes applicable to charities. Copies can be obtained through Butterworths at www.butterworths.ca/book.asp?bookid=550.
     [PDF] www.carters.ca/news/2003/newbook.pdf

Donald J. Bourgeois, Counsel to Carter & Associates, is author of "The Law of Charitable and Not-for-Profit Organizations - 3rd Edition". This book provides an overview of the laws governing charitable and not-for-profit organizations. Copies can be obtained through Butterworths at www.butterworths.ca/book.asp?bookid=12.


New links added to
www.antiterrorismlaw.ca.
     - New links to International Resources on anti-terrorism law regarding:
     - the US "Patriot Act II" www.antiterrorismlaw.ca/intterr.htm#USLegislation,
     - Amnesty USA, www.antiterrorismlaw.ca/intterr.htm#amnesty,
     - the Financial Action Task Force www.antiterrorismlaw.ca/intterr.htm#FATF, and
     - NGO Watch www.antiterrorismlaw.ca/intterr.htm#NGOwatch


In the Press

"U.K. anti-terrorism policy has implications for Canadian charities" by Sean S. Carter
and R. Johanna Blom was published in The Lawyers Weekly, June 20, 2003.
     [PDF] www.carters.ca/news/2003/lawyerwkly/June%2020%202003.pdf

The Lawyers Weekly coverage of Carter & Associates, "Small-town firm has national reputation", June 13, 2003.
     [PDF] www.carters.ca/news/2003/lawyerwkly/June%2013%202003_G04.pdf


Recent Events and Presentation Materials

"Key Legal Responsibilities of Charities in Planned Giving" presented by Terrance S. Carter at the Canadian Cancer Society Professionals’ Seminar on Charitable Gifts, June 5th, 2003.
     [PDF] www.carters.ca/pub/seminar/charity/2003/tsc0605.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2003/tsc0605.htm

"Selected Tax Aspects of Planned Giving" presented by Elena Hoffstein at the Canadian Cancer Society Professionals’ Seminar on Charitable Gifts, June 2003.
     [PDF] www.carters.ca/pub/seminar/charity/2003/emh-june5.pdf
     [WEB] www.carters.ca/pub/seminar/charity/2003/emh-june5.htm


Upcoming Events and Presentations

"The 2003 Annual Church & the Law™ Seminar" to be held on Wednesday, November 12th, 2003. Held every year since 1994, The Annual Church & The Law™ Seminar is designed to provide churches & religious charities with practical information on current legal issues in order to assist them in avoiding unnecessary exposure to legal liability. While the topics presented are directed at churches & religious charities, they also have general application to non-religious charities and not-for-profit organizations. More than 560 people attended the 2002 Church & The Law™ Seminar (www.carters.ca/pub/seminar/chrchlaw/2002/index.html). Registration details to follow.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/notice.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/notice.htm

"Anti-Terrorism Legislation in Canada" to be presented by Terrance S. Carter at the SUMMER LAW INSTITUTE on Wednesday, August 27, 2003. A program of the Ontario Justice Education Network, this series is for High School Teachers only and is being held at Osgoode Hall, 130 Queen St. W. in Toronto.

Presentation on "Employment Issues for Non-Profit Organizations" to be presented by Mark J. Wong of Carter & Associates on September 17th, 2003 for the non-profit communities of Peel, Halton and Toronto. This Presentation is sponsored by the United Way of Peel Region and is to be held at 5170 Dixie Road, Suite 300 in Mississauga, Ontario. For more information contact Ken Auden at 905-602-3622 or kauden@unitedwaypeel.org.

"Good Governance" to be presented by Donald J. Bourgeois at the Manulife Sports Centre in Rim Park, Waterloo, on Saturday, October 4th, 2003. This event is part of an all day workshop put on by the Volunteer Centre for Kitchener Region designed primarily for volunteer board directors and senior staff members of charities and not-for-profit organizations. For more information contact Robin Herrington at 519-742-8610 or admkwvac@on.aibn.com. Space is limited.

"Recent Changes under the Income Tax Act Affecting Charities" to be presented by Terrance S. Carter at the Law Society's 6th Annual Estates and Trusts Forum being held on November 19th & 20th, 2003.


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