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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
- Impact of the Personal Information Protection and
Electronic Documents Act
- CCRA Adopts New Policy on Charities that Promote Racial
Equality
- Recent Changes to the Income Tax Act and Policies
Relating to Charities and Charitable Gifts
- Saskatchewan Directors and Officers Relieved from
Liability
- Summary of Additions and Changes to the CCRA Website:
2002 and 2003
- New CCRA Policy Statement on Registering Charities
that Promote Racial Equality
Printer friendly version at www.carters.ca/pub/update/charity/nov03.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
"Impact of the Personal Information Protection and Electronic
Documents Act" (Charity Law Bulletin No. 28 November 29, 2003)
by Mark J. Wong.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb28.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb28.htm
"CCRA Adopts New Policy on Charities that Promote Racial Equality"
(The Lawyers Weekly, November 28, 2003) by Terrance S. Carter.
[Link] www.carters.ca/news/2003/lawyerwkly/November%2028%202003.pdf
"Recent Changes to the Income Tax Act and Policies Relating
to Charities and Charitable Gifts" by Terrance S. Carter (November
19, 2003) for the Law Society of Upper Canada
[PDF] www.carters.ca/pub/article/charity/2003/tsc1119.pdf
"Saskatchewan Directors and Officers Relieved from Liability
- Will Canada Corporations Act Reform Provide Similar Protection?"
(Charity Law Bulletin No. 27 November 12, 2003) by Jane Burke-Robertson,
B.Soc.Sci., LL.B.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb27.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb27.htm
"Summary of Additions and Changes to the CCRA Website: 2002
and 2003" by Suzanne White and Terrance S. Carter (November
12, 2003) for the 2003 Annual Church & the Law Seminar.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/ccrachng.pdf
"New CCRA Policy Statement on Registering Charities that Promote
Racial Equality" (Charity Law Bulletin No. 26 November 11, 2003)
by Terrance S. Carter and Suzanne White.
[PDF] www.carters.ca/pub/bulletin/charity/2003/chylb26.pdf
[WEB] www.carters.ca/pub/bulletin/charity/2003/chylb26.htm
In the Press
Charity Law Bulletin No. 22 summarized in Charitable
Thoughts (Vol. 7, No. 1, October 2003). Update on Use of Relational
Provisions by Ontario Non-share Capital Corporations
[PDF] www.carters.ca/news/2003/charthts/TSCoct.pdf
Canadian FundRaiser eNews coverage of Mark Wong's presentation
from the 2003 Annual Church & the Law Seminar. PRIVACY - As
deadline looms, it's time to review law's requirements (Canadian
FundRaiser eNews, November 30, 2003).
[Link] www.canadianfundraiser.com/newsletter/article.cfm?ArticleID=955
Charity Law Bulletin No. 27 summarized in Canadian FundRaiser
eNews (November 30, 2003). Saskatchewan eases directors'
load - will Canada follow suit?
[Link] www.canadianfundraiser.com/newsletter/article.cfm?ArticleID=960
Recent Events and Presentation Materials
Carter & Associates is pleased to announce that Jane Burke-Robertson,
B.Soc.Sci., LL.B., has joined the firm as counsel on charitable
and not-for-profit matters. Jane is a practitioner with an office
in Ottawa and a noted author in the area of charity and not-for-profit
law as well as a co-author of the book entitled "Non-Share Capital
Corporation" which is a primary resource book used in Canada
(October, 2003).
[CV] www.carters.ca/lawyers/janebr.html
Presentation materials now available from The 2003 Annual
Church & the Law(tm) Seminar, a seminar for churches and
religious charities held every year since 1994:
"Policy Based Board Governance: What Works and What
Doesn't" by Donald J. Bourgeois, B.A., LL.B. - author,
speaker and counsel on charitable and not-for-profit legal
issues, in particular on governance issues,
Carter & Associates.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/db_bgov.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/db_bgov.htm
"Privacy Compliance: What Churches and Charities Need to
Do by January 1, 2004" by Mark J. Wong, B.A., LL.B. - author,
speaker and litigation counsel on legal issues involving churches
and charities, Carter & Associates.
[PDF]
www.carters.ca/pub/seminar/chrchlaw/2003/mjw_priv.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/mjw_priv.htm
"Disbursement Quotas and Related Matters for Churches and
Charities" by M. Elena Hoffstein, B.A., M.A., LL.B. - author,
speaker and Chair of the Charities Practice Group, Fasken
Martineau DuMoulin, Toronto.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/meh_disq.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/meh_disq.htm
"Criminal Investigations: When to Initiate and How to Respond"
by Bruce W. Long, B.A., LL.B. - author, speaker and litigation
counsel for charities, former Regional Director of Crown Attorneys,
Carter & Associates.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/bwl_invs.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/bwl_invs.htm
"Criminal Code Amendments (Bill C-250) Regarding Hate Propaganda"
by Bruce W. Long, B.A., LL.B.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/bwl_c250.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/bwl_c250.htm
"Same Sex Marriages: What Churches and Religious Charities
Can Do in Response" by Esther S.J. Oh, B.A., LL.B. - speaker
and counsel on legal issues involving churches and charities,
Carter & Associates - and Terrance S. Carter, B.A., LL.B.
- author, speaker and counsel on legal issues involving churches
and charities, as well as editor of www.charitylaw.ca,
Carter & Associates.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/eso_ssex.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/eso_ssex.htm
"Church Incorporation: Why, How and What's Next" by Jacqueline
M. Connor, B.A., LL.B. - Author, author, speaker and counsel
on legal issues involving churches and charities, Carter &
Associates.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/jmc_cinc.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/jmc_cinc.htm
"Recent Changes Under The Income Tax Act and Related Policies
Affecting Churches and Charities" by Terrance S. Carter, B.A.,
LL.B.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/tsc_ita.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/tsc_ita.htm
"The Public Guardian and Trustee in Ontario: How to Avoid
Complaints and Court Audits" by Kenneth Goodman, B.A., LL.B.
- Counsel & Team Leader, Charitable Property Program, The
Office of the Public Guardian & Trustee of Ontario, Toronto.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/kg_pgt.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/kg_pgt.htm
"New Directions at CCRA and in the Courts Affecting Churches
and Charities" by Carl Juneau, LL.L., B.A. - Director, Policy
and Communications Division, Charities Directorate, CCRA -
Mr. Juneau is currently on loan to the Department of Finance,
Personal Income Tax Division, as Senior Policy Advisor in
charities matters.
[PDF] www.carters.ca/pub/seminar/chrchlaw/2003/cj_ccra.pdf
[WEB] www.carters.ca/pub/seminar/chrchlaw/2003/cj_ccra.htm
"Charities and Privacy Legislation - Are You Ready for January
1" presented by Mark J. Wong for the Charity and Not-for-Profit
Law section of the Ontario Bar Association. (November
27, 2003)
[PDF] www.carters.ca/pub/seminar/charity/2003/mjw1127.pdf
[WEB] www.carters.ca/pub/seminar/charity/2003/mjw1127.htm
"Recent Changes to the Income Tax Act and Policies Relating
to Charities and Charitable Gifts" presented by Terrance S.
Carter at the Canadian Association of Gift Planners Ottawa
Region Round Table. (November 26, 2003)
[PDF] www.carters.ca/pub/seminar/charity/2003/tsc1126.pdf
[WEB] www.carters.ca/pub/seminar/charity/2003/tsc1126.htm
"Recent Changes to the Income Tax Act and Policies Relating
to Charities and Charitable Gifts" presented by Terrance S.
Carter at the Law Society of Upper Canada's 6th Annual Estates
and Trusts Forum. (November 19, 2003)
[PDF] www.carters.ca/pub/seminar/charity/2003/tsc1119.pdf
[WEB] www.carters.ca/pub/seminar/charity/2003/tsc1119.htm
[Paper] www.carters.ca/pub/article/charity/2003/tsc1119.pdf
Upcoming Events and Presentations
"Charities and Privacy Legislation - Are You Ready for
January 1?" to be presented by Mark J. Wong for the Synagogue
and Temple Administrators of Toronto (STAT). Registration
is closed. (December 11, 2003)
The Impact of the Personal Information Protection and Electronic
Documents Act (PIPEDA) on Ontario Business: Are you ready for
January 1, 2004?" to be presented by Mark J. Wong for the
Orangeville Chamber of Commerce. (December 12, 2003)
"Director's Liabilities" to be presented by Donald
J. Bourgeois for the Etobicoke District Chartered Accountants'
Association. (January 5, 2004)
[Notice] www.carters.ca/pub/seminar/notice/2003/djb0105.pdf
"Recent Changes to the Income Tax Act and Policies
Relating to Charities and Charitable Gifts" to be presented
by Terrance S. Carter for the Waterloo-Wellington Estate
Planning Council. (January 8, 2004)
"Liabilities of Directors, Officers and Trustees"
to be presented by Donald J. Bourgeois at The Essential Curriculum
in Charities course from Osgoode Hall Law School. (January
15, 2004) More details at Osgoode's web site.
[Link] http://osgoode.yorku.ca/pdpwebsite.nsf/00580069eadebe7e85256a3f005763d1/7fb24
ccb57be6d3c85256
d9600577 af2?OpenDocument&Date=2004-01-15#
Additions to www.antiterrorismlaw.ca
BILL C-17 (As passed by the House of Commons on October
7, 2003): An Act to amend certain Acts of Canada, and to enact
measures for implementing the Biological and Toxin Weapons Convention,
in order to enhance public safety
[PDF] www.parl.gc.ca/PDF/37/2/parlbus/chambus/house/bills/government/C-17_3.pdf
[WEB] www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-17/C-17_3/C-17_
cover-E.html
BILL C-45 (as assented to November 7, 2003): An Act
to amend the Criminal Code (Criminal Liability of Organizations)
[PDF] www.parl.gc.ca/PDF/37/2/parlbus/chambus/house/bills/government/C-45_4.pdf
[WEB] www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-45/C-45_4/C-45_
cover-E.html
Recent Additions to "Listed Entities" as of
November 13, 2003:
32. Palestine Liberation Front (PLF)
33. Popular Front for the Liberation of Palestine (PFLP)
34. Popular Front for the Liberation of Palestine - General
Command (PFLP-GC)
The complete list can be found at www.sgc.gc.ca/national_security/counter-terrorism/Entities_e.asp
Acknowledgements, Errata and Other Miscellaneous Items
Errata: Charity Law Bulletin
No. 25- Sec. H para. (2) first line has now been corrected to
read as; CCRA has now expanded the allowable charitable activities
that a charity can undertake. As such, charities will want to
engage the bulk of their activities in permissible charitable
activities, where possible, and thereby avoid the restriction
associated with the safety net of permissible political activities.
Errata: Charity Law
Bulletin No. 21 - Sec. B para. 2 (1) has now been corrected
to read as;
Under the current provisions of the Act, two of the criteria
that both charitable organizations and public foundations are
required to comply with include the following: (1) more than
50% of its directors, trustees, officers or like officials must
deal with each other and with each of the other directors, trustees,
officers or officials at arm's length, and (2) not more than
50% of the capital contributed or otherwise paid to the charity
can be contributed by one person or members of a group of such
persons who do not deal with each other at arm's length. The
second requirement is usually referred to as a "contribution"
test.
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your privacy is to you. Our relationship with you is founded
on trust and we are committed to maintaining that trust. Personal
information is collected solely for the purposes of establishing
and maintaining client lists; representing our clients; and
to establish and maintain mailing lists for the distribution
of publications as an information service. Your personal information
will never be sold to or shared with another party or organization.
For more information, please refer to our Privacy Policy at
www.carters.ca/privacy.pdf.
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by way of any information contained therein. The contents are
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circumstances can be relied upon for legal decision making without
first consulting with a lawyer and obtaining a written opinion
concerning the specifics of your particular situation. The views
expressed by the contributors to the Various Legal Updates are
those of the contributors and do not necessarily reflect the
views of Carter & Associates.
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