Charity & NFP Law Update

June 2021 Charity & NFP Law Update

– Bill S-222 Passes Through Senate, Introduced in House of Commons
– Legislation Update
– CRA News
– Corporate Update
– Pending Disbursement Quota Consultations: Questions for Consideration
– CAGP Publishes Guidelines on Charitable Donations of Life Insurance
– Canada’s First Site-Blocking Order Upheld by FCA
– Privacy Law Update
– AODA Accessibility Compliance Reports Due June 30
– AML/ATF Update
COVID-19 UPDATE
– Ontario COVID-19 Update
– COVID-19 Employment Update
– Ontario Superior Court Addresses COVID-19 Temporary Layoff Provisions But Uncertainty Remains
– Carters is Pleased to Welcome Martin U. Wissmath as a New Associate

May 2021 Charity & NFP Law Update

– SCC: Voluntary Association Membership Not Automatically Contractual
– Advisory Committee on the Charitable Sector Releases Report #2
– Legislation Update
– CRA News
– Corporate Update
– Bill S-222 Passes Second Reading at Senate with Support at Senate Debate
– British Columbia Court of Appeal Restores Expelled Members in Sikh Organization
– Ontario Human Rights Tribunal Upholds Full and Final’ Release
– Dispute Over the Delivery of Foreign Aid in Colombia can Continue in Ontario
– Recent Reports on Diversity, Equity, and Inclusion on Boards of Directors
– Alberta OIPC finds Anglican Diocese in Contravention of Privacy Legislation
– Muttart Foundation Publishes Comprehensive Resource Book for Charities and Not-for-profits
– Ontario COVID-19 Update
– Churches and Their Leaders in Ontario Fined for Breaches to Religious Gathering Limits
– 3 Days of Paid COVID-19 Leave in Ontario, with Reimbursement Available to Employers

April 2021 Charity & NFP Law Update

– Government Responds to Recommendations of Senate Report on Charities & NFP Sector
– CRA News
– Federal Budget 2021: Impact on Charities and Not-for-Profits
– Corporate Update
– Federal Court Confirms CRA’s Discretion Regarding ATIP Requests
– Ontario Superior Court reluctant to interfere in Sikh temple membership dispute
– BC Court Overturns Purported Removal of Directors of BC Society
– BC Supreme Court Applies Cy-près Doctrine to “Flow-through Gift”
– Pregnancy a Factor for Court in Reasonable Notice Decision
– Federal Court of Appeal Confirms Narrow Trademark Protection for Acronyms
– Further Evidence Required to Demonstrate COVID Impact on Reasonable Notice for Termination
– Ontario COVID-19 Update
– Advisory Committee for the Charitable Sector (ACCS) Webinar May 17, 2021

March 2021 Charity & NFP Law Update

OTHER CHARITY AND NFP MATTERS
– Advisory Committee on the Charitable Sector Releases its First Report
– Legislation Update
– Supreme Court of Canada Will Not Hear Constitutional Challenges to CASL
– Court Considers Impact of Covid-19, CERB, for Employee Pay-in-lieu Entitlements
– Physician Cautioned by Complaints Committee for Unprofessional’ COVID Tweets
– Canada Progresses on UN 2030 Agenda for Sustainable Development Goals
– House Committee on Foreign Affairs Recommendations in Response to COVID-19
– New Changes to Ontario’s COVID-19 Framework

February 2021 Charity & NFP Law Update

OTHER CHARITY AND NFP MATTERS
– Bill S-222 Proposes to Eliminate the “Own Activities”Requirement for Charities
– Charities Program 2018 to 2020 Report Shows Drop in Audits as Pandemic Struck
– Legislation Update
– Open Letter to Eliminate the “Own Activities” Requirement for Charities
– FINA Recommends Tax Relief, Funding Flexibility for Charities and NFPs
– Statistics Canada Releases Survey on Board Diversity
– New Tort of Internet Harassment Recognized in Ontario
– Nurse Suspended for Six Years Not Constructively Dismissed, Says OLRB
– AML/ATF Update
– The Ottawa Region 2021 Charity & Not-For-Profit Law Webinar Materials Now Available
COVID-19 UPDATE
– Ontario Transitioning to Colour-coded Response Framework
– Imagine Canada Sector Monitor Reports Ongoing Challenges for Charities During COVID-19

January 2021 Charity & NFP Law Update

COVID-19 UPDATE
– COVID-19 Measures and Restrictions in Ontario
– COVID-19 Corporate Update
– COVID-19 Ontario Extends Infectious Disease Emergency Leave for Workplaces
– Ontario Church Unsuccessful in Bid for Interim Injunction Against COVID-19 Regulation
OTHER CHARITY AND NFP MATTERS
– CRA Publishes New and Updated Guidances for Charities
– Corporate Update
– Supreme Court Upholds Appeal Court Decision on Vicarious Liability
– Divisional Court Upholds Order for Election of Common Board by De Facto Members
– Long-Serving Radio Broadcaster Paid 21 Months in Lieu of Notice
– Ontario Occupiers’ Liability Act Amendments Receive Royal Assent
– Privacy Commissioner Report on eHealth Saskatchewan Cyberattack
– Unconscionability of a Standard Form Services Agreement
– Advisory Committee on the Charitable Sector Reviews Challenges Faced by Charities
– Ontario Launches 2021 Budget Consultation
– AML/ATF Update

November 2020 Charity & NFP Law Update

– COVID-19 Update: Recent Federal and Ontario Special Measures
– COVID-19 CRA News
OTHER CHARITY AND NFP MATTERS
– Update on the Advisory Committee on the Charitable Sector
– Special Senate Committee on the Charitable Sector’s Report Adopted by Senate
– Ontario Court Denies Request of Monitor to Manage Charity’s Affairs
– Ontario Superior Court Applied Cy-Près Doctrine to Testamentary Gift to Dissolved Parish
– Digital Charter Implementation Act, 2020
– Court of Appeal Confirms Innocent Misrepresentation by Diocese
– Ontario Court Rejects Property Tax Exemption Based on Hypothetical
– New Accessibility Standards for Websites and Web Content of Large Employers
– Proposed Amendments to the Insurance Act Affecting Donations of Life Insurance Policies
– B.C. Court of Appeal Upholds Decision on Membership Admission
– Disciplined Professional’s Social Media Posts Allowed by Saskatchewan Appeal Court
– Legal Risk Management Checklists for Ontario-based Charities and Not-for-Profits
– The 2020 Annual Church & Charity Law Seminar Goes Virtual: November 5, 2020
– Charities Legislation & Commentary, 2021 Edition + Supplement Now Available

October 2020 Charity & NFP Law Update

COVID-19 UPDATE
– Ontario Bill Proposes To Limit Liability from COVID-19
– COVID-19 Corporate Update
– Ontario Extends and Amends COVID-19 Orders
– COVID-19 Employment Update
OTHER CHARITY AND NFP MATTERS
– Legislation Update
– Supreme Court Grants Leave to Hear Voluntary Association Appeal
– Supreme Court Awards Over $1M Damages for Pay in Lieu of Notice
– OneClass to Pay $100,000 for CASL Violation

September 2020 Charity & NFP Law Update

COVID-19 UPDATE
– Federal and Ontario COVID-19 Relief Update
– COVID-19 Corporate Update
– COVID-19 CRA News
– COVID-19 Employment Update
– AFP Publishes Survey on Fundraising Activities During COVID-19
OTHER CHARITY AND NFP MATTERS
– Corporate Update
– CRA News
– New Lobbying Requirements in Saskatchewan for In-House Lobbyists, NFPs and Gifts
– Mount Pleasant Costs Awarded Against Public Interest Litigants
– BC Court of Appeal Rules PIPEDA is not a “Comprehensive Code”
– Ontario Minimum Wage Increases by 25¢ on October 1st
– Imagine Canada Report on Investment Readiness in Canada’s Charitable Sector
– New Zealand Court Finds Public Environmental Advocacy is Charitable
– Global NPO Coalition on FATF Provides Input on Recommendation 8

August 2020 Charity & NFP Law Update

COVID-19 UPDATE
– Overview of the Canada Emergency Wage Subsidy (“CEWS”)
– COVID-19 Corporate Update
– Legislation Update
– End of Temporary Lay-offs from Work for COVID-19 Emergency
– Ontario Nonprofit Network Publishes Report on Charities and COVID-19
OTHER CHARITY AND NFP MATTERS
– Archdiocese Found Vicariously Liable in Mount Cashel Sexual Abuse Appeal
– CRA News
– Corporate Update
– B.C. Supreme Court Rules Societies’ Bylaw Must Authorize Voting Methods
– Tax Court Allows Not-For-Profit to Claim Input Tax Credit in Operating Virtual Library
– Uniform Law Conference of Canada Adopts New Uniform Crowdfunding Act
– Ontario Launches Consultations on Privacy
– Inclusion in Best Lawyers in Canada 2021

June 2020 Charity & NFP Law Update

COVID-19 UPDATE
– Stage 2 of Reopening Ontario: An Overview for Charities and Not-For-Profits
– COVID-19 Contact Tracing App in Canada will use Bluetooth
– New Bill C-17, If Passed, Would Introduce New Changes Affecting Charities and NFPs
– COVID-19 Rent Relief for Commercial Landlords and Tenants
– New Infectious Disease Emergency Leave Provides Relief to Ontario Employers
– CRA News
– Federal Government Launches 2021 Pre-Budget Consultations
– Mitigating Financial Losses and Navigating the Courts During COVID-19
– Imagine Canada Publishes Report on Charities and COVID-19
OTHER CHARITY AND NFP MATTERS
– Legislative Proposals for Journalism Organizations under the ITA
– Corporate Update
– Ontario Court Upholds Wall in Unincorporated Association Decision
– WIPO Decision Highlights Importance of Maintaining Domain Name Registration
– AML/ATF Update

May 2020 Charity & NFP Law Update

Ontario Court of Appeal Overturns Finding of Charitable Purpose Trust
COVID-19 UPDATE
– New Details on COVID-19 Federal Response Programs
– CRA Statement Regarding Charity Registration Applications
– COVID-19 Corporate Update
– Ontario Allows Gatherings for Religious Services as “Drive-ins”
– OPC Provides Privacy Tips for Using Videoconferencing Services
– New Changes to the Canada Emergency Wage Subsidy (“CEWS”)
OTHER CHARITY AND NFP MATTERS
– BCFSA Clarifies Position on Gifts of Life Insurance
– BC Court of Appeal Reverses Decision Ordering Return of Charitable Gift
– Lexpert Ranking

April 2020 Charity & NFP Law Update

Direction and Control: Current Regime and Alternatives
COVID-19 UPDATE
– Ontario PGT Allows Access to Restricted Charitable Purpose Funds
– COVID-19 Federal Government Support for Charities and NFPs
– COVID-19 CRA News
– COVID-19 Provincial Emergency Relief for AGM and Annual Return Filing Deadlines
– Practical Strategies for Dealing with Termination of Contracts in a Pandemic
– Federal Privacy Commissioner Releases Privacy Framework for COVID-19
– Canada Emergency Wage Subsidy (“CEWS”): An Overview for Charities and NFPs
OTHER CHARITY AND NFP MATTERS
– Corporate Update
– Ontario Court Decision Provides Reminder to Carefully Follow By-laws
– Membership in Religious Society Reinstated by Court for Unfair Expulsion
– Carters is Pleased to Welcome Heidi LeBlanc as a New Associate
– Friend of CAGP Award

March 2020 Charity & NFP Law Update

Carters’ Response to COVID-19
Due Diligence by Directors and Officers of Charities and NFPs in Response to COVID-19
Employer Obligations and Considerations in Response to the COVID-19 Pandemic
NFP Board and Members’ Meetings Amidst COVID-19 Pandemic
COVID-19 and Performance of Contracts
Privacy and Data Security in Response to COVID-19
Federal and Ontario Measures in Response to COVID-19 Impacting Charities and Not-for-Profits

February 2020 Charity & NFP Law Update

Competition Bureau’s Role in Digital Advertising: Implications for Charities and Not-for-Profits
CRA News
– Excise and GST/HST News No. 107
– CRA Introduces Digital Processes for Authorizations
– CRA Charities and Information Sessions and Webinars
CAGP Provides Update on Gifts of Life Insurance in B.C.
Legislation Update
– Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
– Ontario Bill 175, Connecting People to Home and Community Care Act, 2020
– Ontario Bill 136, Provincial Animal Welfare Services Act, 2019 Now Proclaimed
Donation Receipts Signed by and in Favour of Charity Officer Denied
Tax Court of Canada Rejects Charitable Donation Scheme… Again
Ontario Court Rules on Trusts in Scouts Land Ownership Dispute
One Incident of Sexual Harassment Justified Termination for Cause
BC Court Finds Indigenous Ceremonies in School Did Not Violate Freedom of Religion
Ministry of Health Revokes its Hospital Naming Directive
Recent Issues in Privacy: Case Law Update
New Canadian UDRP Provider for Resolving Domain Name Disputes
Anti-Terrorism/Money Laundering Update
– Further Amendments to Regulations under the PCMLTFA
– US 2020 National Strategy for Combating Terrorist and Other Illicit Financing
– UN Working Paper on Impact of Counter-terrorism Legislation on Humanitarian Action
Essential Trademark Issues for Charity and Not-For-Profit Lawyers
Theresa L.M. Man Named to CRA Technical Issues Working Group

January 2020 Charity & NFP Law Update

The CRA’s Guidance on Journalism: Clarifying Tax Credits, QCJOs and RJOs
Advisory Committee on the Charitable Sector Holds December Meetings
Legislation Update
– Provisions of Budget Implementation Act No. 1, 2019 Now In Force
– Proposed Changes to Employee Stock Option Regime Delayed
– 2020 Budget Consultations in Ontario
– Ontario Regulations under the Connecting Care Act, 2019
– Alberta Senate Election Act
– Nova Scotia’s Plastic Bags Reduction Act
– Yukon’s New Liquor Act
Corporate Update
– ONCA Coming into Force Delayed
– Updated Policies on Corrections of Articles or a Certificate for Business and Not-for-Profit Corporations
– Corporations Canada Makes Changes for Online Services to Not-for-Profits
– Certain Amendments to Ontario’s Co-operative Corporations Act in Force
– New Brunswick’s Cooperatives Act Proclaimed in Force
Voluntary Association’s Constitution and By-Laws Found to be Contractual
Tax Court Decision on Split Receipting and Donative Intent Upheld on Appeal
Federal Court of Appeal Holds that Atheism is not a Religion
CRA Technical Interpretation Regarding Loanbacks by a Qualified Donee
CRA Technical Interpretation on Prescribed Rates and Undue Benefits
Termination Clause Found to be Void and Unenforceable by the Court of Appeal
The Federal Court Establishes the Test for a Site-blocking Order
Alberta Court of Appeal Rules that Charter Applies to Freedom of Expression by Students on University Campus
Anti-Terrorism/Money Laundering Update
– Global Fragility Act of 2019
– EU Renews its Terrorist List
– OSFI Ceases Publishing Lists of Designated Persons
Charities Legislation & Commentary, 2020 Edition Now Available

November 2019 Charity & NFP Law Update

Recent Developments in IT Law Affecting Charities and NFPs
CRA News
– Update to the Guide for Completing Form T3010 Registered Charity Information Return
Legislation Update
– Ontario Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019, Receives Royal Assent
– Schedule 31 of Ontario Bill 100, Protecting What Matters Most Act (Budget Measures), 2019 Proclaimed into Force
– Ontario Bill 138, Plan to Build Ontario Together Act, 2019 at Second Reading
– Ontario Bill 136, Provincial Animal Welfare Services Act, 2019, Second Reading Debates
– Part X of the Child, Youth and Family Services Act, 2017 (Ontario) Coming into Force
Corporate Update
– Amendments to Nova Scotia’s Co-operative Associations Act
– Proposed Amendments to Ontario’s Co-Operative Corporations Act
CRA Indicates Meals Supplied by Charities to Seniors Are Not Generally Taxable
Alberta Court Finds Society’s By-law Invalid due to Inadequate Approval
Ontario Court Reluctant to Intervene in Seminary Board Dispute
Employee Taking Videos of Customer Results in Termination for Cause
Privacy Law Update
– One Year Anniversary – OPC Reviews the First Full Year of Mandatory Data Breach Reporting and Recordkeeping Requirements
– Canadian Bar Association Submissions on Privacy Act Modernization
Accessibility Compliance Reporting and Accessible Websites Deadlines Approaching
Ontario Nonprofit Network Publishes Report on Sector Survey
Imagine Canada Publishes Report on Corporate Community Contributions
The 26th Annual Church & Charity Law Seminar November 7, 2019

October 2019 Charity & NFP Law Update

– Proposed New Uniform Public Appeals and Crowdfunding Act
– Legislation Update
– CRA Provides View on Donations by Alter Ego Trusts After Settlor’s Death
– CCIC Policy Brief Addresses Direction and Control and Anti-Terrorism in Canada
– Ontario Court Upholds Membership Election of New Directors in Governance Dispute
– Court of Appeal Considers Freedom of Religion in Determination of Death
– Tribunal Awards Considerable Damages for Discriminatory Hiring Practice
– Grace Period to Ensure Compliance with French Signage Laws in Québec Ending Soon
– IAPP and EY Jointly Release Privacy Governance Report
– Legal Risk Management Checklists for Ontario-based Charities and Not-for-Profits
– Legal Challenges and Options for Boards of Religious Institutes in Transition

September 2019 Charity & NFP Law Update

– Court of Appeal Holds Communications to Alter Grant is Lobbying
– CRA News
– OPC Concludes Consultation on Data Transfers
– Corporate Update
– Federal Court Interprets Discipline Section of the CNCA
– Alberta Appeal Court Upholds Decision Denying Third Party Standing to Bring Court Application
– British Columbia Court Reinstates Membership in Procedural Fairness Case
– Legalization and Sale of Cannabis Edibles and Workplace Impairment Issues
– New Model Crowdfunding Legislation from the Uniform Law Conference of Canada
– Distinctiveness of Trademarks
– Anti-Terrorism/Money Laundering Update
– Chambers and Partners Rankings 2020
– Branding and Copyright for Charities and Non-Profit Organizations, 3rd Edition

August 2019 Charity & NFP Law Update

– Lobbying and Elections Legislation in Canada: An Introduction for Charities and Not-for-Profits
– Corporate Update
– Consultation and Proposed Changes to the Tax Treatment of Employee Stock Options
– Qualified Donee Status Suspended for Inadequate Records of Expenses Outside Canada
– Charitable Status Revoked for Inadequate Recordkeeping and Conferring Private Benefits
– Alberta Court Considers Rights of a Corporation to Dispute Dissolution of a Related Society
– Court of Appeal Reduces Termination Notice
– Privacy Law Update
– Trademark Applicants Beware of Unexpected Government Fees
– Federal Government Announces Full Membership of Advisory Committee on Charitable Sector
– Anti-Terrorism/Money Laundering Update
– Inclusion in Best Lawyers in Canada 20200

June 2019 Charity & NFP Law Update

– Special Senate Committee on Charitable Sector Releases Final Report
– CRA News
– Legislation Update
– Corporate Update
– OPC Reframes Consultation on Data Transfers
– Trademark Amendments In Force: What To Do Now
– Duty to Accommodate Ends When Employment Contract is Frustrated
– Alberta Privacy Commissioner Finds Real Risk of Significant Harm from Accidental Email
– Anti-Terrorism/Money Laundering Update
– Theresa L.M. Man to Chair CBA 2019-2020 Charities and Not-forProfit Law Section

May 2019 Charity & NFP Law Update

– Implications of Ontario Budget Cuts for Ontario NotFor-Profits
– CRA News
– Legislation Update
– Corporate Update
– Canada Introduces Digital Charter and Proposes Reforms to PIPEDA
– Federal Court of Appeal Overturns Heffel Decision on Gifts of Cultural Property
– Primer on Donor Advised Funds and Current Issues
– BC Court Grants Oppression Remedy under Societies Act
– Refusal to Grant Injunction Regarding Alberta Schools Act Upheld by Appeal Court
– Ontario Court of Appeal Affirms Patients Right to Effective Referral
– Ontario Court Orders Damages Relating to Revenge Videos Posted Online
– Act Now: Canadas Trademark Law Changes are Less Than a Month Away
– Former President of Corporation Found Liable for CASL Violations
– Special Senate Committee Update
– Jane Burke-Robertson Award of Excellence in Charity and Not-For-Profit Law

March 2019 Charity & NFP Law Update

– CRA News
– Corporate Update
– CRA Announces New Reporting Requirements in Light of PPDDA Changes
– Federal Budget 2019: Impact on Charities and Not-For-Profits
– Waiver Held Unenforceable for Not Contemplating Circumstances of Claim
– Court of Appeal Upholds Decision to Dismiss s. 6 CAA Application
– Defamation Action Against Charity Can Proceed
– Court of Appeal Rejects Tort of Harassment
– Act Soon Before New Trademarks Law Comes Into Effect
– Adjudicator Reviews Scope of Obligation to Search for Records under PHIPA
– Statistics Canada Publishes New Study on Non-Profit Sector
– Special Senate Committee Update
– Anti-Terrorism/Money Laundering Update

April 2019 Charity & NFP Law Update

– OPC Signals Policy Change for Data Transfers Across Borders
– Legislation Update
– CRA Publishes Compliance Guides on Digital Currency
– CRA Responds to 2017 Consultation Panel Report on Political Activities of Charities
– Ontario Bill 47 Creates Province-Wide Super Agency to Replace LHINs
– Applying for Federal Incorporation and Charitable Status
– Employee Dismissed for Vaping Cannabis and Driving Employer’s Car
– Changes to Trademarks Definition and Registrability Coming
– Court Denies Leave to Non-Profit to be Represented by Non-Lawyer
– Consultation on Social Finance Fund Announced
– Special Senate Committee Update

February 2019 Charity & NFP Law Update

– Legal Issues in Social Media for Charities and Not-for-Profits
– CRA News
– Legislation Update
– Corporate Update
– Supreme Court Rules on “Reasonable Expectation of Privacy” in Voyeurism Case
– Ontario Court Orders Access to Members’ Email Addresses
– Tax Court of Canada Finds Inflated Gift in Kind Values in Two Donation Programs
– Charitable Status Revoked Due to Inadequate Books and Records
– Characteristics of Employee Duties Found not to be Managerial or Supervisory
– BC Court Releases Decision on Charities “Entrusting” Funds to Community Foundation
– Failure to Enforce Trademarks can Lead to a Loss of Trademark Rights
– Privacy Issues Affecting Charities
– Ottawa Region Charity & NFP Law Seminar Materials Available

January 2019 Charity & NFP Law Update

– “PPDDA” In, “Political Activities” Out: CRA’s New Draft Guidance on PPDDA Open for Comment
– CRA News
– Legislation Update
– Corporate Update
– Court Declares Not-for-Profit Cemetery to be a Charitable Trust
– Ontario Court Strikes Part of OSPCA’s Special Act for Charter Violation
– Ontario Bill 66 and O Reg 498/18 Propose Amendments to Employment Legislation
– New Raffle Options for Charities in Ontario

– Medical Cannabis Exclusion from Benefit Plan Not Discriminatory
– More Changes to Trademark Law That Will Impact Charities and NFPs
– The CRTC Updates its Website on FAQs about CASL
– Draft Guidelines on the Territorial Scope of the GDPR
– Final Order Involving the Humboldt Broncos’ Crowdfunding Campaign
– Update on Special Senate Committee on the Charitable Sector

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