ArticleDirectors: A New Statutory Standard of CareBreaching the standard of care expected of directors can lead to personal liability for directors. CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleDirectors' Resignations: When Are They Effective And Can They Be Revoked?Small but useful points in Adams v Association of Professional Engineers (Ontario), 2012 ONSC 3850, and Kandolo v Kabelu, 2012 ONSC 4420. CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleDirectors: Who Qualifies And Who Is Ineligible Under Ontario’s Proposed Not-For-Profit Corporations Act, 2010?Last week we had a blog posting on "Directors: Who Qualifies and Who is Ineligible under the New Canada Not-for-profit Corporations Act?". CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleFederal Government To Match Donations To Charities Responding To Syria CrisisThe Federal Government announced on September 12, 2015 that it will match donations by individual Canadians to registered Canadian charities that are responding to the conflict in Syria, up to a total of $100 million.CanadaCorporate/Commercial LawMiller Thomson
ArticleGuindon v. Canada: Supreme Court Of Canada Upholds Administrative Penalties In Leveraged Donation SchemeThe program involved donations of Turks and Caicos timeshare units to a registered charity at a fair market value greater than the cash payment made by the participants to acquire the timeshares.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleHeads Up Federal NFPs/Charities!We’re almost half-way through the three-year period granted under the Canada Not-for-Profit Corporations Act (the "CNCA") to corporations incorporated under the Canada Corporations Act to continue to the CNCA. CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleInformation On New Societies Act Now Available On BC Registry Services WebsiteWith the exception of a few sections named in the Act, the requirements set out in the Societies Act will apply to all BC societies from the in-force date of November 28, 2016.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleIntroduction Of New Societies ActThe new Societies Act will receive first reading at the BC Legislature today.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleNew CRA View On Whether Condominium Corporations Are Exempt From TaxOn August 18, 2014, CRA issued a new document that deals with the tax implications of a leasing arrangement between a condo corporation (the "Corporation") and a company proposing to install solar panels on several rooftops of the condominium complex. CanadaCorporate/Commercial LawMiller Thomson
ArticleNew Revocation Offence – Accepting Donations from State Supporters of Terrorism The Budget introduces a new revocation offence that is intended to curb abuse by foreign state sponsors of terrorism. CanadaCorporate/Commercial LawMiller Thomson
ArticleNew Year, New Disbursement QuotaSince Federal Budget 2022 was released back in April, the charitable sector has been awaiting confirmation that the proposed increase to the disbursement quota ("DQ") will become law.CanadaCorporate/Commercial LawMiller Thomson
ArticleNFP Q&A: Is Your Letter Of Intent Meeting Your Intentions?There are reasons why organizations enter into letters of intent, memoranda of understanding or engagement letters, instead of definitive agreements.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleNot-For-Profits Should Review The Canadian Code Of Advertising StandardsOver the past few years, a number of complaints against not-for-profits have been upheld by ASC. CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleONCA Fast FactsIn October 2021, the Not-for-Profit Corporations Act, 2010 ("ONCA") came into force. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA and,...CanadaCorporate/Commercial LawMiller Thomson
ArticleONCA Update: Court Clarifies When A Special Resolution Is Required For Certain By-law AmendmentsA recent Ontario court decision has clarified the interaction between sections 17 and 103 of the Ontario Not-for-Profit Corporations Act, 2010, confirming that certain by-law amendments require member confirmation by special resolution. This interpretation provides important guidance for organizations amending their by-laws, helping them determine whether proposed changes require member confirmation by ordinary or special resolution. CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleOntario Extends Deadline For Proclamation Into Force Of The Not-for-Profit Corporations Act, 2010The Not-for-Profit Corporations Act, 2010 (ONCA) received royal assent on October 25, 2010 but has not yet been proclaimed into force.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleOntario Not-for-Profit Corporations Act – Transition And Next StepsAs we reported last week, the Ontario government announced that, after almost 11 years, the Ontario Not-for-Profit Corporations Act (ONCA) is finally being proclaimed into force effective October 19, 2021 (proclamation date).CanadaCorporate/Commercial LawTorkin Manes LLP
ArticleRansomware Attack On Cloud-services Provider Affects Charities And Not-for-profitsA company that supplies cloud fundraising and accounting software to the charity and not-for-profit sector announced yesterday that it experienced a ransomware attack in May 2020.CanadaCorporate/Commercial LawMiller Thomson
ArticleRegistered Charity T3010 Mailing Address ChangeTo meet their obligations under the Income Tax Act (Canada), all registered charities must file a Registered Charity Information Return (T3010) on an annual basis within six months of their financial year end.CanadaCorporate/Commercial LawMiller Thomson
ArticleRegistering A Charity In CanadaThe number of charitable organizations registered with Canada Revenue Agency (CRA) is close to 90,000. This includes large public organizations in the health and arts field, local service groups...CanadaCorporate/Commercial LawGardiner Roberts LLP