Episódios
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The episode explains that registered charities in Canada must meet specific obligations to maintain their status, as failing to do so can lead to serious repercussions.
The Canada Revenue Agency (CRA) uses a graduated scale of enforcement, starting with education and potentially progressing to compliance agreements.
More severe non-compliance can result in sanctions, such as financial penalties or the suspension of the right to issue donation receipts.
The most extreme consequence is the revocation of charitable status, which leads to the loss of tax benefits, required asset dispersal, and significant damage to public perception.
The discussion emphasizes that proactive compliance through accurate filings, adherence to rules, proper record-keeping, and good governance is essential, and highlights the valuable role a charity lawyer plays in navigating these complexities and ensuring compliance.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888
B&H Charity Accounts Firm
https://www.charityaccountingfirm.ca/ -
This episode outlines several key scenarios where fundraising activities by registered charities in Canada can be deemed unacceptable by the Canada Revenue Agency (CRA).
This includes situations where fundraising becomes a primary focus instead of supporting the charitable mission, results in excessive private benefits, or involves activities that are illegal or contrary to public policy.
Additionally, fundraising is considered unacceptable if it is deceptive in any way or if it utilizes an unrelated business not permitted for charities.
Engaging in these practices can jeopardize a charity's registered status.This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888
B&H Charity Accounts Firm
https://www.charityaccountingfirm.ca/ -
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This episode explains the key differences between non-profit and charitable organizations in Canada, emphasizing that charitable organizations can issue tax receipts, unlike non-profits.It highlights that incorporation is not required for either but is strongly recommended for legal and name protection benefits.
The discussion also outlines how a non-profit obtains charitable status by applying to the CRA and provides examples of each type of organization.
Furthermore, it details the general requirements for incorporating and the importance of a Nuans report in the process.
Finally, it notes that non-profit organizations are generally exempt from income tax.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888
B&H Charity Accounts Firm
https://www.charityaccountingfirm.ca/ -
This episode outlines the process for Canadian registered charities to change their fiscal year-end, emphasizing that approval from the Charities Directorate is required.
It details two main methods for requesting this change: online via the My Business Account (MyBA) portal or by submitting a formal letter, specifying the necessary information for each.
The episode also explains the concept of a transition period created by the change, requiring a separate information return, and highlights the importance of acting promptly and ensuring the charity's governing documents are updated to reflect the new date.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888 -
This episode discusses the Canada Revenue Agency's (CRA) Report on the Charities Program for 2023 to 2024, detailing the CRA's Charities Directorate's activities related to registered charities and other qualified donees in Canada.
It outlines the directorate's mission, vision, and progress in upholding the integrity of the sector and supporting organizations in complying with tax legislation.
The report includes statistical data on registered charities, application processes, compliance efforts including audits and non-audit interventions, and information on revocations and revocation tax.
It also highlights program policy updates, stakeholder engagement through various committees, and the CRA's efforts to serve the sector and the public through various channels like telephone and written enquiries, webinars, and online resources.
If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or email at [email protected], and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888 -
This episode outlines how Canadian charities can legally engage in political advocacy while maintaining their registered status.
It clarifies what political activities are allowed and prohibited, emphasizing the requirement to remain non-partisan.
The episode highlights how recent amendments to the Income Tax Act have removed the 10% spending limit on public policy dialogue and development activities, allowing for more freedom in advocacy as long as it supports the charity's mission.
Best practices for compliant advocacy are also provided, including staying focused on the mission, keeping records, and focusing on education rather than campaigning.
If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or email at [email protected], and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
B.I.G. Charity Law Group Professional Corporation
https://www.charitylawgroup.ca/
P: 416-488-5888B&H Charity Accounts Group
https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
Recent changes to Ontario's Not-for-Profit Corporations Act (ONCA) have altered the rules for proxy voting in non-profit and charitable organizations located in Ontario.
Previously, the right to use proxies was automatic for members, but now, it is only permitted if explicitly stated in an organization's articles or by-laws.
This discussion outlines what a proxy is, the potential benefits and drawbacks of allowing them, and highlights that virtual meetings offer an alternative.
Canadian nonprofits that continue to use proxies must adhere to specific requirements for proxy forms to ensure legal compliance.
If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or email at [email protected], and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode explains challenges to founder control in standard non-profit structures where all members typically have voting rights.
It then presents two main solutions involving different membership classes to mitigate this challenge.
The first solution proposes a structure where only board members are voting members, ensuring they control board appointments. The second involves multiple classes of members.
These strategies enable founders to maintain influence over the non-profit's direction and board composition without worry of losing control of the nonprofit or charity.
If you are looking to register a nonprofit or charity and need assistance with ensuring you, as the founder, retain control, call us at 416-488-5888 or by email [email protected], and our experienced charity lawyers can assist with bylaw and related resolutions formation and revisions, giving you absolute control.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode explains how to start a non-profit society specifically in British Columbia, offering a step-by-step process for incorporation.
It highlights key stages such as building a core team, choosing a name, defining the society's purpose, and crafting bylaws.
The discussion also touches upon filing for incorporation, opening a bank account, and the separate process of obtaining charitable tax status.
Finally, it includes important considerations for long-term success and directs listeners to resources for further assistance and related topics in charity law.This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode outlines the necessary steps for establishing a not-for-profit corporation in Toronto.
The process involves choosing a unique name, preparing Articles of Incorporation, appointing directors, defining bylaws, and submitting an incorporation application.
The guide also mentions the optional step of obtaining charitable status through the Canada Revenue Agency for additional tax advantages.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode explains the crucial early decision for nonprofits looking to incorporate in Ontario: whether to incorporate provincially (specifically in Ontario) or federally.
Provincial incorporation in Ontario offers benefits such as easier access to funding, potential tax advantages, limited liability protection, an independent legal identity, and perpetual existence.
Federal incorporation provides nationwide name protection, enhanced prestige, greater flexibility for national operations, and potentially advantageous governance structures.
Ultimately, the choice depends on a nonprofit's geographic scope, administrative capacity, future plans, and budget, though both options offer core benefits like limited liability and legal standing.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs. Hat tip to our friends at OrgHub.ca, a new, innovative software platform that provides not-for-profits and charities across Canada with a solid foundation for incorporation and streamlined corporate governance.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode addresses the crucial topic of executive compensation within Canadian charities (with some references to US charity law as well), emphasizing the need for fair and reasonable pay to attract and retain competent leadership while adhering to legal and ethical standards.
Canadian regulations, particularly by the CRA, define compensation broadly and strictly prohibit undue private benefit, requiring transparency through the T3010 form.
In the US, the IRS and organizations like Charity Navigator also stress reasonable compensation, suggesting reliance on comparability data and independent review processes, while acknowledging the complexities and competitive pressures of executive roles in often large, mission-driven organizations.
Ultimately, both jurisdictions underscore the importance of board oversight and accountability in ensuring responsible stewardship of charitable resources regarding executive pay.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode, Essential Principles for Charity and Nonprofit Bookkeeping, outlines crucial guidelines for managing a Canadian organization's finances.
It emphasizes meticulously documenting and summarizing all financial transactions using accrual and double-entry bookkeeping methods for accuracy and internal control.
The discussion stresses the importance of a comprehensive chart of accounts and the regular production of key financial statements like the statement of activities and the statement of position.
Furthermore, it covers aspects such as consistent system procedures, proper recognition of revenue and expenses, management of assets, adherence to regulations, and the implementation of internal controls to ensure sound financial management and accountability.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode offers practical advice for individuals considering founding a Canadian nonprofit organization.
It emphasizes the importance of self-reflection regarding motivations and ensuring a genuine need exists for the proposed organization.
The discussion highlights key considerations such as developing a sound business plan, exploring various organizational structures, and understanding the differences between nonprofits and charities.
It also addresses the realities of the commitment involved, including administrative burdens and the need for self-care.
Furthermore, the episode outlines the incorporation process, essential documents, post-incorporation requirements like bylaws and board development, and ongoing legal and financial obligations.Finally, it touches upon the challenges of "Founder's Syndrome" and provides a self-assessment checklist to help potential founders determine their readiness.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode provides guidance to Canadian charities on preparing for and managing audits by the Canada Revenue Agency (CRA).
It highlights the potential consequences of audits, including revocation of charitable status and reputational damage.
The discussion details the CRA audit process, common audit triggers, and possible outcomes, ranging from education letters to revocation.
Furthermore, it outlines steps charities can take to prepare for an audit, such as maintaining proper documentation and seeking professional support.
Finally, the episode identifies common audit issues like inadequate record-keeping and impermissible political activities, emphasizing proactive compliance and professional advice to mitigate risks.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode addresses the rewards and risks involved in hiring a celebrity for charity marketing.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode outlines the CRA's recommended due diligence approach for grant-making to non-qualified donees (i.e., non charities), emphasizing alignment with charitable purpose and risk assessment.
The model stresses collaboration, accountability, and thorough documentation for responsible grant management.
Consistent application of these principles protects the charity and acknowledges necessary administrative expenses.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode provides a thorough outline of how Canadian charities can safeguard their assets against various legal and financial threats.The discussion emphasizes the importance of comprehensive asset management, including meticulous financial record-keeping and strategic insurance coverage.
Protecting organizational identity through trademark registration and carefully managing facility usage are also highlighted as key strategies.
Continuous improvement and good governance are essential for long-term sustainability and maintaining donor trust.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode clarifies the Canada Revenue Agency's (CRA) criteria, which involves common law and the Income Tax Act.
The CRA focuses on whether the organization's belief system qualifies as a religion and whether its purposes and activities advance that religion. Requirements include belief in a Supreme Being, worship, and a comprehensive system of faith.
To "advance" religion means to promote belief through activities materially connected to religious teachings.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
P: 289-301-8883 -
This episode provides guidance on accurately filing a Canadian charity's T3010 tax return, emphasizing the importance of meeting deadlines, providing complete information, and correctly reporting activities.
It highlights potential pitfalls such as inaccurate financial reporting and improper descriptions of charitable activities.
This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.
https://www.charitylawgroup.ca/
P: 416-488-5888https://www.charityaccountingfirm.ca/
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