The Law of Charitable and Not-for-Profit Organizations, 5th Edition
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Work effectively with and within a charity or NPO.
Charitable and not-for-profit organizations play an important role in Canada's economy, and in the lives of millions of Canadians involved in community efforts. In working inside or alongside these organizations, it is of immense benefit to have a good understanding of the laws governing them. This book is the leading legal reference text on the subject, providing an overview of the laws governing charitable and not-for-profit organizations, offering comprehensive analysis and advice in areas such as:
- Legal structure
- Governance and stewardship
- Charity members and their relationship with the organization
- Revenue, including fundraising, gifts, gaming, etc.
- Legal compliance with various statutes and taxation
New in this Edition
Author Donald J. Bourgeois is a top legal expert in the field, providing detailed information on charitable law, and offering exceptional insights and guidance. This new edition features significant case law, practice and legislative updates since the previous edition was published, including:
- The continued rise of political risk, particularly for registered charities
- Extensive coverage of the newly implemented British Columbia Societies Act
- Coverage of the Canada Not-for-Profit Corporations Act including a new discussion of by-law and member voting right requirements, and the upcoming Ontario Not-for-Profit Corporations Act
- The Canada Revenue Agency's (CRA) developing role as a primary regulatory body governing charitable organizations
- The use of "Enterprise Risk Management" (ERM) as a critical method to address risk
- The issue of the responsibility of directors to the public with respect to fundraising is reviewed in Cannon v. Funds for Canada Foundation
- Reviews the role of the CRA with respect to public fundraising; the growing importance of ethical behaviour in fundraising; social media and crowdfunding as techniques in fundraising
- New case law developments with respect to reasonable accommodation and Bona Fide Occupational Requirements with respect to Human Rights
- Legal obligations to report privacy breaches and other privacy legislation compliance developments
- What constitutes a "charitable purpose" with regard to the approach taken by the CRA in assessing and defining what is a "public benefit"
- Changes to the Income Tax Act on how charitable organizations are defined under the Act
- What the CRA considers to be "political activities"
- Public Guardian and Trustee authority over charities and charitable property under the Charities Accounting Act
- New discussion of the Forfeited Corporate Property Act, 2015 and the Escheats Act, 2015
Who Needs This Book
- Lawyers who represent charities and not-for-profit organizations – Top resource for charities and not-for-profit law in Canada
- In-house counsel – Whether they are working for charitable organizations, social welfare and cultural organizations, not-for-profit organizations, trade associations, etc. or as counsel for those dealing with a charitable group, such as when making a donation
- Government lawyers and ministries – Who regularly work or interact with charities and not-for-profit organizations
- Charities and not-for-profit organizations – With an eye to having an important legal reference tool close at hand
- Accounting firms – Who have charities and not-for-profit organizations as clients, to help advise them on maintaining their organization's status.
Table of contents
Chapter 1: Charitable and Not-for-Profit Sector in Context
Chapter 2: Legal Structures for Charitable and Not-for-Profit Organizations
Chapter 3: Governance and Stewardship
Chapter 4: Members and Their Relationship to the Organization
Chapter 5: Revenue
Chapter 6: Compliance with Laws of General Application
Chapter 7: What is Charitable?
Chapter 8: Taxation
Chapter 9: Oversight of Charitable Organizations