Federal Regulation of Charities

This article has been developed from the monograph “Federal Regulation of Charities: A Critical Assessment of Recent Proposals for Legislative and Regulatory Reform” (Toronto: York University, 2000). Introduction There are a number of significant concerns and difficulties with the existing regulatory framework governing charities at the federal level in Canada. There is a lack of…

Charitable Gaming: The Legal Context

Introduction Charitable gaming has become both a large service industry in Canada and an important source of revenue for charitable organizations. The legal authority for charitable gaming rests in paragraph 207(1)(b) of the Criminal Code of Canada.1 Based on that exemption, an industry employing thousands of people and providing billions of dollars in revenue has developed…

Consultation Paper on Total-Return Investing by Trustees

COMMITTEE ON THE MODERNIZATION OF THE TRUSTEE ACT, Law Institute, University of British Columbia, Vancouvera 1. Investment Strategy and the Distinction Between Capital and Income The purpose of all investment is to acquire gain. It is no different in the case of a trust. Trustees invest the trust property in order to bring about an increase…

From the Editor

In this issue, we offer two contributions to the continuing debate about the federal government’s role in the charity sector. In Part I of a thought-provoking article, Arthur Drache and Laird Hunter propose the implementation of a Canadian Charity Tribunal which would have authority over the registration of charitable entities. They suggest there is no…

The Broadbent Report: An Overview

As incidents of corporate improprieties came to light during the early 1990s and concern about government profligacy spread throughout the western world, pressures grew to improve accountability and governance practices in the public and private sectors. By mid-decade, these pressures encompassed the voluntary sector as well. In Canada’s private sector, these pressures prompted a wholesale…

New Investment Powers for Charities

Application of Trust Law to Charities Introduction Trust law dealing with investment powers and duties may be applicable to charities in any of three ways: ( 1) the charity may be organized as a charitable trust; (2) the charity, even though organized as a corporation, may hold some funds subject to a trust separate from…

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