Legal and Regulatory

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Hybrid organizations: The Canadian landscape

Should an organization be able to have social impact and generate profit? Sarah G. Fitzpatrick looks at the development of hybrid organizations in Canada – and how any further development would benefit from a comprehensive analysis of whether there is a need or space for hybrid organizations.

Governments shouldn’t push endowments into responsible investing

The concept of generating positive benefits beyond just financial returns is particularly attractive to grantmaking foundations that steward endowments. But the president of Max Bell Foundation argues that a number of concerns about “responsible investing” make it premature to advocate that government should push charitable endowments in that direction.

The cy-près doctrine: The court’s discretionary power to vary the terms of charitable gifts

This is the third in a series of articles focused on various aspects of charity law that have been a burden on the Canadian charitable and non-profit sector for 70 years. The articles are written by members of the Canadian Bar Association’s Charities and Not-for-Profit Law Section, who deal with these issues on behalf of their clients on a regular basis. In this piece, Anna C. Naud looks at the doctrine of cy-près.

Charity law reform: Charitable purpose trusts

This is the second in a series of articles focused on various aspects of charity law that have been a burden on the Canadian charitable and non-profit sector for 70 years. The articles are written by members of the Canadian Bar Association’s Charities and Not-for-Profit Law Section, who deal with these issues on behalf of their clients on a regular basis. In this piece, Terrance S. Carter looks at charitable purpose trusts.

Relieving the burden: Charity law reform in Canada?

The complex regulatory environment for charities and not-for-profit organizations in Canada is in desperate need of simplification. Lawyers practising in this area have been writing about the need for reform for many years. In this series, introduced by Yvonne Chenier, they will raise awareness on these friction-causing issues and offer common-sense solutions.