Legal and Regulatory - Page 3 of 42 - The Philanthropist Journal

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

August 15, 2022 Anna C. Naud

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.

Analysis

For Canadian charities, victory on Budget Implementation Act is tempered by uncertainty

June 8, 2022 Tim Harper

The House of Commons finance committee passed key amendments to the BIA at the end of May, ridding the bill of language described as “‘direction and control’ on steroids.” But a prohibition on “directed giving,” which prevents pooled funding if those funds are solicited for a specific cause, remains.

Analysis

Charity law reform: Charitable purpose trusts

June 1, 2022 Terrance S. Carter

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.

Analysis

Relieving the burden: Charity law reform in Canada?

June 1, 2022 Yvonne Chenier

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.

Analysis

Philanthropic sector ‘relieved’ with key victory at Commons committee

May 31, 2022 Tim Harper

Canada’s charitable and philanthropic sector won a major victory Monday, May 30, when the House of Commons finance committee voted unanimously to eliminate wording in the budget implementation bill that had been described as “‘direction and control’ on steroids.”

Analysis

The sector speaks loudly on Budget Implementation Act, but has it been heard?

May 26, 2022 Tim Harper

With the government poised to enact legislation that threatens to set back efforts by charities to more easily fund “non-qualified donees,” the sector has mounted a full-throated pushback.

Analysis

For the philanthropic sector, a step forward on ‘direction and control,’ but more work ahead

May 12, 2022 Tim Harper

The Liberal government’s move to legislate the “spirit” of private member’s bill S-216 perpetuates the colonial relationship between charities and groups without charitable status, according to leading sector voices.

Opinions

Why philanthropy needs a new story

May 10, 2022 Julia Howell

The story of philanthropy is not static; it evolves with every new challenge faced. Recently, the calls for reform have been loud and clear – to unlock the billions locked up in endowments, remove “direction and control,” and shift to more reciprocal relationships.