Fundraising Regulation and Compliance in Canada for Registered Charities
The most important information that a fundraiser or director of a Canadian charity needs to know about the regulation of fundraising
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Fundraising Regulation and Compliance in Canada for Registered Charities
Many Canadian charities fundraise. In total fundraising brings in over $20 billion for Canadian charities every year. Through the dedicated work of volunteers, staff and consultants many Canadian charities fundraise to have resources to conduct their charitable activities. While fundraising is vitally important for the charity sector, fundraising practices of some charities have received regulatory and public scrutiny.
This course will focus on:
- Why does CRA have a fundraising guidance and what is fundraising?
- When is fundraising not acceptable?
- Some of CRA’s key concerns including:
-Sole‐source fundraising contracts
-Non‐arm's length fundraising contracts
-Fundraising initiatives that are not well‐documented
-Fundraising merchandise purchases that are not at arm's length, not at fair market value, or not purchased to increase fundraising revenue
-Commission‐based fundraiser remuneration
-Misrepresentations in fundraising solicitations or in disclosures about fundraising or financial performance
- How does CRA evaluate a charity's fundraising and how this can impact your fundraising?
- Practices that will raise concerns with CRA
- Examples of fundraising activities
- Allocating fundraising expenditures and the perils of not doing it correctly
- Provincial regulation of fundraising
- The media's concern about fundraising
- Transparency, accountability and disclosure
- Good practices for Canadian charities that fundraise
- Restricted gifts and their impact on fundraising
- The difference between business sponsorship vs. gifts
- Third-Party Fundraising Events
- 4 CRA revocations for fundraising non-compliance and the reasons CRA gave
- Various other important issues in fundraising
This course Fundraising Regulation and Compliance in Canada for Registered Charities will be of interest to volunteers and staff at Canadian registered charities involved with fundraising especially fundraising staff. It will also be of interest to fundraising consultants, professional advisors such as lawyers and accountants who advise charities that do fundraising, board members of Canadian charities that fundraise and philanthropists who want to understand the regulatory requirements of Canadian charities who fundraise.
Your Instructor
Mark Blumberg is a lawyer at the law firm Blumbergs Professional Corporation (Blumbergs) in Toronto and works almost exclusively advising non-profits and registered charities on their work in Canada and abroad. Mark has written numerous articles, is a frequent speaker on legal issues involving charity and not-for-profit law. He is the editor of a blog, www.CanadianCharityLaw.ca, and created the largest portal of data on the Canadian charity sector, www.CharityData.ca Mark also edits www.SmartGiving.ca, which provides information on due diligence when selecting charities.
Mark is particularly interested in the regulation of non-profits and charities in Canada, philanthropy, transparency requirements for the voluntary sector, providing accessible information on regulatory issues, and the use of data to make more informed decisions on the charity sector.
Mark is quoted regularly in print media and frequently appears on radio and television on topics relating to philanthropy and the regulation of charities in Canada. Mark has also appeared on a number of occasions in front of the House of Commons Standing Committee on Finance on topics such as charity regulation, transparency, accountability and tax incentives for philanthropy. Mark has testified at the Special Senate Committee on the Charitable Sector, the Standing Senate Committee on National Finance and the House Committee on Access to Information, Privacy and Ethics.
Mark has also made presentations to the Charities Directorate Annual All Staff Meeting as well the Annual Divisional Staff Meeting of the Determinations Section of Charities Directorate. Mark presented to the Financial Action Task Force (FATF) when the FATF conducted an evaluation of anti-money laundering and counter-terrorism in Canada in 2015.
Mark sat for 4 years on the Charities Directorate Technical Issues Working Group, which is a bi-annual meeting between the Charities Directorate, the Department of Finance and the charity sector to discuss technical and policy issues pertaining to registered charities and the Income Tax Act (Canada). Mark is a member of the Exempt Organizations Committee of the American Bar Association. Mark spent 6 years on the Advisory Committee for the Master of Philanthropy and Nonprofit Leadership (MPNL) at Carleton University. Mark is on the Board of the Canadian Charity Law Association.
Mark has co-authored 20 Questions Directors of Not-for-Profit Organizations Should Ask About Mergers (Published by CPA Canada) and co-wrote a chapter on International Trends in Government-Nonprofit Relations: Constancy, Change, and Contradictions in Non-profits and Government: Collaboration and Conflict in Non-profits and government: collaboration and conflict (Edited by Elizabeth T Boris and C Eugene Steuerle)
Mark frequently lectures to various industry and professional groups on charity compliance issues including the Chartered Professional Accountants Canada (CPA Canada), as well as CPA Ontario, BC and Alberta, the Canadian Bar Association, Ontario Bar Association, Canadian Association of Gift Planners, Association of Fundraising Professionals, Ontario Hospital Association, Ontario Non-profit Network, and many other organizations.
Mark has a B.A. in Political Science from the University of Toronto, an LLB from the University of British Columbia and an LLM from Osgoode Hall Law School in Tax Law.
Course Curriculum
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StartSLIDE Deck and Resources
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PreviewIntroduction, Charity Law Basics, Variety of Charities, Why Have a Fundraising Guidance? (45:32)
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StartCRA's Guidance Fundraising by Registered Charities (72:36)
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StartProvincial regulation, Media, Ratios and Rankings, Ideas to Reduce Fundraising Costs, Bequests, Restricted gifts, Business Sponsorship (97:02)
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StartThird-Party Fundraising Events, Examples of Charities Revoked for fundraising non-compliance, Why plummeting trust in charities? Further resources, Conclusions (56:28)