Charity & Not-For-Profit
The Charity & Not-for-Profit Law Group at Cassels Brock provides a broad range of services to charities, not-for-profit organizations, donors and others. These include universities, colleges, schools, hospitals, social agencies, government organizations, religious groups, professional organizations, trade associations, political organizations, recreational groups, advocacy groups and a variety of other organizations. Our clients range in size from very small to extremely large, across Ontario and in some cases in other provinces, depending on applicable law.
In addition to providing corporate/commercial advice, the Group provides advice on tax compliance and tax planning, real estate, litigation, labour and employment law, intellectual property law and a variety of other areas of law as they relate to the charity and not-for-profit law sector.
In particular, we advise our clients on the following matters:
- Provincial and federal legislation dealing with universities, colleges, schools, hospitals, social service agencies, other registered charities
- Trust and estates law as it relates to donations, planned giving and estate administration
- The incorporation, organization and corporate governance of various entities, including obtaining letters patent, supplementary letters patent, enacting by-laws, amending by-laws and related matters
- Registration under the Income Tax Act with Canada Revenue Agency and related compliance matters such as advice with respect to the expenditure of funds, donations, planned giving and other matters
- Trade-marks, copyright, patents, website agreements, software agreements, domain names and related matters
- Privacy issues, workplace safety, unions and collective bargaining and other human resource issues
- All aspects of charitable fundraising, including sponsorships, naming opportunities and other matters
- Strategic alliances, mergers, acquisitions and other combinations and insourcing and outsourcing arrangements
- Risk management and litigation, including vicarious liability claims and other third party liability claims, as well as insurance and indemnity for organizations and their directors and officers
- Planning for Canadian operations of foreign charities and other organizations
- Planning for foreign operations of Canadian registered charities and not-for-profit organizations
- Conflicts of interest, ethics, fiduciary duties and other governance issues as they relate to directors and advisory boards
Our lawyers are encouraged to participate actively in charitable and other not-for-profit organizations. In many cases they act as volunteers providing legal advice, serving on boards of directors or in other capacities. This is consistent with our firm’s approach to social responsibility and contribution to our community.
The voluntary sector in Canada, including registered charities and not-for-profit organizations, is undergoing dramatic changes. These include regulatory, tax and governance issues, among others. Sound legal advice is often a critical part of tax planning and compliance processes.