The Mikuska Group  

Navigating charity rules

You’re passionate about your mission and you’re operating as a registered charitable organization in Canada. In addition to fulfilling your mission (feeding kittens, housing street youth, saving the planet), you issue donation receipts, hold fundraising events, send direct mail appeals, send a call to action to your supporters to take the government to task for policies and laws you feel should be changed – the list goes on.

Do you know what a qualified donee is? Do you know the definition of a gift? Do you understand split-receipting? Can you define “advantage”? How does it affect your receipting? Do you know the definition of “political activity” and how much you can do? Are your by-laws up to date?

The rules around operating a charitable organization are vast and at times complex. But fear not, there are excellent resources available to help you navigate these particular waters:

  • Canada Revenue Agency’s Guidance Fundraising by Registered Charities – this is a must-read by the people in your organization who are fundraising.
  • Canadian Charity Legal Checklist – compiled by Mark Blumberg at GlobalPhilanthropy.ca. An excellent overview of activities with links to more detailed information.
  • Canada Revenue Agency’s Charities and Giving website – detailed information and guidance on any topic you can imagine (including answers to the questions in paragraph #2!).

You’ll also need to consult with your legal counsel in the event of a complicated situation, for example, updating your by-laws, gift agreements and filing your charitable tax return.

It’s your responsibility to be in the know – ignorance is not a defence!

Laura Mikuska

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