Charities and Not-For-Profit Law Conference 2018

Course Chairs
Michael Blatchford — Norton Rose Fulbright Canada LLP, Vancouver
Martha Rans — Barrister & Solicitor, Vancouver 

Michael is a partner in the Vancouver office of Norton Rose Fulbright Canada LLP. He works with charities, not-for-profit organizations, and other entities in the voluntary sector, from health care, education, and social services to arts and culture, environmental and recreation, and athletics. Michael also assists professional bodies, associations, clubs, and religious and faith-based organizations. He advises on all aspects of their operations and governance, helping them to effectively carry out their programs while complying with regulatory obligations. He represents organizations in their dealings with regulators, including the Canada Revenue Agency, advises on fundraising and receipting issues for charities, and has assisted numerous charities in carrying out their work abroad. He also provides advice to charities and not-for-profit organizations that carry on a social enterprise or other revenue generating activities. Michael is the co-founder and co-chair of the BC Charity and Non-Profit Law Section of the Canadian Bar Association.   

Martha Rans has over 22 years of experience as a lawyer including a decade as an employment, labour, and human rights lawyer/mediator. Since setting up her own practice in 2003, her work has been primarily devoted to non-profits, co-ops, and charities. She regularly advises her clients across BC on non-profit incorporation, governance, privacy, employment, labour, human rights, and intellectual property/social media. Martha is an advocate for public legal education and information for non-profits. She is the co-founder and Legal Director of the Artists’ Legal Outreach (artistslegaloutreach.com) and the Law for Non Profits project (lawfornonprofits.ca) that together provide advice, information, and education to thousands of BC’s creators and non-profits. She is also a copyright educator and teaches the next generation of artists and designers at ECUAD and UBC.

Planning Committee
Kate Bake-Paterson — DLA Piper (Canada) LLP, Vancouver
Anders Ourom — Sole Practitioner, Vancouver
Clea Parfitt — Clea F. Parfitt, Lawyer, Vancouver 
Dierk Ullrich — Fasken Martineau DuMoulin LLP, Vancouver

Faculty 
Kate Bake-Paterson  — DLA Piper (Canada) LLP, Vancouver
Michael Blatchford  — Norton Rose Fulbright Canada LLP, Vancouver
Riley Burr — Norton Rose Fulbright Canada LLP, Vancouver
Anders Ourom  — Sole Practitioner, Vancouver
Clea Parfitt  — Clea F. Parfitt, Lawyer, Vancouver
Martha Rans  — Barrister & Solicitor, Vancouver
Shannon Salter  — Chair, Civil Resolution Tribunal, Vancouver
Mike Walker  — Miller Thomson LLP, Vancouver
Dierk Ullrich  — Fasken Martineau DuMoulin LLP, Vancouver

Course Materials Contributor
Eileen Myrdahl — Articled Student, Clea F. Parfitt, Lawyer, Vancouver

Click here for full faculty bios »

Welcome and Introduction

Michael Blatchford  — Norton Rose Fulbright Canada LLP, Vancouver
Martha Rans  — Barrister & Solicitor, Vancouver

Dispute Resolution with the Civil Resolution Tribunal 

Learn about the first online tribunal in Canada, which will assume jurisdiction over Societies Act and Cooperative Associations Act disputes in the coming year. This session will explain:

• the CRT’s philosophy
• how it works
• answer any questions you may have

Shannon Salter  — Chair, Civil Resolution Tribunal, Vancouver

Access to Records and Privacy Update

• what records are required to be maintained under the Societies Act and how they must be maintained
• who is entitled to inspect corporate records and how that access can be restricted
• responding to requests for disclosure of corporate records
• access to corporate records through Registrar of Companies and/or CRT
• privacy issues in respect of disclosure of corporate records

Kate Bake-Paterson  — DLA Piper (Canada) LLP, Vancouver
Martha Rans  — Barrister & Solicitor, Vancouver

Break 

Sexual Misconduct/Harassment and Non-Profits 

Allegations of sexual harassment pervade today’s headlines. Non-profit structures create complex relationships between boards, executives, members, and volunteers, which can make navigating these types of claims more complex. This session will discuss:

• what is sexual misconduct?
• whose conduct can be misconduct or harassment?
• what must non-profit organizations do to prevent sexual misconduct?
• what must non-profit organizations do internally to respond to sexual misconduct?
• how should non-profit organizations handle sexual harassment complaints to the provincial Tribunal or federal Commission?
  

Clea Parfitt  — Clea F. Parfitt, Lawyer, Vancouver

The Ongoing Saga of Charities and the Regulation of "Political Activities"—A Review of the Canada Without Poverty Decision

In July 2018, the Ontario Superior Court issued reasons for judgment in the case of Canada Without Poverty v. Attorney General (Canada), in which the charity invoked the Charter claiming that regulation of political activities by the Income Tax Act infringed on the Charity’s freedom of expression. The court agreed with the charity’s position and struck down the relevant sections of the statute. While the decision is currently under appeal, the court’s reasons provide fertile ground for analysis and opinion about the role of registered charities in public policy discourse and the nature of “political activities.” On September 14, the federal government proposed amendments to the Income Tax Act related to this same issue. This session will:

• summarize the context of the case
• provide an overview of the court’s reasons and the proposed amendments
• offer some comments on the possible ramifications for the charitable sector
  

Michael Blatchford  — Norton Rose Fulbright Canada LLP, Vancouver

Networking Lunch (Provided)

Last Minute Societies Act Transition Applications—Essentials

There are about 27,000 BC organizations incorporated under BC’s Societies Act. All are required to transition under the Societies Act by November 28, 2018. As of early September, only about 52% had transitioned. There is likely to be considerable demand on lawyer’s services for transitions over the next few months. This session will focus on:

• the essentials of Societies Act transitions
• working with last-minute transitions
• the common pitfalls and problems, and how to address them

Dierk Ullrich  — Fasken Martineau DuMoulin LLP, Vancouver
Anders Ourom  — Sole Practitioner, Vancouver

Break

Non-Profit Housing — Objectives and Challenges

• squaring your purposes with the housing needs in your community
• meeting conflicting demands of government funders and regulators
• determining who will have ultimate control over operations and assets
• building for long-term sustainability

Mike Walker  — Miller Thomson LLP, Vancouver

Introduction to GST Issues for Charities and Non-Profit Organizations 

While registered charities and non-profit organizations are exempt generally from paying income tax, there are many situations in which they have obligations under the Excise Tax Act related to the payment, collection and remittance of GST. This session, made with non-tax lawyers in mind, will summarize:

• basic GST concepts applicable to registered charities
• how to spot potential GST issues for your charity clients
• when a charity needs to register for GST
• certain common situations where charities must collect and remit GST

Riley Burr — Norton Rose Fulbright Canada LLP, Vancouver

Closing Remarks

Michael Blatchford — Norton Rose Fulbright Canada LLP, Vancouver
Martha Rans — Barrister & Solicitor, Vancouver