Canadian Centre for Not-for-Profit Law

Canadian Centre for Not-for-Profit Law
Name	Canadian Centre for Not-for-Profit Law
Formation	1991
Type	Non-profit law research centre
Headquarters	Toronto, Ontario
Location	Canada
Leader title	Executive Director

Canadian Centre for Not-for-Profit Law is a Canadian legal research and public interest organization focused on the legal environment of philanthropic Charitable organizations, Not-for-profit corporations, and Nonprofit organizations across Canada. It provides legal analysis, model legislation, and training to stakeholders including Provincial governments, Federal government departments, and civil society actors such as United Way chapters and Volunteer Canada affiliates. The centre collaborates with academic institutions like the University of Toronto, policy institutes such as the Fraser Institute and the Broadbent Institute, and international entities including the International Centre for Not-for-Profit Law.

History

The centre was established in 1991 following discussions among legal scholars at the University of Ottawa, practitioners from major law firms such as Blake, Cassels & Graydon and Torys, and activists associated with CanadaHelps and the Canadian Council on Social Development. Early work addressed changes related to the Canada Corporations Act and provincial statutes like the Ontario Not-for-Profit Corporations Act. The centre engaged with inquiries arising from the Kelowna Accord, the Clarity Act debates, and federal tax policy reviews involving the Canada Revenue Agency. Over time it forged partnerships with organizations including the Canadian Bar Association, the Law Society of Ontario, and international actors such as Open Society Foundations.

Mission and Objectives

The centre’s mission emphasizes legal clarity for civil society actors such as Food Banks Canada, Mennonite Central Committee, and Doctors Without Borders Canada, aiming to influence reforms to statutes like the Income Tax Act and provincial not-for-profit legislation such as the Ontario Corporations Act. Objectives include promoting structural transparency for entities like Habitat for Humanity affiliates, defending charitable registration rights akin to controversies involving Amnesty International and Greenpeace, and supporting capacity-building for organizations including Covenant House and Big Brothers Big Sisters.

Programs and Services

Programs cover legal research, training workshops, and litigation support for stakeholders such as Community Foundations of Canada, Indigenous Services Canada-funded organizations, and municipal partners like the City of Toronto. Services include model bylaws for groups such as Canadian Red Cross, compliance guides related to Charities Directorate (Canada), and educational seminars with partners like the Canadian Centre for Policy Alternatives and the Ivey Business School. The centre provides resources for governance issues faced by boards including those of YMCA associations and trusts like the McConnell Foundation.

Research and Publications

Publications address topics ranging from regulatory frameworks affecting Sierra Club affiliates to tax policy impacting United Way Centraide chapters, with white papers that have informed debates in the House of Commons committee reviews and Senate of Canada hearings. Collaborative research projects have involved institutions such as Ryerson University (now Toronto Metropolitan University), the Canadian Institute of Chartered Accountants (now CPA Canada), and think tanks like the C.D. Howe Institute. The centre has produced model legislative texts referencing precedents from jurisdictions like the United Kingdom, Australia, and the United States.

Policy and Advocacy

The centre engages in policy advocacy on matters involving the Income Tax Act charitable provisions, registration disputes involving organizations like Oxfam affiliates, and fundraising regulation that affects entities such as Heart and Stroke Foundation of Canada. It has submitted interventions to bodies including the Supreme Court of Canada, provided testimony to parliamentary committees such as the Standing Committee on Finance, and collaborated with coalitions including Imagine Canada and the Philanthropic Foundations Canada on reform initiatives.

Governance and Funding

Governance is typically vested in a board comprising legal academics from institutions like the University of British Columbia and practitioners from firms including McCarthy Tétrault and Osler, Hoskin & Harcourt. Funding sources have included project grants from foundations such as the J.W. McConnell Family Foundation, research support from federal programs administered by the Department of Finance (Canada), and agreements with provincial ministries like Ontario Ministry of the Attorney General. The organisation has also received donations from charitable trusts and fees for training provided to organizations including Canadian Cancer Society affiliates.

Impact and Criticism

The centre’s work has influenced legislative reforms in provinces such as Ontario, British Columbia, and Alberta, contributed to jurisprudence in cases argued before courts including the Ontario Court of Appeal and shaped policy discussions within forums like the Canadian Bar Association and the International Centre for Not-for-Profit Law. Critics affiliated with advocacy groups such as Atlas Network and some conservative commentators linked to the Fraser Institute have argued that its policy positions favor regulatory frameworks seen as restrictive by certain Charity watchdogs, while supporters including academics from McGill University and Queen's University praise its evidence-based approach.

Category:Organizations based in Toronto Category:Charity law