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"2011 Budget - The Sequel" keeps changes for charities
publication date: Jul 4, 2011
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author/source: Terrance S. Carter
On June 6, 2011, the 2011 federal Budget (the "Budget") was
reintroduced by the Minister of Finance and was passed by the House of Commons the
next day. The original Budget was
tabled by the government on March 22, 2011 but it was not adopted as a result
of the dissolution of Parliament on March 26.
 The 2011 Budget proposes sweeping changes to the regulatory regime affecting registered charities and other qualified donees, and in particular Canadian Registered Amateur Athletic Associations ("RCAAAs"). For an overview of the various proposals contained in the Budget, refer to Charity Law Bulletin No. 245. This article outlines the differences in the Budget of June 6, 2011 compared to the proposed Budget from March 22, as well as providing a brief summary of Canada Revenue Agency's (CRA's) recent commentary on the Budget. Changes to the budget The Budget remains the same as the proposed March Budget except for the following changes.
However, the hard work of coming up with a reasonable interpretation of some of the more difficult Budget provisions, in particular dealing with new governance provisions on qualification requirements for directors, trustees, officers and managers, still needs to be done. CRA may be seeking input from the charitable sector, and it is a good opportunity for the charitable sector to express their thoughts on these contentious issues. Conclusion The Budget remains in essence the same as the proposed budget from March 22, 2011. All of the proposals from the original Budget have reappeared in the current Budget, with slight modifications. These changes will have a broad impact on the charitable sector and bring sweeping changes to the regulatory regime affecting registered charities, qualified donees and RCAAs in the future. Terrance S. Carter is the managing partner with Carters Professional Corporation, and Counsel to Fasken Martineau DuMoulin LLP on charitable matters. He is a member of Canada Revenue Agency's Technical Issues Group, past member of CRA's Charities Advisory Committee, Chair of the National Charity and Not-for-Profit Section of the Canadian Bar Association, and has been recognized as a leading expert in Canada by Lexpert and Best Lawyers in Canada. Mr. Carter is also editor of www.charitylaw.ca, www.churchlaw.ca and www.antiterrorismlaw.ca and a consulting editor of Charities Legislation and Commentary 2009 Ed. Contact him |
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