Every day people’s lives are enriched by the increasingly important work of charitable and not-for-profit organizations. At the same time, charitable organizations and their directors and officers face growing scrutiny and regulations. Fasken Martineau’s Charities & Not-for-Profit group has a long history of helping not-for-profit organizations and charities build the right legal foundation for success. We help them meet the challenges of increased oversight by federal and provincial regulators, increased compliance requirements, and increased public scrutiny.
We provide legal services related to the effective creation, organization and ongoing governance and administration of charities and not-for-profit entities. We assist with the efficient maintenance of the legal affairs of the organization, including administrative and governance matters, compliance and regulatory issues, taxation matters, directors' duties and obligations, and members' rights. Based on our in-depth understanding of Canadian and provincial tax legislation, we can help resolve any tax issues that may arise. Additionally, we have extensive expertise in all areas of charity and not-for-profit law both in Canada and internationally.
We advise a large number of hospitals, healthcare service agencies, professional governing bodies and associations, community service agencies, universities, colleges, church and other religious organizations, environmental groups, professional corporations, charitable organizations and community foundations. We also advise private family foundations and non-profit corporations, including registered Canadian amateur athletic associations (RCAAAs).
- Estate litigation
- Amalgamations and other corporate reorganizations
- Foreign operations of registered charities
- Fundraising issues and charitable gaming
- International charities
- Donor advised funds
- Tax-effective charitable gifting
- Tax compliance activities
- Hospital mergers
- Defence of testamentary charitable gift will challenges and other estate matters including charitable gifts
- Defence of board governance matters
- Establishment of relations between Canadian and foreign charities
- Advice regarding structured ventures between charities and business entities
- Risk management
- Director and trustee issues