Miller Thomson has one of the most sophisticated charities and not-for-profit practices in Canada. We provide voluntary sector organizations with legal services designed to meet all of their needs. We advise Canadian and International organizations on all aspects relevant to their activities including, tax, regulatory matters and cross border funding. We offer these specialized services in both English and French.
The members of our group have expertise in the particularly complex regulatory income tax regime under which our clients operate. The role we assume is either that of a General Counsel (available to provide an organization with access to a broad range of services and support from other key practices at Miller Thomson), or that of a Special Counsel who provides specialized charity law assistance together with the organization’s usual legal counsel. Our lawyers represent charities successfully in contentious CRA audits. We write text books on charity law, including tax and other regulatory regimes. We also present at all major Canadian legal and sector conferences on charities and not-for-profit issues. Our lawyers are active in government relations on behalf of the charities and not-for-profit sector.
We offer clients a value-added approach catered to each organization’s needs. Whether advising on tax compliance strategies and structures for charities and non-profits operating across multiple jurisdictions, helping to secure and structure mission-related investments, or restructuring charities and non-profits to generate revenue from innovative sources, we have the specialized knowledge and experience needed to help organizations achieve a sustainable long-term advantage.
Nationally, we help our clients:
- Comply with Income Tax Act (Canada), Taxation Act (Quebec) as well as Canada Revenue Agency and Revenue Quebec requirements
- Conduct internal compliance audits and advise on risk management
- Understand provincial laws on investments, privacy and fundraising
- Incorporate in jurisdictions across Canada
- Comply with annual corporate requirements – meetings, minutes, and filings
- Consider and implement governance and by-law changes
- Anticipate and resolve corporate governance issues and disputes
- Plan and execute corporate integrations and restructurings
- Protect against liabilities
- Obtain charitable status
- Harmonize foreign and domestic operations of registered charities
- Maximize the impact of fundraising and gift agreements
- Engage in social enterprise and social finance
- Create governance and operational policies dealing with issues such as investments, gift acceptance, and conflicts of interest
- Address general legal matters, including real estate, employment, health law, charitable gaming, education law and intellectual property needs
- Provide direct advocacy support on complex matters
Our national team has delivered value-added legal counsel in a variety of recent engagements, including:
- Advising small and large charities and not-for-profit organizations under Canada Revenue Agency audit
- Establishing new organizations and working with them through the startup phase
- Merging chapters of national organizations into one entity
- Advising social entrepreneurs on mixed purpose structures
- Drafting agreements to structure collaborations between organizations
- Establishing relations between Canadian charities and affiliated foreign charities
- Advising advocacy organizations on political activity limits
- Restructuring the governance of a long standing non-profit to meeting changing needs
Miller Thomson recognized in 2018 Canadian Legal Lexpert Directory
In the recently released 2018 edition of the Canadian Legal Lexpert® Directory, 90 Miller Thomson lawyers across 35 areas of law have been recognized for their industry-leading advisory expertise. These rankings are the culmination of an extensive annual peer review process...
Miller Thomson earns top rankings in Chambers Canada 2018
Miller Thomson earned a top Band 1 ranking for two practice areas in the 2018 Chambers Canada Guide. Our Charities and Not-For-Profit group is regarded for “its novel and innovative approach to complex matters arising within the charitable and non-profit market,”...
Susan Manwaring on federal panel of charitable sector experts reporting to Minister of National Revenue
Susan Manwaring served on the five-member Consultation Panel on the Political Activities of Charities that presented its report to the Minister of National Revenue at the end of March 2017, following extensive consultations with the public and the charitable sector. The report...
Miller Thomson to release comprehensive Federal Budget review on March 22
Our in-depth analysis of the Federal Budget will be released later this week. Corporate tax lawyers Ron Choudhury and Rahul Sharma, and Social Impact lawyer Nicole D’Aoust will be at budget lock-up in Ottawa on March 22 to bring you the latest tax measures...
Miller Thomson partners on first federally-funded social impact bond
On October 28, 2016, Canada’s Minister of Health, the Honourable Jane Philpott MP, along with Heart and Stroke Foundation of Canada (“HSFC”) and MaRS Centre for Impact Investing, announced Canada’s first ever federally-funded social impact bond (“SIB”). A SIB is...
Susan Manwaring named to federal panel examining political activities of charities
Susan Manwaring, lead of the national Social Impact group, has been named to the consultation panel that will make recommendations to Minister of National Revenue Diane Lebouthillier in order to clarify the rules governing the involvement of registered charities in political activities. The panel,...
Miller Thomson renames national practice group to reflect advanced social sector expertise
Click here to see the press release
Special Edition: MT Federal Budget Review
Miller Thomson’s Tax Group has written a comprehensive review of the 2016 Federal Budget. Our tax lawyers provide insightful review of the Federal Budget’s impact on such issues as International Tax, Business Income Tax, Personal Income Tax, Charities and Not-for-Profit...
Miller Thomson releases comprehensive Federal Budget review March 22, 2016
Tax lawyers Ron Choudhury, Rahul Sharma and Nicole D’Aoust from Miller Thomson’s Toronto office will be in the Federal Budget Lock-up in Ottawa on March 22nd to bring you the latest news on tax measures included in the 2016 Federal...
Gail Black appointed Queen’s Counsel (Q.C.)
Calgary partner Gail Black becomes Miller Thomson’s latest appointee to Queen’s Counsel (Q.C.) Through a nomination process that takes place every two years, particularly eminent lawyers in Alberta are recognized for their outstanding contributions to the legal profession and public...
Robert Hayhoe speaks on Charity and Not‐for‐Profit Law
Robert Hayhoe will be presenting on “Ethical Issues for Lawyers Sitting on Charitable or Not-for-Profit Boards” at the 2017 OBA Institute.
Susan Manwaring speaks on donor issues at CAGP course
Susan Manwaring presents “Emerging Donor Issues” at the Advanced Canadian Gift Planning Course for the Canadian Association of Gift Planners (CAGP).
Andrew Valentine speaks on legal developments in gift planning
Andrew Valentine speaks on “Recent Legal Developments in Gift Planning” at the Canadian Association of Gift Planners’ National Conference.
Susan Manwaring speaks on alternative financing for charities
Her presentation is for the Canadian Council of Christian Charities 2016 conference.
Susan Manwaring speaks on social impact bonds
Susan Manwaring co-presents with Grant Monck at the CAGP National Conference on “Social Impact Bonds: A Creative Tool for Advisors, Charities and Government”.
Susan Manwaring and Martin Rochwerg speak on estate and tax planning
The 2016 Guide to Complex Issues in Estate and Tax Planning is presented by Osgoode Professional Development. Susan Manwaring speaks on “Charitable Donations: What You Need to Know”. Martin Rochwerg is Program Co-Chair.
Susan Manwaring speaks on social enterprise
Susan Manwaring presents “Social Enterprise: Rethinking Your Organizational Structure” at the CPA Not-for-Profit Financial Executive Forum.
Susan Manwaring lectures on risk management
Susan Manwaring is an instructor for Imagine Canada’s Standards Program Coach Certificate Course in collaboration with Carleton University.
Andrew Valentine speaks on charity law
Andrew Valentine is a speaker at the Ontario Bar Association’s Institute 2016 program on “Current Need-to-Know Topics in Charity Law”.
Susan Manwaring presents at executive breakfast series on women on boards
Susan Manwaring speaks as part of a panel on “Women on Boards: How to be one” at the Executive Breakfast Series hosted by Women in Film & Television.
Recent Developments for Charities and Not-for-Profits
Miller Thomson’s Social Impact Group invites you to a complimentary seminar on recent developments and legal updates in the voluntary sector where we will discuss: Federal Update – What’s New? Rules for Directors of Societies and Co-operatives BC Budget –...
Charity Advocacy and the Canada Revenue Agency. Where Are We Now?
Miller Thomson’s Social Impact Group invites you to its next breakfast seminar at our Montréal office. Topic discussed: The Canada Revenue Agency invited a group experts to make recommendations on changes that could be implemented to the rules that apply to activities...
Where’s Grandma’s Monet? Advising the Older Donor
Miller Thomson’s Social Impact Group invites you to its next breakfast seminar at our Montréal office. Come learn more and exchange on ethical and legal issues with vulnerable donors. Topic discussed: The decision of the Supreme Court of Canada in the...
( Available in French only )
Ce que les OBNL doivent savoir sur les taxes foncières et les exemptions
Le groupe Impact social de Miller Thomson vous invite à son deuxième déjeuner-conférence d’une série de quatre. Date : Jeudi 4 mai 2017 Horaire : 8 h à 9 h Réservation obligatoire par courriel : email@example.com L’appellation « Organisme à but non lucratif » (« OBNL ») n’est pas...
Cybersecurity: Trends and Advice for Charities and Not-for-Profit
Miller Thomson’s Social Impact Group launches its series of breakfast seminars specifically targeting charities, non-profit organizations and social enterprises. Join us for the first breakfast on cybersecurity. **Please note this seminar will be delivered in French. Date: Wednesday, April 5,...
The New Societies Act in British Columbia: What You Need to Know
On November 28, 2016, the new British Columbia Societies Act comes into force. Our Social Impact Group presents a complimentary seminar where we discuss what you need to know about the new Act, highlight some of the significant changes, and ensure...
New Corporate Structures for Achieving Social Impact
Susan Manwaring speaks on “New Corporate Structures for Achieving Social Impact” at the 2013 Social Enterprise World Forum in Calgary.
Charities Law Update
Miller Thomson hosts a breakfast seminar covering: Canada’s new anti-spam legislation New CRA rules on political activities for registered charities Update on CRA’s Non-Profit Organization Risk Identification Project BC’s Community Contribution Company legislation – in force July 29, 2013 Location...
Charities & Not-For-Profit Update
Miller Thomson hosts a breakfast seminar outlining updates in the Charities and Not-for-Profit sector.
Review of the Budget 2011 Proposals
The Miller Thomson Charities Group hosts a breakfast seminar reviewing Budget 2011 proposals. This is a repeat of our June 9, 2011 seminar.
Forewarned is Forearmed: Questions You Should Ask Before Joining A Board of Directors
Joining the board of a charity or a non-profit organization (“NPO”) can be an enriching and mutually rewarding experience. Whether orientation of new board members is approached informally or formally, both the organization and the new director should be sure...
Legal Issues for Charities and NPOs on Social Media Networks
Maintaining a social media presence can be a huge asset for charities and non-profits as they pursue their missions and mandates. These networks are powerful tools that can be used to reach wider audiences, increase brand awareness and outreach and...
Karima Kanani and Meg Spevak will be presenting on “Are You Ready? New Amendments to Non-Profit Governance in Ontario” to members of the Association of Family Health Teams of Ontario in Toronto, ON on May 11, 2018. Susan Manwaring will be speaking...
Charity Checklist: What to do if your charity is audited
There are over 86,000 registered charities in Canada. Each year, the Canada Revenue Agency Charities Directorate audits approximately 700 of these charities. Some of these audits occur based on random selection, some as a result of targeted reviews of particular...
David Tang and Andrew Valentine will be presenting on the topic, “Recent Developments Affecting Nonprofit Religious Organizations in Canada” at the American Bar Association Business Law Spring Meeting in Orlando, Florida on April 12, 2018. Troy McEachren and Nicole D’Aoust will be presenting on the topic...
Budget 2018: Developments Affecting Private Companies
In this edition: Passive Income Proposals for Private Corporations Increased Reporting Requirements for Trusts Passive Income Proposals for Private Corporations Budget 2018 contains two new measures to deter the accumulation of passive assets within private corporations. These changes are...
Recent Developments for Charities & Not-For-Profits
Miller Thomson Social Impact seminar
Gala Event Gone Bad – President’s Club Charitable Trust
I never thought that I would write an article on why sexual assault and harassment should not be used as a charitable fundraising technique. Then I read press reports from England about the President’s Club Charitable Trust (the “Trust”). The...
Senate of Canada to Study Charitable Sector
On January 30th, 2018, the Senate of Canada passed a motion to appoint a Special Committee of the Senate to review issues related to the charitable sector in Canada (the “Committee”). The Senate confirmed that the Committee’s general mandate will...
CRA Announces New Business Numbers Not Required for Internal Divisions
We previously reported that, as part of the Canada Revenue Agency’s modernization project, CRA had planned to assign (and in fact began assigning) new business numbers to internal divisions of registered charities. CRA has now determined that it is not...
Health minister announces groundbreaking federally-funded social impact bond
Counsel to Heart and Stroke Foundation of Canada
Christian Horizons and Menno Homes amalgamate
Counsel to Christian Horizons