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Grantmaking

There are approximately 86,000 registered charities in Canada, with vast differences between them in terms of size, volunteer vs. professional staff, areas of work, reputation, governance, accountability, compliance, and transparency.

In Canada, we have a “buyer beware” charity system with very limited transparency and regulatory oversight. Moreover, with an influx of new charities every year, and turnover at existing charities of staff, boards, and membership, the sector changes at a rapid pace. Due diligence in grantmaking is important and the lack of transparency in the non-profit and charity sector makes it harder for some foundations and individual donors to make gifts and grants with confidence.

Over the last 15 years, our firm has developed many resources to assist funders in their giving and to bring more transparency to the charity sector, including:

  • our SmartGiving.ca website – provides information to donors and grantmakers on due diligence and gifts to charities;
  • our CharityData.ca portal – the largest portal of data in Canada on the Canadian charity system, with information on all Canadian registered charities dating back 19 years;
  • our CanadianCharityLaw.ca website – includes over 2,600 blogs, including many relating to transparency, grantmaking, due diligence, compliance, and governance; and
  • our collection of extensive Access to Information and Privacy requests on the charitable sector, and publication of hundreds of CRA letters regarding problematic charities that have been revoked as a result of a CRA audit.

At Blumbergs, our lawyers and consultants have extensive experience in reviewing charities and their operations.  Mark Blumberg has worked on compliance issues in the charity sector for almost 30 years.

In addition, over the last two decades, our firm has worked with many large charities, philanthropists, foundations, and government departments to assist with due diligence on non-profits and charities.

Areas that we can assist within the grantmaking space include:

  • Development of internal grantmaking policies;
  • Changes to governing documents to allow for greater flexibility in grantmaking;
  • Governance and approvals processes;
  • Board and staff education on compliance requirements and grantmaking
  • Due diligence on grantees (whether qualified donees or non-qualified donees) including reviewing T3010 annual forms and financial statements;
  • Reviewing grant application processes;
  • Negotiations relating to gifts;
  • Preparing and modifying gift agreements and template gift agreements;
  • Preparing grant agreements with non-qualified donees (such as non-profits or foreign charities) and other measures of control that need to be in place;
  • Establishing a reporting framework for grantees;
  • Investment and payout issues;
  • Advising on system requirements for maintaining books and records; and
  • General compliance issues relating to the operation of registered charities.

We work with our clients to understand issues that are of importance to them and to establish an appropriate due diligence model. Different clients have varying sensitivities to different issues – including legal, practical, and reputational issues. We also try to work out a budget that is appropriate for the needs of the client. In some cases, our clients have significant staff or resources that they can use, and our role is more to assist them with the due diligence model and to evaluate certain issues that may arise out of their own due diligence. In other cases, where clients have minimal staff, we can assist them with the whole grantmaking process.

If you wish to retain our law firm to assist your charity or foundation with grantmaking, you can contact us.

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How much did the largest Canadian private foundations spend in 2022?

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Grant to Grantees and the New T3010

As many of you already know, in June 2022, the Income Tax Act was amended to include a new way for registered charities to work with non-qualified donees: making a grant to grantee organizations. The grant to grantee organizations are considered…

New CRA Guidance on Grants to Grantees: Some preliminary comments

CRA has recently released new CRA Guidance on qualifying disbursements but specifically focussed on grants to grantees.  This article “New CRA Guidance on Grants to Grantees – some preliminary comments” is an initial and preliminary note on the CRA Guidance.…