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CRA ATIP Disclosure on Registered Charities and the Abortion Issue

In a recent copy of an access to information package that I requested, there is some discussion in CRA documents of proposed responses relating to the Liberal party platform’s commitment to not provide charitable status to anti-abortion groups. It is a very large document so we have divided it into 2 parts (Part 1 and Part 2). We have previously discussed the charity and abortion issue here and here.

When I requested a copy of the access to information material, I did not know who requested it. However, I noticed this article by Annie Burns-Piper for the Tyee entitled “Liberals Vowed to End Charity Status for ‘Dishonest’ Anti-Abortion Groups. They Haven’t” and they identified that they had put in the access to information request. Always good to know who is asking for what.

Some of the highlights include charts from CRA which track the various political parties and their commitments that may impact on the work of CRA.

Here are some interesting pieces out of the 938 pages:

On Pg 219, here is an overview of the Liberal promises:

Comments on platform commitment regarding anti-abortion organizations
• The 2021 Liberal Party platform included a commitment to:
No longer provide charity status to anti-abortion organizations (for example, Crisis Pregnancy Centres) that provide dishonest counseling to women about their rights and about the options
available to them at all steps of the pregnancy.

Here is a proposed response from CRA on Pg 105 that was probably not used and is far more in-depth than what you typically get from CRA:

Proposed response
The confidentiality provisions of the Income Tax Act prevent the Canada Revenue Agency (CRA) from commenting on specific cases. However, we can provide you with the following information. The CRA can only determine whether an activity of a charity is acceptable after it has fully considered the facts of a particular case based on common law. According to the common law, the promotion of health can be charitable. To be charitable, a purpose that promotes health must, as a general rule, directly prevent or relieve a physical or mental health condition by providing effective health care services or products to the public in a manner that meets applicable quality and safety requirements. For more information, see Guidance CG-021, Promotion of health and charitable registration.

If the CRA identifies that a charity is not complying with the requirements of the Act, the charity could be subject to a number of compliance actions, up to and including revocation. We encourage the public to report suspected non-compliance by registered charities to the National Leads Centre.

Note that the CRA cannot provide any feedback and/or update on leads received, or subsequent actions taken. CRA’s actions can only made public when they result in a
charity being:
•revoked
•annulled
•suspended

The CRA posts such cases in its List of charities. This provides transparency to Canadians regarding the decisions of the CRA with respect to charities.

On Page 106, here is a proposed response which is more typical of what you get from CRA:

[New] The Canada Revenue Agency (CRA) administers the legislative provisions under the Income Tax Act. However, any legislative changes to the Act are the responsibility
of the Department of Finance Canada. As a result, the CRA cannot comment on any potential legislative changes.

At various points including on Page 491 the CRA analyses the election platforms of the various parties.

Subject: Electoral platform commitment tracking/Suivi des engagements des plateformes electorates

The Service, Innovation and Integration Branch (SIIB) is monitoring the 2021 federal election and tracking political party commitments relevant to the Canada Revenue Agency (CRA). SIIB has compiled these platform commitments into the attached document for your information and reference.

We intend to update this document on a weekly basis, highlighting changes from week to week.