This session will provide participants with a brief synopsis of the essentials of what they need to know regarding recent legal developments for not-for-profit and charitable organizations over the last 12 months from the perspective of fundraising professionals. The session will include a discussion on the following areas:

  • Update concerning practical implications of the Canada Not-for-profit Corporations Act
  • Update concerning practical implications of the Ontario Not-for-Profit Corporations Act, 2010
  • Changes by Canada Revenue Agency concerning the requirements for exempt status of non-profit organizations under the Income Tax Act
  • Recent legislative updates at the federal and provincial level, including anti-spam legislation
  • Recent court decisions impacting not-for-profit and charitable organizations
  • Recent updates related to the Budget
  • New Guidelines and other publications issued by Canada Revenue Agency concerning the regulation of charities under the Income Tax Act

Learning Outcomes:

  1. Understand recent changes in the law that impact both not-for-profit and charitable organizations
  2. Understand the practical implications of those changes in the law from the perspective of association executives
  3. Develop effective strategies in responding to the changes in the law in order to establish best practice approaches towards the operation of an association
  4. As a supplement to a comprehensive power point presentation that will be handed out, participants will also receive a detailed Legal Risk Management Checklist for Not-for-Profit Organizations

M. Elena Hoffstein, MA, LL.B.


Fasken Martineau DuMoulin LLP

Elena Hoffstein specializes in all areas of personal tax and estate planning, including family business succession planning, wills and trusts, corporate reorganizations, and marriage contracts.  She also specializes in charities and not for profit law. Elena also represents clients in both contentious and non-contentious estate litigation matters including will challenges, mental capacity matters, applications for advice and direction of the court and passing of fiduciary accounts. Elena has been ranked by Lexpert as one of the most frequently recommended Toronto private client and charity law practitioners and as one of the top 500 lawyers in Canada. Martindale-Hubbell has given her a rating of AV. In 2006, she received the Ontario Bar Association Award of Excellence in Trusts and Estates in recognition of her leadership and contribution to estates and trusts law. Elena is also a recipient of Lexpert's prestigious Zenith award for business law and business of law and Chambers Canada 2016, Band 1, Toronto Region. Elena articled with the firm in 1978-79 and returned in 1980 after being called to the Bar and became a partner in 1986. She is director of the Toronto office's Wealth Management and Charities practice group.