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Glossary:

  • Board Terms of Reference - Standard A17 Explained

    Definition: Board Terms of Reference1
    A document approved by the board that specifies the stewardship responsibilities of the board of directors and their accountabilities to the organization’s members and stakeholders.

    Why are terms of reference important? Board and committee terms of reference describe the purpose and operating structure of a nonprofit or charitable organization’s board of directors. By setting clear expectations, terms of reference guide behaviour and provide a framework for board decision-making. Terms of reference should be written in clear, concise language so that they are easy to understand and follow.2 Board terms of reference should describe the purpose of the group and outline board members’ responsibilities.

    The scope of responsibilities included in the board terms of reference (sometimes called ‘mandate’ or ‘job description’) usually includes:1

    • setting the strategic direction (approving strategies and goals),
    • managing the most senior staff person,
    • monitoring the organization’s performance (overseeing the conduct of the business of the organization),
    • overseeing risk management,
    • approving policies appropriate for the business of the organization, and,
    • establishing procedures for good governance.

    Committee terms of reference should include:1

    • The name of the committee
    • The committee’s purpose
    • Important duties and responsibilities
    • The committee’s composition and roles
    • Meeting details
    • Resources, including financial resources and staff support
    • Annual objectives
    • Reporting details
    • Process for review and evaluation of the committee
    • Approval date and review date of the terms of reference

    From "Accreditation Preparation Workbook Section A: Board Governance,"  Katharine Zywert, Social Prosperity Wood Buffalo at the University of Waterloo, 2013.

    1. “Standards Program Definitions,” Imagine Canada, May 2011.
    2. “Board Development: Committees,” Board Development Program, Voluntary Sector Services Branch, Alberta Culture and Community Spirit, 2009.
  • Tax shelter

    Generally, a tax shelter is any arrangement where the tax benefits equal or exceed the net cost of entering into the arrangement.

  • Accountability

    The responsibility of a foundation/organization to publicly disclose information on their activities, particularly justification for financial activities and the decisions surrounding them. (Philanthropic Foundations Canada)

  • Accrual

    Accrual accounting is the method of recording transactions, where revenues and expenses show in the results for the period in which they were earned and/or incurred, whether or not cash has changed hands for the transaction.

  • The purchase of goods or services from a charity

    The purchase of goods or services from a charity is a commercial transaction, not a gift, and is therefore not eligible for a tax receipt. In certain circumstances, however (for example, when the purchaser pays more than the fair market value of the goods or services with the intention that the overpayment be donated to the charity), a receipt can be issued for that part of the payment that represents a donation (see Split Receipting)

    Example 1: A person buys a book worth $30 from a charity and pays the charity $30 for it. This is a commercial transaction, not a gift. Therefore no receipt can be issued.

    Example 2: A person buys a book worth $30 from a charity but gives the charity a cheque for $50. Part of the payment ($30) represents an advantage to the donor (that is, the book), and the rest ($20) represents a donation. Therefore a receipt can be issued for $20 – the difference between the cash received by the charity and the advantage obtained by the person (see Split Receipting for limitations on issuing receipts in such cases).

  • Charitable activity

    A charitable activity is an activity carried out by a registered charity to further its mission.

  • Connected activity

    An activity that relates to and supports a charity's purpose and is a reasonable way to achieve it.

  • Subordinate activities

    Activities are subordinate if they that are subservient to a charity's charitable purpose or are a minor focus of the charity in relation to its entire program of activities.

  • Partisan political activities

    Political activities are partisan if they directly or indirectly support or oppose a political party or candidate for public office.

  • Adjusted cost base

    Generally, the adjusted cost base is the amount originally paid for a property, plus the costs (such as legal fees or surveys) associated with the purchase, plus the cost of any improvements to the property.

  • Directors/trustees

    Directors and trustees are persons who make up the registered charity's elected or appointed governing body. This generally means persons who hold positions identified in the registered charity's governing documents, such as chair, treasurer, secretary, or past president. The registered charity's governing board includes all its directors and trustees.

    (CRA : Charities Glossary)

  • Advantage

    An advantage is the total fair market value of all property, services, compensation, or other benefits that a donor receives or is entitled to receive in return for making a gift. The benefits may be contingent or receivable in the future, by either the donor or any person or partnership not dealing at arm's length with the donor.

    Determining the fair market value of an advantage is similar to determining the fair market value of a gift in kind. However, while only property is a gift in kind, all types of advantage (for example services, accommodation, use of property) must be valued.

    An advantage also includes any limited-recourse debt in respect of the gift. However, the calculation of an advantage does not include taxes such as GST, PST, or HST. As well, it does not include gratuities, unless they are included in the cost and are not discretionary.
    For more information, see Pamphlet P113, Gifts and Income Tax.

    (CRA : Charities Glossary)

  • Advocacy

    The act or process of defending or maintaining a cause or proposal. An organization may have advocacy as its mission (or part of its mission) to increase public awareness of a particular issue or set of issues. (from enVision.ca)

  • Allocating indirect costs

    Example Ways of allocating the cost
    A charity's newsletter promotes an event The newsletter's cost could be allocated based on ...
    • the number of pages used to promote the event compared to the total number of newsletter pages (for example, if a charity publishes an eight-page newsletter each month and uses one page to promote an event, then one-eighth of the cost of the newsletter could be recorded under“event promotion”), or
    • the number of words in the promotion compared to the total number of words in the newsletter, or
    • the staff time spent to write the promotion compared to the total staff time to write the newsletter.
    The charity's telephone system is used by staff to provide counselling services The phone system's cost could be allocated based on ...
    • the number of staff providing counselling compared to the total number of staff (for example,if a charity has ten staff members and two of them provide counselling services, then one-fifth of the cost of the phone bill could be recorded under “counselling services”), or
    • the staff time spent on counselling compared to the total staff time, or
    • the floor space of counsellors' offices compared to the charity's total floor space
    The executive director travels across the country, teaching education programs, visiting funders, and meeting with regional managers. The executive director’s travel cost could be allocated based on ...
    • the time the executive director spent on each activity (for example, if the executive director is away for three days and spends one day teaching, one day meeting with funders, and one day meeting with regional managers, then one-third of the cost of the travel bill could recorded under each of these activities), or
    • the direct costs incurred by each activity (for example, if the total direct costs of the education program were $30,000, fundraising direct costs were $5,000, and regional managers’ salary direct costs were $65,000, then education would be charged 30% of the travel, fundraising 5%, and the regions 65%). or
    • the revenue associated with each activity (for example, if the education program generated $50,000 in revenue, fundraising $75,000, and the regions $375,000, then education would be charged 10%, fundraising 15%, and the regions 75%).
    A laboratory is used sometimes by several researchers and is sometimes rented out to other organizations. The laboratory's cost could be allocated based on ...
    • the amount of time the lab is used in each of the activities (for example, if researchers from three different programs in the charity each use the lab one day a week, with the other two days rented out, one-fifth of the cost of maintaining the lab can be recorded under each of the three program areas, and two-fifths recorded as a cost of earning rental income), or
    • the number of researchers involved in each activity, or
    • the direct costs incurred for each activity (for example, if the lab's direct costs were $5,000 for program A, $25,000 for program B, $25,000 for program C, and $45,000 for the times when the lab is rented out, then 5% would be recorded for program A, 25% for B, 25% for C, and 45% as a cost of earning rental income).
  • Arm's length

    The term "at arm's length" describes a relationship where persons act independently of each other or who are not related. The term "not at arm's length" means persons acting in concert without separate interests or who are related.

    Related persons are individuals who are related to each other by blood, marriage or common law partnership, or adoption. Examples of blood relatives include grandparents, parents, brothers, sisters, and children. Examples of persons related by spousal relationship include the grandparents of a spouse, the parents of a spouse, the brothers and sisters of a spouse, the spouse of a child, and the spouse of a grandchild. Generally, in determining arm's length relationships, common law partners are treated in the same way as legally married spouses. Adopted children are treated in the same way as blood-related children.

    Related persons also include individuals or groups and the corporations in which they have a controlling interest. Persons related to these individuals or groups are also considered related to those corporations.

    For more information on arm's length, see Interpretation Bulletin IT-419, Meaning of Arm's Length.

    (CRA : Charities Glossary)

  • Artworks donated by the artist

    Artworks that are donated by the person who created them.

    Examples: Paintings, sculptures, jewellery, etc., produced by the artist. Artworks or cultural property donated by the artist are considered to be donated from the artist’s inventory. Inventory is normally valued at fair market value.

    In this case, the charity issues the tax receipt for the fair market value. However, the artist can choose to report a lower value for his or her tax purposes, if the cost of creating the property is less than fair market value. In this case, the value must be:

    • no less than the cost of the property to the donor; 
    • no less than the value of any advantage; 
    • and no more than fair market value.

    This rule lets artists choose how much income they recognize for tax purposes on the donation of the artwork.

    For further information see CRA's IT-504.

  • Associated charities

    Associated charities are two or more registered charities that have applied for and received this designation from us. Associated charities can pass funds among themselves without being affected by the usual limitation placed on gift making by charitable organizations.

    The Income Tax Act generally requires that charitable organizations spend no more than half their income as gifts to qualified donees, otherwise they will be re-designated as public foundations.

    For more information, see Asking for associated status.

    (CRA : Charities Glossary)

  • Advantage

    An advantage is the total fair market value of all property, services, compensation, or other benefits that a donor receives or is entitled to receive in return for making a gift. The benefits may be contingent or receivable in the future, by either the donor or any person or partnership not dealing at arm's length with the donor.

    Determining the fair market value of an advantage is similar to determining the fair market value of a gift in kind. However, while only property is a gift in kind, all types of advantage (for example services, accommodation, use of property) must be valued.

    An advantage also includes any limited-recourse debt in respect of the gift. However, the calculation of an advantage does not include taxes such as GST, PST, or HST. As well, it does not include gratuities, unless they are included in the cost and are not discretionary.
    For more information, see Pamphlet P113, Gifts and Income Tax.

    (CRA : Charities Glossary)

  • Barry Kwasniewski

    Barry Kwasniewski joined Carters' Ottawa office in October 2008 to practice in the areas of employment law, charity related litigation, and risk management. Called to the Ontario Bar in 1990, Barry has a wide range of litigation experience, including in commercial disputes, personal injury, long-term disability, employment, insurance defence, and professional liability. Barry has also been retained by various law firms to provide legal opinions pertaining to matters arising in insurance and other litigation matters.

    Born in Montreal, Barry graduated from the University of Prince Edward Island with a BBA in 1984. He studied law at McGill University and received his LL.B. in 1987. In addition to his legal experience, Barry has also been involved with a number of charitable and not-for-profit organizations. He is a volunteer lawyer at Reach Canada, an organization that assists people with disabilities with their legal problems, is on the Board of directors of the Vista Centre, an Ottawa based not-for-profit organization that provides support to persons living with the effects of acquired brain injury, and has assisted in several United Way campaigns.

  • Bequests

    A bequest is property a registered charity receives from the will of a deceased person.

    (CRA : Charities Glossary)

  • Depreciable property

    Depreciable property is a type of capital property, usually used to earn income from a business or property. It is property that is expected to decline in value, or be used over a number of years, such as vehicles, machinery, etc. The cost of this property can be "depreciated" (or "amortized") over a number of years.

  • Capital Property

    Description: Capital property includes depreciable property, and any property that, if sold, would result in a capital gain or a capital loss. Capital property does not include the trading assets of a business, such as inventory.

    Examples: The following properties are generally capital properties:

    • securities, such as stocks, bonds, and units of a mutual fund trust; and
    • equipment you use in a business or a rental operation.

    Capital property is normally valued at fair market value for tax receipt purposes. In some cases, however, the donor (not the charity) can choose a lower value. The donor can do this where their cost of the property for tax purposes (the "adjusted cost base") is less than fair market value. In this case, the donor may choose which value to use so long as it is:

    • no lower than the donor's adjusted cost base;
    • no lower than the value of any advantage; and
    • no higher than the fair market value.

    This rule lets donors choose how much capital gain (if any) they recognize for tax purposes on the donation of the capital property.

    Note: If the fair market value is less than the adjusted cost base, the donor does not have a choice: the fair market value must be used.

    For further information, see CRA's IT-288.

  • Real Property

    Description: Land, and buildings or other structures permanently attached to land.

    Examples: A family home, a cottage, or a vacant piece of land.

    The value of real property for tax receipt purposes is its fair market value. You should almost always get an appraisal or valuation from a professional real estate appraiser to support the gift.

    Real property located in Canada is not subject to the deemed fair market value rule, but property outside Canada is.

    Special case: For gifts of ecologically sensitive land, you should refer to the Canadian Ecological Gifts Program.

  • Personal use property

    Personal use property refers to items that you own primarily for the personal use or enjoyment of your family and yourself. It includes all personal and household items, such as furniture, automobiles, boats, a cottage, and other similar properties. It also includes listed personal property.

  • Listed personal property

    Description: Certain kinds of property that are intended for personal use or enjoyment and that typically increase in value over time.

    Examples: Jewellery, stamp and coin collections, and artwork.

    It is often difficult to establish a fair market value for listed personal property since many items are unique. To determine a value for these items, it is usually best to check with an appropriate dealer or to get a formal appraisal.

    If the estimated value of the property is more than $1,000, it is strongly recommended that you have the property appraised to support the value for tax receipt purposes.

    Special case: If your charity receives a gift of art or cultural property that is deemed to be of national significance and is donated by someone other than its creator, you should have it certified by the Canadian Cultural Property Export Review Board.

  • Bill Schaper

    Director, Public Policy and Community Engagement, Imagine Canada.

    In past lives Bill was a political staffer on Parliament Hill, the senior policy advisor to a federal cabinet minister, a policy analyst and GR practitioner with the Association of Universities and Colleges of Canada, an independent policy consultant, and a value for money auditor with the United Kingdom’s National Audit Office.

  • Lottery or raffle tickets

    CRA considers that donors who buy lottery or raffle tickets do so primarily because they want a chance to win the prizes that are offered and not because they want to make a donation to the charity that is holding the event. Therefore it does not allow tax receipts to be issued.

  • Gift Cards and Certificates

    Gift cards or certificates are often donated to charities and are commonly used in fundraising activities such as silent auctions.

    Tax receipts cannot be issued for a gift card or certificate if the donor is the business that issued it and if the gift card or certificate is redeemed by a third party (for example, by someone who purchased it in a silent auction). In this case, the gift card or certificate is considered only to be a promise by the business to give merchandise sometime in the future (that is, when the gift card is actually redeemed). Until then, there has been no gift of property. If the charity itself redeems the gift card or certificate for goods (not services), then a receipt may be issued, as the donor (the business) has then fulfilled its promise and transferred property to the charity.

    Tax receipts may be issued if the person who donates the gift card or certificate purchased it from the issuer and then donates it to a charity. Once purchased, the gift card or certificate is considered to be property and, if donated to a charity, is eligible for a tax receipt.

    The following table illustrates when a tax receipt may be issued in exchange for a gift card or certificate donated to a registered charity:

     

    Redeemed by ...

    Charity 3rd party

    Donated by ...

    Issuer (a business) Issue tax receipt Do not issue tax receipt
    3rd party Issue tax receipt Issue tax receipt

    Example 1: A book store donates one of its gift cards to a charity for use in its auction. Because the gift card is only considered to be a promise at the time of the donation, a tax receipt cannot be issued.

    When the card is redeemed by whoever purchased it at the auction, the charity still cannot issue a receipt. This is because the redemption transaction is between the book store and the purchaser. The charity is not involved in this transaction (and specifically does not receive any donation as part of the transaction), so no tax receipt can be issued.

    Example 2: A person buys a gift certificate for cooking classes from the cooking school and then donates it to a charity for use in its auction. The donor can receive a tax receipt for the full amount of the gift certificate because it is now considered to be property. The person who is giving the cooking classes does not get a receipt from the charity.

    See 'Gift certificates or gift cards' (CRA, 2014)

  • Brittany Fritsch

    Manager, Public Policy and Community Engagement, Imagine Canada

    Brittany FritschBrittany has developed an expertise in social innovation, particularly as it applies to Canadian charities. While at Imagine Canada, Brittany co-authored the Earned Income Framework: Mainstreaming the key concept for charities and nonprofits. She is also a Research Associate for the Carleton Centre of Community Innovation and a co-founding board member of JustChange, a micro-granting initiative in the city of Ottawa. 

  • Bylaws

    Bylaws are part of the governing documents of an organizations, and include rules about the organization's operation. Bylaws often provide the methods for the election of directors, the appointment of officers and the description of their duties, the creation of committees, and the conduct of meetings, etc.

  • Capital Property

    Description: Capital property includes depreciable property, and any property that, if sold, would result in a capital gain or a capital loss. Capital property does not include the trading assets of a business, such as inventory.

    Examples: The following properties are generally capital properties:

    • securities, such as stocks, bonds, and units of a mutual fund trust; and
    • equipment you use in a business or a rental operation.

    Capital property is normally valued at fair market value for tax receipt purposes. In some cases, however, the donor (not the charity) can choose a lower value. The donor can do this where their cost of the property for tax purposes (the "adjusted cost base") is less than fair market value. In this case, the donor may choose which value to use so long as it is:

    • no lower than the donor's adjusted cost base;
    • no lower than the value of any advantage; and
    • no higher than the fair market value.

    This rule lets donors choose how much capital gain (if any) they recognize for tax purposes on the donation of the capital property.

    Note: If the fair market value is less than the adjusted cost base, the donor does not have a choice: the fair market value must be used.

    For further information, see CRA's IT-288.

  • Charitable activity

    A charitable activity is an activity carried out by a registered charity to further its mission.

  • Charitable activity - examples

    In the following hypothetical examples, the charity is called Healthy Retirement and was formed to promote the health of seniors in Canada. It has received a lot of media attention on its recently released, well-reasoned position on the hazards for seniors of using marked crosswalks. It concludes from its findings that a senior is four times more likely to be involved in a fatal accident with a car at a marked crosswalk than at an intersection with a stop sign or a light.

    Example 1 — Distributing the charity's research

    Healthy Retirement distributes the results of its research to the media, its members, other charities that specialize in promoting the health and welfare of seniors, the general public, and anyone interested in its findings. It also publishes its report in medical association journals and on its Web site, and highlights its release in a newsletter sent to subscribers. In these cases, all the resources devoted to the research and distribution of the findings are considered resources devoted to charitable activities because:

    • the activities are connected and subordinate to the charity's purposes;
    • the activities do not contain a call to political action; and
    • the activities are based on a well-reasoned position.

    This is information that seniors can use to improve their safety and that decision-makers can use when deciding where and whether to use crosswalks or other traffic controls when considered in combination with other issues.

    Example 2 — Distributing a research report to election candidates

    Healthy Retirement decides to send its report to all candidates in a municipal election to inform them about the hazard marked crosswalks pose for seniors. This is a charitable activity because it is connected and subordinate to the charity's purpose and because no one candidate is favoured over another.

    Example 3 — Publishing a research report online

    A major finding of the report was that many motorists fail to respect the right-of-way at marked crosswalks. When Healthy Retirement publishes its report online, it highlights this fact and urges motorists to observe the law. This is still a charitable activity because it is encouraging people to respect the existing law on an issue that relates to its purposes.

    Example 4 — Presenting the research report to a Parliamentary Committee

    The research director of Healthy Retirement presents the charity's findings to a Parliamentary Committee formed to hear representations on whether there should be stiffer penalties in the Criminal Code for dangerous operation of a motor vehicle. She ends her representation with a recommendation (based on a well-reasoned position) that a driver failing to observe the pedestrian right-of-way at a marked crosswalk should be automatically subject to a charge of dangerous operation of a motor vehicle, as a deterrent.

    Even though the charity explicitly proposed a political solution to the problem, this activity is charitable because it is a communication to an elected official based on a well-reasoned position.

    Example 5 — Giving an interview about the research report

    Following her representation, as the research director of Healthy Retirement is leaving Parliament, she is stopped by the media and interviewed for television and radio about what she said and the report. She outlines her representation and repeats the conclusion that on the basis of the research the charity has done, the charity thinks that the number of pedestrian deaths involving seniors might be reduced if drivers who failed to recognize the right-of-way of pedestrians at marked crosswalks faced stiffer penalties. This interview is not a political activity because the research director did not arrange a media campaign to publicize the charity's conclusion that the law should be changed; she simply explained what she had said to the elected representatives.

    Example 6 — Distributing the research report to all Members of Parliament

    A bill is being debated in Parliament. The bill proposes a change to the Criminal Code that would allow a driver who fails to observe the pedestrian right-of-way at a marked crosswalk to be charged with dangerous operation of a motor vehicle. Healthy Retirement gives Members of the House, for use in debate, a relevant well-reasoned position regarding how such a charge might encourage drivers to uphold the law and thereby save lives. This is a charitable activity because Healthy Retirement is informing elected representatives about its work on an issue that is connected and subordinate to the charity's purposes and based on a well-reasoned position.

    Example 7 — Participating in an international policy development working group

    The research director of Healthy Retirement is asked to join a working group of the World Health Organization that is gathering together government policy makers, academics, and voluntary sector representatives from around the world to develop a charter to promote the health of senior citizens. Such an activity is connected and subordinate to the charity's purpose. Although the research director is taking part in an initiative organized by an international body, this kind of activity is considered to be like communicating with a public official because government policy-makers are also invited (whether or not they actually attend). Therefore, as long as the research director's contribution is based on a well-reasoned position, the resources of the charity devoted to developing such a charter are viewed as resources devoted to a charitable activity.

    Example 8 — Joining a government advisory panel to discuss policy changes

    A provincial government launches a Health Sector Initiative to look at ways of improving its service delivery to residents of the province. Healthy Retirement is asked to join an advisory panel with other health charities and public officials to discuss possible policy changes. Based on a well-reasoned position, Healthy Retirement suggests that the province should increase its number of long-term hospital care beds for the elderly. Although the charity is recommending a change in provincial health policy, the charity's involvement in the advisory panel is a communication to a group of public officials based on a position that is well-reasoned. Therefore, the resources devoted to the activity are resources devoted to a charitable activity.

  • Charitable organization

    • is established as a corporation, a trust, or under a constitution;
    • has exclusively charitable purposes;
    • primarily carries on its own charitable activities, but may also gift funds to other qualified donees, (e.g., registered charities);
    • more than 50% of its governing officials must be at arm's length with each other;
    • generally receives its funding from a variety of arm's length donors; and
    • its income cannot be used for the personal benefit of any of its members, shareholders, or governing officials.

    (CRA : Charities Glossary)

  • Charity Registration Number

    A charity registration number is 15-digit program account number assigned to a charity by the CRA when it is registered. A complete charity registration number has three parts: the BN (first nine digits), the program identifier (two letters), and the reference number (four digits). The registered charity program identifier is "RR". When you deal with the Charities Directorate always use the 15-digit registration number.

    (CRA : Charities Glossary)

  • Chart of accounts

    The chart of accounts is the master list of account codes (consisting of numbers and/or letters) and account names used to classify, record, budget, and report financial transactions in a general ledger.

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