What the CBA Charity Law Conference Taught Me About the Future of Giving

May 2, 2025 | Claudio Klaus

When I first signed up for the CBA Charity Law Conference, I expected to learn a few technical updates and maybe connect with others working in the sector. What I did not expect was to walk away thinking differently about forests, international partnerships, and the power of law to shape how we care for people and the planet.

The event brought together lawyers, advisors, and nonprofit professionals from across Canada to explore some of the most important legal topics affecting charities today. These are a few insights that stayed with me.

Conservation Finance Is Not Just for Environmentalists

One of the sessions that surprised me the most was on conservation finance. I had heard the term before, but this was the first time I truly understood what it meant. It is not just about protecting green spaces. It is about using smart financial tools to make nature protection sustainable and long-term.

Take Environmental Impact Bonds (EIBs), for example. These are investments where repayment is linked to real environmental outcomes like carbon reduction or restoring biodiversity. A great example shared was the Deshkan Ziibi Conservation Impact Bond, which brings together Indigenous communities, environmental groups, and investors to support conservation in Southwestern Ontario.

We also learned about the Darkwoods Forest Project, where a large conservation area is funded through the sale of carbon credits. The money supports ongoing stewardship while allowing businesses to reduce their carbon footprint. These stories showed me that finance, law, and environmental work can come together in really powerful ways.

Investment Powers and the Need for Caution

Another session focused on the legal responsibilities of charities when managing their investments. It might not sound exciting at first, but the stakes are high. Missteps can put a charity’s reputation and resources at risk.

In Ontario, charities can invest in things like mutual funds and even delegate those decisions to professionals. But they must have a clear investment plan, a written agency agreement, and ongoing oversight to stay within the law.

We also talked about social investments, which aim to support a charity’s mission while earning a modest return. This kind of dual-purpose investing is allowed, but only if it aligns with the charity’s goals and trust obligations. It reminded me that doing good with money still requires strong governance and smart planning.

The Challenges of Working Across Borders

With more charities expanding their reach globally, it was helpful to hear how Canadian organizations are navigating international work. The rules have changed. Charities are no longer required to directly control foreign activities. Instead, they can make qualifying disbursements to international partners.

That said, the new approach comes with its own risks. You still need to show clear oversight and documentation. The panel warned us about the added complexity of working with partners in high-risk regions or religious organizations. Legal advice is not optional in these cases. It is a must.

Disbursement Quotas Are Getting More Attention

We also looked at disbursement quotas, the minimum amount a charity must spend each year on charitable activities. For charities with over $1 million in assets, the current threshold is 5.1 percent.

This is more than just a number, it affects how charities plan their budgets and demonstrate impact. The CRA expects accurate reporting, based on fair market value, not just the book value of assets. It was a good reminder that even well-intentioned charities need to pay close attention to compliance.

What the CRA Is Watching

The final speaker, Sharmila Khare from the CRA, gave us a clear picture of where things are headed. The agency is working to reduce paperwork and update its digital systems. But it is also paying close attention to warning signs like aggressive tax planning or misuse of charitable status.

She encouraged more transparency and risk awareness, especially as the sector grows more complex. That message echoed through the rest of the day: innovation is welcome, but it has to be done responsibly.

Why This Matters

As someone studying and working in public interest law, I found this conference to be more than just informative. It was energizing. I saw how legal structures can either support or slow down the work charities are trying to do. I saw how a good policy, paired with clear guidance, can unlock new opportunities for impact.

Charity law is not static. It is evolving. If you are a law student, nonprofit leader, or lawyer working with the sector, I highly recommend joining next year’s conference. These are the kinds of conversations that shape the future of giving.

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