Charitable Donations

Charitable Donations

Policy Section: Board of Directors

Policy Subsection: Audit, Finance and Risk

Policy Title: Charitable Donations

Policy Statement

Charitable donations to Swimming Canada will be collected in accordance with applicable law and disbursed to promote the goals and programs of Swimming Canada.

Purpose

This policy is to ensure legal and effective uses of charitable donations and the legal requirements related to charitable receipts.

The Minister may propose to revoke the registration of a Registered Canadian Amateur Athletic Association where the Association accepts a gift or donation, the granting of which was expressly or implicitely conditional on the Association making a gift or donation to another person, club, society or Association.

Application

The National Association (Swimming Canada) and the Provincial Member Associations (Affiliates) shall be jointly and severally responsible to ensure that the Donation Program in the respective province is in compliance with the Income Tax Act.

The National Association shall have the right to perform periodic audits of the donations program of each Provincial Member Association.

The Board of Directors of Swimming/Natation Canada may revoke the authority of any Provincial Affiliate to issue tax receipts if in the opinion of the Board, the Provincial Member fails to comply with the procedures and the spirit of the policy.

In order to qualify as a tax deductible donation, a transfer of property, (including payment

of money by cash or cheque), must meet the following conditions:

a)      Some property – usually cash – is transferred to the Registered Charity. (Contributions of service; i.e. volunteers’ time, legal work etc., do not qualify.)

b)      The transfer must be voluntary. No legal obligation on the part of the payer (donor) must exist. The gift must be made to the Association, without any implied or express condition or understanding that it be transferred to a local club or other named beneficiary. Any portion of funds to be returned to a local club MUST NOT form part of an expectation or direction for funds, by the donor.

c)      The transfer must be made without expectation of return. No valuable consideration or benefit of any kind to the donor or to anyone designated by the donor may result from the payment.

Responsibility
Body Action
CEO Responsible for the allocation of charitable donations as directed by the Board from time to time, the legal and timely disbursement of charitable donations, the appropriate reporting required by law and an annual report to the Board of Directors regarding the activity and results.
Limitations

The CEO, on behalf of Swimming Canada cannot accept a donation of $25,000 or greater without the approval of the Board of Directors.

Swimming Canada and its Affiliates will not accept Charitable Donation from tobacco companies.

References
Review and Approval

Approved:                        July 29, 2008

Review and Approval:     June 2, 2009
May 19, 2011
June 26, 2012