Charities, Abortions and Reproductive Counselling

Evelyn Jacks

New legislation introduced on October 29 will require a registered charity that provides reproductive health services to disclose if, at a minimum, it does not provide the contact information for an abortion services provider and a birth control service provider.   The new tax rules will apply 90 days after Royal Assent and information disclosure requirements will apply starting in the 2025 taxation year.  Here’s what you need to know:

The Backdrop.  The proposed legislation wishes to address concerns that some registered charities that offer reproductive health services may be anti-choice organizations that push women away from accessing the reproductive care of their choice thereby restricting the rights to choose the reproductive care that’s right for their circumstances.

The Tax Changes.  According to the news release, the federal government intends to introduce legislation to amend the Income Tax Act and Income Tax Regulations to require registered charities that provide services, advice, or information in respect of the prevention, preservation, or termination of pregnancy to disclose where they do not provide specific services, including abortions or birth control.  There are several required disclosures; failing which the charitable status will be revoked.

1. any form of public communication that advertises these services.
2. disclosure onannual information return, which is publicly available on the website of the Canada Revenue Agency.

Further the government wants the charity providing reproductive counselling services to disclose if:

• does not provide abortion services
• does not provide information on how to obtain such services
• does not provide the contact information for a provider of such services
• does not provide birth control services or a range of birth control services
• does not provide information on how to obtain a range of birth control services
• does not provide the contact information for a provider of a range of birth control services or providers that collectively provide such a range of services.

For more information on working with charities, donors and strategic philanthropic plans consider the MFA-P designation program.

It provides a way for every advisor to take on a very unique role in initiating conversations about strategic giving, how to do so with more intentionality and how to identify the stakeholders to a strategic giving plan that is aligned across generations, if required, and multiple professional services providers:  financial advisors, accountants, lawyers as well as the charity itself.

The first MFA-P Symposium is being held in Toronto on October 30 to network and discuss ways MFA-Ps and prospective MFA-Ps can more confidently provide a service clients really want and need, bridge discussions to retirement and estate planning  and build new relationships with one another as well.