The Canadian Charity Law Podcast

The Canadian Charity Law Podcast Trailer Bonus Episode 27 Season 1

Is Your Charity Website Compliant With Canadian Law?

Is Your Charity Website Compliant With Canadian Law?Is Your Charity Website Compliant With Canadian Law?

00:00
This episode emphasizes the importance of a well-designed and legally compliant website for Canadian charities. The episode highlights crucial aspects like transparently conveying the charity's mission and activities, ensuring legal compliance in online fundraising, and avoiding conflicts of interest. It stresses the need for accurate financial reporting and discourages the promotion of unrelated commercial interests. Finally, the episode advocates for user-friendly website design to enhance the charity's online presence and attract support.

This episode is jointly sponsored by B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm exclusively serving charity and not-for-profit clients in Toronto, Ontario and across Canada with registration and governance, and B&H Charity Accounts Group, a bookkeeping firm serving Canadian charities in Ontario with all their financial and tax filing needs.

https://www.charitylawgroup.ca/
P: 416-488-5888

https://www.charityaccountingfirm.ca/
P: 289-301-8883

Creators & Guests

DJ
Producer
Dov Goldberg, J.D.
Dov Goldberg is a manager partner at B.I.G. Charity Law Group Professional Corporation, a Charity Law Firm Providing Services Exclusively to Charities Across Canada

What is The Canadian Charity Law Podcast ?

Exploring the ins-and-outs of Canadian Charity Law in a way that can be understood by the layperson, including Charity Registration, Not-for-Profit Incorporation, Charity Governance, Charity Fundraising, Tax Receipting, and much more!

David:

Alright. So today, we're diving into something that might not be the most glamorous part of running a charity.

Sarah:

Mhmm.

David:

But it's absolutely essential, website compliance.

Sarah:

Oh, yeah. For sure.

David:

We're gonna be cracking open an article called creating a compliant charity website.

Sarah:

Okay.

David:

That's from the BIG Charity Law Group.

Sarah:

Right.

David:

They're up in Canada, so some of the specifics might be a little Canada centric. Right. But I think the general principles are universal. Right?

Sarah:

Yeah. Definitely. The core concepts apply no matter where you are.

David:

It's like a road map for making sure your website is not only, you know, looking good and attracting donors

Sarah:

Right.

David:

But also keeping the legal folks happy.

Sarah:

Absolutely. It's a balance, isn't it? You wanna inspire people, but you also have to dot your i's and cross your t's.

David:

Exactly. And, you know, I was reading this article, and it it really struck me how a charity's website can be like a like a window into the entire organization.

Sarah:

Oh, 100%. It's often the first place regulators will look.

David:

Right. It's like that saying, don't judge a book by its cover. But in this case, they kinda do judge the charity by its website.

Sarah:

They do. And, you know, it makes sense. I mean, think about it from their perspective. The website is like a public declaration of who you are, what you do, and how you do it.

David:

It's all right there for the world to see.

Sarah:

Exactly. And any inconsistencies or red flags on the website can raise serious questions about the organization as a whole. Yeah.

David:

It's like having a surprise inspection, but it's online.

Sarah:

That's a great way to put it.

David:

So let's talk about first impressions then, because the article really emphasizes that a charity's website should be so much more than just an online brochure.

Sarah:

Oh, absolutely. It's gotta be a dynamic hub

David:

Right.

Sarah:

Where visitors can actually engage with your mission. You know? It's where you build trust, where you showcase your impact, and, ultimately, where you inspire action.

David:

And to do that, they highlight some key questions that your website needs the answer, like, right off the bat.

Sarah:

Yeah. The basics.

David:

Your mission, your backstory, who you help, the programs you run, what you've achieved, and who's steering the ship.

Sarah:

Right? All the essentials. But you know what's interesting is how you present this information make all the difference in the world.

David:

Totally. Like, you could just have a bullet point list of all that stuff, but that's not gonna grab anyone. Right?

Sarah:

No way. Nobody wants to wade through a wall of text. It's gotta be engaging. It's gonna tell a story.

David:

This is what I was gonna say. It's all about storytelling. Exactly. Think about highlighting personal stories, impactful visuals. You know?

Sarah:

Humanizing it. Exactly.

David:

Visuals. You know? Humanizing

Sarah:

it. Exactly. Making it real for people.

David:

Okay. So you've got your visitor hooked with your amazing story. They understand what you're all about.

Sarah:

Mhmm.

David:

Now let's talk about the nuts and bolts. Donation.

Sarah:

Alright. The lifeblood of any charity. Right.

David:

Yeah. And these days, online fundraising is where it's at. And setting up a donate now button seems pretty straightforward.

Sarah:

It is. Thankfully, platforms like CanadaHelps and PayPal have made it incredibly easy for charities to collect donations online.

David:

But here's where I think things get tricky because it's so easy to set it up. You might fall into that set it and forget it trap. Oh, that's a dangerous trap, especially when it comes to compliance. So even though these platforms are popular, you're saying there are still compliance issues that charities need to be aware of?

Sarah:

Absolutely. You know, data security, donor privacy policies, making sure your donation process aligns with charitable giving regulations.

David:

Right.

Sarah:

And then there's the whole world of cross border donations. If you're receiving funds from outside of Canada. It can get really complicated.

David:

So it's not enough to just rely on the platform to handle all that.

Sarah:

No. Charities have to be proactive. They need to do their due diligence and understand the specific requirements for each platform they use.

David:

And if they're not sure

Sarah:

Talk to a lawyer.

David:

Talk to a lawyer. Alright.

Sarah:

Yeah. A charity lawyer can help you navigate all the nuances and make sure you're doing everything by the book.

David:

So this is where that idea of transparency that the article talks about comes in. Right?

Sarah:

Yes. Transparency is key, and it's not just about meeting the bare minimum requirements, like publishing your annual reports. It's about going above and beyond to really open up your organization to public scrutiny.

David:

So being radically transparent.

Sarah:

That's the goal, and, you know, I understand it can feel a little daunting for some organizations. Like, why would we wanna air all our dirty laundry?

David:

Right. Like, inviting everyone to look under the hood even if everything isn't perfectly polished.

Sarah:

I get it. But here's the thing. Embracing that radical transparency can actually build a ton of trust with your donors. It shows a level of confidence and integrity that speaks volumes.

David:

So it's about turning a potential weakness into a strength.

Sarah:

Exactly. Showing that you're not afraid to be open about your finances even if there are imperfections. But, of course, as the article wisely points out, you need to have your financial house in order before you go throwing open the doors.

David:

I get your ducks in a row.

Sarah:

Exactly. Make sure your records are meticulous, your filings are your filings are up to date, and any discrepancies have been addressed. You wanna be transparent, not reckless.

David:

Okay. So we've talked about storytelling. We've talked about transparency. But what about the potential pitfalls?

Sarah:

Uh-oh. The scary stuff.

David:

Yeah. What are some of the things that charities really need to be careful about on their websites? Things that might not be immediately obvious.

Sarah:

Well, the article flags one big one, commerciality.

David:

Commerciality.

Sarah:

Yeah. It's a term that trips people up. But, basically, it means any revenue generating activity on your website that doesn't directly support your charitable purpose.

David:

Okay. So that's where the lines can get blurry because, you know, a lot of charities, DO, sell things to raise money.

Sarah:

Right. And sometimes that's totally fine. Like, if you're a museum and you sell art prints in your gift shop

David:

That makes sense.

Sarah:

But it becomes an issue when the selling starts to overshadow the charitable purpose or when it benefits individuals rather than the organization itself.

David:

So give me an example, something that might seem harmless but could actually be a problem.

Sarah:

Okay. Imagine a charity dedicated to environmental conservation. They've got a beautiful website with stunning photos of wildlife, and they decide to sell prints of those photos to raise funds.

David:

Sounds great. I'd buy one.

Sarah:

Right. But here's the catch. What if those prints are being sold at a huge markup and the profits are primarily going to a for profit company owned by a board member?

David:

Oh, I see where you're going with this.

Sarah:

Suddenly, it's not so clear cut anymore. Right? It starts to look more like a commercial venture than charitable fundraising.

David:

And then that's where those red flags go up for the regulators.

Sarah:

Exactly. And, you know, it's not always intentional. Sometimes it's just a a lack of awareness or a a misunderstanding of the rules.

David:

So how do you avoid falling into that trap? Because acknowledging sponsors on your website is considered good practice. Right?

Sarah:

It is. Absolutely. You wanna show that you have support from the community, but there's a fine line between expressing gratitude and engaging in what the regulators might see as a quid pro quo deal or straight up advertising.

David:

Yeah. So transparency is important there too.

Sarah:

Definitely. Be clear about your relationships with sponsors. Make sure any partnerships are genuinely aligned with your mission, and benefit your beneficiaries.

David:

So it's about being mindful of the optics, making sure that everything on your website reinforces your charitable purpose and avoids even the appearance of impropriety.

Sarah:

You got it. It's all about building trust and maintaining that public confidence.

David:

And speaking of trust, this whole issue of commerciality can actually reveal some deeper challenges within an organization. Right? Like, it's a symptom of a bigger problem.

Sarah:

Yeah. It's like the tip of the iceberg. If a charity is struggling with commerciality on their website, It could be a sign that they haven't clearly defined their boundaries or that there's a disconnect between their online activities and their core mission.

David:

So the website becomes a kind of diagnostic tool. Exactly. A way to identify potential red flags that might warrant a deeper dive into the organization's operations as a whole.

Sarah:

That's a brilliant way to put it. And that's why if you're feeling unsure about any aspect of your website's compliance, it's always a good idea to seek expert legal advice. A charity lawyer can help you navigate all the nuances of these regulations and ensure that your online presence is both engaging a n d legally sound.

David:

It's like having a guide to the compliance jungle, someone who knows the terrain and can help you avoid the pitfalls.

Sarah:

Exactly. And, you know, the good news is resources like this article we're talking about, they exist to help charities get

David:

right. They do. And speaking of which, this article actually includes links to some really helpful related topics on the BIG Charity Law Group website.

Sarah:

So That's fantastic.

David:

We'll be sure to include those in the show notes.

Sarah:

Perfect. Because knowledge is power. Right? Yeah. Especially when it comes to running a successful and sustainable charity.

David:

Absolutely. Alright. So we've covered a lot of ground here. Storytelling, transparency, navigating that tricky curtiality issue. But there's one more area the article highlights that I think is often overlooked.

Sarah:

What's that?

David:

Website design.

Sarah:

Yes. The aesthetics, but it's more than just aesthetics, isn't it?

David:

Well, that's what I wanted to talk about because, you know, it's easy to dismiss design as just being superficial, but I think it plays a much bigger role than we realize.

Sarah:

I agree. A poorly designed website can reflect poorly on an organization's perceived capabilities. It's like showing up to a fundraising gala in sweatpants.

David:

Or, you know, having a typo written brochure.

Sarah:

Exactly. It undermines your credibility.

David:

Yeah. No matter how passionate you are about your cause, first impressions matter. And in the digital world, your website, IS, your first impression.

Sarah:

Right. And it needs to be visually appealing, easy to navigate, and reflect the professionalism and credibility of your organization. Think about it. Have you ever landed on a website and immediately gotten a bad feeling just from the way it looks?

David:

Oh, all the time.

Sarah:

Right. It makes you question whether they know what they're doing.

David:

Exactly. And that's the last thing you want when you're trying to build trust with potential donors.

Sarah:

The good news is you don't have to be a coding whiz to create a professional looking website.

David:

No. There are so many user friendly platforms out there these days like WordPress, Squarespace, Wix. You can build a stunning website with no coding experience whatsoever.

Sarah:

And if your budget allows, you can always hire a professional web designer.

David:

Right. Outsource it.

Sarah:

Exactly. But the point is good design is an investment, not an expense. It's about presenting your organization in the best possible light and making it easy for people to connect with your mission.

David:

So it sounds like we've got a lot to consider when it comes to creating a compliant charity website.

Sarah:

We do.

David:

Tell a compelling story, be transparent, steer clear of those commercial pitfalls. Mhmm. Make sure the whole thing looks professional and trustworthy.

Sarah:

It's a tall order.

David:

It is. But you know what's really interesting to me is how all of these elements are actually interconnected. They all work together to create a website that not only meets the legal requirements, but also truly resonates with your audience.

Sarah:

Oh, 100%. It's not just about checking boxes. It's about creating a cohesive experience.

David:

Right. So how does that work in practice?

Sarah:

Well, think about it this way. A well designed website can actually make it easier to be transparent if your website is easy to navigate. People are more likely to find the information they're looking for, whether it's your financial reports or your impact stories.

David:

So transparency isn't just about making the information available. It's about making it accessible and easy to understand.

Sarah:

Exactly. And a website that tells your story effectively can help you avoid issues with commerciality. If people clearly understand your mission and what you do, they're less likely to be suspicious of your activities even if they involve generating revenue.

David:

It all comes back to building trust.

Sarah:

Absolutely. Trust is the foundation of everything.

David:

And that's what makes this whole topic so fascinating. It's not just about the legalities. It's about crafting a website that really reflects the heart and soul of your organization.

Sarah:

Yes. It's your digital storefront. It's gotta have personality.

David:

A website that inspires people to get involved and make a difference.

Sarah:

That's the goal.

David:

And I think that's a perfect segue into the next part of our conversation because beyond all the legal and technical aspects, we need to remember the human element of a charity website.

Sarah:

Yes. Exactly. The human connection.

David:

And that's what we'll explore in more detail next time. We'll delve into the emotional impact of a charity website Yeah. And how to create a truly meaningful connection with your audience.

Sarah:

I can't wait to dive into that. It's gonna be great.

David:

So we laid the groundwork talking about storytelling, transparency, commerciality, those tricky issues. But I wanna circle back to something you said earlier about a website acting kinda like a diagnostic tool.

Sarah:

Oh, yeah. Like a canary in the coal mine.

David:

Right. Unpack that a little bit. Like, what kind of issues are we talking about here?

Sarah:

Well, let's say you go to a charity's website, and it's just plastered with ads or they're pushing some for profit thing tied to a board member.

David:

Red flag. Right.

Sarah:

Huge red flag. Makes you wonder if they're really all about the charitable purpose. You know?

David:

Exactly.

Sarah:

But it could also mean deeper down, there's problems with how the whole organization is run.

David:

Governance issues.

Sarah:

Right. Like, maybe the board isn't keeping a close enough eye on things, or they don't have strong rules about conflicts of interest.

David:

So it's not just fix the website. It's fix the thinking that led to the website being that way.

Sarah:

A 100%. And that's where getting advice from a lawyer who knows charities can be so helpful.

David:

More than just a website tune up.

Sarah:

Oh, yeah. Way more. A good lawyer, they won't just tell you how to change the words on your site. They'll help you spot those deeper problems that might be putting the whole organization at risk.

David:

Like a full checkup, not just a Band Aid.

Sarah:

Perfect analogy. Because it really is about looking at the whole picture when it comes to compliance. It's not just the website. It's making sure everything you do is ethical, transparent, you know, built to last.

David:

So someone's listening to this, and they're getting kinda overwhelmed. Like, oh, man. My website needs so much work. What's step 1?

Sarah:

1st step, breathe. Don't panic. Right? It's a lot to take in. I get that.

Sarah:

But the article's a great starting point. It lays things out really clearly. And like we said, talking to a lawyer never hurts. They can give you advice tailored to your situation.

David:

Because every charity is a little different.

Sarah:

Exactly. And don't forget, compliance isn't just about avoiding trouble. It's about making sure you can keep doing the good work for the long

David:

haul. That's a great point. It's like you wanna play the game right so you can stay in the game, so to speak.

Sarah:

Exactly. Alright. So we've got storytelling. We've got transparency. We gotta steer clear of commerciality and make the website look sharp and trustworthy.

Sarah:

What, Ellie, makes a charity website really effective stand out from the crowd?

David:

Oh, good question. I feel like it's almost the same things that make a good charity, full stop.

Sarah:

I think you're right. Being authentic, having a clear mission, those things matter online just as much as offline.

David:

So you're building a site from scratch. Legal still is taking care of your story is amazing. How do you actually make that emotional connection we talked about in the design?

Sarah:

Ditch the jargon for one thing. Too many websites are like reading a textbook. Nobody connects to that.

David:

Like, trying to explain your whole mission to someone at a party using only academic terms?

Sarah:

Hilarious. But, yeah, that's what it's like. Keep it simple. Keep it human. Yeah.

Sarah:

And show some personality, warmth, maybe even a little humor.

David:

I'm imagining, like, big photos that kinda really pull you in. You feel like you're right there with the people they're helping.

Sarah:

Exactly. And don't just use still photos, videos, maybe some kind of infographic, things that get people's attention, you know.

David:

And make it interactive. Quizzes, polls, even, like, a virtual tour of what you do.

Sarah:

The more senses you can engage, the more they'll remember you.

David:

And we can't forget about accessibility. Making the site work for people with disabilities that shows you're walking the walk, not just talking the talk.

Sarah:

For sure, every little detail should reflect who you are as a charity.

David:

So creating a website that's both compliant a and d impactful is doable. It takes planning, attention to detail, and a lot of heart.

Sarah:

You got it. And remember, you don't have to go it alone. There are people out there who can help, web designers, lawyers.

David:

If you're stuck, reach out to someone. There are specialists who work with nonprofits all the time, like BIG Charity Law Group. Those guys are great.

Sarah:

Yeah. Their website's a gold mine of information.

David:

And they really care about helping charities succeed.

Sarah:

That's what it's all about.

David:

But and this is important, I think. This learning process never really ends, does it?

Sarah:

Nope. The Internet's always changing.

David:

So you gotta stay curious, stay informed, keep tweaking that website.

Sarah:

Exactly. Alright. I think we've covered a lot of ground here.

David:

We have. And the BIG Charity Law Group article has links to even more resources. So listener will include those in the show notes.

Sarah:

Awesome. Because the more you know, the better equipped you are.

David:

Right. Right. 100%. Knowledge is power, especially when you're dealing with something as important as charity.

Sarah:

You're dealing with people's stress, their hard earned money.

David:

Mhmm.

Sarah:

Gotta handle that with a lot of care.

David:

So we're wrapping up this deep dive into websites, but I wanna leave our listeners with one final thought.

Sarah:

Alright. Fire away.

David:

We talked about the rules, the tech stuff, but let's not forget the human side of things.

Sarah:

It's what it's all about, really.

David:

So here's my challenge to everyone listening. Think about the feeling you want people to have when they visit your website.

Sarah:

Yeah. How do you want them to feel?

David:

What kind of connection do you wanna create? Because at the end of the day, it's that emotional connection that makes people donate, volunteer, spread the word.

Sarah:

It's gotta move their hearts, not just their minds.

David:

Beautifully put. And I think that's a perfect place to stop for today.

Sarah:

I agree.

David:

You know, it's funny. We've been so focused on the website itself, but it occurs to me what makes a good charity website isn't really that different from what makes a good charity, period.

Sarah:

You're absolutely right. All those things we talked about, transparency, being genuine, having a strong mission, those are important whether you're online or are out there in the real world. World.

David:

So let's say you're starting from scratch, building a website, legal stuff's all checked off, your story's amazing. How do you actually translate that emotional connection into the design, the look and feel of the site?

Sarah:

First thing, ditch the jargon. So many charity websites, they use all this technical language insider terms. It's like they're talking to themselves, not to regular people.

David:

It's like you wouldn't explain your whole life's work to someone at a party using only academic terms.

Sarah:

Exactly. You gotta keep it simple, keep it human, and show some personality too. You know? A little warmth, maybe even a touch of humor goes a long way.

David:

I'm picturing, like, those websites with big, powerful photos, the kind that really suck you in make you feel like you're right there experiencing the cause firsthand.

Sarah:

Yes. Visual storytelling is so powerful. And think about adding interactive elements too, like quizzes, polls, maybe a virtual tour. The more you can engage people's senses, the more likely they are to remember you.

David:

Oh, and accessibility is huge. Making sure the site is easy for people with disabilities to use, that's not just good practice. It shows you really care about being inclusive.

Sarah:

Absolutely. Every choice you make should reflect your values.

David:

I think the takeaway for our listeners is creating a charity website that's both compliant a and d impactful, it's totally doable. Takes planning, attention to detail, and a whole lot of heart. And you don't have to

Sarah:

do it alone. There are resources and experts who can help you through the process. Totally.

David:

If you're feeling stuck, reach out to a web designer who works with nonprofits or a legal expert like the folks at BIG Charity Law Group. Their website is packed with info.

Sarah:

And they really wanna see charities succeed.

David:

But and this is key. This learning never really stops.

Sarah:

Yep. The online world is always changing.

David:

So gotta stay curious, gotta stay informed to keep making that website better.

Sarah:

Exactly. Well, I think we've covered a lot of ground today.

David:

We have. And listener, if you wanna learn even more, we'll link to some extra resources from the BIG Charity Law Group in our show notes.

Sarah:

Great idea because the more you know, the better equipped you'll be.

David:

Building a great charity website, it's not just about ticking boxes. It's about building connections, inspiring action, making the world a better place.

Sarah:

Thanks for joining us on this deep dive.