Protect your organization: Canada’s Anti-spam Legislation coming July 1, 2014

Staff Post
By Anna Mathew, Knowledge Associate

CASL (Canada’s Anti-spam legislation) will become law July 1, 2014. What does this mean for your organization? It means that you can no longer send commercial email to recipients without their consent. Organizations (and individuals) who send unwanted commercial electronic messages (CEMs) are subject to serious financial penalties ($10M for organizations and $1M for individuals). Directors and officers of an organization may also be liable.

There are two types of consent: implied and express. Implied consent is based on a current business relationship (such as a customer or client), and is subject to expiry depending on the changing nature of the relationship over time. Express consent is based on the recipient of a CEM having provided explicit consent to receive the communication, typically through an online sign up. Express consent does not expire, unless the recipient unsubscribes.

The legislation covers other requirements, in addition to the issue of consent, including providing a conspicuous and simple unsubscribe process, and providing clear identification and contact information about the email sender, as well as what classifies an email communication as being ‘commercial’.

One silver lining for charitable organizations: emails sent for the purpose of fundraising are exempt from CASL.

You can read more fully about CASL here on the CRTC website and here on the Government of Canada website.

What does your organization have to do to be compliant with the legislation?

1. Secure implied or express consent from CEM recipients (BEFORE July 1, 2014). The simplest way to do this is to contact your list and provide them a link to provide their express consent and/or provide their contact information.
2. Maintain records about who has provided consent. The onus is on the sender to prove consent.
3. Do not send CEMs to anyone who has not consented to receive them.
4. Provide an unsubscribe option.
5. Identify your organization as the sender and provide contact information.

Here are some further resources on how to become CASL compliant:

Miller Thomson – Countdown to CASL

Borden, Ladner, Gervais – CASL: Impact on C’harities and Not-for-profits

Borden, Ladner, Gervais – Not-for-profit and Charity Law in Canada Blog

Ontario Arts Council News – Arts Organizations Note Canada’s Anti-Spam Law – Effective July 1

Hillborn – Canada’s Anti-Spam Legislation in force this July – will you be ready?

Ontario Nonprofit Network – Canada’s Anti-Spam Legislation and Your Nonprofit

Imagine Canada – Update and clarifications on Canada’s Anti-Spam Law

CRTC – Canada’s Anti-spam legislation 

Government of Canada – Fight Spam: Canada’s Anti-spam legislation

Samantha Zimmerman talks ‘smart data’ to Arts Consultants Canada

DATA SMART: More Than “Show me the Money.”

By Samantha Zimmerman, Practice Manager, Senior Associate & Data Management Consultant (Young Associates)
Originally published in the May 2014 ACCA e-bulletin

We’ve all heard about data: the importance of data; the need to keep data safe; the value of turning raw data into actionable information. But what does it mean for our clients? Most organizations are already comfortable making strategic decisions based on their financial data, because GAAP provides guidelines for maintaining financial data so that it is viewed as SMART (Specific, Measureable, Attainable, Realistic, Timely); but what about our statistical data? Not only is there no one set of rules for dealing with statistical data, there are also privacy laws that dictate how we must collect, store and use data. It can all be very overwhelming.

The arts sector must also conform to CADAC which requires our clients to analyze and report their statistical and financial data to Government funders. CADAC and its partner funders across the country are becoming more rigorous and demanding in reconciling and verifying statistical data, which makes it even more important for organizations to properly track the necessary data required for CADAC reporting. More and more, clients have been reaching out to Young Associates in search of either full service data entry and processing, or targeted data management support with assistance in collecting data, pulling and reviewing periodic reports (monthly, annual), and reconciliation with bookkeeping software, as well as staff training or prospect research.

There is so much potential for data collection, but the majority of small and mid-size not-for-profit organizations often lack the human resources, the technology/software packages or the time to deal with all the data. We’ve all seen those organizations that are tracking their donations, event attendance and other lists in Excel spreadsheets. Much of the data stored in these Excel spreadsheets lives independently from other organizational data, and many of the lists lack standardization in the collection and presentation of the data.

While most of us are using Excel adequately, the majority will never use it to its full potential. Generally it’s seen as a tool for tracking static data; a moment in time, an individual project, or small pieces of information from a single cycle. How many years has a patron attended that event? How many donors are attending our events as well, and vice versa, are program participants returning as supporters? Young Associates has developed a proven system for helping organizations determine their data goals, and develop systems that work within the means of the organization to collect and analyze the data that gives the true picture. Where the mindset needs to change is not thinking of those Excel spreadsheets as a moment in time, but as a piece of a larger picture. Just as the financial information of the organization tells a story, the statistical data of an organization also has a story to tell.

I understand that assets and equity both have to do with the value in my organization. Why don’t they match?

Assets are items that your company owns. These can be tangible or intangible, and they can be current or capital. See the glossary for more detailed definitions.

Equity, also known as Net Assets, represents the organization’s residual value – the amount of value left over after Liabilities have been subtracted from what you own.

If your organization had no liabilities, then its assets would equal its equity. This may be the case for very tiny organizations, but otherwise rarely happens. Most organizations accrue liabilities in the normal course of day to day operations.

For instance, if you open a credit account with a supplier, they will invoice you for goods or services and allow you a period of time – often a month – in which to pay. For that month, you are officially in debt, although you aren’t in any trouble! Your balance sheet needs to show that the supplier has a claim on a portion of your assets. You own a certain amount of cash, receivables and other assets… but your organization’s residual value is lower by the value of the outstanding debt.

Choosing Fundraising Software: 7 Things to Consider and a Whack of Great Resources

Sumac Research. February, 2012. 
Co-author: Ye Adam Tian

“After people, data is your most important asset.” This is the first of 10 Nonprofit Technology Commandments outlined by John Kenyon, noted non-profit technology educator and strategist. And it’s true, isn’t it? Data is the key to a non-profits’ success, so you’ve got to take good care of it! But where do you house it? How do you choose the right software? Well this is a good place to start! Here are seven things to consider, along with some fundraising software reviews and resources to help you find the right match for your organization.

7 Things to Consider

Features. Before you even start looking for software, decide what you need the software to do and make a list. What data do you want it to hold? What features do you absolutely need? One of the mistakes in Robert Weiner’s 10 Common Mistakes in Selecting Donor Databases is buying more than you need. Robert Weiner is a popular non-profit technology consultant who has written for every major non-profit technology publication. Some of the other mistakes listed: randomly looking at demos, falling in love with cool features, and prioritizing price above everything else.

Customization. Another thing you may want to consider is how easy the software is to customize. Let’s face it, no two non-profits are alike. You have different programs and different terminology, and you don’t want to build your own database from scratch if you can avoid it, as Robert Weiner explains in Why Building Your Own Database Should Be Your Last Resort. So look for software with easy customization that allows you to tailor the database to your needs.

Usability. Also important to consider is usability. Because this fundraising software is going to be an integral part of your non-profit, you want it to be intuitive and easy to use. To determine just how user-friendly it is, have a look at some demo videos, get a personal demo and ask current users what they think of it.

Cost. Does the software fit into your budget, both now and in the future? In order to determine this, you have to take into account all of the costs associated with owning the software (the “total cost of ownership” or TCO). Direct costs include the software license itself, data conversion, installation, training, and support. Indirect costs include IT staff required to maintain the system, consultants needed, and upgrades to computers needed to run the software.

Security. Since you’re dealing with donor information, security must be a consideration. There are many question that you’ll want to ask. For example: Where is the data stored? Who has direct access and authority? How is the data shared between different people and departments? How is that process managed? Is there any risk of exposure of your data to the online community?

Ability to Get Data In & Out. This one is often overlooked, but it’s so important. You’ll often want to get data into your database – a list of names and addresses for instance. You’ll also want to get data out – for email marketing, accounting or event purposes. So, being able to easily import and export data is very important!

Technical Support. Finally, does the fundraising software come with quality customer support? Really what you want to know is whether you’ll be able to contact someone by phone or email when you really need help, and how quickly they will be able to assist you. You may also be interested in seeing what other kinds of support they offer: frequently asked questions on their website, documentation, training videos, etc.

Reviews

Don’t know where to start looking for fundraising software? Start here:

Low-Cost Fundraising Software Comparison:

Check out NTEN and Idealware’s Consumers Guide to Low Cost Donor Management Systems for an overview of 29 systems — what they do, recommendations for systems based on particular needs, and comparison charts.

Fundraising Software Listing & Reviews:

1. GetApp
2. Capterra
3. SoftScout

Donations

On a tight budget? TechSoup offers donations of fundraising software to registered non-profit organizations all around the world. Here’s a link to available donations in Canada and the United States.

This tip sheet was created by Sumac Research. Sumac is a complete nonprofit software solution that is free for small organizations and includes data conversion and installation for larger organizations. For more information, visit the Sumac website. 

Disclaimer

ONCA proclamation delayed to January 2014

Staff Post
By Anna Mathew

The proclamation of the new Ontario Not-for-Profit Corporations Act (ONCA) has been delayed. No official date has been set, but it will not be proclaimed prior to January 1, 2014.

Visit the Ontario Nonprofit Network website for more information on the delay and other ongoing developments with ONCA.

What’s the difference between holiday pay and time in lieu?

‘Holiday pay’ and ‘Time in lieu’ are actually very different. Holiday pay is pay for ‘standard’ holidays, either public or at least consistently recognized by the employer. Time in lieu is paid time off in exchange for overtime work.

Holiday pay is pay for days that an employee doesn’t have to work, because they are public holidays. In Ontario, these days are: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Public holidays vary in different jurisdictions. Also, some employers choose to provide holiday pay for days which are not official public holidays, but are frequently observed. For example, in Ontario, employers often acknowledge Civic Holiday the first Monday in August. Public holiday pay is based on the previous four weeks of work, and can be calculated here. The calculation i:s (regular wages from 4 weeks previous + vacation pay from 4 weeks previous) / 20. You add up the last month of earnings and divide by 20 because there are 20 working days in a normal month.

In the entertainment field — and others — it’s not uncommon for employers to ask their staff to work on a public holiday. Employees have the option to agree in writing to work the day and receive either public holiday pay plus premium pay for the hours worked on the holiday OR their regular rate plus holiday pay on a ‘substitute’ day off. In this case, the holiday rate would be calculated on the four weeks previous to the substitute holiday, not the original holiday. Some jobs do not entitle employees to take public holidays off. More details on public holiday pay in Ontario can be found here.

‘Time in lieu’ is paid time instead of overtime pay. The Employment Standards Act sets out rules on overtime pay; in most cases it is time-and-a-half (1 ½ times regular pay) for hours worked beyond 44 in a week. An employee and employer can agree in writing to time in lieu, also sometimes called ‘banked time’. In Ontario, if an employee has agreed to bank overtime hours, the employer must provide 1 ½ hours of paid time off for each hour of overtime worked. The time off must be taken within 3 months or, if an agreement is made in writing, within 12 months. If employment ends before the employee takes the paid time off, the employer must pay him or her overtime pay instead.

Find more information on paid time off in Ontario here.