Section 5 Appendices


The Ontario 4-H Council is the governing policy-making body for 4-H in Ontario. A volunteer Board of Directors governs the Council. A Gift Acceptance Policy is necessary and important for the Council to ensure donations are used to further the vision and goals of the Ontario 4-H Council and 4-H Ontario and includes appropriate consideration of donor objectives. It provides clarification, along with Fund Agreements, of roles, responsibilities and expectations of both the Council and its donors.

A gift acceptance policy provides guidance for Board and staff decision making processes. It ensures that accurate and efficient administrative, legal and accounting practices and procedures are followed according to appropriate municipal, provincial and federal requirements. 4-H Ontario’s gift acceptance policy ensures that informed decisions are made on the acceptance of gifts and that such gifts are receipted in accordance to the Income tax Act.

This policy will help to enhance long term relationships with donors, and encourage donors and 4-H Ontario representatives to work together to provide the most effective benefits to the program and youth in Ontario, while remaining congruent with donors’ broad philanthropic wishes. The Council shall abide by all applicable laws governing the charitable sector.


General Guidelines

Gifts must be consistent with the overall mission, goals and strategic intent of the Ontario 4-H Council, all applicable statutory provisions and must not compromise the Council’s integrity. The Council may, at its discretion, refuse a gift on these grounds.

The Council encourages donors to work with professional advisors in making gifts. It shall not solicit or accept a gift from a donor unless it is satisfied that the donor has a bona fide charitable intention and has an accurate understanding of the consequences of the donation, the work of the Council, and the uses to which the gift will be put.

Persons acting on behalf of Council must inform donors that Council
does not provide any legal, accounting, tax,
or financial advice to donors with respect to gifts to 4-H Ontario. Potential donors are to be encouraged to seek independent legal, accounting, tax, or financial advice from professionals and are responsible for all costs incurred in relations to obtaining such independent advice. Council cannot suggest or endorse a third party as a source of gift advice. Where necessary, donors will be requested to provide proof to Council that:
• Independent professional advice has been obtained; or
• Independent professional advice has been waived though recommended by Council and
• Council is released from any liability that may arise in relation to the making of the gift.

The Executive Director or designate is authorized to negotiate gift agreements with prospective donors and their professional advisors in accordance with the guidelines set forth in this Policy.

Outright gifts of cash, publicly traded securities, and life insurance do not require approval by the Board of Directors unless there are unusual restrictions or circumstances involved.
The Council will not serve as a trustee of charitable remainder trusts or as executor of a donor’s will, but may refer the donor to a trust institution that has agreed to provide this service.


Acceptance of other forms of Property/strong>

The Council recognizes that donors will occasionally wish to give property that is not readily marketable, such as real estate, private corporation shares or residuary interests in trusts. While the Council is generally pleased to accept gifts, it has to be careful to evaluate whether there may be “hidden costs” in accepting such property.


Related Costs

Gift-related costs such as legal fees, appraisals, real estate commissions and taxes relating to acceptance, maintenance, management or re-sale of a gift of property shall be the responsibility of the donor.

Gifts Requiring Board Approval

The following gifts must be reviewed and approved by the Board of Directors.
Gifts of real or tangible personal property
Property whose value is not readily ascertainable
Before acceptance, relevant information about the gift shall be ascertained, including a copy of any appraisal secured by the donor. The Ontario 4-H Council reserves the right to obtain its own appraisal for gifts.

Gifts Not Accepted
The Ontario 4-H Council reserves the right to decline a gift based on factors determined by its Board of Directors which include the following considerations:
• Congruity with Council’s Vision Statement -gift that could easily compromise 4-H’s public image, charitable status, reputation or commitment to its mission, vision and values.
• The gift exposes 4-H Ontario to liability or unacceptable risks.
• The gift violates the Ontario Human Rights Code and relevant Ontario 4-H policies on Equity and Human Rights
• The gift does not comply with the Canada Income Tax Act and Canada Revenue Agency guidelines
• The gift is precedent setting or involves sensitive issues
• The gift may come from illegal activities
• There exists a potential for physical or environmental hazards in accepting the gift.
The Ontario 4-H Council reserves the right to decline a gift based on factors determined by its Board of Directors which include the following considerations:
• Congruity with Council’s Vision Statement -gift that could easily compromise 4-H’s public image, charitable status, reputation or commitment to its mission, vision and values.
• The gift exposes 4-H Ontario to liability or unacceptable risks.
• The gift violates the Ontario Human Rights Code and relevant Ontario 4-H policies on Equity and Human Rights
• The gift does not comply with the Canada Income Tax Act and Canada Revenue Agency guidelines
• The gift is precedent setting or involves sensitive issues
• The gift may come from illegal activities
• There exists a potential for physical or environmental hazards in accepting the gift.

Disposition of Gift
The Council does not make any representation that by accepting a gift it will retain the property or employ the donated property for the same purposes as it was used by the donor.

Donor Confidentiality
Donor’s wishes regarding recognition or anonymity regarding a gift shall be respected, provided that any recognition is consistent with the Council’s usual standards of practice and legal requirements.

Donor Recognition
The Council shall recognize donors in a manner consistent with the recognition afforded donors of gifts of similar magnitude, immediacy of effect and degree of restriction.

Fund Agreements
The Council prefers to work with donors to develop agreements with respect to the name, nature and use of their gifts at the time a gift is made. The Council’s legal counsel shall review all gift agreements. Periodic reviews of these contracts are possible to ensure the donors’ wishes are being carried out.
All gift agreements that are created external to 4-H Ontario will be reviewed by the Executive Director and legal counsel where deemed appropriate.

Charitable Tax Receipt
The Council shall issue a charitable tax receipt within one week of receipt of the gift.
The Philanthropy team is responsible for issuing the official charitable tax receipts for the eligible amounts of all charitable gifts received by 4-H Ontario that are consistent with the requirements of the Canada Income Tax Act, Canada Revenue Agency guidelines and in accordance with procedures established by the organization.

For gifts of shares, a tax receipt shall be issued for the earlier of either the trading price or the closing price on the day the Council’s broker receives the shares, assuming liquidity.

In the case of monthly donors, staff donations outside of payroll deductions, and those donors who have requested consolidated receipts, a consolidated tax receipt is issued in January following the year in which these gifts were made.

Cash gifts or gifts made by cheques that are dated no later than December 31 of each year, received between January 1 and 15, shall be receipted for the previous year, showing the December 31 date as the day the gift was received and the date (January 1-15) on which the receipt was issued.

Charitable tax receipts will be issued for gifts of $20.00 or more.

In the case that a gift does not qualify for
an official tax receipt, a business receipt
is issued. A business receipt serves as a receipt for money received and are not issued with
an official tax receipt number. The
following donors do not qualify for an
official tax receipt, but rather receive
a business receipt for acknowledgment purposes only:
• Corporations (unless they explicitly request an official charitable receipt.
• Small businesses, unless they explicitly request an official charitable receipt.
• Foundations.
• Charities.
• Unions.
• Service clubs.
• Associations or clubs
• Collections, unless accompanied by a list of name’s and addresses to whom to issue all the receipts.
• Membership fees or court-ordered donations.

Benefit to Donor
The legal nature of a charitable gift is that a donor cannot expect or receive financial benefits or opportunities to flow from the gift.

In accordance with CRA guidelines, Council will typically not accept gifts that would require 4-H Ontario to give special consideration for employment to the donor, or to anyone designated by the donor, or that would allow the donor to inappropriately influence programs and services delivered to and by 4-H Ontario staff and volunteers. In addition, Council will not accept gifts that give special consideration to the procurement of products and services associated with the donor.

Donor Advised Funds
The Income Tax Act (Canada) imposes limits on a donor’s capacity to impose restrictions on charitable gifts. A donor may, however, at the time the gift is made and even subsequently, by agreement with the Council, place limits on the uses to which a gift may be put. Further, the donor or the donor’s designated representatives may advise the Board of the Council on the application of the earnings of his or her gift and the Board shall generally consider and respect such advice. Beyond that a donor cannot legally restrict the Council.

Preservation of Donor’s Intentions
Where, by prior agreement, the Board agrees to receive the advice of donors on the distribution of grants, the Council shall not seek to pass judgment on the value or merit of the donor’s proposed application so long as the income is applied according to legal provisions to a charitable purpose
Should the Council cease to exist or become incapable of administering a fund to fulfill a donor’s purpose, the Council shall employ its best possible efforts to ensure continued application of the moneys to the purpose originally contemplated by the donor.

Areas of Focus
The principal focus of the Council’s activities is the 4-H program within Ontario, at a provincial level. It may refer a donor to another or better suited charitable organization if it perceives that the donor will be better served by such organizations.

Approved Grant Recipients
The Council applies the earnings from its funds only to benefit charitable organizations (‘qualified donees’ as defined by the Income Tax Act (Canada)). It does not benefit individuals directly, even if the activities they undertake are charitable in nature.

Gifts in Kind
The Ontario 4-H Council welcomes donations in kind. In accordance with Canada Revenue Agency, a gift-in-kind includes such things as capital property, depreciable property, and personal use property. However, it does not include a gift of service.

The fair market value (FMV) of a gift in kind as of the date of the donation (the date on which beneficial ownership is transferred from the donor to the donee) must be determined before an amount can be recorded on receipt for tax purposes. If a donor wishes to receive an income tax receipt for an in-kind donation with FMV over $1,000, the donor will need to provide an appraisal to establish the fair market value (FMV) of their donation (i.e. artwork for silent auction). If the FMV is $1,000 or less, an appraisal can be made by a qualified staff member of the Ontario 4-H Council. For donations of gifts-in-kind, the Ontario 4-H Council may issue a receipt stating the FMV of the donation once it has been appraised. The FMV of an item does not include taxes paid on purchasing the item. The amount entered on the official receipt is the FMV of the in-kind donation before taxes.

Gifts of Services
4-H Ontario welcomes gifts of services, yet in accordance with Canada Revenue Agency, where the donor wishes to provide a gift of service, 4-H Ontario must be invoiced for the service and pay, in full, for the service. The donor may, in return, donate all or a portion of the payment to 4-H Ontario and receives an income tax receipt for the amount donated.

Guidelines for Specific Gifts

Gifts of cash and cash equivalents.

Publicly-traded securities
Gifts of marketable publicly traded securities shall be scrutinized and accepted by the Council’s investment manager. These securities shall be sold immediately upon receipt and converted to cash.
Gifts of Property Including Real Estate, Art, Jewelry etc.
Gifts of property or real estate may be made in various ways: outright, residual interest in it, or to fund a charitable remainder trust. Where real estate is transferred to a charitable remainder trust, additional requirements of the trustee must be met (see Charitable Remainder Trusts).

Donors shall provide qualified appraisals of proposed gifted property.
The Council may, at its discretion, obtain its own independent appraisal, or have an informal staff appraisal verified by an independent qualified appraiser, and, in such cases, issue a receipt based on the Council’s own appraisal.
The Council shall satisfy itself that the donor has clear title to the property.
The Council shall review all pertinent factors, including in the case of real property, zoning restrictions, marketability, prior land use, current use and cash flow, to ascertain that acceptance of the gift would be in the best interests of the Council.
If the real estate possibly contains toxic wastes, the donor shall secure an environmental audit and provide the results to the Board of Directors. No property containing toxic wastes shall be accepted prior to removal and/or indemnification of the Council against all present and future liabilities.

A donor who advises the Council, in confidence, of a proposed testamentary gift to the Council, shall be asked to provide, if possible, a copy of that section of the Will naming the Council. The donor may also wish to execute an agreement with the Council directing the charitable use of the proposed testamentary gift.

Gifts of Life Insurance
There are various methods by which a life insurance policy may be contributed to the Council. A donor may:
• Commence a life insurance policy of which the Council is the owner and beneficiary.
• Assign irrevocably a paid-up policy to the Council.
Assign irrevocably a life insurance policy on which premiums remain to be paid and a charitable tax receipt shall be issued for premium amounts.
Name the Council as a primary or successor beneficiary of the proceeds.
When ownership is irrevocably assigned to the Council, the donor is entitled to a gift receipt for the net cash surrender value (if any) and for any premiums subsequently paid.

Gift Of A Residual Interest
This type of gift refers to an arrangement under which a property interest is conveyed to the Council, but the donor retains use of the property, or income from the property, for life or a specified term of years. For example, the donor might give a residual interest in a personal residence and continue living there or a residual interest in a painting and continue to display it. The owner is entitled to a charitable tax receipt for the present value of the residual interest.

The donor shall continue to be responsible for real estate taxes, insurance, utilities and maintenance after transferring title to the property unless the Council, upon prior approval of the Board of Directors, agrees to assume responsibility for any of these items. The Council is entitled to require that the donor provide proof of payment of those expenses for which the donor is responsible.
The Council reserves the right to inspect the property from time to time to assure that its interest is properly safeguarded.

Charitable Remainder Trusts
A charitable remainder trust is a form of a residual interest gift. The donor (‘settlor’) transfers property to a trustee who holds and manages it. If the property is income producing, net income after payment of all expenses will be paid to the donor and/or other named beneficiary. When the trust terminates (either at the death of the beneficiary/ies or after a term of years), the trust remainder is distributed to the Council. If the trust is irrevocable, the donor is entitled to a gift receipt for the present value of the residual trust.

A charitable remainder trust may be funded with cash, securities, real estate or other property acceptable to the trustee and to the Council. Real and personal property shall be accepted for a trust only after a thorough review of cash flow, potential liabilities including toxic waste cleanup costs, and other factors necessary to assure that the gift is in the best interests of the Council.

The value of the trust shall ordinarily be greater than $50,000 and the age of the beneficiaries shall ordinarily be at least 50, however the Board may in its discretion waive this guideline.
While the Council may provide prototype agreements, a trust agreement shall be drafted or reviewed by the donor’s own solicitor to assure, before it is executed by the donor, that it fulfills legal requirements, that it is appropriate to the donor’s circumstances, and that it accurately reflects the donor’s intentions.

Date Approved. amended, or reviewed: 2023

i. Nominations, Election & Resolution Procedures

i. Nominations, Election & Resolution Procedures
In accordance with the Ontario 4-H Council bylaws, elections will be held annually for the positions of Council Board of Directors.
In accordance with these bylaws, the Board of Directors shall appoint a Nomination Committee consisting of three (3) persons. These persons may be Directors or non–directors. The Nomination Committee may then prepare a slate of candidates from the list of incoming Association Representatives for the director positions and receive additional nominations from the floor during the Annual General Meeting.
Election Policy In accordance with the 4-H Ontario Council by-laws elections when necessary shall be conducted as follows
1. The election of President, Vice-President, Director at Large in accordance with by law 3.12 will be elected by a majority of votes. The directors will use an alternative preference ballot (ranked) through an instant runoff voting system. Candidates with the fewest number of votes will be eliminated, and their votes recalculated among the remaining candidates until the successful candidate receives 50% + 1 of the vote.
2. The election of directors at the annual general meeting in accordance with by-law 7.11 will be elected by a majority of the votes. The voting members will use a runoff voting system. Electors will vote for each open director position available.
3. In the event that there is a one (1) year director position available in addition to the five two (2)
year positions and there are 6 candidates the candidate with the fewest votes will receive the one (1) year director position. In the event that there is a one (1) year director position and more than six (6) candidates, a second election will occur following the election of the five two (2) year director positions. Candidates defeated in the two (2) year director election are eligible to run in the one (1) year director election.
4. A copy of this policy shall be included in the AGM package for Association Representatives.

Board Director Nomination and Election Process The Association Representatives shall elect from amongst themselves 5 directors annually who with five (5) currently serving Directors, the President to be elected and Past President, Director Youth, Director Community form the Board of Directors.
Current Board of Directors appoints a nominating committee at the Inaugural Board of Director meeting.
This Committee works with the designated Council staff person to ensure that the nomination process is communicated to all Association Representatives and local 4 H Associations.
Nominations are received up to the last call for nominations during the election portion of the Annual Meeting agenda.
An election chairperson will be appointed and will preside over the elections.
All nominees will have the opportunity to address the voting delegates (Association Representatives) of the Annual General Meeting for two minutes at the closure of nominations.
Each nominee for Director will be allowed to submit a one-page biography accompanied with photo to be included in the Annual Meeting delegate packages. Additional campaign efforts shall be the responsibility of the nominee.
President Election Process The Ontario 4-H Council, each year at the inaugural meeting after the Annual General Meeting elect a President.
Each nominee for President will be allowed to address the Council Directors for two minutes at the close of nominations.

Date approved, amended or reviewed:2018/2023

(separate file)

Canada’s anti-spam legislation (CASL) came into effect July 1, 2014. It is in place to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. If you use electronic channels to promote or market your organization, products or services, Canada’s new anti-spam law may affect you.

As volunteers representing 4-H Ontario in your Associations, it is important that all communications across the province are CASL compliant.

CASL BACKGROUND (From the Globe and Mail Article June 7, 2017)
Canada’s anti-spam legislation (CASL) came into effect in July 2014. Since that time, the sending of an unsolicited e-mail, text, instant message, Facebook message or any other commercial electronic message (CEM) has had to comply with CASL. This law is extremely broad and captures all electronic messages sent or received in Canada – and may, in some cases, even capture tweets. You may think that the business e-mail or newsletter you’re sending is not spam in the traditional sense, or that you’re somehow exempt because you’re a non-profit or a charity seeking donations, but CASL applies to you, and you face even more significant penalties for non-compliance after July 1.

As it stands now, for a CEM to be in compliance under CASL, a business or other organization must have the recipient’s express or implied consent to receive the CEM; the sender must clearly identify themselves and their organization in the CEM (including the phone number, e-mail address or Web address), and there must be a way for the recipient to unsubscribe, at no cost, from the receipt of future CEMs.

Since 2014, the administrative penalties imposed by the CRTC have been significant – as much as $1-million per violation for individuals and $10-million for corporations. Rogers Communications Inc. and Kellogg Canada Inc. were assessed $200,000 and $60,000 fines respectively. And in 2015, corporate training firm Compu-Finder of Quebec was fined $1.1-million for breaching CASL.

The provisions coming into force on Canada Day will make things even tougher for anyone sending CEMs.

That’s because, when CASL came into force in 2014, it provided a three-year transition period in which senders were permitted to rely on a recipient’s implied consent to receive CEMs. That three-year window ostensibly gave senders time to obtain express consent from those on their mailing lists. It also gave recipients a reasonable period of time to unsubscribe.

But that window closes July 1. With limited exceptions, you shouldn’t be sending that e-letter or unsolicited e-mail, and you should instruct your employees to delete anyone in your customer relationship management system that has not provided their express consent to receive CEMs.

If your electronic newsletter is inadvertently sent to 10,000 e-mail addresses without the express consent of those recipients, you have improperly identified your organization or there is no “unsubscribe” option available, you are risking fines that the CRTC could impose.

What does CASL cover and what is a CEM?

A CEM is an email, text, instant message, tweet, or any other electronic message that has as a part of its purpose to encourage the recipient to engage in “commercial activity.” Even if there is no profit, it can still count as commercial activity. Examples include:

• Emails seeking donations

• Emails seeking volunteers/members

• Emails selling tickets to an event/lottery

• Emails promoting services • Emails promoting a charitable event/activity


• Electronic newsletters • Emails promoting the organization / charity

What Does a CEM Need to Include to Be Compliant?

1. The recipient gave consent: this can be express consent (which lasts until someone unsubscribes) or implied consent (which lasts 2 years after the end of their membership/involvement, donation, etc).

2. Identifying info of all the people it is sent on behalf of.

3. A way to contact the sender.

4. An unsubscribe option: this may be a button to click on through an email marketing program, or it could be instructions on who to email. Make sure your method unsubscribes the person within 10 days and is available for 60 days after the email is received.

How is consent defined in CASL? Express Vs. Implied Consent
Express consent means that a person has clearly agreed to receive a CEM, either in writing or orally. The recipient must take a proactive action to indicate their express consent (in other words, express consent must be obtained through an opt-in mechanism, e.g. signing up at your website). Remember that an electronic message that contains a request for express consent is also considered to be a CEM under CASL and therefore is not a method through which express consent can be obtained. Express consent is not time-limited: once express consent is obtained you are able to send CEMs until the recipient notifies you that they no longer want to receive them. For more information on requirements for obtaining express consent, please see Compliance and Enforcement Information Bulletin CRTC 2012-549.

You may rely on implied consent for sending CEMs if it is done under certain conditions, as set out in section 10(9) of CASL. This may include having an existing business relationship (EBR) based on a previous commercial transaction with the recipient; or having an existing non-business relationship based on, for example, membership in your club, or if the recipient participated as a volunteer for your charitable organization; or where a person makes their email address publicly available by publishing it on a website. In the latter case, this conspicuous publication of their email address must not be accompanied by a statement indicating they do not want to receive CEMs at that address. If the statement is not present, in order to send a CEM, the message must relate to the recipient’s business role, functions or duties in an official or business capacity. There is a time-limitation attached to the life of the implied consent (more on this below).

If your situation does not meet the categories of implied consent set out in CASL, then you cannot rely on implied consent to send CEMs. The only way to obtain express consent via e-mail is if you have implied consent to send the message.

What are our obligations as non-profits and charities under CASL?

Non-profits will need written or oral consent before sending any commercial messages, or before adding people to their permanent mailing lists. As well, any commercial emails will need to include the organization’s address, telephone or email to identify the organization, and an unsubscribe option.

A great way to manage an unsubscribe feature is to use an external email marketing service, such as MailChimp, Constant Contact or Vertical Response, to name a few.

The 4-H Ontario head office uses MailChimp. For smaller mailing lists MailChimp does offer a free package “Forever Free” which includes up to 2,000 subscribers and 12,000 emails per month.

Additional Information for creating sign up forms from your lists in MailChimp

Statutory Exceptions

CASL provides for several exemptions to the consent and form of message requirements.

Exceptions include messages:

• Sent by an individual to an individual with whom they have a personal or family relationship ”Personal relationship” means direct, voluntary two-way communications, where it is reasonable to conclude the relationship is personal, and there is no indication that recipients don’t want to receive CEMs. “Family relationship” means marriage, common law and parent child

• CEMs sent to businesses, namely CEMs:

• Sent to a business, where the message consists solely of a related inquiry/application or that business’ response

• Internal CEMs concerning affairs of that organization • External business-to-business CEMs, where (1) there is a “relationship”, and (2) the message concerns the affairs of organization or recipient employee, representative, consultant or franchisee’s role, duties or functions

• Sent by or on behalf of a registered charity, where the primary purpose is fundraising

What Does This Mean For You?
As a best practice it is highly recommended to conduct your communications through the use of one of the email marketing solutions mentioned previously. These services will not only track your campaigns’ success (open rate, reads, etc), but will provide you a simple way for recipients to unsubscribe should they wish to.

1. What does CASL require me to do?
a. Basically CASL requires you to obtain consent (either implied or express) from anyone you are contacting electronically.

2. Can I still contact our active Participants in our Association?
a. Yes. Active Participants fall under the “implied consent” category. Since they are part of our organization you essentially have a safe assumption they would like to receive communications from you. However. They do still have the right to not receive communications electronically from you as well. While this may be an unlikely scenario, if the request is made, it must be granted. See the following questions for more.

3. What happens once a Participant graduates or completes their volunteer term?
a. Implied consent only lasts for 2 years from this time. So if a member graduates on December 31, 2017, you may still contact them for two years unless they request otherwise. However, as of January 1, 2020, you may not contact this person anymore. The period of implied consent will now have passed and you can only contact them if you have received “express consent”. However if this person does some volunteer work for you or makes a donation to 4-H, this two-year period of implied consent starts over from the end of this date. Express consent can be obtained either electronically (preferred), by a paper sign up form, or even verbally. However by paper or verbally will require a bit more work and would be harder to prove if needed. This scenario would be the same for a graduating volunteer. Once express consent is received, it is indefinite unless someone unsubscribes.

4. When should I get Express Consent?
a. For Participants, as soon as they complete their tenures in the program and become alumni. Once you receive express consent you will not have to worry about the implied consent period ending. You could even send this message now to obtain express consent to your existing members and volunteers asking for their express consent to continue to receive electronic messages from you. You just run the risk of them choosing to opt out. It is important to note that someone can’t automatically be added to a new general list without their consent (i.e. graduating member automatically added to an alumni list). It is also important to note that if someone does not reply to your request for express consent, that does not count as not consenting. (Not saying “No”, does not mean “Yes”).

b. For anyone else in your contact list, you should receive express consent as soon as possible. Maybe this is new alumni members, potential donors or local businesses you do work with in the community regularly. Many of these people you may already have implied consent from if you’re regularly communicating with them. However receiving their express consent will allow you not to worry about the implied consent period ending.

5. Why use an Email Marketing Service?
a. This will allow recipients to easily unsubscribe should they choose and will save you time in manually removing and tracking who has requested to no longer be contacted. You can create a form to accept and track who has provided consent.

6. Can I still send traditional emails to large numbers of recipients?
a. Yes. However this is not viewed as best practice. Oftentimes when sending large mass emails your message may be auto marked as spam. You will need to include in these messages the following: Who the message is from, a way to contact the sender(s), and provide a simple method of unsubscribing should they choose. Should they choose to unsubscribe by contacting you and making this request, you must remove them from the list within 10 days.

7. What about my monthly newsletters?
a. Do continue to send these. Just ensure the people receiving them have a way to opt-out of unsubscribe and that it is done within 10 days. Also ensure you clean up your list and remove anyone who has passed the two year implied consent period and who you have not since received express consent from.

8. What about the Not-For-Profit/Charity exemption?
a. CEMs sent by or on behalf of registered charities are exempt from CASL IF the message is for the primary purpose of raising funds for the charity.

9. Are there some examples of this?
a. Where the primary purpose is raising funds:

Example 1: A CEM, sent by or on behalf of a charity, which promotes an event and/or the sale of tickets for an event – such as a dinner, golf tournament, theatrical production or concert or other fundraising event – where the proceeds from ticket sales flow to the registered charity.

Example 2: A registered charity sends, by e-mail, a newsletter, which provides information about the charity’s activities or an upcoming campaign, and does not contain any material that seeks to encourage the recipient to participate in a commercial activity, then the message would not be a CEM for the purpose of CASL.

Example 3: A registered charity sends, by e-mail, a newsletter which provides information about the charity’s activities or an upcoming campaign, but which also contains a section which solicits donations and may also mention corporate sponsors who supported the charity (but does not encourage the recipient to participate in a commercial activity with that sponsor). While this message may be considered a CEM under CASL, the primary purpose of the message may be viewed as raising funds; therefore, the exemption in the GiC Regulations would apply.

b. Where the primary purpose is not raising funds:

Example: A registered charity sends, by e-mail, a newsletter, which provides information about the charity’s activities or about a particular social issue. If this e-mail also advertises the corporate sponsors of a charity’s event and encourages the recipient to participate in a commercial activity with that sponsor, then section 6 of the CASL may apply without any exemption. The primary purpose of the message may not be to raise funds for the charity.

Additional Resources
Fight Spam – fightspam.gc.ca CASL Express Consent Paper Form (see Appendix D on 4-H Ontario website)

Sample text/form for use on a website or in an email – harrisonpensa.com/casl

CASL Power Point Presentation – Zemel van Kampen. Provided by TechSoup Canada (see Appendix D on 4-H Ontario website)

CASL Power Point Presentation – David Young. Provided by Canadahelps (see Appendix D on
4-H Ontario website)

Code of Conduct Policy

The 4-H in Canada Code of Conduct outlines the expectations and guidelines for everyone involved in 4-H activities. Only when all participants are following these guidelines can we provide 4-H members with meaningful opportunities within an environment that is safe, inclusive, and fun for all involved.

  1. There is no tolerance for conduct that conflicts with the Code of Conduct for 4-H in Canada or other supporting policies.
  2. Incidence of misconduct by a youth member, leader, volunteer, staff, 4-H family member or guest must be reported to the provincial organization as outlined in the Misconduct Reporting Policy.

Code of Conduct for 4-H in Canada

As a positive youth development organization, we are committed to providing 4-H members with meaningful experiential learning opportunities within an environment that is safe, inclusive and fun for all involved. This is the responsibility of everyone involved in any 4-H activity.

This Code of Conduct applies to:

  • 4-H youth members and their families;
  • 4-H trained leaders and screened volunteers;
  • camp counsellors and youth leaders;
  • non-screened guests;
  • 4-H staff and governing leadership;
  • 4-H program partners; and
  • other participants or observers of 4-H

I will:

Represent 4-H and myself in a positive way

  • Use words, actions, and behaviours that are respectful, non-judgmental, and kind, towards all youth, leaders, volunteers, staff, families, and participants.
  • Honour the 4-H Pledge and participate in the spirit of good sportsmanship, respecting rules and guidelines.
  • Ensure all actions, including social media activity, is positive and reflects the integrity of 4-H
  • Act with honesty and integrity when dealing with property, monies, and other assets being used for 4-H purposes.
  • Respect other youth, leader, volunteer and staff’s, rights to privacy and the confidentiality of personal information.
  • Provide appropriate animal care according to industry codes of practice (ca).
  • Abide by all federal and provincial


Promote a safe, inclusive, and fun environment

  •  Be vigilant in ensuring an environment that is safe and protects youth, leaders, volunteers and staff from emotional, physical, verbal and sexual abuse.
  • Refrain from using drugs or alcohol during any 4-H youth
  • Make all reasonable efforts to ensure equal opportunity and access to participation for all 4-H youth members and abide by the 4-H Canada’s Inclusion Statement.
  • Uphold the 4-H motto “Learn To Do By Doing” in an environment that is friendly and

Lead by example

  • Adhere to the policies and procedures of 4-H Canada and provincial
  • Act as a positive role
  • Work collaboratively with all, including 4-H members, families, fellow leaders and volunteers, staff, and guests.

In addition, trained leaders, screened volunteers, and staff will:

  • Fulfill their responsibilities as outlined in the position description, and act within the limitations of authority for the position.
  • Maintain the confidentiality of any information regarding 4-H that was obtained as part of the


Provincial councils, regions, districts, areas, associations and/or clubs may have additional guidelines or policies. It is the responsibility of each 4-H participant to familiarize themselves with the rules that pertain to their individual participation in 4-H events and activities.

By signing this Code of Conduct, I acknowledge that I will comply with these standards and all 4-H policies applicable to my role.

I, ___________ (print name), in my role as _______________ acknowledge that there are consequences to non-compliance with this Code of Conduct on the part of me or anyone accompanying me, at a 4-H activity or event. After an investigation, consequences may be applied as deemed appropriate and necessary, and may affect my ability to participate in 4-H.

I understand that if I observe behaviour that violates this Code of Conduct, I have a duty to report it to the authorities and/or 4-H where appropriate. Please reach out to your provincial 4-H organization for incident reporting forms and the filing process.


Signature of participant                                                                                            Date


Parent / Guardian if participant is under 18                                                      Date

This document is valid for the current 4-H year only and must be read, signed annually, and kept on file with your provincial organization.