Legal Compliance for Organizational Units Checklist

Last Updated
May 20, 2022

To be reviewed by the Board of Directors annually

Please note: A copy of the Legal Compliance for Organizational Units Checklist must be completed by each Affiliate, Division, and Chapter Board of Directors. The COBD Board of Directors must use the information gathered from all of the completed Legal Compliance Checklists to complete the Legal Compliance for COBD National Checklist.

To the best of our knowledge:

Directors

  • No Director within the organizational unit has received, either directly or indirectly, any salary, wages, fees, commissions or other amount for services rendered to COBD in their capacity as a Director.
  • No Director within the organizational unit has an undisclosed personal or organizational interest in any transaction that
    COBD has entered into or plans to enter into.

Litigation

  • There is no litigation either present, pending or threatened that has not been disclosed to all of the directors.
  • The organizational unit is not subject to any judgment, order or requirement of a court or governmental authority that might adversely affect its operations which has not been disclosed to all of the Directors.

Regulations

  • There are no investigations current or pending by any regulatory authority pertaining to the affairs of the organizational unit.
  • All of the organizational unit’s regulatory and governmental filings are up-to-date and complete.
  • The organizational unit has filed all necessary returns and other reporting documentation as required under applicable governmental legislation and the COBD’s bylaws.
  • The organizational unit is in full compliance with the Canada Pension Plan Act.
  • The organizational unit is not guilty of any offenses or contravention under the relevant employment statutes, including the Labour Relations Act, the Employment Standards Act and/or similar employment legislation.
  • organizational unit holds all necessary material licenses, permits and authorizations required to carry on its operations.

Finances

  • The financial reports are accurate in all material respect and prepared in accordance with generally accepted accounting principles.
  • There are no contingent liabilities not disclosed to the Directors of the organizational unit and the National Board of Directors that may be material (more than $5,000).
  • There are no significant capital expenditure commitments not included in the organizational unit budget.
  • The organizational unit’s debts are adequately disclosed in the financial reports most recently distributed to the Directors of the organizational unit and the National Board of Directors.
  • The internal financial reports are prepared on a materially consistent basis with the budget.
  • The organizational unit is in full compliance with the Occupational Health and Safety Act, its regulations, all orders and requirements of inspectors and directors, and the courts.

Remittances

  • The organizational unit has deducted and/or withheld all amounts required under the Income Tax Act, the Employment Insurance Act and all other relevant statutory requirements.
  • The above amounts have been remitted or paid to the appropriate authorities in a timely fashion.
  • The organizational unit is current in remitting premiums required under the Health Insurance Act.
     The organizational unit has remitted the required net Harmonized Sales Tax, Provincial Sales Tax, and Goods and Services Tax (as applicable).
  • The organizational unit is current in remitting all Employee Pension Plan contributions.
     There is no undisclosed tax liability.

Operations

  • There are no claims or potential claims for violations of human rights.
  • All wages, vacation pay, commissions, guaranteed bonus, severance pay, termination pay and other debts for services have been properly paid or will be paid when due.
  • All risks typical to a nonprofit corporation of this type that can be insured against have been insured against in an adequate manner and all insurance policies are in good standing.
  • There are no future areas of risk in the operations of the organizational unit that have not been disclosed generally to all Directors of the organizational unit and the National Board of Directors.

I am not aware of any material items not considered, and to the best of my knowledge, all the information contained herein is true and correct.

Name:
Title:
Date:
Signature: