Not-for-profit Law and Governance in the Creative Industries

We’re in a time of unprecedented momentum for reimagining systems of board governance in the performing arts sector.

Generator teamed up with ALAS (Artists’ Legal Advice Services) on May 11, 2021, for a webinar and Q+A to help non-profit workers understand legal requirements, and explore what’s possible.

The webinar begins with a presentation from Terrance Carter, Managing Partner of the law firm Carters, laying out the legal responsibilities of board members, and legal requirements for non-profit organizations and charities. The second presentation is from arts consultant Jane Marsland, exploring how small to mid-size non-profits can safely navigate legal structures, explaining paradigm changes in the sector towards new conceptual understandings of organizations, and offering ways to align governance with company values. Topics range from recruitment, to strategic board management, to successful planning.

Thanks to our wonderful panelists and moderator Cat Lovrics, as well as to the participants who joined us live for the webinar and contributed questions to our discussion.

Watch the Webinar

Watch a recording of the webinar on our YouTube channel here.

Part One: Understanding Legal Requirements

0:01-9:40 Introductions from Generator’s Lead Producer Kristina Lemieux and moderator Cat Lovrics
9:40-31:00 Presentation from Terry Carter about the legal landscape for charities & non-profits
31:00-40:00 Question and answer period with Terrance Carter

Part Two: Exploring What’s Possible

40:00-1:11:40 Presentation from Jane Marsland about emerging thinking in non-profit governance

Part Three: Discussion Period

1:11:40-1:30:50 Question and answer period with Jane Marsland and Terrance Carter
1:30:50-1:48:29 Extended question and answer period with Jane Marsland and Kristina Lemieux

Please note we did experience some technical difficulties, but they were resolved promptly. Captions are available in YouTube.

Resources

From the webinar

Websites for further learning

As a general note, as you do your own searching for resources around boards, you may find the most success looking for resources created specifically for charities—generally these will still be applicable and helpful for non-profits (even if you are not in fact a registered charity).

About the Panelists

Terrance Carter

Terrance S. Carter, B.A., LL.B, TEP, Trademark Agent – Managing Partner of Carters, Mr. Carter practices in the area of charity and not-for-profit law, and is counsel to Fasken on charitable matters. Mr. Carter is a co-author of Corporate and Practice Manual for Charitable and Not-for-Profit Corporations (Thomson Reuters), a co-editor of Charities Legislation and Commentary (LexisNexis, 2020), and co-author of Branding and Copyright for Charities and Non-Profit Organizations (2019 LexisNexis). He is recognized as a leading expert by Lexpert, The Best Lawyers in Canada and Chambers and Partners. Mr. Carter is a member of CRA Advisory Committee on the Charitable Sector, and is a Past Chair of the Canadian Bar Association and Ontario Bar Association Charities and Not-for-Profit Law Sections.

Jane Marsland

Jane Marsland has been an articulate advocate for the arts for many years and has served on a wide range of boards, advisory groups and committees. Jane was co-founder and director of ARTS 4 CHANGE, a three-year program designed to create positive change for and by arts professionals in Toronto, as well as co-founder and Director of the Creative Trust: Working Capital for the Arts. Ms. Marsland has managed arts organizations since 1970 and was General Manager of the Danny Grossman Dance Company from 1982 to 1999.

Since 1999, Jane has been working as a free-lance arts consultant and has worked with more than 100 arts organizations. Recently, Jane worked with the Toronto Alliance for the Performing Arts and ARTS Action Research on a two-year community initiative, Theatres Leading Change Toronto involving 18 small and mid-sized theatre and dance organizations. Theatres Leading Change was designed to illuminate and better understand change: on an individual learning level; on a community co-learning level; and as a function of broad-based change that may hold within the possibility of paradigm change in the field.

She has been the recipient of two arts community awards: a “Harold” in 2001 and the Sandra Tulloch Award for Innovation in the Arts in 2002. In 1995, she received the first M. Joan Chalmers Award for Arts Administration for outstanding leadership in the arts. In 2011, she was the winner of the Toronto Arts Foundation’s Rita Davies and Margo Bindhardt Cultural Leadership Award. In 2012, Jane was awarded the first Metcalf Foundation Innovation Fellowship in the Arts to examine Shared Platforms and Charitable Venture Organizations and their applicability to the arts sector in Ontario. Jane was honoured as the recipient of the Silver Ticket at the Dora Mavor Moore Awards in 2017.

Cat Lovrics (Moderator)

Catherine (Cat) Lovrics is a Partner at Marks & Clerk Canada. Cat’s practice focuses on copyright law, as well as trademark, personality and publicity rights, as well as marketing and advertising, consumer protection and data and privacy laws. She specializes in emergent legal issues related to the Internet and digital media, in addition to traditional entertainment and media. Cat helps her clients protect, exploit and enforce their IP, and advises on clearance, rights acquisition and licensing. Her clients range from multinational and Canadian media companies to individual artists. Her experience spans a wide range of sectors, from creative industries to AI & emergent tech to consumables.

Artists’ Legal Advice Services (Co-Presenter)

ALAS’s mission is to empower Ontario’s creative community by providing access to summary legal advice, information and education. Learn more about their work here.

You read Kristina Lemieux’s bio here. We also recognize the contributions of Carol Hansell, who was unable to attend the live webinar but contributed important thinking to the development of the ideas presented here. You can read Carol’s bio here.

Find more posts related to boards on our Learnings + Explorations blog here.

Have a question or a reflection to share? Please email info@generatorto.com.