February 2020 Charity & NFP Law Update

Terrance S. Carter

Legislation Update

Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)

On February 24, 2020, Bill C-7, An Act to amend the Criminal Code (medical assistance in dying) (“Bill C-7”) was introduced in the House of Commons and is legislation that may impact hospitals and other health-related charities. Bill C-7 states in its preamble that it is the Government of Canada’s response to the Superior Court of Québec decision in Truchon v Attorney General of Canada on September 11, 2019, which declared the Criminal Code requirement that “natural death has become reasonably foreseeable” and Quebec Act respecting end-of-life requirement that the person “be at the end of life” to be of no force or effect for violating several provisions of the Canadian Charter of Rights and Freedoms.

If passed, Bill C-7 would amend the Criminal Code to repeal the requirement that a person’s natural death be reasonably foreseeable in order for that person to be eligible for medical assistance in dying, specify that persons whose sole underlying medical condition is a mental illness are not eligible for medical assistance in dying, create safeguards before medical assistance in dying may be provided, permit medical assistance in dying to a person who has lost the capacity to consent as long as it is on the basis of a prior agreement entered into with the medical practitioner or nurse practitioner providing medical assistance in dying, among other amendments.

Ontario Bill 175, Connecting People to Home and Community Care Act, 2020

On February 25, 2020, Bill 175, Connecting People to Home and Community Care Act, 2020 (“Bill 175”) was introduced at the Legislative Assembly of Ontario and carried after first reading. If passed, Bill 175 will amend the Connecting Care Act, 2019 and Ministry of Health and Long-Term Care Act, provide for a transitional repeal of the Home Care and Community Services Act, 1994, among a number of consequential amendments to other provincial acts. Bill 175 will replace all references to “integrated care delivery systems” in the Connecting Care Act, 2019, discussed in the April 2019 Charity & NFP Law Update, with references to “Ontario Health Teams”, which is the terminology used by all stakeholders. Of note, Bill 175 would open the door for Ontario Health to authorize a health service provider or Ontario Health Team to govern the funding and oversight of home and community care services.

On the same date, the Minister of Health, recognizing that “home and community care is part of an integrated system and is not a stand-alone service”, released a consultation on proposed regulations under the Connecting Care Act, 2019 and other legislation in anticipation of the enactment of Bill 175. The consultation is open until April 14, 2020.

Ontario Bill 136, Provincial Animal Welfare Services Act, 2019 Now Proclaimed

On January 1, 2020, a number of provisions of the Provincial Animal Welfare Services Act, 2019 (“PAWS-2019”) came into force by proclamation, repealing the Ontario Society for the Prevention of Cruelty to Animals Act and making consequential amendments to the Animal Health Act, 2009 and the Dog Owners’ Liability Act. As discussed in the November 2019 Legislation Update, PAWS-2019 was introduced as a result of the Ontario Superior Court of Justice decision in Bogaerts v Attorney General of Ontario, discussed in the January 2019 Charity & NFP Law Update and the June 2019 Legislation Update, with regard to the constitutionality of the government’s delegation of search and seizure powers to a private organization, the Ontario Society for the Prevention of Cruelty to Animals. Of note, PAWS-2019 provides for the appointment of a Chief Animal Welfare Inspector and deputy Chief Animal Welfare Inspectors, with statutory powers to investigate offences under the legislation, apply for warrants, when appropriate, as well as other enforcement powers. 

Read the February 2020 Issue

Competition Bureau’s Role in Digital Advertising: Implications for Charities and Not-for-Profits
CRA News
-  Excise and GST/HST News No. 107
-  CRA Introduces Digital Processes for Authorizations
-  CRA Charities and Information Sessions and Webinars
CAGP Provides Update on Gifts of Life Insurance in B.C.
Legislation Update 
-  Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
-  Ontario Bill 175, Connecting People to Home and Community Care Act, 2020
-  Ontario Bill 136, Provincial Animal Welfare Services Act, 2019 Now Proclaimed
Donation Receipts Signed by and in Favour of Charity Officer Denied
Tax Court of Canada Rejects Charitable Donation Scheme… Again
Ontario Court Rules on Trusts in Scouts Land Ownership Dispute
One Incident of Sexual Harassment Justified Termination for Cause
BC Court Finds Indigenous Ceremonies in School Did Not Violate Freedom of Religion
Ministry of Health Revokes its Hospital Naming Directive
Recent Issues in Privacy: Case Law Update
New Canadian UDRP Provider for Resolving Domain Name Disputes
Anti-Terrorism/Money Laundering Update 
-   Further Amendments to Regulations under the PCMLTFA
-   US 2020 National Strategy for Combating Terrorist and Other Illicit Financing
-   UN Working Paper on Impact of Counter-terrorism Legislation on Humanitarian Action
Essential Trademark Issues for Charity and Not-For-Profit Lawyers
Theresa L.M. Man Named to CRA Technical Issues Working Group