Legislation Update

Published on

June 25, 2015

Economic Action Plan 2015, No. 1
On June 24, 2015, Bill C-59, Economic Action Plan 2015 Act, No. 1 (“Economic Action Plan”) received
Royal Assent. The Economic Action Plan implements some of the income tax and related measures proposed in Budget 2015 on April 21, 2015, which contained a number of important measures of benefit
to the charitable and not-for-profit sector.
For more discussion of the impact of Bill C-59 and Budget 2015 on charities and not-for-profits, see
Federal Budget 2015: Impact on Charities, Charity Law Bulletin No. 363.
Anti-terrorism Act, 2015
Bill C-51, Anti-terrorism Act, 2015 received Royal Assent on June 18, 2015, after passing Third
Reading in the Senate without any significant amendments. Several of the provisions in the Act are now
in force, including the creation of a new Criminal Code offence that criminalizes the advocacy or
promotion of the commission of terrorism offences. The remainder of the provisions in the Act come
into force either 30 days after the Act received Royal Assent or on a day to be fixed by order of the
Governor in Council. In addition to introducing two new pieces of legislation, the Security of Canada
Information Sharing Act and the Secure Air Travel Act, Bill C-51 increases the powers given to the
Canadian Security Intelligence Service “to address threats to the security of Canada,” provides law
enforcement agencies with enhanced ability to disrupt terrorism offences and terrorist activity, makes it
easier for law enforcement agencies to detain suspected terrorists “before they can harm Canadians,”
creates new terrorism-related offences, and expands the sharing of information between government
institutions.
For a discussion of the impact of Bill C-51 on charities and not for profits, see The Impact of Bill C-51
on Charities and Not for Profits, Anti-Terrorism and Charity Law Bulletin No. 39.
Digital Privacy Act
On June 18, 2015, Bill S-4, the Digital Privacy Act, which amends the Personal Information Protection
and Electronic Documents Act (“PIPEDA”), was mostly proclaimed into force by Royal Assent. The
Act creates greater opportunity for organizations to disclose personal information to certain
organizations and individuals without the subject’s knowledge or consent. The Act also restricts
organizations from informing individuals that their personal information was shared with enforcement
and security agencies under certain circumstances. Consequences for not complying with the Act
include fines for failure to record and report breaches of security safeguards.
For more information on how Bill S-4 amends current legislation, see Charity Law Bulletin No. 341, by
Terrance S. Carter and Colin J. Thurston.

2015 Pre-Budget Consultations
On May 25, 2015, the federal government issued a news release announcing that the House of Commons
Standing Committee on Finance (the “Committee”) will hold its 2015 pre-budget consultations from
June 5 to August 7, 2015.
The themes for the 2015 pre-budget consultations are:

  • Productivity: What federal actions regarding health, education, tools, technology, the federal public
    service and supports for the involvement of all Canadians would improve Canada’s rate of
    productivity?
  • Infrastructure and communities: What federal actions would ensure that Canada’s communities have
    the infrastructure they need to support people and businesses, including in work, leisure and getting
    goods to market?
  • Jobs: What federal actions would support Canadian residents as they secure employment, adapt their
    skills to meet the evolving needs of employers, and move to locations where jobs exist?
  • Taxation: What federal actions in relation to personal and business taxation would result in the
    desired incentives for work, saving, spending, investment, job creation and other positive outcomes?

Prior to the announcement, the Committee had adopted a motion inviting the Standing Committee on
Finance of the next Parliament to consider submissions received during these pre-budget consultations
in the event that the upcoming federal election prevents the current Committee from tabling its prebudget consultation report. The pre-budget consultation report is traditionally compiled by the
Committee based on submissions it receives and is considered by the Minister of Finance in the
development of the new federal budget. As the federal budget normally impacts charities in some way,
any charities with proposals in mind are encouraged to participate in the pre-budget consultation
process.
Submissions must be no more than 2,000 words in length. They must be sent in electronic format to
[email protected] and received by the Committee no later than August 7, 2015, at 11:59 p.m.
EST.