Jun 2018 Charity & NFP Law update
Bill C-74, Budget Implementation Act, 2018, No. 1 Receives Royal Assent
On June 21, 2018, Bill C-74, Budget Implementation Act, 2018, No. 1 (“Bill C-74”) received Royal Assent. Bill C-74 implements certain measures proposed in the 2018 Federal Budget (“Budget 2018”), some of which impact the charitable and not-for-profit sector, as discussed in March 2018 Charity & NFP Update and in Charity & NFP Law Bulletin No. 417. The amendments introduced by Bill C-74 include amended definitions of “eligible donee” under s. 188(1.3) of the Income Tax Act (“ITA”) and of “qualified donee” under s. of the 149.1(1) ITA.
Federal Safe Food for Canadians Regulations Published
On May 30, 2018 new Safe Food for Canadians Regulations (the “Regulations”) were published in the Canada Gazette. Subdivision C of the Regulations contains a prohibition on the purchase, sale, conveyance and import of fresh fruits and vegetables from one province to another, but it also contains an exception for registered charities as defined in s. 248(1) of the ITA as well as clubs, societies or associations described in s. 149(1)(l) of the ITA.
Pre-Budget Consultations for 2019 Budget
On June 4, 2018, the House of Commons Standing Committee on Finance (the “Committee”) published a News Release launching its annual pre-budget consultations in advance of the 2019 Federal Budget. The 2019 Federal Budget focuses on the theme of “Economic Growth: Ensuring Canada’s Competitiveness.” Written submissions and recommendations can be made online to the Committee until Friday, August 3, 2018.
Mandatory Breach Reporting under Alberta’s Health Information Act Coming into Force
On May 8, 2018, Alberta’s Lieutenant Governor’s Order in Council 120/2018 set August 31, 2018 as the date for the coming into force of the mandatory breach notification requirements pursuant to the Health Information Amendment Regulation enacted under Alberta’s Health Information Act (“HIA”) previously passed under the Statutes Amendment Act, 2014 in May 2014. Once in force, Alberta’s health custodians will be required to notify individuals whose health information has been subject to a privacy breach, as well as notify the Information and Privacy Commissioner and the Minister of Health if there is a risk of harm to the individual. The regulations set out the factors that must be considered by health custodians in determining whether there is a risk of harm to an individual. These factors include whether there is a reasonable basis to believe that the information has been or may be accessed by or disclosed to a person, that it has been or will be misused, that it could be used for identity theft or fraud, that it will cause embarrassment or harm, that it will damage the individual’s reputation, or that it could adversely affect the provision of a health service to the individual.