by Dev User | Sep 29, 2021 | Uncategorized
Sept 2021 Charity & NFP Law Update
September 30, 2021 is the first National Day for Truth and Reconciliation, a time for reflection about the legacy of the residential school system in Canada. The day honours the lost children and survivors of residential schools, their families and communities. This federal statutory holiday falls on the same day as Orange Shirt Day, an Indigenous-led commemorative day to create meaningful discussion about the effects and legacies of residential schools and to affirm the survivors and those affected matter.
The National Day for Truth and Reconciliation is a response to Call to Action 80 from the Truth and Reconciliation Commission which called for a federal statutory day of commemoration. Parliament responded to this call to action by passing Bill C-5 An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), which received royal assent on June 3, 2021.
Links to reports from the National Centre for Truth and Reconciliation and to resources from the federal government have been included for those readers who wish to learn more.
Read the September 2021 Charity & NFP Law Update
by Dev User | Sep 29, 2021 | Charity & Not-for-Profit Law, Expertise, Uncategorized
Charity & NFP Law Bulletin No. 502, September 29, 2021.
by Dev User | Sep 29, 2021 | Uncategorized
Sept 2021 Charity & NFP Law Update
Ontarians are now required to provide proof of vaccination prior to entry into certain premises, as a result of the province’s implementation of a “vaccine passport” system that commenced on September 22, 2021. Ontario Regulation 645/21, which was filed on September 14, 2021, and Ontario Regulation 678/21, which was filed on September 24, 2021, amended Ontario Regulation 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step (“O Reg 364/20”) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Ontario Regulation 645/21 mandates proof of vaccination at certain non-essential venues in Ontario, some of which may be operated by charities and not-for-profits. Beyond including additional non-essential venues, Ontario Regulation 678/21 also amended O Reg 364/20 by easing capacity limits for select indoor and outdoor settings where proof of vaccination is required.
As a result of these amendments, those responsible for organizations operating areas listed in subsection 2.1(2) of Schedule 1 to O Reg 364/20 must require non-exempt patrons to provide proof of identification and of being “fully vaccinated” against COVID-19, as defined under subsection 2.1(5), at the point of entry. Of particular interest to charities and not-for-profits, areas which require proof of vaccination as set out under subsection 2.1(2) include “indoor areas of meeting and event spaces, including conference centres or convention centres” (although areas rented out for children’s camps, childcare and social services as set out in subsection 4(2) are excluded), as well as indoor areas of facilities used for sports and recreational fitness activities, together with indoor areas of concert venues, theatres and cinemas. Indoor areas of meeting and event spaces may increase capacity up to 50 per cent capacity or 10,000 people, whichever is less, for indoor events.
Organizations are also exempt from enforcing vaccine passport requirements in respect of patrons who are under 12; under 18 and entering a facility to actively participate in an organized sport; or have a documented medical reason for not being vaccinated, set out in a letter in the prescribed form from a physician or registered nurse in the extended class . Further exemptions exist for those attending a wedding service, rite or ceremony, or a funeral service, rite or ceremony, including where a meeting or event space is located “in a place of worship or in a funeral establishment, cemetery, crematorium or similar establishment […] for the purposes of attending a social gathering associated with a funeral service, rite or ceremony.”
According to guidance from the Ministry of Health, proof of vaccination includes a “vaccine receipt” such as the one provided by the Ministry of Health upon receipt of all requisite vaccinations, though individuals must wait 14 days after receiving their final dose before being considered fully vaccinated. Organizations verifying proof of vaccination must also verify patrons’ identification, but are not permitted to retain any information provided by patrons under O Reg 364/20. The province has also announced that it will be introducing an “enhanced digital vaccine receipt” that features a QR code for organizations to scan, to reduce the amount of information that is disclosed to organizations, and which is anticipated to be available for use as of October 22, 2021.
While O Reg 364/20 explicitly lists settings for which vaccine passports are mandatory, organizations that run facilities excluded from mandatory proof of vaccination under O Reg 364/20 may still consider the use of vaccination policies, which are discussed in greater detail in Charity & NFP Law Bulletin No. 503, above.
Read the September 2021 Charity & NFP Law Update
Sept 2021 Charity & NFP Law Update
Ontarians are now required to provide proof of vaccination prior to entry into certain premises, as a result of the province’s implementation of a “vaccine passport” system that commenced on September 22, 2021. Ontario Regulation 645/21, which was filed on September 14, 2021, and Ontario Regulation 678/21, which was filed on September 24, 2021, amended Ontario Regulation 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step (“O Reg 364/20”) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Ontario Regulation 645/21 mandates proof of vaccination at certain non-essential venues in Ontario, some of which may be operated by charities and not-for-profits. Beyond including additional non-essential venues, Ontario Regulation 678/21 also amended O Reg 364/20 by easing capacity limits for select indoor and outdoor settings where proof of vaccination is required.
As a result of these amendments, those responsible for organizations operating areas listed in subsection 2.1(2) of Schedule 1 to O Reg 364/20 must require non-exempt patrons to provide proof of identification and of being “fully vaccinated” against COVID-19, as defined under subsection 2.1(5), at the point of entry. Of particular interest to charities and not-for-profits, areas which require proof of vaccination as set out under subsection 2.1(2) include “indoor areas of meeting and event spaces, including conference centres or convention centres” (although areas rented out for children’s camps, childcare and social services as set out in subsection 4(2) are excluded), as well as indoor areas of facilities used for sports and recreational fitness activities, together with indoor areas of concert venues, theatres and cinemas. Indoor areas of meeting and event spaces may increase capacity up to 50 per cent capacity or 10,000 people, whichever is less, for indoor events.
Organizations are also exempt from enforcing vaccine passport requirements in respect of patrons who are under 12; under 18 and entering a facility to actively participate in an organized sport; or have a documented medical reason for not being vaccinated, set out in a letter in the prescribed form from a physician or registered nurse in the extended class . Further exemptions exist for those attending a wedding service, rite or ceremony, or a funeral service, rite or ceremony, including where a meeting or event space is located “in a place of worship or in a funeral establishment, cemetery, crematorium or similar establishment […] for the purposes of attending a social gathering associated with a funeral service, rite or ceremony.”
According to guidance from the Ministry of Health, proof of vaccination includes a “vaccine receipt” such as the one provided by the Ministry of Health upon receipt of all requisite vaccinations, though individuals must wait 14 days after receiving their final dose before being considered fully vaccinated. Organizations verifying proof of vaccination must also verify patrons’ identification, but are not permitted to retain any information provided by patrons under O Reg 364/20. The province has also announced that it will be introducing an “enhanced digital vaccine receipt” that features a QR code for organizations to scan, to reduce the amount of information that is disclosed to organizations, and which is anticipated to be available for use as of October 22, 2021.
While O Reg 364/20 explicitly lists settings for which vaccine passports are mandatory, organizations that run facilities excluded from mandatory proof of vaccination under O Reg 364/20 may still consider the use of vaccination policies, which are discussed in greater detail in Charity & NFP Law Bulletin No. 503, above.
Read the September 2021 Charity & NFP Law Update
Sept 2021 Charity & NFP Law Update
Ontarians are now required to provide proof of vaccination prior to entry into certain premises, as a result of the province’s implementation of a “vaccine passport” system that commenced on September 22, 2021. Ontario Regulation 645/21, which was filed on September 14, 2021, and Ontario Regulation 678/21, which was filed on September 24, 2021, amended Ontario Regulation 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step (“O Reg 364/20”) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Ontario Regulation 645/21 mandates proof of vaccination at certain non-essential venues in Ontario, some of which may be operated by charities and not-for-profits. Beyond including additional non-essential venues, Ontario Regulation 678/21 also amended O Reg 364/20 by easing capacity limits for select indoor and outdoor settings where proof of vaccination is required.
As a result of these amendments, those responsible for organizations operating areas listed in subsection 2.1(2) of Schedule 1 to O Reg 364/20 must require non-exempt patrons to provide proof of identification and of being “fully vaccinated” against COVID-19, as defined under subsection 2.1(5), at the point of entry. Of particular interest to charities and not-for-profits, areas which require proof of vaccination as set out under subsection 2.1(2) include “indoor areas of meeting and event spaces, including conference centres or convention centres” (although areas rented out for children’s camps, childcare and social services as set out in subsection 4(2) are excluded), as well as indoor areas of facilities used for sports and recreational fitness activities, together with indoor areas of concert venues, theatres and cinemas. Indoor areas of meeting and event spaces may increase capacity up to 50 per cent capacity or 10,000 people, whichever is less, for indoor events.
Organizations are also exempt from enforcing vaccine passport requirements in respect of patrons who are under 12; under 18 and entering a facility to actively participate in an organized sport; or have a documented medical reason for not being vaccinated, set out in a letter in the prescribed form from a physician or registered nurse in the extended class . Further exemptions exist for those attending a wedding service, rite or ceremony, or a funeral service, rite or ceremony, including where a meeting or event space is located “in a place of worship or in a funeral establishment, cemetery, crematorium or similar establishment […] for the purposes of attending a social gathering associated with a funeral service, rite or ceremony.”
According to guidance from the Ministry of Health, proof of vaccination includes a “vaccine receipt” such as the one provided by the Ministry of Health upon receipt of all requisite vaccinations, though individuals must wait 14 days after receiving their final dose before being considered fully vaccinated. Organizations verifying proof of vaccination must also verify patrons’ identification, but are not permitted to retain any information provided by patrons under O Reg 364/20. The province has also announced that it will be introducing an “enhanced digital vaccine receipt” that features a QR code for organizations to scan, to reduce the amount of information that is disclosed to organizations, and which is anticipated to be available for use as of October 22, 2021.
While O Reg 364/20 explicitly lists settings for which vaccine passports are mandatory, organizations that run facilities excluded from mandatory proof of vaccination under O Reg 364/20 may still consider the use of vaccination policies, which are discussed in greater detail in Charity & NFP Law Bulletin No. 503, above.
Read the September 2021 Charity & NFP Law Update
Sept 2021 Charity & NFP Law Update
Ontarians are now required to provide proof of vaccination prior to entry into certain premises, as a result of the province’s implementation of a “vaccine passport” system that commenced on September 22, 2021. Ontario Regulation 645/21, which was filed on September 14, 2021, and Ontario Regulation 678/21, which was filed on September 24, 2021, amended Ontario Regulation 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step (“O Reg 364/20”) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Ontario Regulation 645/21 mandates proof of vaccination at certain non-essential venues in Ontario, some of which may be operated by charities and not-for-profits. Beyond including additional non-essential venues, Ontario Regulation 678/21 also amended O Reg 364/20 by easing capacity limits for select indoor and outdoor settings where proof of vaccination is required.
As a result of these amendments, those responsible for organizations operating areas listed in subsection 2.1(2) of Schedule 1 to O Reg 364/20 must require non-exempt patrons to provide proof of identification and of being “fully vaccinated” against COVID-19, as defined under subsection 2.1(5), at the point of entry. Of particular interest to charities and not-for-profits, areas which require proof of vaccination as set out under subsection 2.1(2) include “indoor areas of meeting and event spaces, including conference centres or convention centres” (although areas rented out for children’s camps, childcare and social services as set out in subsection 4(2) are excluded), as well as indoor areas of facilities used for sports and recreational fitness activities, together with indoor areas of concert venues, theatres and cinemas. Indoor areas of meeting and event spaces may increase capacity up to 50 per cent capacity or 10,000 people, whichever is less, for indoor events.
Organizations are also exempt from enforcing vaccine passport requirements in respect of patrons who are under 12; under 18 and entering a facility to actively participate in an organized sport; or have a documented medical reason for not being vaccinated, set out in a letter in the prescribed form from a physician or registered nurse in the extended class . Further exemptions exist for those attending a wedding service, rite or ceremony, or a funeral service, rite or ceremony, including where a meeting or event space is located “in a place of worship or in a funeral establishment, cemetery, crematorium or similar establishment […] for the purposes of attending a social gathering associated with a funeral service, rite or ceremony.”
According to guidance from the Ministry of Health, proof of vaccination includes a “vaccine receipt” such as the one provided by the Ministry of Health upon receipt of all requisite vaccinations, though individuals must wait 14 days after receiving their final dose before being considered fully vaccinated. Organizations verifying proof of vaccination must also verify patrons’ identification, but are not permitted to retain any information provided by patrons under O Reg 364/20. The province has also announced that it will be introducing an “enhanced digital vaccine receipt” that features a QR code for organizations to scan, to reduce the amount of information that is disclosed to organizations, and which is anticipated to be available for use as of October 22, 2021.
While O Reg 364/20 explicitly lists settings for which vaccine passports are mandatory, organizations that run facilities excluded from mandatory proof of vaccination under O Reg 364/20 may still consider the use of vaccination policies, which are discussed in greater detail in Charity & NFP Law Bulletin No. 503, above.
Read the September 2021 Charity & NFP Law Update
by Dev User | Sep 29, 2021 | Uncategorized
Sept 2021 Charity & NFP Law Update
The case of Hofer v Hofer et al., decided by the Court of Queen’s Bench of Manitoba, provides an example of when the court will intervene in the affairs of a voluntary association. The decision, delivered on August 3, 2021, considered, among other things, if the court had jurisdiction to adjudicate the alleged breach of trust by the voluntary association’s sole officer and trustee.
The Rainbow Colony of Hutterian Brethren (“Rainbow”) was a voluntary association operating a large mixed farm through several corporations. For many years it had been operated and directed by Cornelius Hofer Senior (the “Father”) with the assistance of one of his sons, Rodney Hofer (the “Respondent”). After the Father passed away in 2018, the Respondent was the sole officer and trustee of Rainbow, the voluntary association, and the only one in control of Rainbow’s members’ income as trustee. Through a series of events, the Respondent made financial and business decisions which put his personal interests before the interests of other members and beneficiaries of Rainbow. Two other sons, Cornelius Hofer Junior and Gerald Hofer (the “Applicant Brothers”), who disagreed with the Respondent’s actions, were eventually excluded from membership in Rainbow. The Applicant Brothers then brought an application to the court alleging that the Respondent engaged in conduct that amounted to a breach of trust.
The Respondent submitted that the court had no jurisdiction to adjudicate the matters raised by the Applicant Brothers, because Rainbow is a voluntary association, relying on the decision of the Supreme Court of Canada (“SCC”) in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v Wall (“Wall”), discussed in Church Law Bulletin No. 54. In Wall, the SCC held that there are limits to the court’s authority to review decisions of voluntary associations. The SCC noted that judicial review is reserved for state action, there is no free-standing right to procedural fairness, and that even where judicial review is available, the court can consider only those issues that are justiciable. The Respondent claimed that the SCC decisions in Wall, Lakeside Colony of Hutterian Brethren v Hofer (“Lakeside”), and Aga v Ethiopian Orthodox Tewahedo Church of Canada (“Aga”) applied to this case.
The court, however, asked whether this case involved a mere breach of a Rainbow custom, or if it was instead a violation of a legal right sufficiently important to warrant judicial intervention. The circumstances in Wall, Lakeside and Aga were distinguishable from the circumstances which occurred at Rainbow. The court found that this case was about legal rights affected by the Respondent’s administration of a trust and related property. Additionally, the court concluded that even if the analysis from Wall, Lakeside, and Aga applied, it would have found the legal rights of the Applicant Brothers to be sufficiently important to warrant court intervention and justiciable. Since the case was about allegations of breach of trust by a trustee, the court had jurisdiction to decide the case. The court ultimately concluded that the Respondent was in a conflict of interest and that he failed to place the interests of beneficiaries above his own.
Charities and not-for-profits that organize as unincorporated associations should take note of this case, which demonstrates that certain conflicts between members may rise to the level where a court finds judicial intervention is warranted for violation of a legal right. For example, where an officer of the association is in the position of a trustee of property for the association as a whole and breaches that trust, judicial intervention may be justified. Especially where an individual’s legal rights are at risk, the court may find it necessary to intervene.
Read the September 2021 Charity & NFP Law Update
by Dev User | Sep 29, 2021 | Charity & Not-for-Profit Law, Employment Law, Expertise
Sept 2021 Charity & NFP Law Update
We are in the midst of an unprecedented situation for employment law in Ontario as the COVID-19 pandemic continues, and public health guidance recommends vaccination policies for workplaces. Charities and not-for-profits in the province must consider the legal responsibilities for employers to manage the workplace, the rights of employees and the risks involved when implementing vaccination policies for COVID-19. From the outset, we must remind readers that this Carters’ Bulletin is not a legal opinion and involves a discussion that is largely untested in courts and tribunals, with laws that are still to be interpreted and are likely to change in the near future. We cannot be certain where things are headed, but there are “signposts” that indicate a likely direction. As mandatory COVID-19 “vaccine passports” are implemented province-wide and employers institute vaccine policies in the workplace, it is important to be aware of the interacting issues to be able to make informed decisions. This Bulletin offers a high-level overview of the legal areas that are engaged by COVID-19 vaccination policies and discusses the broad implications for charities and not-for-profits to consider in the employment context.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 503.
Read the September 2021 Charity & NFP Law Update
Ontario COVID-19 Vaccination Policies: Important Legal Issues for Employers
Sept 2021 Charity & NFP Law Update
Published on September 29, 2021
By Barry W. Kwasniewski, Adriel N. Clayton and Martin U. Wissmath
We are in the midst of an unprecedented situation for employment law in Ontario as the COVID-19 pandemic continues, and public health guidance recommends vaccination policies for workplaces. Charities and not-for-profits in the province must consider the legal responsibilities for employers to manage the workplace, the rights of employees and the risks involved when implementing vaccination policies for COVID-19. From the outset, we must remind readers that this Carters’ Bulletin is not a legal opinion and involves a discussion that is largely untested in courts and tribunals, with laws that are still to be interpreted and are likely to change in the near future. We cannot be certain where things are headed, but there are “signposts” that indicate a likely direction. As mandatory COVID-19 “vaccine passports” are implemented province-wide and employers institute vaccine policies in the workplace, it is important to be aware of the interacting issues to be able to make informed decisions. This Bulletin offers a high-level overview of the legal areas that are engaged by COVID-19 vaccination policies and discusses the broad implications for charities and not-for-profits to consider in the employment context.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 503.
Read the September 2021 Charity & NFP Law Update
