by Dev User | Mar 25, 2021 | Uncategorized
March 2021 Charity & NFP Law Update
The House of Commons Standing Committee on Foreign Affairs and International Development (the “Committee”) released its report, “Part 1 of A Study on the Aftershocks of the COVID-19 Pandemic—The Humanitarian Burden: Ensuring A Global Response and Reaching the Most Vulnerable”, in February 2021 (the “Report”).
Prior to preparing the Report, the Committee heard from a number of individuals and organizations, including representatives from the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, World Vision Canada and UNICEF Canada, among others.
The Report makes ten recommendations to the Federal Government. The Report recommends, among others, that Canada play a lead role in the global response to COVID‑19, increase its contribution to international humanitarian appeals in line with growing demands on the humanitarian system, and to “take immediate steps to ensure that a diverse range of Canadian civil society organizations, including small and medium-sized organizations and those that are new and long-established partners, can apply for and receive federal funding to deliver international assistance as part of the global response to COVID‑19 and related humanitarian appeals, and that the associated application and approval processes reflect the principles of timeliness, flexibility, partnership, efficiency, cost‑effectiveness, innovation, and accountability”.
As well, Recommendation 7 of the Report, joins the increasing calls for reform of the administrative requirements around direction and control, calling for the Government of Canada to “take immediate steps to fix the serious problems with the current direction and control regime as it pertains to international development, recognizing that this regime impedes important international development work and perpetuates colonial structures of donor control”. For more on the issues with and increasing calls for reform to the direction and control regime, see Charity & NFP Law Bulletin No. 488.
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by Dev User | Mar 25, 2021 | Uncategorized
March 2021 Charity & NFP Law Update
On February 17, 2021, the Minister of Families, Children and Social Development and the Minister of International Development published “Moving forward together: Canada’s 2030 Agenda National Strategy” (the “Update”), which provides an update on Canada’s progress in implementing the United Nations’ 2030 Agenda for Sustainable Development (“UN 2030 Agenda”). The UN 2030 Agenda is a call to action outlining 17 sustainable development goals (“SDGs”) aiming to end poverty, protect the planet and promote peace and prosperity for all people, through co-operation between governments, civil society and the private sector.
In this regard, the Update provides an update on Canada’s progress in implementing the federal government’s 30 actions to advance the UN 2030 Agenda that were previously outlined in “Towards Canada’s 2030 Agenda National Strategy” released by the Federal Government in June 2019 (“National Strategy”) to meet Canada’s commitment to the UN 2030 Agenda. The National Strategy describes a “whole-of-society approach to achieving the SDGs” built on core principles of inclusiveness, diversity, dignity, respect, fairness and opportunity for everyone.
The Update recognizes that the not-for-profit and voluntary sector is “central to achieving the SDGs at home and abroad [and] community-based and philanthropic groups are at the centre of much of that work across Canada.” The Update also states that local, national and international non-profit work helps to meet the UN 2030 Agenda by improving environmental health, reducing marginalization to achieve greater equity, and allying with partners for peace and justice. Innovation by community-based and non-profit groups “generate benefits in Canada and in other countries, particularly developing ones.” Local not-for-profit organizations help foster partnerships together with businesses and research institutions to “move the needle on issues no one actor could address alone.”
The Update reports that Canada is “On track” to meet 23 of the 30 actions set out in the National Strategy and the other 7 require additional time and attention due to the complexity of the challenges involved. Action #26 has the objective of enhancing collaboration between the non-profit sector, government, business and research communities to “support the development of new and innovative partnerships, approaches and breakthroughs to advance multiple SDGs.” Progress is aided by the SDG Funding Program, which includes $11.3 million for 32 organizations in 2020–21, including not-for-profit organizations, to help develop “new and innovative partnerships.”
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by Dev User | Mar 25, 2021 | Uncategorized
March 2021 Charity & NFP Law Update
An Ontario physician received disciplinary cautions for posting tweets from a personal account challenging public health advice and regulations for the COVID-19 pandemic. The College of Physicians and Surgeons of Ontario published the February 3, 2021 decisions last month from its Inquiries, Complaints and Reports Committee (“ICRC”), finding that a physician’s comments on Twitter presented a “possible risk to public health.” The ICRC oversees investigations into physicians’ “care and conduct” in Ontario, and “inquiries into a physician’s capacity to practise” in the province. This situation demonstrates the importance for registered charities and not-for-profit organizations of having a comprehensive social media policy in place. A well drafted social media policy allows registered charities and not-for-profit organizations to protect themselves from liability and reputational damage by outlining guidelines and expectations for the online conduct of their employees and volunteers, whether at or outside the workplace, and subject them to disciplinary action if they fail to comply.
Complaints to the ICRC described tweets and re-tweets by the physician with concerns that she was “willfully spreading false and misleading information regarding COVID-19 that goes directly against the advice and recommendations of local, provincial and federal medical/science and public health authorities.” Some of the physician’s social media comments cast doubts on the seriousness of the pandemic, the effectiveness of vaccines or personal protection such as masks compared with other possible treatments, as well as the necessity of lockdown regulations. These comments by a licensed physician, which undermined the official public health message, were “inappropriate and unprofessional” according to the ICRC.
The ICRC rejected the physician’s argument that her tweets were from a personal account that had no affiliation with her practice. Her Twitter biography “makes it very clear that she is a physician and also identifies her as the leader of a group of physicians,” the ICRC noted, adding that her tweets were accessible by the public, and that “members of the public who are not healthcare professionals are likely to attribute significant weight and authority” to her messages, because of her profession. Further, posting re-tweets are no different from authoring tweets, the ICRC found, because “both indicate an endorsement of the information.” Physicians are required to use social media responsibly in either context, the ICRC stated. The physician has appealed to the Health Professions Appeal and Review Board, as well as commenced an application for judicial review in the Divisional Court.
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by Dev User | Mar 25, 2021 | Uncategorized
March 2021 Charity & NFP Law Update
Calculating the impact of COVID-19 on an employee’s reasonable notice period or pay-in-lieu of notice must consider the outlook that was available at the time employment was terminated, according to a recent ruling of the Ontario Superior Court. Iriotakis v Peninsula Employment Services Limited (“Iriotakis”), a February 9, 2021 judgment, offers some of the first commentary by an Ontario court concerning the effect of the ongoing pandemic on the legal principles of common law reasonable notice which can result from wrongful dismissal suits by employees. Iriotakis does not provide a bright-line rule on the issue, but the judgment does offer some guidelines as a precedent for future decisions to consider. Employers of registered charities and not-for-profit organizations will want to follow the development of the law in this matter, as pay-in-lieu of notice can become expensive where lengthy reasonable notice periods are awarded. Iriotakis also involves the calculation of damages for pay-in-lieu, with reasons given concerning how the Canada Emergency Response Benefit (CERB) might affect what an employee is entitled to receive.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 490.
Read the March 2021 Charity & NFP Law Update
by Dev User | Mar 25, 2021 | Charity & Not-for-Profit Law, Employment Law, Expertise
CHARITY & NFP LAW BULLETIN NO. 490
