Considering Going Into Business: The Social Enterprise Spectrum for Charities and NPOs
Presented by Terrance S. Carter at the CPA Not-for Profit Forum 2021 on Tuesday February 9, 2021
AML/ATF Update
February 2021 Charity & NFP Law Update
Public Safety Canada Updates List of Suspected Terrorist Groups
Further to an announcement released by Public Safety Canada on February 3, 2021, the Government of Canada has added 13 new groups to the list of terrorist entities under the Criminal Code. The list, maintained by the Governor in Council on the recommendation of the Minister of Public Safety and Emergency Preparedness pursuant to section 83.05 of the Criminal Code, sets out entities that the Government of Canada has reasonable grounds to believe have either knowingly participated in or facilitated a terrorist activity, or have knowingly acted on behalf of, at the direction of, or in association with such an entity.
The 13 new listed entities are: Atomwaffen Division, the Base, the Proud Boys, Russian Imperial Movement; three Al Qaida affiliates including Jama’at Nusrat Al-Islam Wal-Muslimin, Front de Libération du Macina, and Ansar Dine; and five Daesh affiliates, including Islamic State West Africa Province, Islamic State in the Greater Sahara, Islamic State in Libya, Islamic State East Asia, and Islamic State – Bangladesh; and Hizbul Mujahideen. These additions bring the total listed terrorist entities up to 73.
The Government of Canada is also required to review each listed entity every five years to determine whether they should remain on the list. In this regard, the following seven entities were reviewed, and will remain on the list: Al Qaida in the Arabian Peninsula, Al Qaida in the Indian Subcontinent, Al Shabaab, Islamic State – Khorasan Province, Al-Ashtar Brigades, and Fatemiyoun Division.
The CRA uses listings to support the denial or revocation of charitable status for organizations that maintain connections to listed entities. Charities involved in activities both inside and outside of Canada should therefore have adequate due diligence procedures in place to reduce the risk of unknowingly providing any kind of support to the listed entities.
January 2021 Charity & NFP Law Update
COVID-19 UPDATE
– COVID-19 Measures and Restrictions in Ontario
– COVID-19 Corporate Update
– COVID-19 Ontario Extends Infectious Disease Emergency Leave for Workplaces
– Ontario Church Unsuccessful in Bid for Interim Injunction Against COVID-19 Regulation
OTHER CHARITY AND NFP MATTERS
– CRA Publishes New and Updated Guidances for Charities
– Corporate Update
– Supreme Court Upholds Appeal Court Decision on Vicarious Liability
– Divisional Court Upholds Order for Election of Common Board by De Facto Members
– Long-Serving Radio Broadcaster Paid 21 Months in Lieu of Notice
– Ontario Occupiers’ Liability Act Amendments Receive Royal Assent
– Privacy Commissioner Report on eHealth Saskatchewan Cyberattack
– Unconscionability of a Standard Form Services Agreement
– Advisory Committee on the Charitable Sector Reviews Challenges Faced by Charities
– Ontario Launches 2021 Budget Consultation
– AML/ATF Update
Long Serving Radio Broadcaster Paid 21 Months in Lieu of Notice
COVID-19 Measures and Restrictions in Ontario
January 2021 Charity & NFP Law Update
Second Declaration of Emergency in Ontario, Enforcement and Stay-at-Home Orders
As discussed in the January 12, 2021 COVID-19 Resource for Charities and NFPs, the provincial government, in consultation with the Chief Medical Officer of Health, declared an emergency on January 12, 2021, in the whole of the Province of Ontario under section 7.0.1(1) of the Emergency Management and Civil Protection Act (“EMCPA”). Section 7.0.7 of the EMCPA provides that an emergency declared under section 7.0.1 is terminated at the end of the 14th day following its declaration unless the Lieutenant Governor in Council either declares it to be terminated or extends the emergency for one further period of no more than 14 days. As such, on January 25, 2021, the Ontario government filed Regulation 24/21 under the EMCPA, extending the emergency past the end of January 26, 2021 for a period of 14 days.
On January 13, 2021, the Ontario government filed Regulation 11/21, Stay-at- Home Order (“Stay-at-Home Order”) under the EMCPA. The Stay-at-Home Order took effect as of 12:01 a.m. on January 14, 2021 and, on January 25, 2021, pursuant to section 7.0.8 of the EMCPA, was extended to February 9, 2021. As discussed in the January 14, 2021 COVID-19 Resource for Charities and NFPs, the Stay-at-Home Order apples to individuals, generally, and Schedule 1 of the Stay-at-Home Order provides that every individual must remain in their place of residence at all times unless leaving their place of residence is necessary for purposes such as working or volunteering where the nature of the work or volunteering requires the individual to leave their place of residence (including when the individual’s employer has determined that the nature of the individual’s work requires attendance at the workplace), obtaining certain food and services, attending a gathering for the purpose of a wedding, a funeral or a religious service, rite or ceremony that is permitted pursuant to regulations under the ROA or making necessary arrangements for the purpose of such a gathering.
Extension of Orders and Amendments to Rules for Stages of Reopening
On January 15, 2021, the Ontario government extended a number of orders issued under the ROA until February 19, 2021 and amended Ontario Regulation 82/20, Rules for Areas in Stage 1 (“Stage 1 Order”). The Stage 1 Order, which currently applies to the whole of Ontario, has been amended so far four times since January 7, 2021, whereas Ontario Regulation 263/20, Rules for Areas in Stage 2 and Ontario Regulation 364/20, Rules for Areas in Stage 3 were previously amended on January 9, 2021.
As discussed in the January 14, 2021 COVID-19 Resource for Charities and NFPs, the Stage 1 Order, as amended by way of Ontario Regulation 10/21, filed on January 13, 2021, introduces a number of general requirements that apply to individuals and members of the public in the premises of a business or organization that is permitted to open, including the obligation to wear a mask or face covering and keep physical distancing.
The Stage 1 Order currently provides that “each person responsible for a business or organization that is open shall ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on-site at the workplace.” The Stage 1 Order also restricts in-person teaching or instruction for public and private schools, with special rules for those located in City of Hamilton Health Unit, City of Toronto Health Unit, Peel Regional Health Unit, Windsor-Essex County Health Unit, and York Regional Health Unit.