Mitigating Financial Losses and Navigating the Courts During COVID-19

Charity & NFP Law Bulletin No. 476

The COVID-19 pandemic has had a yet undetermined, but significant, impact on charities and NFPs. As the provinces, and Ontario in particular, move to new stages of the reaction to COVID-19, much of the initial emergency financial assistance and relief will likely soon come to an end. It is yet unknown what provincial and federal governments will do during these next stages, but it is almost certain that there will be ‘growing pains’ as both society and the economy start to slowly gear back up. Charities and NFPs, as well as businesses, will all need to carefully review how to mitigate the impact of COVID-19 on their organizations during this period. However, with proactive strategy and legal assistance, it is possible to minimize the risks and potential losses. This Bulletin reviews some of the strategies in this regard that charities and NFPs may want to consider in conjunction with their legal counsel, and provides an update on what is happening in the courts in Ontario during COVID-19.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 476.


Read the June 2020 Charity & NFP Law Update

Federal Government Launches 2021 Pre-Budget Consultations

June 2020 Charity & NFP Law Update

The House of Commons Standing Committee on Finance (the “Committee”) published a News Release on June 12, 2020, launching its annual pre-budget consultation process in preparation of the 2021 Federal Budget. As usual, Canadians are invited to share their priorities for the next budget. Given the widespread effects that the COVID-19 pandemic has had on the Canadian economy, the Committee has indicated that it is particularly interested in receiving submissions on “measures the federal government could take to restart the Canadian economy, as it recovers from the COVID-19 pandemic.” Written submissions and recommendations can be made online to the Committee until Friday, August 7, 2020. After considering the submissions, a report will be tabled in the House of Commons in December 2020.


Read the June 2020 Charity & NFP Law Update

CRA News

June 2020 Charity & NFP Law Update

CA Filing Deadlines for Corporations and Trusts Extended

In a new release dated May 25, 2020, the CRA acknowledged the impact of the COVID-19 pandemic on Canadian businesses and tax preparers, and indicated that the extension of certain filing deadlines to provide support to Canadians. As mentioned in the April 2020 Charity & NFP Law Update, the filing deadline for T3010 Registered Charity Information Returns originally due between March 18, 2020 and December 31, 2020 has also been extended to December 31 2020.

The filing date for T2 Corporation Income Tax Returns due in June, July or August has been extended to September 1, 2020. In addition, any income tax balance due between March 18 and September 1 will also be due on September 1, 2020.

The filing date for T3 Trust Income Tax Returns due in June, July or August, has also been extended to September 1, 2020, with income tax balances due between March 18 and September also due by September 1, 2020.

Further, the CRA’s Income tax filing and payment deadlines webpage indicates that the filing date for other information returns, including the T1044 Non-Profit Organization (NPO) Information Return, which must be filed by non-profit organizations under paragraph 149(1)(l) of the Income Tax Act (“ITA”), has also been extended to September 1, 2020 where those returns were otherwise due in June, July or August. As with the T2 and T3, income tax balances due between March 18 and September are also due by September 1, 2020.

To avoid penalties and interest, the above returns should be filed with CRA and all payments made by their respective filing dates, unless otherwise extended.


Read the June 2020 Charity & NFP Law Update

New Infectious Disease Emergency Leave Provides Relief to Ontario Employers

COVID-19 Resource for Charities & NFPs

The Ontario government filed Regulation 228/20, Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) on May 29, 2020, providing an unpaid job-protected Infectious Disease Emergency Leave to non-unionized employees whose employers have temporarily reduced or eliminated their hours of work. The Regulation provides employers, including charities and NFPs, with temporary relief from the ESA’s provisions regarding termination, severance and constructive dismissal for non-unionized employees, including “assignment employees.” This temporary relief is retroactive to March 1, 2020 and will expire six (6) weeks after the declared emergency ends.

For additional information, please see COVID-19 Resource for Charities & NFPs: New Infectious Disease Emergency Leave Provides Relief to Ontario Employers.


Read the June 2020 Charity & NFP Law Update

COVID-19 Rent Relief for Commercial Landlords and Tenants

Charity & NFP Law Bulletin No. 475

To provide rent assistance for commercial landlords and tenants impacted by the COVID-19 pandemic, the federal government, in partnership with provincial and territorial governments, announced the creation of the Canada Emergency Commercial Rent Assistance (“CECRA”) for small businesses on April 24, 2020. Relief under CECRA would be available for charities and NFPs, whether they are commercial landlords or small business tenants, provided that both the landlord and tenant meet the program’s eligibility requirements, discussed below.

In addition to financial assistance through CECRA, the Ontario government also passed Bill 192, Protecting Small Business Act, 2020 (“Bill 192”) on June 18, 2020. Bill 192 amends Ontario’s Commercial Tenancies Act to temporarily protect tenants, including charities and NFPs, from being evicted or locked out, and from having their assets seized by their landlords, even if they have defaulted on their rent payments. This Bulletin outlines the temporary relief provided to charities and NFPs as both landlords and tenants through CECRA and Bill 192.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 475.


Read the June 2020 Charity & NFP Law Update