The Coming of the ONCA (We Hope) and What to Start Thinking About
The Coming of the ONCA (We Hope) and What to Start Thinking About
Special Senate Committee Update
May 2019 Charity & NFP Law Update
As discussed in the October 2018 Charity & NFP Law Update, the Special Senate Committee on the Charitable Sector (the “Committee”) launched an e-consultation with an online questionnaire for charities (the “e-consultation”) to complete to help the Committee better understand the challenges faced by the charitable and not-for-profit sector. On May 17, 2019, the Committee released its partial findings of the e-consultation.
The partial findings were based on the responses of 695 charitable and non-profit organizations across Canada. The e-consultation found that charitable and non-profit organizations were generally small, with approximately 65% of the respondents indicating that their organizations had 10 or fewer employees, and one-third of the respondents indicating that their organizations had only one to five employees. With respect to volunteers, the e-consultation found that organizations with no paid employees were most likely to indicate that they were “very concerned” with finding and keeping volunteers. The e-consultation also found that 51% of respondents did not collect data on senior management diversity, and 56% of respondents did not gather data on employee diversity.
The Committee’s published findings are based only on the results from the e-consultation, and are only partial findings to date. As the Committee has completed its consultation process, it is now in the process of preparing its full report, which is expected to be released in September 2019.
Legislation Update
May 2019 Charity & NFP Law update
Prince Edward Island Lobbyists Registration Act in Force
On April 1, 2019, Prince Edward Island’s Lobbyists Registration Act was proclaimed into force after receiving Royal Assent on December 20, 2017, as previously discussed in the February 2018 Charity & NFP Law Update. The Act applies to “in-house lobbyists”, who are generally employees paid to lobby public-office holders for their employer at least 50 hours every three months, and “consultant lobbyists”, who are paid by clients to lobby on behalf of that client. Pursuant to the Act, consultant lobbyists, in-house lobbyists employed by persons or partnerships, and a senior officer of organizations that employ in-house lobbyists are now required to file a return with the Registrar once every six months. The Act outlines the content requirements of the return for each filing individual in subsections 4(4), 6(4) and 7(4) respectively, and creates an offence for those who do not file returns, with a penalty of up to $25,000.
New Brunswick Updates Minimum Wage for Counsellor and Program Staff at Residential Summer Camps Regulation
On March 28, 2019, New Brunswick Regulation 2019-3, Minimum Wage for Counsellor and Program Staff at Residential Summer Camps Regulation (the “Minimum Wage Regulation”), was filed under the Employment Standards Act, and came into force on April 1, 2019, repealing the similar New Brunswick Regulation 2011-55. The Minimum Wage Regulation raises the minimum wage for “counsellors and program staff” employed at residential summer camps that have given notice to the Director in writing that they are charitable or non-profit organizations, provided that they operate during June, July, August or September and provide board and lodging for their counsellors and program staff. While minimum wage for counsellors and program staff will rise twice between April 1, 2019 and April 1, 2021, it is set equal to the weekly minimum wage payable under section 8 of the New Brunswick’s Minimum Wage Regulation as of April 1, 2022.
Implications of Ontario Budget Cuts for Ontario Not-For-Profits
May 2019 Charity & NFP Law Update
On April 11, 2019, the Ontario Government released the 2019 Budget (“Budget”), which included a number of financial measures that will result in a reduction in provincial government funding for many not-for-profits in Ontario. The Ontario Nonprofit Network (“ONN”) recently released a summary of the Budget, which provided the ONN’s perspective and views on the Budget for the not-for-profit sector in Ontario.
Any material reduction in government funding may have serious consequences concerning the viability of impacted charities and other not-for-profits. Boards of organizations facing either a reduction or an elimination of government funding will be faced with serious decisions and choices concerning the continued operation of their programs, or possibly even the continued existence of the organization itself. The purpose of this Bulletin is to provide an overview of some of the more important issues that charities and other not-for-profits facing imminent reduction or elimination of provincial government funding may need to consider.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 448.
Jane Burke-Robertson Award of Excellence in Charity and Not-For-Profit Law
May 2019 Charity & NFP Law Update
The CBA biannual Jane Burke-Robertson Award of Excellence in Charity and Not-For-Profit Law was awarded on May 6, 2019 at the CBA Charity Law Symposium to Terrance S. Carter. The award, which is named in memory of the late Jane Burke-Robertson in recognition of her many contributions to Canadian charity and not-for-profit law and commitment to the CBA, recognizes lawyers who have made a noted contribution and/or achievement in the development of charity and not-for-profit law in Canada.