Legislation Update
Feb 2019 Charity & NFP Law Update
Federal Budget to be Tabled on March 2019
In a news release published by the Department of Finance on February 20, 2019, Finance Minister Bill Morneau announced that the Federal Budget of 2019 (“Budget 2019”) will be tabled on March 19, 2019. Federal budgets in previous years have usually contained proposals for legislative and policy amendments that have impacted charities and not-for-profits, and Budget 2019 will likely be no different. Of particular interest to charities and not-for-profits are possible legislative and policy changes arising out of the 2018 Fall Economic Statement (“Economic Statement”). In this regard, the Economic Statement proposed new initiatives to support non-profit journalism and news organizations (which were previously proposed in the 2018 Federal Budget), establishing a permanent Advisory Committee on the Charitable Sector, as well as a Social Finance Fund to benefit charitable, non-profit and other social purpose organizations. See Charity & NFP Law Bulletin No. 435 for more details.
Royal Assent Received for Alberta Bill 23, An Act to Renew Local Democracy in Alberta
On December 11, 2018, Royal Assent was given for Alberta’s Bill 23, An Act to Renew Local Democracy in Alberta (“Bill 23”), which updates the legislation in Alberta that governs local elections, the Local Authorities Election Act. As explained by the Alberta government, Bill 23 introduces new rules that “will limit campaign contributions, ban corporate and union donations and improve transparency and accountability.”
Of relevance to charities are the provisions setting out the circumstances under which a candidate, defined as an individual “who has been nominated to run for election in a local jurisdiction as a councillor or school board trustee,” may direct such contributions or other funds to a registered charity. For example, Bill 23 requires a candidate to direct the local jurisdiction to donate any campaign surplus amounts to a registered charity if the candidate does not file nomination papers before the next general election. Further, unauthorized contributions may be donated to a registered charity as one of several options provided under Bill 23 in certain circumstances, such as when unauthorized contributions are made by an unidentifiable contributor or if there are unauthorized contributions that were made during the transitional period between Bill 23’s first reading and the day it received Royal Assent. Additionally, advertising account funds of registered third parties in certain situations may be donated to a charity with respect to contributions made to the campaign. Bill 23 also expressly prohibits charities from being listed in a register of third parties who engage in election or political advertising and from making any election advertising contributions.
Legal Issues in Social Media for Charities and Not-for-Profits
Feb 2019 Charity & NFP Law Update
As new advancements and applications continue to develop with regard to the use of social media by charities and not-for-profits (“NFPs”), there are corresponding challenges in the law that should be considered, such as privacy law, intellectual property law, tort law, contract law, and charity law, amongst others. This Bulletin discusses a number of these legal issues and suggests that, at a minimum, charities and NFPs should have a robust social media policy in place and should coordinate such policy with other operational policies of the charity or NFP in order to manage the legal risks associated with their use of social media.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 441.
Ottawa Region Charity & NFP Law Seminar Materials Available
Feb 2019 Charity & NFP Law Update
The Ottawa Region Charity & Not-for-Profit Law Seminar, hosted by Carters in Ottawa, on February 15, 2019, was attended by over 400 leaders from the charity and not-for-profit sector. Kenneth Goodman, The Public Guardian & Trustee of Ontario, and Tony Manconi, Director General of the Charities Directorate of CRA, were guest speakers. The Seminar was designed to provide practical information to assist charities and not-for-profits in understanding and complying with recent developments in the law. All handouts and presentation materials are now available at the links below:
- Introduction, Agenda and Speaker Details – Seminar and Speaker Details and Acknowledgements.
- Essential Charity & Not-for-Profit Law Update by Jennifer M. Leddy
- Critical Privacy Update for Charities and NFPs by Esther Shainblum
- Clearing the Haze: Managing Cannabis in the Workplace in Ontario by Barry W. Kwasniewski
- Protecting Your Brand in the Digital Age by Sepal Bonni
- Charities and Politics: Where Have We Been and Where Are We Going by Ryan M. Prendergast
- The Coming of the ONCA (We Hope) and What to Start Thinking About by Theresa L.M. Man
- The Evolution and Empowerment of Charities in Ontario from the Perspective of the PGT by Kenneth Goodman, The Public Guardian & Trustee of Ontario
- Lessons Learned from Claims to the Courtroom by Kenneth Hall and Sean S. Carter
- Tips for Avoiding Common Errors: A Charities Directorate Perspective by Tony Manconi, Director General of the Charities Directorate of CRA
- Legal Challenges in Social Media for Charities and NFPs by Terrance S. Carter
Privacy Issues Affecting Charities
Feb 2019 Charity & NFP Law Update
Recent developments in privacy law, both globally and in Canada, as well as increasing stakeholder expectations and demands for protection of their personal information, should change how Canadian charities understand and manage their obligations around privacy, transparency and accountability. The following paper provides an overview of these recent developments, including recent developments under the EU’s General Data Protection Regulation and mandatory breach reporting under PIPEDA, as well as discussion on the application of privacy law to charities, privacy litigation, charities and children, data breach and cyber risks, and why charities should comply with PIPEDA.
This paper was prepared for the Ontario Bar Association’s Institute 2019: Privacy, Land Development, and Other Key Updates in Charity and Not-For-Profit Law. To reference the full paper, see “Privacy Issues Affecting Charities.”