House Committee Report on Money Laundering and Terrorist Financing

Nov 2018 Charity & NFP Law Update

The House of Commons Standing Committee on Finance (the “Committee”) presented its report on November 8, 2018, entitled: “Confronting Money Laundering and Terrorist Financing: Moving Canada Forward” (the “Report”). The Report was prepared pursuant to subsection 72(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (“PCMLTFA”), which requires that the administration and operation of the PCMLTFA be reviewed by a committee of Parliament every five years. In this regard, the Report provides thirty-two (32) recommendations for consideration by the House of Commons and the Government of Canada to improve Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime. This Alert provides a summary of the recommendations in the Report.

For the balance of this Alert, please see AML/ATF and Charity Law Alert No. 48.


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Other Legislation Update

Nov 2018 Charity & NFP Law Update

Ontario Bill 48, Safe and Supportive Classrooms Act, 2018

On November 12, 2018, the Legislative Assembly of Ontario began second reading of Bill 48, Safe and Supportive Classrooms Act, 2018 (“Bill 48”). If passed, Bill 48 would amend the Early Childhood Educator’s Act, 2007 and Ontario College of Teachers Act, 1996 to include “prescribed sexual acts” under the definition of “professional misconduct” for teachers. The amendments would provide mandatory revocation of teachers’ certificates where they have been found guilty of professional misconduct consisting of sexual abuse of a child, child pornography, or prescribed sexual acts. Additionally, these acts, along with the Teaching Profession Act, would also be amended to clarify that touching or other actions “necessary for the purposes of diapering, toileting, washing or dressing a child as part of [a teacher’s] professional responsibilities”, and “remarks that are pedagogically appropriate” do not constitute sexual abuse of a child or student. Bill 48 would also amend the Ontario College of Teachers Act, 1996 to require new teachers to pass a math content knowledge test prior to being granted a teaching certificate.

BC Bill 44, Budget Measures Implementation (Employer Health Tax) Act, 2018

On November 8, 2018, British Columbia’s Bill 44, Budget Measures Implementation (Employer Health Tax) Act, 2018 (“Bill 44”) received royal assent and will come into force on January 1, 2019. Bill 44 introduces the employer health tax (“EHT”) in B.C., an annual tax collected by the province from employers on remuneration paid to their employees and former employees, beginning January 1, 2019. Employers in B.C. will be required to pay EHT where their total remuneration exceeds $500,000 in a calendar year. However, Bill 44 exempts charitable and non-profit employers with permanent establishments in B.C. from paying the EHT if their total remuneration paid is not greater than $1.5 million. EHT is payable at a rate of 2.925% for any remuneration amount exceeding $1.5 million but not greater than $4.5 million. Similar EHT exemption provisions are available to charitable or non-profit employers with two or more qualifying locations in B.C. The same EHT rate is to be paid for each “qualifying location” where remunerations at each qualifying location is between $1.5 million to $4.5 million. Additionally, such employers whose paid remuneration at a qualifying location exceeds $4.5 million are subject to only a flat EHT rate of 1.95% for those qualifying locations.


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New Draft Legislation Permits Public Policy Dialogue by Charities Without Limitation

Nov 2018 Charity & NFP Law Updat

On October 25, 2018, the Department of Finance Canada tabled in the House of Commons a Notice of Ways and Means Motion, which contained a number of amendments to the Income Tax Act (“ITA”) and other legislation to implement certain provisions previously announced in Budget 2018 and other measures, including amendments to the ITA to modify the rules governing political activities (now referred to as “public policy dialogue and development activities”) by registered charities and registered Canadian amateur athletic associations in Canada. The proposed amendments were introduced as Bill C-86, Budget Implementation Act, 2018, No. 2, (“Bill C-86”), which received first reading on October 29, 2018, and is included as an appendix to this Charity & NFP Law Bulletin for ease of reference. Bill C-86 significantly improves upon the draft legislation released on September 14, 2018 by the Department of Finance Canada, discussed in last month’s Charity & NFP Law Bulletin No. 428.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 434. Please note that this Bulletin was published on November 2, 2018. Since its publication, Bill C-86 passed second reading on November 6, 2018 and is currently being debated at the report stage in the House of Commons.


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Exciting Proposed Changes in Federal Government 2018 Fall Economic Statement

Nov 2018 Charity & NFP Law Update

On November 21, 2018, the Department of Finance released the 2018 Fall Economic Statement (“Economic Statement”) proposing changes to maintain and develop the economic health of the country. In particular, the Economic Statement introduces a number of important proposed changes benefiting the charitable and not-for-profit sector. These proposals include changes to the regulation of charities to enhance public policy development; the creation of a social finance fund; and several initiatives to better support the non-profit journalism and news sector. These are welcome changes, and the charitable and not-for-profit sector will want to keep an eye out for upcoming legislation that will bring the Government’s proposals into effect.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 435.


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November 2018 Charity & NFP Law Update

– Exciting Proposed Changes in Federal Government 2018 Fall Economic Statement
– CRA News
– New Draft Legislation Permits Public Policy Dialogue by Charities Without Limitation
– Update on Special Senate Committee on the Charitable Sector
– Corporate Update
– New Ontario Government Makes Major Changes to ESA
– Corporate Registers of Real Property Interests Mandatory as of December 10, 2018
– Other Legislation Update
– Procedural Fairness and Oppression Claim Upheld Against Hockey League
– Ontario Court Permits Charity to Keep “No Strings Attached” Donation
– Why Charities and Not-for-Profits Should Comply with PIPEDA
– Date Set for New Trademark Law in Canada
– CRTC Releases New Bulletin on CASL Compliance
– Industrial Design Amendments Facilitate Canada’s Accession to the Hague Agreement
– House Committee Report on Money Laundering and Terrorist Financing
– Legal Risk Management Checklists for Ontario-based Charities and Not-for-Profits
– The 25th Annual Church & Charity Law Seminar Materials – November 8, 2018
– New Toronto Office Now Open


November 2018 Charity & NFP Law Update