Patients First Act Becomes Law In Ontario

On December 7, 2016, the Ontario government passed the Patients First Act (“Patients First”), intended to support patient-centred care, promote health system planning and integration, and improve access to high quality health services.

Yet, while the provincial government has promised that Patients First will deliver better care and usher in a new era of health transformation in Ontario, it could also pave the way for new involvement into the governance of health service providers by the province’s Local Health Integration Networks (“LHINs”).

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 401.

Federal Budget 2017: Impact on Charities and Not-For-Profits

On March 22, 2017, federal Finance Minister Bill Morneau tabled the second budget of the Liberal majority Federal Government (“Budget 2017”). While Budget 2017 again emphasizes the Liberal election platform focusing on economic growth, job creation and supporting a strong middle class, Budget 2017, like Budget 2016, does not include any new tax incentives for the charity and not-for-profit (“NFP”) sector, as has been enjoyed in previous federal budgets.

The significant developments for the charitable and NFP sector in Budget 2017 include several measures intended to protect gifts of ecologically sensitive land under the ecological gifts program, repeal of the “additional” deduction available to corporations that donate medicine to eligible registered charities (although donor corporations will continue to be able to deduct the fair market value of donated medicine), and confirmation that the First-Time Donor’s Super Credit will expire in the year 2017 as planned. Rather than incentives, Budget 2017 focuses on providing funding commitments to certain parts of the charity and NFP sector, including investments in affordable housing, investment in programs to support youth education, and others. As well, Budget 2017 proposes amendments that purport to strengthen Canada’s anti-money laundering and anti-terrorist financing regime.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 399.

Church Successfully Defends Personal Injury Lawsuit from Volunteer

In the recent summary judgment ruling in Baltadjian v The Roman Catholic Episcopal Corporation for the Diocese of Alexandria, the Ontario Superior Court of Justice (the “Court”), on a summary judgement motion, dismissed the personal injury claim of  Hrant Baltadjian (“Baltadjian”), a volunteer at The Roman Catholic Episcopal Corporation for the Diocese of Alexandria (the “Church”), on the basis that he had failed to prove the Church was negligent or had provided defective equipment and/or an unreasonably safe work environment. In coming to its decision, the Court relied heavily on its findings that Mr. Baltadjian was, of his own volition, performing a task that went beyond the scope of his assigned tasks at the Church and that the Church had taken sufficient reasonable risk management steps to ensure a safe working environment. The Court’s decision in Baltadjian is an excellent reminder to charities and not-for-profits of the importance of proactive risk management when dealing with employees and especially volunteers in all aspects of potential activities, but particularly those that are prone to accidents and injury (such as construction).

For the balance of this Bulletin, please see Litigation Bulletin No. 2.

February 2017 Charity & NFP Law Update

– Last Train for CNCA
– CRA News
– New Privacy Disclosure in T2050 Application to Register a Charity Under the Income Tax Act
– New Online Interactive Tool to Compile Checklist of Documents to be Included with Applications for Charitable Status
– CRA’s New Cause-related Marketing Webpage
– GST/HST – New CRA Memorandum to Assist Charities and Qualifying NPOs Calculate the Public Service Bodies Rebate Claims
– Legislation Update
– Bill C-36 Proposes to Reinforce Statistics Canada’s Independence
– Ontario Bill 41 Allowing LHINs to Intervene in the Governance of NFPs Receives Royal Assent
– OHRC Position on Medical Documentation
– A New Era: Obligation to Know thy Advocate and Supervise thy Litigation
– Charity and NFP Legal Check-up: 10 Tips for Effective Legal Risk Management
– Trademarks As Keywords In Online Advertising May Constitute Passing-Off
– Ottawa Region Charity & NFP Law Seminar Materials Available


February 2017 Charity & NFP Law Update