November 2016 Charity & NFP Law Update

–   Trinity Western University Wins in B.C.C.A.
–   CRA News
–   CRA Posts a New Informational Gifting and Receipting Video
–   Split-receipting and Deemed Fair Market Value
–   Update to the Guide for the T3010 Registered Charity Information Return
–   Form T2081 will No Longer be Mailed to Affected Charities
–   Reminder of the Political Activities Consultations – Extended Comment Period
Legislation Update
–   Accessible Employment Standard Deadline Approaching in Ontario
–   Bill C-22 to Establish the National Security and Intelligence Committee Passes Second Reading
–   Ontario Bill 41 Would Allow LHINs to Intervene in the Governance of NFPs
–   Corporate Update
–   Charity Must Pay Damages for Breaching OHSA
–   New French Signage Laws Come into Effect in Quebec
–   Report on Impact Measurement for Social Enterprises in Ontario
–   GST/HST and Camps for Individuals with Disabilities
–   Court Orders Buyout Rather than Winding-Up of Not-for-Profit Corporation
–   Anti-Terrorism and Counter-Money Laundering Update
–   Canadian Government Consults on National Security Green Paper
–   FATF Ratifies New Evaluation Methodology for State Regulation of Non-Profit Organisations
–   Update on Charity Law
–   Legal Risk Management Checklists for Ontario-based Charities and Not-for-Profits
–   The 2016 Annual Church & Charity Law Seminar – November 10, 2016


November 2016 Charity & NFP Law Update

Trinity Western University Wins in B.C.C.A.

On November 1, 2016, a five member panel of the Court of Appeal of British Columbia (“B.C.”) (the “Court”) unanimously upheld the decision of the B.C. Supreme Court to quash the decision of the Law Society of B.C. (“LSBC”) not to accredit the proposed law school of Trinity Western University (“TWU”).  The Court affirmed that the case raised “important issues about tolerance and respect for differences in a diverse and pluralistic society.” In balancing the rights to freedom of religion and equality under the Charter of Rights and Freedoms, the Court enunciated and applied clear principles for balancing these rights, reiterated that state neutrality accommodates diverse views and that TWU has the “right to act on its beliefs, absent evidence of actual harm.”

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 394.

The 2016 Annual Church & Charity Law Seminar – Seminar Materials

The 2016 Annual Church & Charity Law™ Seminar hosted by Carters Professional Corporation in Mississauga, Ontario, on November 10, 2016, had more than 1,000 registered  from the charitable and not-for-profit sector, including leaders of charities and churches, as well as  accountants and lawyers. Designed to assist churches and charities in understanding developing trends in the law in order to reduce unnecessary exposure to legal liability, the Church & Charity Law™ Seminar has been held annually since 1994. All handouts and presentation materials are now available at the links below in the order as presented, with the web links being Power Point slide shows.

Handout

2016 23rd Annual Church & Charity Law Seminar Materials

Charity Must Pay Damages for Breaching OHSA

In Leah Podobnik v Society of St. Vincent de Paul Stores (Ottawa) Incorporated (the “Decision”), released September 27, 2016, the Ontario Labour Relations Board (“OLRB”) awarded damages against the Society of St. Vincent de Paul Stores (Ottawa) Incorporated (the “Charity”) for breach of subsection 50(1) of the Occupational Health and Safety Act (“OHSA”). Subsection 50(1) is the prohibition on reprisals against workers exercising their rights under the OHSA. Ms. Podobnik was awarded $15,062.00 in damages, including $3,500.00 for emotional pain and suffering. This Bulletin will review the Decision as it applies to Ontario charities and not-for-profits.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 393.