By Terrance S. Carter and Adriel N. Clayton

Ontario Bill 91 Receives Royal Assent

On June 8, 2023, Ontario’s omnibus Bill 91, Less Red Tape, Stronger Economy Act, 2023 received Royal Assent. As reported in the May 2023 Charity & NFP Law Update, Bill 91 amends section 27.2 of the Trustee Act to clarify that delegated investment managers will be permitted to invest in mutual funds, pooled funds and segregated funds under variable insurance contracts.

The Bill also proposes amendments to the Not-for-Profit Corporations Act, 2010 and the Corporations Act, among other statutes, to generally facilitate certain virtual processes by replacing, in part, the temporary legislative framework for virtual processes, including virtual meetings. This will allow Ontario corporations to hold virtual or hybrid meetings, and to conduct votes virtually or in hybrid form, unless the corporation’s governing documents provide otherwise. Bill 91 also facilitates the sending of notices or other documents by electronic means, and will permit affected corporations, businesses, and partnerships to store records electronically and facilitate the electronic examination of records remotely. These amendments to the corporate legislation will come into force on October 1, 2023.

New Lobbyist’s Code of Conduct Published in Canada Gazette

A new, third edition of the federal Lobbyists’ Code of Conduct (“Code”) was published in the Canada Gazette on May 27, 2023 to replace the second edition of the Code, which has been in force since 2015. The Code, which sets out standards of behaviour for individuals required to register under the Lobbying Act, is a “non-statutory tool that complements the Lobbying Act’s registration requirements and serves to reinforce transparent and ethical lobbying”, according to the Office of the Commissioner of Lobbying of Canada.

According to the publication, the new Code “sets out easy-to-understand rules that work to enhance transparent and ethical lobbying while contributing to public confidence in government institutions and officials.” Broadly, changes to the Code include additional disclosure requirements for both consultant and in-house lobbyists; measures to enhance lobbyists’ trustworthiness; provisions concerning the provision of gifts and hospitality to officials; and requirements to avoid lobbying officials that could reasonably be seen to have a sense of obligation towards the lobbyist arising out of close relationships or political work.

The new Code comes into effect on July 1, 2023. Lobbying activities and interactions prior to this date continue to be subject to the 2015 edition of the Code.

​Read the June 2023 Charity & NFP Law Update