Legislation Update
April 2022 Charity & NFP Law Update
Published on April 28 2022

By Terrance S. Carter
   
 

Ontario Proposes Regulatory Changes under Child, Youth and Family Services Act, 2017

The Ontario government is proposing amendments to Ontario Regulation 155/18, General Matters under the Authority of the Lieutenant Governor in Council under the Child, Youth and Family Services Act, 2017 to streamline matters concerning police record checks. In particular, the proposed amendments are intended to clarify “when and from whom police record checks are required in the child and youth services sectors, and what practices and procedures are to be followed when a check is required.”

The proposed amendments will set out minimum requirements for police record checks in the child and youth services sector, as well as mandatory practices and procedures for service providers to follow where checks are required. They will also establish standards for the type of check or records required, for example, for the purposes of screening staff and volunteers providing child and youth services where the Police Record Checks Reform Act, 2015 is not applicable.

The provincial government is seeking comments on the proposed regulatory changes no later than May 4, 2022.

Ontario Bill 88, Working for Workers Act, 2022 enacts Digital Platform Workers’ Rights Act, 2022

As reported in the March 2022 Charity & NFP Law Update, omnibus Bill 88, Working for Workers Act, 2022 (“Bill 88”) was tabled in Ontario to introduce changes for workplace health and safety, including a higher level of risk for non-compliance by directors and officers of charities and not-for-profits. Bill 88 received Royal Assent on April 11, 2022, and will bring into force a new Digital Platform Workers’ Rights Act, 2022, along with amendments to the Employment Standards Act, 2000 and the Occupational Health and Safety Act, among other amendments.

The Digital Platform Workers’ Rights Act, 2022 (the “Act”), enacted by Bill 88,  is new legislation with reference to the Employment Standards Act, 2000 to provide “digital platform workers” with basic rights to information, minimum wage, and the right to resolve workplace disputes, among many other changes. The Act contains provisions setting out directors’ joint and several liability for amounts owing to workers in certain circumstances, but also sets out an exemption for directors of corporations to which the Ontario Not-for-Profit Corporations Act, 2010 or the Co-operative Corporations Act apply.

For further information on Bill 88’s amendments to the Occupational Health and Safety Act, please see the Employment Update, below.

Ontario Bill 37, Fixing Long-Term Care Act, 2021 and Regulation 264/22, General

Ontario Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 was proclaimed into force on April 11, 2022 after it received Royal Assent the previous year. As reported in the January 2022 Charity & NFP Law Update, Bill 37 repeals the Long-Term Care Homes Act, 2007 and replaces it with the Fixing Long-Term Care Act, 2021, which “includes new provisions around staffing and care; new protections for residents through better accountability, enforcement and transparency; and streamlined development processes.”

Ontario Regulation 264/22, General under the Act was filed on March 31, 2022. Of note, section 317 of the regulation clarifies the meaning of “non-profit” in the Act. In this regard, a non-profit entity is a non-share capital corporation to which the Ontario Not-for-Profit Corporations Act, 2010 applies or which is incorporated under an Ontario special act, or which is a municipality or a board of management for a municipal home, a council of a band under the Indian Act (Canada) or a board of management for a First Nations home; or a corporation with share capital whose equity shares are owned by one of the above-noted entities.

Alberta Bill 12, Trustee Act

Legislation for a new Trustee Act has been proposed in Alberta that is intended to improve the creation and management of trusts, as well as decrease the involvement of the courts. Bill 12, Trustee Act was introduced on March 29, 2022, and most recently passed second reading on April 21, 2022 and the Committee of the Whole on April 26, 2022. The new Act will replace current trust legislation in Alberta if passed, and will provide “a new model that sets clear provisions to support improved day-to-day function of trusts for Albertans, including charities and businesses”, according to a government announcement. The government also indicated that the new Act will modernize trust legislation by:

  • reducing administrative burdens and increasing the efficiency of trusts;
  • lessening the need for court involvement by specifying processes so that, in many instances, trustees and beneficiaries do not need court applications for most matters;
  • providing a basis for trusts that do not have extensive terms, while making sure people can still set their own terms;
  • clarifying trustees’ duties and their accountability to improve protection for beneficiaries;
  • decreasing the number of matters going to court resulting in cost savings in legal fees for Albertans, businesses and to free up court resources.

Notably, Part 7 of the new Act contains provisions related to charitable trusts and non-charitable purpose trusts, and sets out provisions, for example, regarding the court’s power to vary charitable trusts and to order the sale of property of charitable trusts.

   
 

Read the April 2022 Charity & NFP Law Update