Federal Government announces new Canadian Citizenship Requirements
On March 21, 2016, Bill C-6, An Act to Amend the Citizenship Act passed second reading and will be referred to the Standing Committee on Citizenship and Immigration in the House of Commons. Bill C-6, introduced by the Liberal government and accompanied by a backgrounder, An Overview of Proposed Changes to the Citizenship Act (the “Backgrounder”), on February 25, 2016, would substantially amend the Citizenship Act, if passed and will no doubt be of interest to charities and not-for profits that work with refugees.
The Backgrounder states that the proposed changes would provide greater flexibility for applicants trying to meet citizenship requirements. It would also repeal certain provisions of the Citizenship Act that came into effect in 2015, as part of Bill C-24, which permit revocation of citizenship from dual citizens who engage in certain acts against the national interest, such as terrorism. The ability to revoke citizenship where it was obtained by false representation, fraud or by knowingly concealing material circumstances will remain unchanged.
Bill C-6 also contains additional changes that are intended to enhance program integrity:
- Conditional Sentences. Individuals serving conditional sentences will no longer be able to count that time toward the physical presence requirement.
- Maintaining requirements for citizenship until Oath taking. All applicants must continue to meet requirements of citizenship, regardless of when their application was received.
Ability to Seize Documents. Citizenship officers will have improved ability to carry out investigations and prevent further use of fraudulent or suspected fraudulent documents.
Fairness in Charitable Gifts Act Introduced
On February 26, 2016, a private member’s bill, Bill C-239, The Fairness in Charitable Gifts Act, was introduced in Parliament by opposition MP, Ted Falk. Bill C-239 proposes amending the Income Tax Act to increase the amount that an individual taxpayer is able to claim during a taxation year for donations made to charities. Specifically, the Bill C-239 would increase the tax credit available for charitable donations by individuals to match the current tax credit available for political donations by establishing the following donation tax credits:
- Donations under $400: 75% federal tax credit.
- Donations from $400-$750: 50% federal tax credit.
- Donations over $750: 33.3% tax credit.
As a private member’s bill, Bill C-239 will be subject to a lottery to determine whether or not it will be debated in Parliament.
Poverty Reduction Strategy Bill Introduced
On February 26, 2016, opposition MP Brigitte Sansoucy, introduced Bill C-245, the Poverty Reduction Act.in Parliament. Bill C-245 is a private member’s bill that seeks to “take into account all people living in poverty, the factors that put people at higher-than-average risk of poverty and the consequences of poverty for society at large.” Bill C-245 proposes to implement a comprehensive strategy to reduce and fight poverty in Canada and would institute an independent office for a Poverty Reduction Commissioner.
Bill C-245 also proposes several legislative amendments. Specifically, it would amend the Canadian Human Rights Act to add social condition as a prohibited ground of discrimination. It would also amend the Department of Employment and Social Development Act to establish a National Council on Poverty Elimination and Social Inclusion that would consist of a maximum of 16 members appointed by the Governor in council to advise the Minister of Employment and Social Development.
Charities involved with the alleviation of poverty will be interested to follow whether Bill C-245 is selected for debate in Parliament following the lottery process.
Bill regarding Community Benefit Agreements Introduced
On February 24, Bill C-227, An Act to amend the Department of Public Works and Government Services Act (community benefit), was introduced as a private member’s bill by government M.P. Ahmed Hussen. If passed, it would provide the Minister of Public Works and Government Services (the “Minister”) with authority to require an assessment of the benefits that a community may or may not derive from new government-funded construction, maintenance and repair projects.
Bill C-227 defines a community benefit as “a social or economic benefit that a community derives from a construction, maintenance or repair project, and includes local job creation and training opportunities, improvement of public space within the community and any other specific benefit identified by the community.” Parties bidding on projects would therefore be required to report to the Minister information about the community benefits their proposals contain. In turn, the Minister would be required to annually report to Parliament on community benefits that have been achieved through new projects.
Should this Bill pass, charities and not-for-profits might want to consider forming community benefits networks to engage with governments and developers in ensuring proper distribution of benefits to the communities where development is taking place. One of the ways that these networks might be able to accomplish this would be through a community benefit agreement that places legal obligations on all parties involved to ensure that the development is successful. For more information about community benefits agreements see our Charity & NFP Law Update from January, 2016.
Ontario Government Making Hospital Parking More Affordable
On January 18, 2016, the Ontario Ministry of Health and Long-Term Care (the “Ministry”) issued a news release about a commitment to making hospital parking more affordable for patients and caregivers (the “News Release”). This followed consultations by the Ministry with patients, hospitals, advocacy groups, and the Ontario Hospital Association. Specifically, Ontario hospitals that charge more than $10 per day for parking will be required to provide 5, 10, and 30 day parking passes that are:
- Discounted by 50 per cent off their daily rate
- Transferable between patients and caregivers
- Equipped with in-and-out privileges throughout a 24-hour period
- Good for one year from the date of purchase
The changes are part of the Ministry’s Patients First: Action Plan for Health Care and will be implemented as of October 1, 2016.