A.     INTRODUCTION
                      In November 2011, the British Columbia Advisory Council on
                        Social Entrepreneurship (the "Council") published its draft report, Together:
                          Respecting our Future, (“Draft Report”) for public
                        comment. The purpose of the Council is to direct consultation, advice and
                        feedback on proposals to support “social innovation”, “social enterprise” and
                        “social entrepreneurship” in B.C. Those terms, which are defined below, generally
                        refer to analyzing social issues from a new perspective to develop creative
                        solutions. For example, new relationships can be forged between all sectors and
                        stakeholders (e.g. non-profits, charities, governments, etc.) to collaborate
                        and address complex social problems. By supporting those activities, the
                        shortage in public service funding will be alleviated. 
                      This Charity Law Bulletin provides a brief overview
                        of the Draft Report and recommendations. Interested individuals may view the Draft
                        Report and submit comments online at http://socialinnovationbc.ca.
                        There is no deadline for submissions. However, as the Council’s deadline for
                        submitting the final report and recommendations is March 31, 2012, those interested
                        in submitting comments are advised to submit them well in advance of that date. 
                      B.     BACKGROUND
                      In order to appreciate the Council's draft
                        recommendations, it is necessary to provide context concerning the challenges
                        that it is attempting to address. In general, the overarching problem is a
                        shortage of resources to address a variety of social issues, such as elderly
                        care and poverty. Specific challenges include: overburdened caregivers of the
                        elderly; the reduction of government resources that may result of the
                        renegotiation of federal-provincial cost sharing agreements in 2014; unexpected
                        social, financial, and environmental emergencies and disasters (e.g. SARS); and
                        ineffective solutions that have failed to address certain social issues like
                        homelessness. These challenges inform the draft recommendations made by the
                        Council. 
                      C.     RELEVANT CONCEPTS 
                      In advocating for a different approach to addressing
                        social issues, the Council uses certain concepts to support its draft
                        recommendations. These concepts form the basis of the approach that the Council
                        recommends for adoption in B.C. Accordingly, it is worthwhile to review these
                        important concepts.
                      The draft report defines social innovation as:
                      
                        
                          ideas, products, services, processes,
                            statutes, resources, protocols, and technologies that solve a social problem
                            while generating new social relationships, partnerships, collaborations,
                            connections and financing. In other words, social innovation profoundly impacts
                            an existing challenge while increasing our resources to tackle the inevitable
                            next set of challenges.
                        
                      
                      In the companion paper, Social Innovation Primer,
                        social innovation is also defined as “the need for new approaches to old
                        problems.” 
                      Social enterprise refers to non-profit organizations
                        operating a business or operating like a business. Although neither the draft report nor the companion paper define social
                        entrepreneurship, the term can be defined as recognizing social problems and
                        using creative approaches to design, establish and manage ventures to create
                        social change and achieve a positive economic return. 
                      D.     RECOMMENDATIONS
                      One of the Council’s recommendations is that the “change
                        lab” methodology for problem-solving be adopted in B.C. A change lab refers to processes and facilities established globally which
                        provide a forum for creative, all-sector, multi disciplinary, problem solving,
                        social innovation and decision-making. This methodology for problem
                        solving is focused on whole system transformation by bringing together
                        stakeholders from government, business and civil society to find solutions to
                        social issues. 
                      Another recommendation is the use of multiple
                        infrastructure investments. In the short term, financial incentives, such as a
                        Social Innovation Investment Tax Credit and B.C. Social Innovation Bond, should
                        be created. The Social Innovation Investment Tax Credit would bring in new
                        investors and capital as well as help build new social enterprises. According
                        to the Council, as there is already an existing tax credit regime in place,
                        social enterprises could be included as a new eligible category. Without any
                        accompanying explanation, the Council states that the B.C. Social Innovation
                        Bond would be a risk-free way for governments to finance innovations that seek
                        to address the root causes of problems. This type of financial instrument is
                        used in other jurisdictions, such as the United Kingdom.
                      A notable medium term multiple infrastructure investment
                        recommended by the Council is the establishment of “Community Contribution
                        Companies” (“CCCs”). Without going into detail, the Council explains that CCCs
                        would be a new vehicle for raising capital. They would be “hybrid structures”
                        based on their combined social and financial objectives. This recommendation seems have picked up where the B.C. Ministry of Finance
                        consultations left off last year regarding the amendment of the Business
                          Corporations Act to allow for the incorporation of Community Interest
                        Companies (“CICs”), which appear to be similar to CCCs.
                      E.      CONCLUSION 
                      The Draft Report presents some innovative ideas for
                        addressing complex social problems. However, while the Council acknowledged
                        that it purposely omitted the details concerning its recommendations, it would
                        nonetheless be beneficial to have those details included in the final report in
                        order to have a better idea of how the recommendations would work in practice. Individuals
                        and organizations interested in the Draft Report are advised to review and
                      submit comments on it to the Council online at http://socialinnovationbc.ca.