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Inside Internal Controls

News and discussion on implementing risk management

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Advocacy and Public Policy

What charites & non-profits can learn from the Ministry of Labour blitz on unpaid internships

Volunteers and unpaid interns are not covered by the Employment Standards Act, 2000 (“ESA”) and therefore are not subject to minimum wage and other requirements of the legislation. However, on September 30, 2014, the Ministry of Labour released the results of its recent blitz where it was determined that a number of unpaid interns in various sectors of the economy were actually employees covered by the ESA, and accordingly, entitled to minimum wages, vacation pay and other protections afforded to employees under the ESA. While the Ministry of Labour did not specifically target charities and non-profits in this blitz, there are many lessons to be learned due to the large number of volunteers and unpaid interns working in these sectors.

 

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NPOs’ internal procedures are subject to judicial review

Within the microcosm of a not-for-profit organization, where internal bylaws and rules are generated and enforced by the organization itself, it can be easy to lose sight of the fact that there is always an external source of recourse in the form of judicial review. The officers of an organization must adhere to procedural fairness when carrying out administration functions. If they violate or misapply the bylaws, they may find themselves in court having their actions scrutinized by a judge.

 

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Zero minus 24 hours – the importance of a CASL compliance policy

zero minus 24 hours

Tomorrow is July 1, 2014. It is a day that marks Canada’s “birthday”. It is also the date of the coming into force of Canada’s Anti-Spam Legislation (CASL). While most Canadians will be out celebrating Canada Day with their families and friends, they should also be in compliance with CASL. But are they?

 

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