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Corporate Administration and Legal Matters

Small change large consequences: Ontario’s regulatory change to the payment of directors

Directors simply cannot benefit from the property of a charity whether registered or not, either directly or indirectly. This article explains why and details recent amendments to Ontario’s rules to allow charities to pay directors for goods and services rendered.

 

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Revenue Generation for Charities

The Canada Revenue Agency’s policy statement, “What is a related business?”, describes the rules charities need to follow when considering a revenue-generating activity.

 

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Much ado about nothing? Why directors should think about committee governance

Most not-for-profit organisations establish one or more committees to perform various roles. These committees can play an important role in the proper management and governance of the NPO.

 

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Canada Revenue Agency (CRA) updates for charities and other not-for-profits

Canada Revenue Agency recently released the following updates which are of interest to charities and other not-for-profits.

 

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Reminder: Reporting compliance with AODA accessibility standards

Most accessibility standards requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are now in effect for large and small organizations in the public, private and not-for-profit sectors across Ontario.

 

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Effective investigations and interviewing in the workplace

Employers must investigate incidents or allegations of workplace harassment and violence. Here are some best practices to improve your workplace investigations and interviews:

 

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The future of risk management

The Institute of Risk Management has a great feature where they have asked people around the world, including a number of luminaries, about the future of risk management.

 

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Corporate Human Rights 2017 Benchmark shows companies at relatively early stage in implementing UN Guiding Principles on Human Rights

The Benchmark calls on businesses to implement corporate responsibility to respect human rights under the UN Guiding Principles, and to study the 2017 Benchmark report to see where improvements can be made.

 

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How to go beyond the words to craft smarter policies

All of these tips seek to offer ways to make policies and procedures better, but the most important tip is that policies and procedures should not be managed in a vacuum. They are an important element of an effective compliance program without regard to what compliance guidance your organization follows. Ignoring policies can negatively impact compliance conduct, training, monitoring and auditing, investigations – and most importantly and ultimately – the reputation of an organization.

 

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Neighbourhood annoyances and Section 976 C.C.Q.

This case reminds us that a consequence of Section 976 C.C.Q. is to prohibit neighbourhood annoyances that are deemed to be abnormal, but it does not prohibit all of the annoyances associated with societal life.

 

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Withholding on foreign workers

Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for many of its activities.

 

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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BC will see big changes to small claims on June 1, 2017

On March 20, 2017, the Province of British Columbia announced significant changes to the jurisdiction of the Civil Resolution Tribunal and Provincial Court to address small claims court matters.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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