On November 14, Bill 154 received Royal Assent in the Legislative Assembly of Ontario.
Among other things, Bill 154 affects legislation governing Ontario non‑profits and charities, namely, the Corporations Act (OCA), Not‑for‑Profit Corporations Act, 2010 (ONCA) and the Charities Accounting Act (CAA). Continue reading “Non-Profits: What you need to know about Bill 154”
The Court of Appeal for British Columbia has just released a decision about asset verification for rental subsidy applicants who are beneficiaries of trusts. Though this decision is not binding in Ontario, it will be of interest to affordable housing providers here, as some of the same principles may apply.
The decision in S.A. v Metro Vancouver Housing Corporation (MVHC), helps shed light on the circumstances in which BC housing providers are allowed to request information about the contents or value of discretionary trusts (often called Henson trusts) when determining whether to grant or continue rental assistance. Henson trusts benefit disabled persons without affecting their ability to receive government benefits. Though the B.C. government does not consider Henson trusts as assets for the purpose of eligibility for disability assistance, the court said that MVHC was entitled to require the applicant provide information regarding a Henson trust when determining eligibility for a rental subsidy. In Ontario, Henson trusts are also not considered assets for determining eligibility for disability assistance under the Ontario Disability Support Program (ODSP) Act, 1997. But if the Ontario courts are swayed by this case, housing providers could seek information about Henson trusts for their internal discretionary rental assistance programs. This could be an important source of data for housing providers to help make decisions about how to allocate discretionary funds and determine eligibility for internal and external rental assistance or Rent Geared to Income (RGI) programs.
Get your message out without getting yourself in hot water.
Does your organization have a Twitter, Facebook or Instagram account, or any other social media accounts? Does it have a website, or a blog? Does it have any sort of internal network linking members or stakeholders? These tools can be powerful ways to get out information; they can reach far more people than the old fashioned newsletter or bulletin board. However, there are risks to having tools to get information out to more people, more quickly – when the information is defamatory or discriminatory, or otherwise problematic, having it distributed on line can create serious problems.
Join Iler Campbell lawyer, Michael Hackl, for an hour long session starting at 9:30 am on November 28th to discuss these sorts of problems, how significant they can be, and what your organization can do to protect itself from exposure to such issues.
As many of you have read in the media, and last week on our blog, the Law Society of Upper Canada has decided to take action to improve the circumstances of racialized lawyers and paralegals.
As lawyers, we are already required to follow the Law Society’s Rules of Professional Conduct that apply to all lawyers in Ontario. Among other things, those Rules say that, “A lawyer has a duty to carry on the practice of law and discharge all responsibilities to clients, tribunals, the public and other members of the profession honourably and with integrity.” The Commentary on this particular Rule includes the following: “A lawyer has special responsibilities by virtue of the privileges afforded the legal profession and the important role it plays in a free and democratic society and in the administration of justice, including a special responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario” (emphasis added).
This article was first published on rabble.ca
In 2012, the Law Society of Upper Canada (LSUC) struck a Working Group to investigate the challenges faced by racialized licensees, who comprise approximately 18 per cent of lawyers in Ontario.
Unsurprisingly, the initial consultation report, which was prepared based on feedback from a range of individuals and organizations, concluded that overt discrimination and bias are a feature of daily life for many racialized licensees. Further to that initial report, the committee delivered a series of recommendations in a publication entitled “Working Together for Change: Strategies to Address Issues of Systemic Racism in the Legal Professions” on December 2, 2016, including a recommendation to increase Continuing Professional Development (CPD) offerings that deal with topics of racialization, requiring licensees to adopt a policy around human rights and diversity to promote fair recruitment, retention, and advancement, and developing “progressive compliance” mechanisms for workplaces that do not comply with the recommendations, or are identified as having systemic barriers to diversity and inclusion.
Amongst the 13 recommendations is a requirement that licensees working adopt a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public — a requirement that has ignited a firestorm in the legal profession.
Some members of the law society have taken to radio and print news to denounce the requirement as “the most egregious kind of violation of freedom of speech” and an Orwellian Dictate. The Catholic Civil Rights League has objected to the Statement on the basis that it “may override core Christian beliefs.” Even Conrad Black (whose affiliations with the Law Society are unknown) published an editorial in which he condemned the Law Society for conferring “capricious dictatorial powers on its own administration.”
Continue reading “The Law Society’s Statement of Principles and what’s at stake”
Are you attending the 2017 ONPHA Conference and Tradeshow this weekend? Be sure to stop by our tradeshow booth! We’ll be at booth number 124 on Friday from 8‑3. We love seeing faces new and old. Chat about your legal needs and learn about the free legal education opportunities we have on offer. Plus, fill out a ballot for a draw prize!
We’re also participating in several sessions at the conference:
Lauren Blumas is co‑leading a session as part of Education Day on Friday November 3rd. Titled, “Consent, capacity and substitute decision-making: A housing perspective” the ½ day session will address how to help elderly tenants maintain successful tenancies in a way that respects their dignity and autonomy.
Lauren is also co‑presenter of session 501 on Saturday November 4th, titled “Breathing easier: Smoke-free non-profit housing” Learn the rationale behind establishing smoke-free buildings (including within individual units), and hear practical advice on implementing policies and legal guidance on creating and enforcing the policy.
Finally, Michael Hackl and Katie Douglas are presenting session 502 on Saturday on End of Operating Agreements titled, “EOA: Ensuring legal readiness.” They’ll address the many legal matters to consider as you prepare for your EOA.
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