What’s Wrong with the New Ontario Not for Profit Corporations Act

September 10th, 2012 by Brian Iler

While Ontario’s non‑profit law sorely needs updating, the Ontario government’s recent initiative to do so has resulted in a deeply flawed replacement.

In drafting the new ONCA, the government prioritized two objectives:

  • Ensuring it closely mirrors the law applicable to businesses
  • Empowering members to participate more fully in a corporation’s activities.

While there’s much to modernize about non‑profit corporate law, the introduction of many business law concepts was not tempered by the differing realities of the non‑profit world.

Couple that with a highly legalistic drafting style, the new Act will be inaccessible for many, and  force many less sophisticated non‑profits to seek more legal advice than they might have in the past.

The result: an Act that is certainly not responsive to, or knowledgeable about, the sector.

Continue reading “What’s Wrong with the New Ontario Not for Profit Corporations Act”

The challenges for charities of disclosing fundraising costs

September 4th, 2012 by Paula Boutis

It’s not that often that charities law and criminal law intersect, but the decision of R. v. Gour, decided June 28, 2012, did just that. The case was about an individual, Adam Gour, who had contracted to fundraise for charity, and his and his contractor’s failure to disclose the commissions that would be earned. The court concluded this was a fraud. The case is only six pages long, and makes for a compelling read.

The issue of paying fundraisers in the context of charitable donations has been a controversial one for some time.

Read more on rabble.ca

Join us for a free workshop on the Canadian Environmental Assessment Act 2012

August 7th, 2012 by Iler Campbell LLP

Learn how to use the new Canadian Environmental Assessment Act 2012 and proposed regulations.  This is your chance to ask experienced environmental lawyers Paula Boutis and Laura Bowman how the new legislation works and what to expect.  This 2‑hour nuts and bolts presentation will help you feel confident using and participating in this completely new process.

Who should attend? 

  • Environmental consultants
  • Environmental NGOs
  • Planners
  • Municipal staff

What does it cost?

  • Free of charge

When and where?

  • August 22, 4:30 – 6:30 PM
  • Iler Campbell’s offices:
    150 John Street, 7th Floor
    Toronto M5V 3E3

R.S.V.P.
RSVP to Andrea Eggleton
[email protected]
or by phone at (416) 598-0103.
Space is limited.

Court reinforces its hands-off approach to housing co-ops

August 1st, 2012 by Celia Chandler

This spring, one of our housing co‑op clients was served with a Superior Court application from a member under section 178 of the Co‑operative Corporations Act.   The application requested an order of compliance against the Co‑operative for five alleged breaches of the Co‑operative’s by‑laws and the Act.

This was uncharted territory for our client, and indeed for us.  Section 178 has been on the books for years, but has received minimal attention.

Continue reading “Court reinforces its hands-off approach to housing co-ops”

Tax court confirms “connecting factors test” for on-Reserve income tax exemption

July 30th, 2012 by Iler Campbell LLP

On July 7th 2012, the Tax Court of Canada (the Court) handed down its decision in Dickie v The Queen regarding a reassessment of a status Indian operating a proprietorship from Fort Nelson Indian Reserve (the Reserve).  Mr. Dickie operated a business clearing and slashing timber on contract for oil and gas companies to conduct seismic surveys of the land. While he accepted some contract work that took place on the Reserve, an overwhelming majority of his business came from work conducted off Reserve.

Continue reading “Tax court confirms “connecting factors test” for on-Reserve income tax exemption”

Hate speech and amendments to the Canadian Human Rights Act

July 27th, 2012 by Shelina Ali

The House of Commons recently passed a private member’s bill, Bill C‑304, to amend the Canadian Human Rights Act (CHRA), repealing Section 13, the “hate speech” clause, in its entirety. Bill C‑304, tabled by Brian Storseth, MP for Westlock‑St. Paul, has received very little attention even though its impact may be more extensive than many people realize.

Read more on rabble.ca