Principles for Community Financing – A new paper from the ONN

July 25th, 2012 by Iler Campbell LLP

The Ontario Nonprofit Network has just released a new discussion document, “Principles for Community Financing in Ontario” (pdf) into which Brian Iler had considerable input.

The paper is intended to provide a foundation for collective action and discussion on the topic of nonprofit financing. Towards this goal, it lays out eight foundational principles for community financing which the authors, the Ontario Social Economy Roundtable, a constellation of the ONN, hope will contribute to greater understanding and engagement in the field of community based financing in Ontario and in other jurisdictions.

A Victory for Free Speech ‑ Pride Toronto’s Dispute Resolution Panel dismisses complaint against QuAIA

July 24th, 2012 by Iler Campbell LLP

A decision (pdf)  handed down by the Dispute Resolution Panel of Pride Toronto has dismissed a complaint lodged by B’nai Brith against the participation of Queers Against Israeli Apartheid (QuAIA) in the Pride Toronto March. Charles Campbell represented QuAIA at the hearing on June 27th. The Panel issued a “bottom line” decision on June 29th, so as to allow QiAIA to participate in the parade on July 1st. They subsequently released the full reasons for the decision on July 9th.

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New rules give community based power projects priority access to feed-in-tariffs

July 13th, 2012 by Iler Campbell LLP

On July 11, 2012 the Minister of Energy issued a Directive to the Ontario Power Authority to allow greater access to feed‑in‑tariff (FIT) contracts for community based power projects.  The new rules will keep private sector projects in-check by ensuring 50 percent community based equity.

The Directive provides for priority to applications with a greater than 50 percent community equity interest held by a co‑operative where at least 50 or more members are local property owners, or where there is greater than 50 percent Aboriginal equity participation.  The OPA will offer contracts to these projects before offering contracts to other projects in the application window.

The OPA is also directed to amend the Community Energy Partnership Program eligibility requirements to align with the eligibility requirements for community projects under the FIT Rules.  The OPA shall allocate up to $1 million annually for education funding and capacity building.

The changes are great news for community power projects.  Iler Campbell LLP represents and advises organizations on a variety of community power projects.  For more information on this topic please contact us!

ONN requests delay of proclamation of Ontario Not for Profit Corporations Act

July 12th, 2012 by Iler Campbell LLP

On Monday, the Ontario Nonprofit Network sent a letter to Minister Best, the Premier and Minister Sousa requesting a delay of the proclamation of Ontario Not‑for‑Profit Corporations Act (ONCA) which is currently scheduled for January 1, 2013 to come into effect January 1, 2016. The letter argues that the Act will do serious harm to the operation of not‑for‑profit organizations and the communities they serve and that the costly and complex transition to the new act is ultimately unnecessary. We agree and hope the McGuinty government gets the message.

Read the letter here (pdf). Read more about the act and its impact on ONNs site. See our previous coverage of the ONCA here.

Ontario Court of Appeal decision upholds P3 arrangements, reduces taxpayer accountability at municipal level

July 10th, 2012 by Laura Bowman

A recent Court of Appeal decision in Friends of Lansdowne v. City of Ottawa et. al. confirms that procedural irregularities are not grounds to overturn a municipal decision.

This case dealt with a redevelopment of Lansdowne Park in Ottawa. The community park is home to a football stadium , a hockey arena and the historic Aberdeen Pavilion exhibition hall. In late 2009 the City approved a redevelopment plan proposed by a private consortium named Ottawa Sports and Entertainment Group which hoped to house a CFL franchise at the redeveloped park. The redevelopment plan would renovate the existing arena and stadium, build 330,000 square feet of office, retail and residential space, add underground parking and a new urban park. Heritage buildings would be relocated.  Under the plan, the City would (among other items) contribute $3.8 million per year, pay for some of the costs of the Plan, enter into a 50 year lease for 10.2 acres for an annual rent of $1.00 for the first 30 years, and grant construction and management contracts to the Ottawa Sports and Entertainment Group.

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What powers do Canadian municipalities have to create environmental rights?

June 28th, 2012 by Paula Boutis and Laura Bowman

A reader asked us if Canadian municipalities can pass an environmental bill of rights, as some American jurisdictions have with the help of the Community Environmental Legal Defence Fund. The example provided by the reader prohibited the extraction of natural gas by means other than gas wells installed and operating at the time of the enactment of the ordinance.

In Canada, municipalities are created by provincial laws and their powers are limited both by those laws and by the limits on provincial jurisdiction.

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