Not for Profit Law

Canada’s Anti-Spam Legislation (CASL): Federal government suspends the Private Right of Action provisions

June 13th, 2017 by Ted Hyland

Organizations – businesses, non‑profits and charities – are breathing a sigh of relief following the federal government’s decision to suspend indefinitely the coming into force of the provisions of Canada’s Anti-Spam Legislation (CASL) that give persons the right to seek monetary compensation from anyone who has breached the consent rules in CASL and the collection and use of personal information rules in PIPEDA.[1]

Colloquially known as the “private right of action” clauses of CASL, they were slated to come into force on July 1, 2017; the suspension of their coming into force was accomplished by a federal Order‑in‑Council (PC Number: 2017‑0580), which was issued on June 2, 2017.

Among the groups that had lobbied the federal government to put the brakes on the implementation of the private right of action provisions were Imagine Canada and the Ontario Nonprofit Network (ONN). Imagine Canada and ONN sent a letter together to the federal Minister of Innovation, Science and Economic Development, Navdeep Bains. The letter, dated February 14, 2017, lays out a number of the principal concerns that the nonprofit and charitable sectors have with CASL generally and with the private right of action specifically.

[1] Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Canada’s Anti-Spam Legislation: July 1, 2017 on the horizon — are you ready?

April 10th, 2017 by Ted Hyland

Updated May 11, 2017: Corrections/clarifications to the 4th and 7th bullet points below.

If you were keeping close tabs three years ago on the advent of Canada’s Anti-Spam Legislation (CASL), you may be forgiven if you lost sight of it in the past three years. After all, you worked hard to ensure that your organization would be able to send commercial electronic messages (CEMs) once July 1, 2014 rolled around.

Well, it’s time to pay attention again, because July 1, 2017 marks the coming into force of a couple of important features to CASL. Read the rest of this entry

Federal Non Profit Corporations: Deadline of July 31, 2017 to transition from Canada Corporations Act to Canada Not-for-Profit Corporations Act

March 21st, 2017 by Ted Hyland

If you’re involved in a non‑profit organization that was incorporated under the Canada Corporations Act and your organization has not completed the transition to the Canada Not‑for‑profit Corporations Act, then you have until July 31, 2017 to do so. Corporations Canada has issued a notice that if the transition is not completed by July 31st, the corporation will be dissolved. In other words, the corporation will cease to exist, legally, and if it’s a registered charity, it could lose its charitable registration.

To obtain more details about what’s involved in completing the transition, you can check out the “Transition Guide” on Corporations Canada’s website.

If you have any questions about the transition process, you can also contact one of our lawyers.

Celebrating Brian’s AMS/John Hodgson Award of Excellence in Charity and Not‑For‑Profit Law

June 3rd, 2016 by Iler Campbell

IMG_3005Brian Iler was presented with the 2016 AMS/John Hodgson Award of Excellence in Charity and Not‑For‑Profit Law on June 2 by the Ontario Bar Association Charity and Not-For‑Profit Law Section in a luncheon ceremony. Celia Chandler introduced him with a brief recounting of his career and his personality. She called out “his energy, his idealism, his ability to cut to the chase.”

Brian followed that up with more detail, recounting key moments in his career. He remains, in his words, “an unrepentant 68er ‑ hopeful, not without reason, that with collective and sustained community initiatives, the world can be made a better place.”

Read on for the full text of their comments. There’s some great history in there! Here’s to more great work to come! Read the rest of this entry

And the 2016 AMS/John Hodgson Award of Excellence in Charity and Not‑For‑Profit Law goes to…. Brian Iler!

May 8th, 2016 by Iler Campbell

In 42 years of practising law, Brian Iler has focused on enabling social change.  Through his passionate efforts he has had a significant and sustaining impact on the non‑profit sector.  The Ontario Bar Association has recognized Brian’s work by awarding him the 2016 AMS/John Hodgson Award of Excellence in Charity and Not‑For‑Profit Law. And we couldn’t be prouder.

Brian, ever‑modest about his achievements, says: “I’m delighted. First, because the wonderful people in my firm chose to nominate me, and also that my peers in the profession have chosen to recognize the work I’ve done. Not that it’s over yet!”

What follows is our nomination letter:

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Non-profits await change from Liberal government. Here’s what needs to happen

April 5th, 2016 by Brian Iler

This article was first published on rabble.ca

In mandate letters to his newly appointed ministers, Justin Trudeau told Finance Minister Bill Morneau, and his minister responsible for Canada Revenue Agency (CRA), Diane Lebouthillier, to:

“modernize the rules governing the charitable and not-for-profit sectors. … A new legislative framework to strengthen the sector will emerge from this process.”

Wonderful news, for both charities and non-profits (sometimes referred to as “not-for-profits”). For non-charitable non-profits, this was especially exciting, as their voice in political circles is regularly eclipsed by far-better organized charities.

Read the rest of this entry