Ability to hold virtual meetings for Ontario not-for-profit corporations extended until May 31, 2021On October 1, 2020, Ontario passed Regulation 544/20 under the Corporations Act (the “Regulation”), extending the ability for corporations to hold Member, Board and Board Committee meetings electronically until May 31, 2021. This means that corporations governed by the Corporations... |
Proclamation period extended for Ontario’s Not-for-Profit Corporations ActThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) was passed in 2010 but is not yet in force. The Ministry of Government and Consumer Services had previously indicated a potential ONCA launch date in 2020, however the Ontario Legislative Assembly has... |
Ontario introduces new bill to insulate against COVID-19 liabilityCOVID-19 has placed an unprecedented strain on employers, retailers, service providers, and our health care system. Unfortunately, at the same time that we have all been experiencing and navigating the inevitable increased risks of operating in a pandemic, some providers... |
Ontario introduces new bill to provide COVID-19 liability protectionCOVID-19 has placed an unprecedented strain on the health care system and has resulted in challenges for certain health service providers in service delivery and maintaining the health and safety of the patients and clients that they serve. Unfortunately, at... |
Annual returns due date approaching for Ontario health service providersUnder the Corporations Information Act (Ontario), corporations are required to file an Annual Return with the Ministry of Government and Consumer Services (the “Ministry”) within six months of the corporation’s financial year end to update the public record. The Annual Return provides... |
Ontario passes new law to extend certain COVID-19 Emergency Orders beyond declared state of emergencyOn July 21, 2020, Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Reopening Ontario Act”) received Royal Assent and will take effect on a day to be named by proclamation of the Lieutenant Governor. The... |
Episode 5: Resuming Health Services Amid COVID-19Listen to Episode 5 of Morning Commute with Miller Thomson. Miller Thomson's Health Industry lawyers discuss issues that health care providers in Ontario will need to consider as they resume services. |
New filing methods in COVID-19 Response and Reforms to Modernize Ontario Act, 2020On May 12, 2020 the Government of Ontario passed COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (the “Act”). This omnibus legislation makes temporary changes to various Ontario business statues and provides not-for-profit corporations with flexibility in meeting corporate... |
COVID-19 Efforts Shift to the Protection of Seniors and Vulnerable PersonsHealth Management in Canadian Health Care, Volume 22 Number 3 This article, originally published in Miller Thomson’s Health Communiqué, was reproduced in the June 2020 issue of Health Management in Canadian Health Care (LexisNexis). Although the community spread of the COVID-19 pandemic appears to have peaked in the province according... |
Public Hospital Advisory: Emergency Order allows Government to institute hospitals as temporary management for long-term care homes experiencing COVID-19 outbreakOn May 12, 2020, the Ontario government passed an emergency Order under the Emergency Management and Civil Protection Act temporarily amending section 156 of the Long-Term Care Homes Act, 2007 (“LTCHA”) to expand the circumstances under which the Director may... |
Operational requirements for health sector restart releasedChief Medical Officer of Health updates Directive #2 to ramp up health services On May 26, 2020, Ontario’s Chief Medical Officer of Health released an updated Directive #2 for health care providers which allows for a gradual restart of previously... |
Public Hospital Advisory: date extended for hospital annual general meetingsThe Government of Ontario has passed an amendment to Regulation 965 under the Public Hospitals Act, permitting the Minister of Health to direct that a hospital’s annual meeting be held at a time other than as provided for in the... |
COVID-19 efforts shift to the protection of seniors and vulnerable personsAlthough the community spread of the COVID-19 pandemic appears to have peaked in the province according to public health officials in Ontario, concern about the spread of COVID-19 in long-term care, retirement and congregate care settings has significantly increased. COVID-19... |
Ontario issues emergency order to enable flexibility in Board and Members meetings during COVID-19 PandemicOn March 25, 2020 Miller Thomson held a special edition Coffee Talk Directors Series titled Governance in COVID-19: Key Actions for Health Provider Boards of Directors. In that session, we discussed duties and responsibilities of Boards for continuing conduct for... |
Public Hospital Advisory: Ministry of Health relaxes approval process to enable hospitals to build COVID-19 capacityPublic hospitals across the province are working with their system partners and communities to build capacity to manage patients suffering from COVID-19 and to create flexible space to minimize the risk of exposure to other patients and staff. This includes... |
Provincial economic and fiscal update: Significant health sector fundingOntario’s Action Plan: Responding to COVID-19 (March 2020 Economic and Fiscal Update) (the “Action Plan”) was released yesterday and is intended to provide “a prudent one‐year outlook based on current economic projections”. The Action Plan has been released instead of... |
Hospital Naming Directive revokedIn 2017, the then Ontario Ministry of Health and Long-Term Care issued a Hospital Naming Directive (“Naming Directive”) setting out naming criteria and approval processes that all Ontario Hospitals were required to follow to change their corporate name or obtain... |
Update on new Ontario Not-for-Profit Corporations ActThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) was passed in 2010 and, up to recently, the Ministry of Government and Consumer Services (“MGCS”) had been indicating that it was expected to come into force in early 2020. The MGCS has... |
Passing of Bill 138 Brings More Change to the Health IndustryFollowing its swift passage through the Ontario Legislature, Bill 138, Plan to Build Ontario Together Act, 2019 (“Bill 138”) passed Third Reading and received Royal Assent on December 10, 2019. Bill 138 is far reaching and amends or enacts over... |
Significant Health System Changes in Effect December 2, 2019The past several weeks have been busy for the Ontario health industry, as the Government of Ontario has implemented a number of changes under the Connecting Care Act, 2019, S.O. 2019 and introduced legislative amendments in its quest to build... |
Ontario Releases Economic Outlook and Fiscal Review: Summary of Key Announcements for Health and Social ServicesThe Ontario Government released the 2019 Ontario Economic Outlook and Fiscal Review: A Plan to Build Ontario Together on November 6, 2019 (the “Economic Plan”). The Economic Plan is designed to support the government’s vision for “a future with state‐of‐the‐art... |
Annual Returns Due Date Approaching for Ontario Health Service ProvidersUnder the Corporations Information Act (Ontario), corporations are required to file an Annual Return with the Ministry of Government and Consumer Services (the “Ministry”) within six months of the corporation’s financial year end to update the public record. The Annual Return provides... |
What’s Happening?Social Impact group lead Susan Manwaring was invited by the Senate to appear before the Senate Special Committee on the Charitable Sector to present on the impact of federal and provincial laws and policies governing charities, nonprofit organizations, foundations, and other similar... |
What’s Happening?Karima Kanani will be speaking to the Halton Nonprofit Network on Corporate Governance Issues in Burlington, ON November 29, 2018. Sandra Enticknap, QC will be presenting at the STEP Conference entitled Tips, Trap, Trends, and Techniques in Charitable Giving, on... |
What’s Happening?Our Social Impact group will be presenting complimentary seminars in Saskatoon on November 6 and Regina on November 7 covering general best practices for non-profits and charities, as well as recent developments in the voluntary sector that may impact organizations... |
What’s Happening?David Tang and Andrew Valentine attended the ABA Annual Meeting. David moderated and spoke at a Continuing Legal Education Program panel co-sponsored by the Non profit Organizations Committee and the Cyberspace Committee entitled: “Board Transitions – Voluntary and Otherwise” in Austin, Texas on... |
What’s HappeningKarima Kanani presented on the topic: “Transformation Governance: Best Practices for Boards Engaged in Health System Renewal” at the Alliance for Healthier Communities, Health Equity Action and Transformation Conference in Toronto, ON on June 13, 2018. |
What’s HappeningKarima Kanani and Meg Spevak will be presenting on “Are You Ready? New Amendments to Non-Profit Governance in Ontario” to members of the Association of Family Health Teams of Ontario in Toronto, ON on May 11, 2018. Susan Manwaring will be speaking... |
Public Hospital Advisory: New Accountability Agreement for Hospitals (H-SAA)Pursuant to the Local Health Services Integration Act (“LHSIA”), hospitals receive operational funding through Hospital Service Accountability Agreements (“H-SAA”). The current H-SAA terminates on March 31, 2018, and a new H-SAA template is being implemented on April 1, 2018. The... |
What’s Happening?Susan Manwaring spoke on the topic: “Protecting Your Private Club’s Tax Exempt Status” at The Canadian Society of Club Managers’ BMI General Manager/COO Course at Ryerson University in Toronto, ON on January 27, 2018. Karima Kanani and Meg Spevak presented a webcast... |
Amendments to Non-Profit Governance in OntarioThe Ontario Corporations Act (“OCA”) was recently amended after not being substantially updated in many years. In November 2017, the Cutting Unnecessary Red Tape Act, 2017 made certain amendments to the OCA to bring long desired flexibility to the Ontario... |
What’s Happening?Karima Kanani and Andrew Valentine presented on “Business Activities and Social Enterprise: Legal Considerations” in Coffee Talk: A Miller Thomson LLP Health Industry Seminar Series in Toronto, ON on December 6, 2017. |
What’s Happening?Nicole D’Aoust and Natasha Smith presented at the AFP Congress 2017 on the topic: “You Can Donate That?! Non-traditional Gifts that can Make a Big Difference” in Toronto, ON on November 21, 2017. Kathryn Frelick and Karima Kanani presented a webcast... |
Public Hospital Advisory: Hospital Naming Directive Now EffectiveOn October 12, 2017, the Ontario Ministry of Health and Long-Term Care (the “Ministry”) issued a Hospital Naming Directive (the “Naming Directive”) setting out naming criteria and the approval process that all Ontario hospitals must follow when changing their corporate name or... |
October 16, 2017 Deadline to Submit Applications for Community Hub Surplus Property Transition InitiativeThe Province of Ontario recently announced a Surplus Property Transition Initiative (the “Initiative”), aimed at addressing barriers to the development of community hubs. The Initiative builds upon the recommendations identified in the Province’s Community Hubs in Ontario: A Strategic Framework & Action Plan.... |
New Edition of Essential Law for Social Work Practice in CanadaMiller Thomson’s National Health Industry Group is pleased to announce the third edition of Essential Law for Social Work Practice in Canada. Individuals who need social work services have problems that are complex and multifaceted. To best serve their clients,... |
Increased Access to Surplus Property Available for Health and Community Hubs in OntarioEffective September 1, 2016, the Disposition of Surplus Real Property Regulation to the Ontario Education Act(the “Disposition of Surplus Property Regulation”) was amended with the intention to reduce barriers to the formation of health and community hubs in Ontario. The changes... |
Karima Kanani quoted in Lexpert on issues facing health care providersLexpert Magazine, "Health Law: Stress Response" Navigating the political and bureaucratic minefield of health law is not for the faint of heart. But as demographic realities add pressure to an already stressed system, opportunities for innovators may emerge. |
New Opportunity for Health Service Providers to Collaborate in Health Technology DevelopmentMaRS Discovery District recently announced a new initiative called Innovation Partnership: Procurement by Co-Design. It offers start-up technology companies an opportunity to collaborate with Ontario-based, publicly funded healthcare service providers in the development of technology which is specifically tailored to... |
Public Hospital Advisory: New Ontario Ministry of Health Consultation Requirements for Legal, Business and Operating NamesThe Ontario Ministry of Health and Long-Term Care (the “Ministry”) has issued a memorandum requesting that all public hospitals in Ontario consult with the Ministry when considering changes to their legal, business or operating names. It is unclear at this... |
Open for Comment: Ontario Ministry of Health Releases Proposals for Health Care ReformOn December 17, 2015, the Ontario Ministry of Health and Long-Term Care (the “Ministry”) released its Patients First Proposal to Strengthen Patient-Centred Health Care in Ontario (the “Proposal”). The Proposal includes four key components, as follows: More effective integration of... |
New Ontario Not-for-Profit Corporations Act – Further Implementation DelaysThe in-force date of Ontario’s Not-for-Profit Corporations Act, 2010 (the “New Act”) has been further delayed. The Ministry of Government and Consumer Services recently announced that it will now provide 24 months’ notice before the New Act is proclaimed into force. ... |
BPSAA Changes In Force January 1, 2016 – Business Plan Publication and Compliance AttestationsEffective January 1, 2016 the Broader Public Sector Accountability Act, 2010 (the “BPSAA”) will be amended to include new sections around the publication of business plans and compliance attestations by designated broader public sector organizations. The amendments will allow the... |
REB of Record: Does your organization need an ‘REB of Record Agreement’?Organizations engaged in research involving humans are required to have proposed projects reviewed by a research ethics board (“REB”). Under the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (the “Policy”), an organization is responsible for establishing or appointing a... |
Federal Budget 2013: GST/HST Exemption Removed for Supplies of Paid ParkingSupplies of paid parking made by most pubic sector bodies including municipalities, universities, public colleges, school authorities and hospital authorities, are generally taxable. However, supplies of parking made by registered charities (other than municipalities, universities, public colleges, schools or hospitals)... |
Hospital Physicians: Employees or Independent Contractors?Risk Management in Canadian Health Care, 9(1), 4 |
Future Changes for Ontario Not-For-Profit Corporations ActBill 65, the Not-for-Profit Corporations Act, 2010 (the “New Act”), received Royal Assent on October 25, 2010 but will not be effective until it comes into force. We anticipate an in force date sometime in 2012. Once in force, the New... |
Bill C-4: Future changes for federally incorporated Not-for-Profit Corporations |
