ONCA Fast Facts: Member proposal rightsThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA... |
ONCA Fast Facts: Annual meeting essentialsThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA... |
ONCA Fast Facts: Records and registersIn October 2021, Ontario’s Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Not-for-profit corporations in Ontario have three years to transition their governing documents to conform with ONCA. Our ONCA Fast Facts series explores what is new and different in... |
Ontario Progressive Conservative proposed 2022 budget: Highlights of investments in healthcareOn April 28, 2022, Ontario’s Progressive Conservative Party tabled their 2022 budget. The Lieutenant Governor has dissolved the Legislature and the 2022 Provincial election has officially commenced. This means the Progressive Conservative 2022 budget will not be debated until after... |
ONCA Fast Facts: Special resolutionsThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA... |
Federal Government releases 2022 Budget: Highlights of investments in healthcareOn April 7, 2022, the Canadian Federal Government released its 2022 Budget entitled A Plan to Grow Our Economy and Make Life More Affordable. The Budget includes various supports for the health sector, including responding to the effects of COVID-19,... |
Karima Kanani featured in the Law Times on building a successful careerLaw Times, "Miller Thomson partner Karima Kanani on why she doesn't buy into the term 'work-life balance'" Corporate lawyer and Miller Thomson partner Karima Kanani believes people need to integrate their work and personal life to best suit them and does not buy into the phrase “work-life balance.” “I don’t have a start time or a finished... |
ONCA Fast Facts: ProxiesThe Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. During the transition... |
ONCA Fast Facts: Limits on Board delegationThe Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA. Our ONCA Fast Facts series explores what is new and... |
ONCA Fast Facts: Audits and review engagementsIn October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA. Our ONCA Fast Facts series explores what is new and different in the... |
ONCA Fast Facts: Public Benefit CorporationsIn October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA Fast Facts... |
ONCA Fast Facts: Incorporation as of rightIn October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Not-for-profit corporations incorporated in Ontario will have a three-year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA Fast Facts series... |
ONCA Fast FactsIn October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA and, if not completed, the documents will then be deemed to be... |
Karima Kanani is featured in “Happy Lawyers,” an article in the Canadian Bar Association’s National MagazineThis article addresses five commonalities between lawyers who are happy in their profession. Miller Thomson’s Karima Kanani is highlighted for creating flexibility in her work day, allowing her to find work-life balance. Karima’s full profile is available on the Not... |
ONCA: Governance Action ItemsThe Ontario Not-for-Profit Corporations Act, 2010 (ONCA) came into force on October 19, 2021 with supporting Regulations. On the same day, the new Ontario Business Registry also launched. Ontario not-for-profit corporations now have a 3 year transition period to make... |
Ontario Not-for-Profit Corporations Act comes into force on October 19, 2021Earlier today, the Ministry of Government and Consumer Services (“Ministry”) announced that the Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) will come into force on October 19, 2021. The coming into force of the ONCA has been long anticipated by the... |
Canada releases 2021 Budget: Highlights from Canada’s plan to promote health, fight systemic racism, and empower Indigenous communitiesOn April 19, 2021, the Canadian Federal Government released its 2021 budget entitled A Recovery Plan for Jobs, Growth, and Resilience. The Budget is the first to be released since the COVID-19 pandemic began and attempts to address three key... |
Ontario extends ability for not-for-profit corporations to hold electronic meetings until December 31, 2021On April 6, 2021, Ontario passed Regulation 251/21 under the Corporations Act, further extending the temporary legislative provisions permitting Ontario not-for-profit Corporations to hold Member, Board and Board Committee meetings electronically from May 31, 2021 until December 31, 2021. These... |
Ontario extends ability for not-for-profit corporations to hold electronic meetings until December 31, 2021On April 6, 2021, Ontario passed Regulation 251/21 under the Corporations Act, further extending the temporary legislative provisions permitting Ontario not-for-profit Corporations to hold Member, Board and Board Committee meetings electronically from May 31, 2021 until December 31, 2021. These... |
Ontario releases 2021 Budget: Highlights from Ontario’s Plan for Protecting People’s HealthOn March 24, 2021, Minister of Finance and President of the Treasury Board, Peter Bethlenfalvy released Ontario’s budget for 2021, Ontario’s Action Plan: Protecting People’s Health and Our Economy. The 2021 Budget is a response to COVID-19 and is the... |
Public Hospital Advisory: Ministry of Health extends general approval under Public Hospitals Act of temporary capacity expansion for public hospitalsPublic hospitals in Ontario continue to collaborate with healthcare and community partners to build system capacity in responding to COVID-19. Subsection 4(2) of Ontario’s Public Hospitals Act (“PHA”) requires the approval of the Minister of Health to operate or use... |
Ontario launching new agency to centralize government procurementOn November 5, 2020, the Ontario government published Ontario Regulation 612/20 Centralized Supply Chain Ontario (the “Supply Chain Regulation”), under the Supply Chain Management Act, 2019 (the “Act”). The Supply Chain Regulation establishes Supply Ontario, a centralized procurement agency that... |
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... |
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... |
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... |
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 |
