Update: Bill S-216 has now been passed “in essence” via Bill C-19, the Budget Implementation Act. Bill C-19 included measures that changed the “direction and control” requirements that regulate charities who work with non-charities.
According to Senator Ratna Omidvar, sponsor of Bill S-216, “These are big and important changes. They provide a path to get rid of the deeply embedded form of systemic racism that was contained in the Income Tax Act. In its place will be strong, accountable and effective partnerships based on mutual respect.”
Bill S-216, otherwise known as the Effective and Accountable Charities Act, sought to amend the Income Tax Act to empower charities by allowing them to more effectively collaborate with a wider range of organizations, including those without charitable status, which the Act refers to as “non-qualified donees”. Proponents of the Bill said the amendments were necessary to get rid of burdensome and expensive redtape and outdated legal bureaucracy. But the key shift proposed by Bill S-216 is much more aspirational: to eliminate the deeply-rooted and historic paternalism that many see embedded in the current rules about how charities can operate.
In this episode, we speak with Senator Ratna Omidvar, sponsor of Bill S-216, and with other nonprofit sector experts to explore the pros and cons of this legislation, as well as the deeper implications of what it means for Canadian charitable organizations now that it’s become law.
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Meet Our Guests (in order of appearance)
The Honourable Ratna Omidvar
Senator for Ontario, The Senate of Canada
In 2016, Ratna Omidvar was appointed to the Senate of Canada as an independent Senator representing Ontario. From 2018 – 2019, Senator Omidvar served as the Deputy Chair of the Special Senate Committee on the Charitable Sector. She is currently the Chair of the Senate Standing Committee on Social Affairs, Science and Technology.
Susan Manwaring
Partner, Miller Thomson LLP
Susan Manwaring is a recognized leading expert advising social enterprises, charities and nonprofits in her practice. Susan provides both general counsel and specialized tax advice to her clients across Canada and internationally. Susan is the national lead of the Social Impact Group at Miller Thomson.
Cathy Taylor
Executive Director, Ontario Nonprofit Network
Cathy Taylor (she/her) has been a member of the ONN team since June 2012. Throughout her 20 years working in the nonprofit sector, including as the founding Executive Director of the Volunteer Centre of Guelph/Wellington, she has been passionate about collaboration and leadership in the sector.
Mark Blumberg
Partner, Blumberg Segal LLP
Mark Blumberg is a partner at the law firm Blumberg Segal LLP (Blumbergs) in Toronto and works almost exclusively advising non-profits and registered charities on their work in Canada and abroad. Mark has written numerous articles, is a frequent speaker on legal issues involving charity and not-for-profit law and is the editor of www.canadiancharitylaw.ca – Canadian website dedicated to news about the Canadian charitable sector as well as legal and ethical issues for Canadian charities operating in Canada or overseas.
Bill Mintram
Director, Indigenous and Northern Relations, The Rideau Hall Foundation
Bill Mintram is Métis and a graduate of the University of Saskatchewan. Prior to joining the RHF, he held the position of Senior Manager, Indigenous Relations with the Canadian Red Cross. He has also served as Executive Director for the Saskatoon Indian and Métis Friendship Centre, and held many board, adjudication, and advisory positions including two terms as an executive board member for the National Association of Friendship Centres.
Kris Archie
Chief Executive Officer, The Circle on Philanthropy and Aboriginal Peoples in Canada (The Circle)
Kris Archie is the Chief Executive Officer of The Circle on Philanthropy and Aboriginal Peoples in Canada (The Circle). A Secwepemc and Seme7 woman from Ts’qescen, a mother, aunty and engaged community member. Kris is passionate about heart-based community work and facilitating positive change. In all of her roles, Kris works to transform philanthropy and contribute to positive change by creating spaces of shared learning, relationship-building and centering Indigenous wisdom.
About your Host
Mary Barroll
President of CharityVillage
Mary Barroll, president of CharityVillage, is an online business executive and lawyer with a background in media, technology and IP law. A former CBC journalist and TV producer, in 2013 she was appointed General Counsel & VP Media Affairs at CharityVillage.com, Canada’s largest job portal for charities and not for profits in Canada, and then President in 2021. Mary is also President of sister company, TalentEgg.ca, Canada’s No.1, award-winning job board and online career resource that connects top employers with top students and grads.
Additional Resources from this Episode
We’ve gathered the resources from this episode into one helpful list:
- Bill S-216: The Effective and Accountable Charities Act
- Speech on Bill S-216 (The Honourable Ratna Omidvar)
- Open Letter by Charity Lawyers in Support of Bill S-216
- Unfunded: Black Communities Overlooked by Canadian Philanthropy (Foundation for Black Communities)
- Canadian charities giving to Indigenous Charities and Qualified Donees – 2018 (Canadian Charity Law)
- Concerns about Bill S-216 (Mark Blumberg)
- Orange Shirt Day
- Budget 2022 (Government of Canada News Release)
- Nonprofits brief MPs on impact of key legislation (Imagine Canada)
- Bill introduced in House of Commons to remove ‘direction and control’ (The Philanthropist)
- The new qualifying disbursements rules: An improvement? (Miller Thomson LLP)
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