Canada Not-for-Profit Corporations Act: Little more than two years left to transition

On October 17, 2011 the Canada Not-for-profit Corporations Act (“CNFPCA”) came into force. As we discussed in our prior blog post What is the Not-for-Profit Corporations Act and why does it matter to me?, this Act applies to non-profits and charities incorporated under the Canada Corporations Act. Federally incorporated organizations were given three years to transition, and if they don’t do so by October 2014, they will automatically be dissolved. Read More

What is the Not-for-Profit Corporations Act and why does it matter to me?

Over the past year you have probably heard of the Not-for-Profit Corporations Act (“NFPCA”). And you may be wondering, does it affect my organization?

If your organization is a non-profit and either federally incorporated or incorporated in Ontario (or you are planning to incorporate in either of these jurisdictions) the answer is, YES. Read More

Drug allocation strategies – lessons from the Sandoz drug shortage

Since becoming aware of production issues at the drug manufacturing facilities of Sandoz Canada Inc., the sole supplier of a large number of the generic injectable drugs used in Ontario, health care providers have been rushing to prepare for possible drug shortages. Hospitals, pharmacies and long-term care facilities have found themselves unprepared for such a crisis. Read More

IPC annual report released with FIPPA and PHIPA statistics for 2011 – health sector specific analysis

On June 4, 2012, the Information and Privacy Commissioner of Ontario (IPC) released her 2011 annual report which  includes the access and privacy statistics for the Ministry of Health and Long-Term Care (MoHLTC), hospitals, health units, Local Health Integration Networks (LHINs), and other health care organizations under the Freedom of Information and Protection of Privacy Act  (FIPPA) and the Personal Health Information Protection Act (PHIPA). Read More

Final contracts with vendors not exempt under FIPPA – including hourly rates

Many hospitals are receiving requests under the Freedom of Information and Protection of Privacy Act (FIPPA) for contracts that they have entered into with third party vendors.  Not surprisingly, third parties tend to be highly protective of their commercial information and may be shocked to learn that their contracts with the hospital are at risk of being disclosed.  A recent case involving a regional municipality and a bus service company shows that the Information and Privacy Commissioner/Ontario (IPC) will disclose final contracts, including ones that contain a vendor’s hourly rates and other financial incentives. Read More

Will interpretation: when the named charity has changed after death

Many people through their Wills leave gifts to hospitals, hospital foundations and other charities.  However, sometimes these organizations no longer exist when that person dies as they did when the Will was made.  For example, when hospital amalgamations occur, the original hospital named in a Will may not be operating in the same way at the time of the person’s death.  In these cases, questions arise regarding whether the gift fails.  The case of Re Leer[1] is an example of how Courts will deal with these types of situations. Read More