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91��Ƶ legislature in review: Spring/summer 2020

From the start of COVID-19, spring and summer 2020 was a nonstop policy announcement cycle at the 91��Ƶ legislature. Here’s a roundup of what nonprofits need to know, including important updates on the 91��Ƶ Not-for-Profit Corporations Act, and a great example of nonprofit advocacy in action.

Bill 197: COVID-19 Economic Recovery Act, 2020
Bill 195: Reopening 91��Ƶ (A Flexible Response to COVID-19) Act, 2020
Other activities related to nonprofits
What didn’t happen in the Legislature?
What’s next?

Bill 197: COVID-19 Economic Recovery Act, 2020

, is an omnibus bill  presented to the 91��Ƶ legislature on July 8, with 20 schedules affecting 44 laws. It received Royal Assent on July 21, 2020. The 91��Ƶ government aims to kickstart the province’s economy amidst the pandemic with this bill by addressing issues in a wide-range of fields, from the development industry to environmental regulations.
How does this bill affect the nonprofit sector?

amends the Building Code Act, 1992 by granting the Minister of Municipal Affairs and Housing the authority to set regulatory decisions for the construction and demolitions of sites.
amends the Development Charges Act, 1997, meaning more services will be allowed to impose development charges. Added services include libraries, long-term care, child care, housing services, and parks and recreation (does not include land acquired for park usage). Previous changes to this were proposed under Bill 108, but these changes had not been enacted.
amends the Environmental Assessment Act to streamline environmental assessments for smaller scale municipal projects allowing them to bypass environmental assessments for project approvals. The timelines of environmental assessments for larger projects will also be reduced. Indigenous communities will still maintain their right to consultations.

• and MPP Mike Schreiner has questioned the motives behind the government having full powers to decide which projects require environmental assessments.
• including the Canadian Environmental Law Association, along with the , have raised concerns that these changes are illegal as they do not follow the Environmental Bill of Rights.
• . The Environmental Bill of Rights requires public notice and consultations for development projects, which are missing in these new changes.
• Currently, Ecojustice, Greenpeace Canada and Wilderness Committee are for not committing to consult with communities over development projects.

outlines changes to the Occupational Health and Safety Act where the provincial government is now able to make changes to health and safety regulatory standards without introducing regulatory amendments.

• The Canadian Environmental Law Association (CELA) notes that and timeframe and that there is no commitment to engaging with stakeholders and the public throughout the process.

amends the Planning Act, so municipalities will no longer be able to apply community benefits charges on development projects with fewer than five stories at or above ground or fewer than 10 residential units.

Bill 195: Reopening 91��Ƶ (A Flexible Response to COVID-19) Act, 2020

Bill 195 creates the new “Reopening 91��Ƶ” Act, which continues pandemic-related orders made under the Emergency Management and Civil Protection Act even after the State of Emergency was declared over. Emergency orders can be renewed, amended, or revoked every 30 days by a Cabinet minister for up to a year. The Legislature may extend orders for a second year. was created to scrutinize ongoing extensions of emergency orders and hear reports from the Premier. The MPP for Cambridge, Belinda Karahalios, was expelled from the Progressive Conservative caucus for voting against the bill.
How does this bill affect the nonprofit sector?

• Orders in force (and revoked) can be seen on the province’s .
• Civil liberties groups have expressed beyond the state of emergency, while about the provisions allowed to continue that override collective agreements in health and social service settings.

Other activities related to nonprofits

Bill 192, Protecting Small Business Act, was – possibly setting a new record for fastest assent. Bill 192 amends the Commercial Tenancies Act to prevent certain evictions.
Bill 184, Protecting Tenants and Strengthening Community Housing Act, after four months of consideration. Bill 184 amends the Housing Services Act and the Residential Tenancies Act, among other pieces of legislation. The bill aims to modernize the community housing sector, to prevent unlawful residential evictions and ensure compensation when these evictions occur, and to enable landlords to implement rent increases for maintenance upgrades.

• and are concerned the bill will actually accelerate evictions in the private rental market.
• Nonprofit housing providers note that consultations on a modernized Community Housing framework are ongoing and that details are still to come in regulations. Read the of the bill and the .

Bill 175, Connecting People to Home and Community Care Act, received Royal Assent in July. According to the , there is a need for ongoing consultation with nonprofit home care and community support service providers to ensure the development of appropriate regulations. Among other recommendations, OCSA had asked for “ which include a preference for not-for-profit providers with a history of high-quality service,” details of which will be determined through regulation and policy. of the risk of privatization under Bill 175.
Bill 171, the Building Transit Faster Act, . The bill seeks to remove barriers to accelerating construction on Toronto transit projects.
Bill 161, Smarter and Stronger Justice Act, , seven months after its initial introduction. The bill modernizes almost 20 statutes related to the justice system.

• There were concerns in the spring when the bill was at the hearings stage that Bill 161 would create including in the for-profit long-term care sector; .
• There was also a successful advocacy campaign by justice advocates and to oppose the : to “promote access to justice” and “be responsive to the needs of low-income individuals and disadvantaged communities.” With an amendment passed at Third Reading, Bill 161 is a great example of nonprofit advocacy in action!

Bill 156, the Security from Trespass and Protecting Food Safety Act, – meaning new fines for animal welfare activists and public interest journalists investigating and documenting suspected animal abuse in the food and farming industry.
with calls to remedy the unequal impact of Bill 124 wage restraint legislation on women-dominated professions. (ONN’s position on Bill 124.)
In mid-June, the 91��Ƶ government reinstated reporting requirements under the Environmental Bill of Rights after .
There was a debate in the Legislature on Motion no. 89 to ensure the 91��Ƶ Not-for-Profit Corporations Act does not expire before proclamation later this year. The motion’s debate led to some detailed and passionate testimony (see and ) on the importance of the nonprofit sector, the impact of the pandemic on local organizations, and the need for stabilization funding and insurance relief. ONN is grateful to all of the MPPs who stood to share stories of their local nonprofits.

What didn’t happen in the Legislature?

• No COVID stabilization fund for nonprofits affected by the pandemic. ONN is grateful to the 91��Ƶ NDP, the 91��Ƶ Liberal Party, and the Green Party of 91��Ƶ for supporting our call for a sector fund.
• No paid sick days (though recent – for those who qualify).
• No social enterprise strategy to help nonprofits whose earned income has been hard-hit by the pandemic closures.
• No Good Samaritan liability protection for nonprofits that follow all public health guidance but are still facing COVID-related insurance exclusions, rate hikes, and denial of coverage.

What’s next?

ONN is tracking bills through the Legislature during the Fall 2020 session, including (a red tape reduction bill), (which amends family law), and (which affects commercial and residential tenants). We’re combing through the final summer report of the Standing Committee on Finance and Economic Affairs on the , including nonprofits. We’re expecting a fall budget/economic update bill, due by November 15. And finally, we’re expecting the 91��Ƶ Not-for-Profit Corporations Act to be proclaimed by year’s end. Stay tuned for reports on these bills and more in the next update on what happened in the Legislature!