Bill C-470 dealing with charity compensation disclosure dies on the order paper with election call

March 28, 2011 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: News, Canadian Charity Law, Ethics and Canadian Charities

I have been blogging about C-470 since March of 2010 with many concerns about the process in which the bill was forwarded and the content of the bill.  When this current election was called C-470 died on the order paper.  Here is a note from AFP on C-470 and the National Philanthropy Day legislation. It is important that there is good transparency in the charitable sector - the sector definitely needs to grapple with this issue, preferably in concert with CRA but having members of parliament determine the content of a form (ie. the T3010), a form for which they don’t even know its name, is not a good way to prioritize their time.  There is already quite a bit of disclosure on compensation in the T3010.  As I discussed in my original blog there are a number of areas that require greater disclosure, which was to some extent dealt with in the proposed 2011 Budget.

Here is the note from AFP:


Bill C-470 and NPD Legislation Fail in Wake of Canada’s Election

As you are aware, Governor General David Johnston officially dissolved Parliament last Saturday, March 26, 2011, and an election has been called for May 2, 2011.
The dissolution of Parliament terminated bills that had not received Royal Assent meaning that these bills are not reinstated when Parliament reconvenes. Instead, the bills must be reintroduced as completely new bills.

Bill C-470

Among the bills that died was Bill C-470, introduced by Albina Guarnieri, Liberal MP for Mississauga East-Cooksville. Late last year, the bill’s sponsor agreed to eliminate a very concerning salary cap from the bill. Unfortunately, that provision was offset by an amendment that broadened the bill’s disclosure provisions to include all employees over the floor of $100,000, rather than disclose the top five as originally proposed by the bill’s author. AFP was concerned about the unintended consequences of this amendment and was developing an education effort to educate MP’s and Senators about the amendment. Now that the bill is dead, it is not clear whether this bill will be reintroduced when Parliament reconvenes by another MP, but it is worth noting that Guarnieri is retiring and will not return to Parliament.

Bill C-470 clearly raised many concerns, but it also gave AFP the unique opportunity to work in a collaborative, proactive way with a broad spectrum of other organizations including Imagine Canada, HCCC, the Canadian Bar Association and others. It will be important to keep a strong working relationship with others in the sector because the issue of executive compensation, as well as other issues affecting the sector, will continue to be a point of discussion.

National Philanthropy Day Legislation

Unfortunately, another casualty of the dissolution of Parliament was the National Philanthropy Day (NPD) bill. On March 4, 2010, Senator Terry M. Mercer, CFRE (Liberal, Nova Scotia-Northend Halifax) introduced Bill S-203 that would permanently recognize National Philanthropy Day every November 15th. The bill was awaiting 3rd reading in the House of Commons.
We are aware that Senator Mercer is ready to reintroduce the NPD bill shortly after Parliament reconvenes and thank him for his continued efforts.
Member Action During the Election
AFP would like to thank everyone for their efforts over the past couple of years regarding both bills. Your continued assistance is needed and appreciated.
With Parliament dissolved, now is an ideal time to connect with your local Member of Parliament and, where applicable, local Senator. This action will raise the visibility of AFP’s advocacy priorities while reminding MP’s and Senators about AFP’s knowledge base.
AFP will provide some talking points next week to assist you with these efforts.
If you have any questions or need additional information, please contact Jason Lee, AFP General Counsel, at .

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Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

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