Beginning January 1, 2012, all providers of goods and services within the province of Ontario, including charities and not-for-profit organizations will be required to comply with parts of the Accessibility for Ontarians with Disabilities Act (AODA). This legislation affects every Ontario PSO, as well as MSOs and NSOs that have offices in Ontario. The AODA [...]
Why and When You Are Required to Re-Incorporate Your Organization
By Steve Indig. A lot of sport organizations are hearing buzz about a major government law that will affect their operations and possibly their bylaws. Organizations are coming to us, concerned, and wondering if the new “corporations law” affects them, when they have act, and what they have to do. We have written about these [...]
Sport Organizations and the New Occupational Health and Safety Act
On June 15th 2010, an amendment to the Occupational Health and Safety Act was signed into Ontario law which focuses on workplace harassment and violence. The new changes are important for all workplaces, including sport organizations. It is also notable that the vast majority of National Sport Organizations are incorporated under Ontario law, and have [...]
Employee or Contractor? A New Perspective
The recent Ontario court decision of McKee v Reids Heritage Homes Ltd (RHH) has created yet another installment of the already confusing definition between who is an employee and who is a contractor. Specifically, this case distinguished between an employee and a contractor and what significance the true nature of the relationship between the two [...]
Defamation Update – Grant v. Torstar Corp
The Supreme Court decision in Grant v. Torstar Corp gives insight into the ongoing legal tussle between freedom of expression vs. protection of reputation afforded by the Canadian Charter of Rights and Freedoms. Until now the balance had tilted in favour of protection of reputation, and against the media making assumptions and expressing opinions about [...]
Overtime: A Ticking Time Bomb?
Curiously, we have been approached three times in the last month by sport organizations confronted with requests from employees to be paid out for significant accumulated overtime hours. In all cases, these claims have proved legitimate. A warning bell is ringing here! We would like to share this information with our newsletter readers. Under provincial [...]
Case Law Comment – Football Canada and the Taxman
Registered Canadian amateur athletic associations (also termed RCAAAs) are non-profit organizations that were established for the primary purpose of promoting amateur athletics in Canada on a nationwide basis. These organizations are registered as such under the Income Tax Act (the Act) and have the authority to issue official donation receipts for income tax purposes. Virtually [...]
Canada Raises Legal Age of Consent
The term “age of consent” is the age at which one is legally allowed to engage in sexual activity. In June 2006, the Harper government introduced Bill C-15, the Tackling Violent Crime Act, to raise the legal age of consent in Canada from 14 to 16. Officially, the purpose of the bill was to address [...]
Do You Know Who Your Members Are?
During the last several months, the Centre for Sport and Law has been asked by sport organizations to help in the implementation of their discipline and appeal policies, specifically as they relate to member behaviour that is in violation of the organization’s code of conduct or code of ethics. Adding to the challenge and complexity [...]
