British Columbia

Five Paid Sick Days

Effective January 1, 2022 employees covered by the Employment Standards Act in British Columbia are entitled to 5 paid sick days. This change was made by Bill 13, the Employment Standards Amendment Act, 2021 which was passed in April 2021.

After 90 consecutive days of employment an employee is entitled to paid leave for up to the number of days prescribed. That number is currently 5. Employees are still entitled to up to 3 days of unpaid leave for personal illness or injury. That means eligible employees get 5 paid days and 3 unpaid days of leave for illness or injury.

This is different from the COVID-19 Paid Sick-Leave Reimbursement Program. That program ended December 31, 2021 but employers have until January 17, 2022 to submit any remaining requests.

For more, you can check BC’s Paid Sick Leave page.

Return of COVID-19 Safety Plans

Last June, BC directed employers to implement Communicable Disease Prevention Plans rather than COVID-19-specific plans. As of January 7, 2022, BC has ordered employers to return to COVID-19 Safety Plans.

For more on how to make sure your re-introduced COVID-19 Safety Plan aligns with all the changes in guidance and orders, see WorkSafeBC.

Alberta

Health & Safety Legislation

Changes to Alberta’s Occupational Health and Safety Act came into effect in December 2021. In case you missed them, here is a summary of a few key changes.

These updates were made by Bill 47, Ensuring Safety and Cutting Red Tape Act, 2020.  Key changes include:

• Worker count to determine whether an employer must have a health and safety (H&S) committee or representative no longer includes volunteers (Part 2)
  • Note: the thresholds of 20+ workers for a committee and 5-19 workers for a representative remain the same
• More flexibility for employers over content of training requirements for H&S committees or representatives, removing mandatory elements
• Dangerous work refusals – the terminology around the right to refuse dangerous work has changed from refusing a “dangerous condition at the work site” to refusing work if there is an “undue hazard” which means a “hazard that poses a serious and immediate threat to the health and safety of a person” (Part 3)
• Adding serious “illnesses” to injuries and incidents for reporting purposes (Part 7)

For more, you can watch Alberta’s Change highlights: the 2020 Occupational Health and Safety Act. It provides an overview of the updates that took effect in December 2021. You can also check out the Occupational Health and Safety Resource Portal and Alberta’s summary document, Changes to OHS Laws (December 2021).

Saskatchewan

Proposed Legislation for Paid Sick Days

Private Members’ Bill 606, The Saskatchewan Employment (Paid Sick Days) Amendment Act, 2021 proposes to give employees 10 paid sick days per year, or 14 paid sick days per year during a state of emergency related to a communicable disease.

The bill was introduced by an opposition party member on November 15, 2021 and has passed first reading. It must also pass second reading, third reading, and be given Royal Assent to be effective.

Amendments to The Saskatchewan Employment Act

There are a few changes to the Saskatchewan Employment Act that were effective January 1, 2022. These changes come from Bill 60, The Saskatchewan Employment Amendment Act, 2021 which was given Royal Assent in November, 2021.

The three key changes are:

• Definition of harassment expanded to specifically include conduct, comment, display, action or gesture by a person that is of a sexual nature and is unwelcome. Instead of listing grounds in the Human Rights Code, they are incorporated by reference along with physical size or weight.
  • Note: Independent contractors, students and volunteers are included in the definition of workers who are protected from harassment
• COVID-19 liability protection for employers who made good faith efforts to act in accordance with specified COVID-19 regulations
• Supervisors can participate in a union, either with those they supervise or in a separate bargaining unit

Ontario

No to Non-Competes and Yes to Disconnecting

Bill 27, the Working for Workers Act received Royal Assent in December 2021. It made several employment related amendments with different effective dates.

• Right to disconnect, effective January 1, 2022 – amends the Employment Standards Act, 2000
  • Employers with 25 or more employees on January 1 of any year must, by March of that year, have a written policy on disconnecting from work.
  • Note: employers who meet the 25+ threshold as of January 1, 2022 have until June 2, 2022 to have a written policy in place
  • Note: With this new legislation, there is a lack of clarity around the requirements of this policy: there is no mandatory content, no indication of consequences for a breach, and no clarity as to whom it actually applies and under what circumstances.

For a sample “Right to Disconnect” policy, CCCC members can log in to The Green.

• Non-compete agreements are generally prohibited, effective October 25, 2021 – amends the Employment Standards Act, 2000
  • Does not apply to agreements made before October 25, 2021
  • It does not apply to executives (CEO, president, any chief executive position (operating, financial, information, legal, human resource, corporate development, etc.))
  • It does not apply to the sale of a business
• Washroom access, not yet proclaimed – the Occupational Health and Safety Act now requires workplace owners to provide washroom access for delivery service providers when they are on site for a drop off or pickup, subject to reasonable limits

Proposed Legislation for Job Protection

Private Members’ Bill 6, Jobs and Jabs Act, 2021 proposes to amend the Employment Standards Act, 2000 to prohibit employers from intimidating, dismissing, placing on leave or penalizing an employee based on the employee’s vaccination status. It also requires an employee be reinstated if the employer has violated the prohibition.

The bill was introduced by an independent MPP on October 5, 2021 and has passed first reading. It must also pass second reading, third reading, and be given Royal Assent to be effective.

Proposed Legislation for Paid Sick Days

Private Members’ Bill 7, 10 Paid Sick Days for Ontario Workers Act, 2021 proposes to amend the Employment Standards Act, 2000 to provide up to 10 paid days of personal emergency leave for personal illness, injury or medical emergency for a worker or worker’s family member. It would also extend the existing infectious disease emergency leave from 3 paid days to 10.

This bill was introduced by an opposition MPP on October 5, 2021 and has passed first reading. It must also pass second reading, third reading, and be given Royal Assent to be effective.

Note: Ontario’s COVID-19 worker income benefit has been extended to July 31, 2022. This benefit requires employees to provide up to three days of paid infectious disease emergency leave for certain reasons related to COVID-19.

Federal

10 Paid Sick Days

Bill C-3, An Act to Amend the Criminal Code and the Canada Labour Code received Royal Assent in December 2021. It will amend the Canada Labour Code to provide that employees can earn and take up to 10 days of paid sick days per calendar year.

• After 30 days of continuous employment, the employee earns 3 paid sick days
• After 60 days of continuous employment, the employee will earn one paid sick day per month of continuous employment, up to a maximum of 10 per year

The amendments will come into force on a day set by order of the Governor in Council (cabinet, signed by the Governor General).

The post Employment Updates appeared first on CCCC Blogs.

Alberta

Bill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021 updates other acts, including the Societies Act, so organizations can meet and vote online. Unless the organization’s bylaws, articles or other governing documents expressly provide otherwise, the Societies Act now permits attendance at directors’ meetings or AGMs by electronic means. The entirety of the meetings can be held electronically, electronic notice is sufficient, and voting can take place electronically. The changes came into effect 26 March 2021 and are retroactive to 15 August 2020.

British Columbia

BC has updated legislation to permanently allow societies, cooperative associations and companies the option of holding fully virtual meetings. The Finance Statutes Amendment Act (No. 2), 2021 amended the Societies Act so that:

• Electronic meetings (full or partial) are allowed (ss 76, 77)

• Concepts of location or presence are replaced with the concept of attendance (so long as it also allows participation) (ss 76, 77, 82(4), 83)
• Method of voting is still governed by bylaws and means of voting must be authorized in the bylaws (ss 11(1), 83, 84(5), (6))

It’s important to know that the default permission for members to participate in an electronic meeting does not apply if the bylaws provide otherwise (s 83(1)). For more on how the amendments have been applied by BC courts, see CCCC Bulletin (Sept 2021) QuickPicks, p 6.

This permanent change replaces Ministerial Order No. M116. For more information you can check the BC government’s Not-for-profit Organizations page.

Manitoba

In Manitoba, Order in Council 325/2021 (September 29, 2021) has replaced three prior Orders in Council (88/2021 (March 2021), 257/2020 and 132/2020).

The September 2021 Order is identical to the March 2021 Order. It allows for electronic attendance at a meeting if the means permit everyone to adequately communicate with each other during the meeting and it applies “even if such means are not permitted or are specifically excluded by the incorporated body’s by-laws” (see s 7(2) of the Order).

If a notice of meeting has already been given and it is later changed, information about the change must be provided within a reasonable time via email and (where applicable) posting it to the corporation’s website, but a revised notice of meeting is not otherwise required.  Voting can take place electronically so long as the board of directors takes “reasonable measures to ensure” that voter identity is verified and each person who votes does so only in their own right or by a valid proxy.

There are similar provisions for Directors’ meetings.

The Order is effective October 1, 2021 – March 31, 2022, unless revoked sooner.

Among other legislative provisions, the Order suspends and replaces portions of The Cooperatives Act (ss 201(1), (2), 222(7), (8), s 224, ss 236(3), 379(1), (2)), the Cooperatives Regulation Man Reg 95/99 (s 11.3), and The Corporations Act (ss 109(9), 126(4), s 126.1, ss 127(a), s 135).

New Brunswick

There are no specific orders or directives related to the Corporate Registry of Service New Brunswick that speak to meeting delays or flexibility. Non-profits and charities operate under the Companies Act, which provides that all provisions of the Act apply to every non-profit corporation.

What to do? Check your by-laws to know how your corporate meetings are to take place. If your by-laws are silent, s 94 of the Act directs how elections should take place.

Section 94.2 of the act allows for directors to participate in director meetings or committee meetings by phone or “other communication facilities” if the by-laws provide for it or, subject to the by-laws, all the directors consent to that format.

Similarly, section 103.2 allows for attendance at member meetings by phone or “other communication facilities” that allow everyone participating to hear each other if the by-laws provide for it or all members entitled to vote consent to that format.

Newfoundland & Labrador

Bill 51, An Act to Amend the Condominium Act, 2009, the Co-Operatives Act and the Corporations Act, was introduced and passed in November 2020.

The Bill made permanent changes to those acts that allow director meetings, committee meetings, and member meetings to be held by telephone or electronic means. Similarly, voting can be entirely by phone or electronic means. Participants need to be able to clearly hear each other, be able to communicate, and where necessary, allow for anonymous voting.

The permission is subject to the corporation’s bylaws and whether they provide otherwise. The permission is also conditional on all directors consenting (for director and committee meetings), and on approval of the corporation (for member meetings).

Permanent flexibility for electronic and hybrid meetings means that the June 2020 permission to delay AGMs has not been renewed.

Nova Scotia

A Ministerial Direction prohibits societies and other corporate bodies from holding any statutorily required meetings in person if gathering restrictions or other applicable conditions cannot be met.

In place of in-person meetings, the Direction permits virtual and hybrid meetings whether or not virtual meetings are otherwise allowed or provided for in an enactment, article, bylaw or governing agreement.

Other requirements for the meetings should be met, such as quorum, record, notice; participants must be able to adequately communicate with one another.

It applies to societies incorporated under the Societies Act as well as all other societies or corporate bodies, incorporated by or under provincial laws or otherwise.

Alternatively, meetings can be deferred without penalty for a period of up to 90 days after the last date of the declared state of emergency. Where a meeting is deferred, everyone entitled to be present at the meeting must be notified in advance of the meeting date as required by applicable law, article, bylaw. If no notice period is stated, it must be no less than 7 calendar days.

This directive is in place for the duration of the State of Emergency (unless terminated earlier by the Minister of Municipal Affairs and Housing). The State of Emergency has been extended more than 40 times, most recently until October 31, 2021.

Northwest Territories

The Northwest Territories has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Unless your bylaws state otherwise, section 16.1 of the Act allows for a member to attend an AGM by phone or other mode of communication if everyone can hear each other.

If you’re still unsure, you may want to reach our to either NWT Corporate Registries, your legal counsel, or CCCC Member Support Team.

Nunavut

Nunavut has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Section 5 of the Act requires that a society’s by-laws set out the mode of general meetings and section 17 of the Act requires that the AGM be held in Nunavut. The Act is otherwise silent on how societies are to hold the meeting.

Ontario

The ability to hold electronic corporate meetings has been extended to September 30, 2022.

Corporations under the following acts can continue holding virtual meetings until September 30, 2022:

• Not-for-Profit Corporations Act, 2010 
• Business Corporations Act
• Co-operative Corporations Act
• Condominium Act, 1998
• Corporations Act

This means that despite provisions in a corporation’s letters patent, supplementary letters patent or by-laws of a corporation that provide otherwise, member, board and board committee meetings can be held electronically until September 30, 2022.

If you have questions about the extension of the effective period of the temporary legislative provisions related to virtual meetings, you can contact the government directly at OnCondo@ontario.ca and BusinessLawPolicy@ontario.ca.

For more from Ontario, visit COVID-19 changes to meetings and business operations.

Prince Edward Island

Prince Edward Island has no specific orders or directives related to the Companies Act that speak to meeting delays or flexibility. Charities operate under Part II of the Companies Act as well as applicable sections in other parts of the Act.

Your bylaws should tell you all you need to know about your meetings. To be granted letters patent for a non-profit company, a petition must accompany the application. That petition must include a variety of detailed information including the “mode of holding meetings, provision for quorum, rights of voting…” as per s 90(2)(b). The Act does not speak to digital, telephone, remote or other forms of meetings.

To help plan compliant meetings, see PEI’s Operational Plan FAQs and Public Health Measure Guidance.

Quebec

An Order in Council (1313-2021) issued on October 13, 2021 renews the public health emergency along with a laundry list of other Orders in Council and Ministerial Orders.

One of the renewed orders was Ministerial Order (2020-029). This Order allows any meeting of a deliberative body that normally takes place in person to be held by other means so long as everyone can communicate with each other immediately. If a secret ballot would normally be required, it can be held by any means of communication that everyone agrees upon, or alternatively, in a way that preserves the secret nature of the vote and can be verified.

“Deliberative bodies” includes non-profit organizations governed by the Companies Act [Act], as confirmed in a government press release [French only].

Since November 2019, the Act has allowed meetings by phone, videoconference or other digital means so long as everyone can communicate with each other immediately (ss 89.2-89.4, 224). But this permission in the Act is subject to bylaws of the corporation. So if the bylaws prohibit phone or electronic meetings, the Act isn’t much help.

That’s why Order 2020-029 was necessary. It essentially overrides any bylaw or other corporate provisions that would prohibit alternate meeting options. Since the public health emergency has been continually renewed since it was declared March 13, 2020 it is almost certain the Order will also continue to be renewed, extending the option for virtual meetings.

Saskatchewan

In Saskatchewan, the Non-profit Corporations Regulations, 1997 were amended by Order in Council to authorize non-profit corporations to hold member meetings by phone or electronic means, so long as the articles or bylaws do not prohibit it and participants are able to adequately communicate with one another. It was effective as of February 26, 2021.

The Non-profit Corporations Act requires that member meetings “shall be held at the place within Saskatchewan provided in the bylaws” (see s.122). The Order amends the definition of “held at the place” by adding a definition to s.13 of the Act to remove the geographic restriction. 

This amendment updates a previous change, made in May 2020, by adding clarifying language and specifying that people who attend virtually are deemed to be present at the meeting.

Yukon

Depending on the type of organization, a Ministerial Order issued March 2, 2021 relating to AGMs may still be effective. It applies for a “designated period.”

• For associations and societies, that is 90 days after the end of the state of emergency
• For corporations and limited partnerships, that is 30 days after the end of the state of emergency

The state of emergency ended August 25, 2021. That means the 30 days for corporations and limited partnerships has passed, and the 90 days for associations and societies will end November 23, 2021.

The Order allows AGMs to be partially or entirely by phone or electronic means. It’s allowed even if the bylaws don’t provide for the meeting, and whether the directors have chosen to hold an electronic meeting or if a member calls such a meeting. The Order allows all members to attend, participate, and where applicable, vote all by electronic means. Similarly, directors’ meetings can be held electronically. These meetings are deemed to have been held in Yukon and participants are considered to be present.

The Ministerial Order allowing for electronic meetings is retroactive to any time in the designated period, or before the state of emergency was declared (March 27, 2020). You can read more about the Yukon’s legislation changes for COVID-19 here.

Federal

As of January 1, 2021, the normal rules for calling AGMs and presenting financial statements apply. A 2020 order extending deadlines for federally incorporated charities was not renewed.

Corporations Canada outlines three options for charities to consider:

• Virtual AGM

For virtual meetings, you need to check your by-laws to see what they allow. If the bylaw specifically allows virtual meetings, great! You can hold a fully virtual meeting. If the bylaw is silent or doesn’t permit virtual meetings, you can consider a partially virtual meeting. Some attend in person and other participate virtually as long as everyone can communicate.

In terms of voting, again, check your bylaws. Participants can vote digitally if it’s not prohibited and the voting platform complies with regulations (i.e. maintain anonymity).

• Resolution Instead of AGM

Practically, this is probably only an option for corporations with a small membership. The resolution must, at minimum include (1) director elections, (2) financial statements, (3) appointing the auditor or waiving such appointment. All other business items normally communicated at the AGM must also be included.

• Delay Calling the AGM

If it would be detrimental to call the AGM within the normal timeframe, non-for-profit corporations can apply to delay the AGM. You need to apply at least 30 business days before the notice to members has to be sent. Corporations Canada has a page with all the information you need on how to apply for an extension.

For more, check out this article on Holding a Successful AGM.

The post AGM Options Across Canada: 2021 Fall Update appeared first on CCCC Blogs.

Saskatchewan joins Alberta in lifting public health orders, with BC very close behind. As of July 1 and its Step 3, BC has no capacity limits on indoor or outdoor religious gatherings, no provincial masking order, and no restrictions on personal gatherings. As of August 2, New Brunswick will move to Phase 3 and lift all of its restrictions as well.

Meanwhile, Ontario will move into its Step 3 of its 3-step plan on July 16, five days ahead of schedule. Step 3 revises, but does not remove, public health orders and restrictions.

There are some important, significant, and welcome changes in Step 3:

• Indoor and outdoor religious gatherings are limited only by physical distancing constraints – this is great news for churches!!
• Indoor social gatherings have increased to 25; outdoor to 100.
• Day camps and overnight camps can operate if they follow the safety guidelines produced by the Chief Medical Officer of Health.

Step 3 is a step forward, but it is not the end for Ontario. New thresholds have been set: Step 3 rules remain in place until 21 days have passed, 80% of eligible Ontarians 12+ have received one dose, 75% are fully vaccinated, and other key public health and health care indicators remain stable. Upon meeting these new thresholds, “the vast majority” of public health measures will be lifted, except that “face coverings will also continue to be required for indoor public settings” on the advice of the Chief Medical Officer of Health. Ontario’s plan remains a “three step” plan, but it’s not clear what to call the “post-Step 3” period, or when the remaining restrictions will actually be lifted.

The new rules have been incorporated into Ontario Regulation 364/20 which has the full list of provincial regulations for Step 3. You can read a partial summary of the new rules in Ontario’s July 9 press release.

What are the other provincial opening plans? See this summary chart. It has links to plans, thresholds, dates and a summary of key changes for camps, churches and personal gatherings.

The post Saskatchewan Removes All Public Health Orders, Ontario Revises appeared first on CCCC Blogs.

Provinces across Canada have started to release reopening plans for 2021! British Columbia, Alberta, Saskatchewan, Ontario, Quebec, New Brunswick and Prince Edward Island have all released their plans. Whether it’s steps, phases, zones or stages, each of these provinces have made plans for reopening.

Although we’ve been here before (e.g. Church Doors Are Opening! (11 June 2020), COVID-19: Re-Opening Plans Across Canada (1 May 2020)), many of the plans actually provide a clear endpoint for emergency orders and restrictions.

The key difference this time around is vaccines. All of the openings are tied to vaccination rates. Many also reference hospitalization numbers, whether in specific terms (i.e. Alberta set actual numbers) or generically (i.e. BC requires declining numbers, Ontario refers to “public health indicators”).

Below is a summary chart indicating the dates, links to each of the provincial plans, and key changes for camps, places of worship and social gatherings.

The plans vary widely, with Alberta lifting all restrictions by late June / early July and Ontario maintaining gathering limits of 5 (with restrictions) into late July. Similarly, New Brunswick aims to lift all restrictions on religious gatherings by the beginning of August, while BC has committed only to “increased capacity” by July 1, and Ontario to “larger numbers with restrictions” by late July.

As more provinces and territories release plans for reopening, we’ll add them to the chart. Please also note, that with daily press updates across the country, it may take a bit of time to update the chart but we’ll do our best to keep on top of all the changes.

If you’re looking for more links to various orders, general gathering guidance, emergency declarations, and existing restrictions, you can check out this reference chart.

The post Provinces Release 2021 Reopening Plans appeared first on CCCC Blogs.

Alberta

Bill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021 updates other acts, including the Societies Act, so organizations can meet and vote online. Unless the organization’s bylaws, articles or other governing documents expressly provide otherwise, the Societies Act now permits attendance at directors’ meetings or AGMS by electronic means. The entirety of the meetings can be held electronically, electronic notice is sufficient, and voting can take place electronically. The changes came into effect 26 March 2021 and are retroactive to 15 August 2020.

British Columbia

Ministerial Order No. M116 came into effect April 21, 2020 and will remain in effect until the declaration of a state of emergency expires or is cancelled (it was extended until 27 April 2021 and will presumably be renewed again).

This Order allows societies to host virtual or hybrid meetings, even if the society’s bylaws or any regulations under the Societies Act state otherwise.

Additionally, section 71 of the Societies Act provides flexibility for the timing of AGMs. Under s.71(3) the Registrar of Companies extended the date by which a society must hold its AGM. The extension goes no later than November 1 of the calendar year after the calendar year in which an AGM would otherwise have to be held, and which the Registrar authorizes.

The options are helpfully summarized here.

Manitoba

In Manitoba, Order in Council 88/2021 (17 March 2021) has replaced two prior Orders in Council (257/2020 and 132/2020).

The 2021 Order is identical to the previous Order. It allows for electronic attendance at a meeting if the means permit everyone to adequately communicate with each other during the meeting and it applies “even if such means are not permitted or are specifically excluded by the incorporated body’s by-laws” (see s 7(2) of the Order).

If a notice of meeting has already been given and it is later changed, information about the change must be provided within a reasonable time via email and (where applicable) posting it to the corporation’s website but a revised notice of meeting is not otherwise required.  Voting can take place electronically so long as the board of directors takes “reasonable measures to ensure” that voter identity is verified and each person who votes does so only in their own right or by a valid proxy.

There are similar provisions for Directors’ meetings.

The Order is effective March 31, 2021 – September 30, 2021 unless revoked sooner.

Among other legislative provisions, the Order suspends and replaces portions of The Cooperatives Act (ss 201(1), (2), 222(7), (8), s 224, ss 236(3), 379(1), (2)), the Cooperatives Regulation Man Reg 95/99 (s 11.3), and The Corporations Act (ss 109(9), 126(4), s 126.1, ss 127(a), s 135).

New Brunswick

There are no specific orders or directives related to the Corporate Registry of Service New Brunswick that speak to meeting delays or flexibility. Non-profits and charities operate under the Companies Act, which provides that all provisions of the Act apply to every non-profit corporation.

What to do? Check your by-laws to know how your corporate meetings are to take place. If your by-laws are silent, s 94 of the Act directs how elections should take place.

Section 94.1 of the act allows for directors to participate in director meetings or committee meetings by phone or “other communication facilities” if the by-laws provide for it or, subject to the by-laws, all the directors consent to that format.

Similarly, section 103.2 allows for attendance at member meetings by phone or “other communication facilities” that allow everyone participating to hear each other if the by-laws provide for it or, all members entitled to vote consent to that format.

Newfoundland & Labrador

Bill 51, An Act to Amend the Condominium Act, 2009, the Co-Operatives Act and the Corporations Act, was introduced and passed in November 2020.

The Bill made permanent changes to those acts that allow director meetings, committee meetings, and member meetings to be held by telephone or electronic means. Similarly, voting can be entirely by phone or electronic means. Participants need to be able to clearly hear each other, be able to communicate, and where necessary, allow for anonymous voting.

The permission is subject to the corporation’s bylaws and whether they provide otherwise. The permission is also conditional on all directors consenting (for director and committee meetings), and on approval of the corporation (for member meetings).

Permanent flexibility for electronic and hybrid meetings means that last year’s permission to delay AGMs has not been renewed.

Nova Scotia

A Ministerial Direction prohibits societies and other corporate bodies from holding any statutorily required meetings in person if gathering restrictions or other applicable conditions cannot be met. In place of in person meetings, the Direction permits virtual and hybrid meetings whether or not virtual meetings are otherwise allowed or provided for in an enactment, article, bylaw or governing agreement.

Other requirements for the meetings should be met, such as quorum, record, notice; participants must be able to adequately communicate with one another.

It applies to societies incorporated under the Societies Act as well as all other societies or corporate bodies, incorporated by or under provincial laws or otherwise.

Alternatively, meetings can be deferred without penalty for a period of up to 90 days after the last date of the declared state of emergency. Where a meeting is deferred, everyone entitled to be present at the meeting must be notified in advance of the meeting date as required by applicable law, article, bylaw. If no notice period is stated, it must be no less than 7 calendar days.

This directive is in place for the duration of the State of Emergency (unless terminated earlier by the Minister of Municipal Affairs and Housing). The State of Emergency has been extended for the 28^th time to May 2, 2021.

Northwest Territories

The Northwest Territories has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Unless your bylaws state otherwise, section 16.1 of the Act allows for a member to attend an AGM by phone or other mode of communication if everyone can hear each other.

Corporate Registries has stated that it will “not be dissolving any societies for failing to file their Notice of Directors and financial statements due to a society’s inability to hold an AGM because of the COVID-19 health emergency.”

Nunavut

Nunavut has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Section 5 of the Act requires that a society’s by-laws set out the mode of general meetings and section 17 of the Act requires that the AGM be held in Nunavut. The Act is otherwise silent on how societies are to hold the meeting.

Ontario

The ability to hold electronic corporate meetings has been extended to December 31, 2021.

In 2020 a schedule was added to the Corporations Act for “special rules during emergency.” An April 6, 2021 regulation extends the application of these “special rules during emergency” to December 31, 2021.

This means that despite provisions in a corporation’s letters patent, supplementary letters patent or by-laws of a corporation that provide otherwise, member, board and board committee meetings can be held electronically until the end of 2021.

Prince Edward Island

Prince Edward Island has no specific orders or directives related to the Companies Act that speak to meeting delays or flexibility. Charities operate under Part II of the Companies Act as well as applicable sections in other parts of the Act.

Your bylaws should tell you all you need to know about your meetings. To be granted letters patent for a non-profit company, a petition must accompany the application. That petition must include a variety of detailed information including the “mode of holding meetings, provision for quorum, rights of voting…” as per s 90(2)(b). The Act does not speak to digital, telephone, remote or other forms of meetings.

To help plan compliant meetings, see PEI’s Meeting Guidance and Gatherings Guidance.

Quebec

An Order in Council (570-2021) issued on April 21, 2021 renews the public health emergency along with a lengthy list of other Orders in Council and Ministerial Orders.

One of the renewed orders was Ministerial Orders (2020-029). This Order allows any meeting of a deliberative body that normally takes place in person to be held by other means so long as everyone can communicate with each other immediately. If a secret ballot would normally be required, it can be held by any means of communication that everyone agrees upon, or alternatively, in a way that preserves the secret nature of the vote and can be verified.

“Deliberative bodies” includes non-profit organizations governed by the Companies Act [Act], as confirmed in a government press release [French only].

Since November 2019, the Act has allowed meetings by phone, videoconference or other digital means so long as everyone can communicate with each other immediately (ss 89.2-89.4, 224). But this permission in the Act is subject to bylaws of the corporation. So if the bylaws prohibit phone or electronic meetings, the Act isn’t much help.

That’s why the Order 2020-029 was necessary. It essentially overrides any bylaw or other corporate provisions that would prohibit alternate meeting options. Since the public health emergency has been continually renewed since it was declared March 13, it is almost certain it will continue to be renewed, extending the option for virtual meetings.

Saskatchewan

In Saskatchewan, the Non-profit Corporations Regulations, 1997 were amended by Order in Council to authorize non-profit corporations to hold member meetings by phone or electronic means, so long as the articles or bylaws do not prohibit it and participants are able to adequately communicate with one another. It was effective as of February 26, 2021.

The existing Non-profit Corporations Act requires that member meetings “shall be held at the place within Saskatchewan provided in the bylaws” (see s.122). The changes made in May 2020 had updated the definition of “held at the place” to remove geographic restrictions. The recent amendments add clarifying language and specify that people who attend virtually are deemed to be present at the meeting.

Yukon

A Ministerial Order (2 March 2021) effectively extends a May 2020 Order.

It allows a society under the Societies Act, an association under the Cooperative Associations Act and a for-profit corporation to hold AGMs partially or entirely by phone or electronic means. It’s allowed even if the bylaws don’t provide for the meeting, and whether the directors have chosen to hold an electronic meeting or if a member calls such a meeting. The Order allows all members to attend, participate, and where applicable, vote all by electronic means. Similarly, directors meetings can be held electronically.

These meetings are deemed to have been held in Yukon and participants are considered to be present.

The order applies for the “designated period” which means the period beginning March 17, 2020 and for societies and associations, ends 90 days after the end of the state of emergency. The state of emergency was renewed for the fourth time on March 3, 2021 for 90 days.

The Ministerial Order allowing for electronic meetings is retroactive to any time in the designated period, or before the state of emergency was declared (March 27, 2020).

Federal

A 2020 order extending deadlines for federally incorporated charities has expired. As of January 1, 2021, the normal rules for calling AGMs and presenting financial statements apply.

Corporations Canada outlines three options for charities to consider:

1. Virtual AGM

As for virtual meetings, you need to check your by-laws to see what they allow. If the bylaw specifically allows virtual meetings, great! You can hold a fully virtual meeting. If the bylaw is silent or doesn’t permit virtual meetings, you can consider a partially virtual meeting. Some attend in person and other participate virtually as long as everyone can communicate.

In terms of voting, again, check your bylaws. Participants can vote digitally if it’s not prohibited and the voting platform complies with regulations (i.e. maintain anonymity).

2. Resolution Instead of AGM

Practically, this is probably only an option for corporations with a small membership. The resolution must, at minimum include (1) director elections, (2) financial statements, (3) appointing the auditor or waiving such appointment. All other business items normally communicated at the AGM must also be included.

3. Delay Calling the AGM

If it would be detrimental to call the AGM within the normal timeframe, non-for-profit corporations can apply to delay the AGM. You need to apply at least 30 business days before the notice to members has to be sent. Corporations Canada has a page with all the information you need on how to apply for an extension.

For more, check out this article on Holding a Successful AGM.

Charity leaders are invited to share how they are responding to the COVID-19 challenges  within their organization in our online community forum, The Green: COVID-19 Response Room.

The post AGM Options Across Canada: 2021 Edition appeared first on CCCC Blogs.

Alberta

The temporary relief provided by Ministerial Order 009-2020 is no longer effective as of August 15, 2020. Requirements for holding corporate AGMs and other meetings resume, and annual return filing timeless are reinstated.

The Ministerial order had granted a variety of administrative relief for organizations incorporated under the Societies Act, including suspending the obligation to hold in-person meetings, suspending report and returns to the Registrar, extending time for charitable registrations and renewals, and others.

British Columbia

Ministerial Order No. M116 came into effect April 21 and will remain in effect until the declaration of a state of emergency expires or is cancelled (it was again extended, now until November 10, 2020).

Additionally, section 71 of the Societies Actprovides flexibility for the timing of AGMs. Under s.71(3) the Registrar of Companies extended the date by which a society must hold its AGM to a date not later than November 1 of the calendar year after the calendar year in which an AGM would otherwise have to be held, and which the Registrar authorizes.

The options are helpfully summarized here.

Manitoba

In Manitoba, Order in Council 257/2020 has replaced Order in Council 132/2020. The new Order is almost identical to the old. It allows for electronic attendance at a meeting if the means permit everyone to adequately communicate with each other during the meeting and it applies “even if such means are not permitted or are specifically excluded by the incorporated body’s by-laws” (see s 7(2) of the Order).

If a notice of meeting has already been given and it is later changed, information about the change must be provided within a reasonable time via email and (where applicable) posting it to the corporation’s website but a revised notice of meeting is not otherwise required.  Voting can take place electronically so long as the board of directors takes “reasonable measures to ensure” that voter identity is verified and each person who votes does so only in their own right or by a valid proxy.

There are similar provisions for Directors’ meetings.

The key difference in the new Order is that it doesn’t give any more time extensions for holding AGMs.  The Order is effective October 1, 2020 – March 30, 2021 unless revoked sooner.

Among other legislative provisions, the Order suspends and replaces portions of The Cooperatives Act (ss 201(1), (2), 222(7), (8), s 224, ss 236(3), 379(1), (2)), the Cooperatives Regulation Man Reg 95/99 (s 11.3), and The Corporations Act (ss 109(9), 126(4), s 126.1, ss 127(a), s 135).

New Brunswick

There are no specific orders or directives related to the Corporate Registry of Service New Brunswick that speak to meeting delays or flexibility. Non-profits and charities operate under the Companies Act, which provides that all provisions of the Act apply to every non-profit corporation.

What to do? Check your by-laws to know how your corporate meetings are to take place. If your by-laws are silent, s 94 of the Act directs how elections should take place.

Section 94.1 of the act allows for directors to participate in director meetings or committee meetings by phone or “other communication facilities” if the by-laws provide for it or, subject to the by-laws, all the directors consent to that format.

Similarly, section 103.2 allows for attendance at member meetings by phone or “other communication facilities” that allow everyone participating to hear each other if the by-laws provide for it or, all members entitled to vote consent to that format.

Newfoundland & Labrador

As explained in a public advisory from earlier this spring, timelines under the Corporations Act were varied by Ministerial Order. This means that

1. A non-profit corporation can delay holding its AGM for 6 months if the time to call an AGM occurred between May 3, 2020 and October 31, 2020
2. Annual 2020 return filings can be delayed for 6 months if the anniversary month of incorporation was May to October

Nova Scotia

A Ministerial Direction allows for virtual meeting options or meeting deferral whether or not it would otherwise be allowed under any other applicable law, including enactments, articles, bylaws or governing agreements. This directive is in place for the duration of the State of Emergency (unless terminated earlier by the Minister of Municipal Affairs and Housing). It has been further extended to November 15, 2020.

It applies to societies incorporated under the Societies Act as well as all other societies or corporate bodies, incorporated by or under provincial laws or otherwise.

Northwest Territories

The Northwest Territories has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Unless your bylaws state otherwise, section 16.1 of the Act allows for a member to attend an AGM by phone or other mode of communication if everyone can hear each other.

Nunavut

Nunavut has no specific orders or directives related to the Societies Act that speak to meeting delays or flexibility.

What to do? Check your by-laws to know how your corporate meetings are to take place. Section 5 of the Act requires that a society’s by-laws set out the mode of general meetings and section 17 of the Act requires that the AGM be held in Nunavut. The Act is otherwise silent on how societies are to hold the meeting.

 Ontario

Ontario has again extended flexibility for meetings under the Corporations Act. The Special Rules During Emergency that have been extended to May 31, 2021 include:

• Allowing corporate member meetings to be held by phone or electronic means (Section 3; temporarily suspending s125.1 of the Corporations Act)
• Allowing corporate director meetings to be held by phone or electronic means (Section 5; temporarily suspending s283(3.1) of the Corporations Act)
• Allowing elections and votes to be held by alternate means when it’s not feasible to abide by the bylaws (Section 6; temporarily suspending s287(1) of the Corporations Act)

The time extension granted for annual meetings (section 7) was not renewed. The amendments allowing for deferred annual meetings will expire 120 days after the end of the emergency period. The emergency period began March 17. It ended when the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 came into force on July 24, 2020.

Corporations must have held (or hold) their annual meetings as follows:

• If the last day you were required to hold your AGM was during the emergency period, the meeting must have been held within 90 days after July 24, 2020 (by October 22, 2020)
• If the last day you were required to hold your AGM was within 30 days after the emergency, the meeting must be held within 120 days after July 24,2020 (by November 21, 2020)

Prince Edward Island

Prince Edward Island has no specific orders or directives related to the Companies Act that speak to meeting delays or flexibility. Charities operate under Part II of the Companies Act as well as applicable sections in other parts of the Act.

Your bylaws should tell you all you need to know about your meetings. To be granted letters patent for a non-profit company, a petition must accompany the application. That petition must include a variety of detailed information including the “mode of holding meetings, provision for quorum, rights of voting…” as per s 90(2)(b). The Act does not speak to digital, telephone, remote or other forms of meetings.

To help plan compliant meetings, see PEI Gatherings Guidance.

Quebec

An Order in Council (1150-2020) issued on November 4, 2020 renews the public health emergency along with a laundry list of other Orders in Council and Ministerial Orders.

One of the renewed orders was Ministerial Orders (2020-029). This Order allows any meeting of a deliberative body that normally takes place in person to be held by other means so long as everyone can communicate with each other immediately. If a secret ballot would normally be required, it can be held by any means of communication that everyone agrees upon, or alternatively, in a way that preserves the secret nature of the vote and can be verified.

“Deliberative bodies” includes non-profit organizations governed by the Companies Act [Act], as confirmed in a government press release [French only].

Since November 2019, the Act has allowed meetings by phone, videoconference or other digital means so long as everyone can communicate with each other immediately (ss 89.2-89.4, 224). But this permission in the Act is subject to bylaws of the corporation. So if the bylaws prohibit phone or electronic meetings, the Act isn’t much help.

That’s why the Order 2020-029 was necessary. It essentially overrides any bylaw or other corporate provisions that would prohibit alternate meeting options. Since the public health emergency has been continually renewed since it was declared March 13, it is almost certain it will continue to be renewed, extending the option for virtual meetings.

Saskatchewan

In Saskatchewan, OC 222/2020 authorizes non-profit corporations to hold annual general meetings (AGMs) by phone, video-conference or other electronic means, so long as the articles or bylaws do not prohibit it and participants are able to adequately communicate with one another. It is effective as of the day of filing, which is May 14, 2020.

The existing Non-profit Corporations Act requires that member meetings “shall be held at the place within Saskatchewan provided in the bylaws” (see s.122). The Order amends the definition of “held at the place” by adding a definition to s.13 of the existing Non-profit Corporations Regulations, 1997 to remove the geographic restriction. 

Yukon

A Ministerial Order issued earlier this year (May 13, 2020) remains in effect. A society under the Societies Act, an association under the Cooperative Associations Act and for-profit corporations are allowed to hold AGMs partially or entirely by phone or electronic means even if the bylaws don’t provide for the meeting, if the directors choose to hold it by those means or a member calls such a meeting and it allows all member to attend, participate, and where applicable, vote.

Similarly, directors meetings can be held electronically.

These meetings are deemed to have been held in Yukon and participants are considered to be present.

The order applies for the “designated period” which means the period beginning March 17, 2020 and for societies and associations, ends 90 days after the end of the state of emergency. The state of emergency was renewed for the second time on September 9, 2020 for 90 days. It is retroactive to any time in the designated period, or before the state of emergency was declared (March 27, 2020).

Federal

An August order extending deadlines for federally incorporated charities remains in place. It allows charities to delay calling the AGM and delay presenting financial statements by six months.

That means the 2020 AGM can be extended to the shorter of the following two options: (1) 21 months after the previous AGM and no more than 12 months after the last financial year-end or (2) December 31, 2020.  You don’t have to apply to Corporations Canada to take advantage of these extensions.

As for virtual meetings, you need to check your by-laws to see what they allow. If the bylaw specifically allows virtual meetings, great! You can hold a fully virtual meeting. If the bylaw is silent or doesn’t permit virtual meetings, you can consider a partially virtual meeting. Some attend in person and other participate virtually as long as everyone can communicate.

Corporations Canada suggests an alternative could be to sign a resolution instead of an AGM. Practically, this is probably only an option for corporations with a small membership. The resolution must, at minimum include (1) director elections, (2) financial statements, (3) appointing the auditor or waiving such appointment. All other business items normally communicated at the AGM must also be included.

For more, check out this article on Holding a Successful AGM.

Charity leaders are invited to share how they are responding to the COVID-19 pandemic within their organization in our online community forum, The Green: COVID-19 Response Room.

The post AGM Options Across Canada appeared first on CCCC Blogs.

Exciting announcements have been made this week about places of worship!

Ontario announced that all places of worship across the province can re-open to 30% capacity, Alberta announced it was removing gathering restrictions on places of worship, and both Saskatchewan and New Brunswick recently increased worship gathering size.

As governments have eased restrictions for business, industry and services a plethora of guidance has been released (Alberta will soon have 60+; Ontario has 100+; Newfoundland & Labrador has almost 50) and churches are asking “what restrictions apply to us?”

In Ontario, the Stage 2 Reopening Plan explains that “the government will make available guidance, including limiting attendance to 30 per cent of building capacity and practicing physical distancing” and that “guidance will also be provided for spiritual leaders and their staff.”

CCCC received notice that “Further to the news earlier this week allowing places of worship to resume services at 30% capacity starting Friday June 12, 2020, the Ministry of Labour, Training and Skills Development has provided guidelines to help places of worship re-open safely.” Those guidelines are found here: Guidance on Health & Safety for Places of Worship (you can also find this document from the Ontario Workplace Resources page; scroll to the bottom and search the table for “worship”).

Still, many Ontario church leaders are wondering whether more is forthcoming. On June 15, the Ontario Ministry of Health released additional guidance containing much more detail as to core elements of religious practice, making it similar to the highly prescriptive and limiting guidance from other provinces (see listing below). It is only available through a fairly obscure Ministry of Health list of guidance and not in the main government listing of sector-specific guidance.

Some local public health authorities have also released guidance (i.e. Middlesex-London, Toronto).

Provincial guidance for places of worship or gatherings can be found here:

Alberta: Relaunch Guidance for Places of Worship

British Columbia: Guidance for Faith-Based Organizations

Manitoba: Public Gatherings

New Brunswick: Q&A – Religious Services

Newfoundland & Labrador: Guidance for Gatherings

Nova Scotia: Drive-in Religious Services; Gathering restrictions

Ontario: Guidance on Health & Safety for Places of Worship

Prince Edward Island: Worship Service Guidance

Saskatchewan: Places of Worship Guidance – 1/3 Occupancy, Max 30

Yukon: Faith-Based Service Guidance – lesser of 30% capacity or 50

It is encouraging to see recognition of the essential role of churches in meeting the heightened emotional, psychological and spiritual vulnerabilities of our communities during this unusual season.

Churches and charities have diligently served the physical needs of vulnerable people and have been creative in their responses to closures and lockdown.

But equally as important, churches meet the oft-hidden need for hope, psychological security and spiritual wellbeing in the broader community.  We know and share in the conviction that our faith is what gives hope and strength to carry on during difficult times and are thankful that church doors are starting to reopen.

For additional guidance on workplace safety, provincial and territorial re-opening plans and other key links, see Re-opening Plans Across Canada.

Ministry workers are invited to share how they are responding to the COVID-19 pandemic within their organization in our online community forum, The Green: COVID-19 Response Room.

The post Church Doors Are Opening! appeared first on CCCC Blogs.

Last week, both Saskatchewan and Manitoba issued Orders in Council to allow virtual meetings for corporations, adding to the list of provinces trying to provide flexibility for corporate meetings.

Saskatchewan

In Saskatchewan, OC 222/2020 authorizes non-profit corporations to hold annual general meetings (AGMs) by phone, video-conference or other electronic means, so long as the articles or bylaws do not prohibit it and participants are able to adequately communicate with one another. It is effective as of the day of filing, which is May 14, 2020.

The existing Non-profit Corporations Act requires that member meetings “shall be held at the place within Saskatchewan provided in the bylaws” (see s.122). The Order amends the definition of “held at the place” by adding a definition to s.13 of the existing Non-profit Corporations Regulations, 1997 to remove the geographic restriction. 

Manitoba

In Manitoba, Order in Council 132/2020 allows for electronic attendance at a meeting if the means permit everyone to adequately communicate with each other during the meeting and it applies “even if such means are not permitted or are specifically excluded by the incorporated body’s by-laws” (see s 8(2) of the Order).

If a notice of meeting has already been given and it is later changed, information about the change must be provided within a reasonable time via email and (where applicable) posting it to the corporation’s website but a revised notice of meeting is not otherwise required.  Voting can take place electronically so long as the board of directors takes “reasonable measures to ensure” that voter identity is verified and each person who votes does so only in their own right or by a valid proxy.

There are similar provisions for Directors’ meetings.

Annual meetings that are required to be held on or after March 31, 2020 and before September 1, 2020 must be held no later than September 30, 2020.

The Order is effective March 31, 2020 – September 30, 2020 unless revoked sooner.

Among other legislative provisions, the Order suspends and replaces portions of The Cooperatives Act (ss 201(1), (2), 222(7), (8), s 224, ss 236(3), 379(1), (2)), the Cooperatives Regulation Man Reg 95/99 (s 11.3), and The Corporations Act (ss 109(9), 126(4), s 126.1, ss 127(a), s 135).

Other Provinces: Recap

As discussed in an earlier blog post, BC, Nova Scotia and Ontario have all granted similar permissions. For ease of reference, links to each provincial directive is included below.

BC

Ministerial Order No. M116 is effective April 21 until the declaration of a state of emergency expires or is cancelled. Additionally, section 71 of the Societies Act provides flexibility for the timing of AGMs. The options are helpfully summarized here.

Nova Scotia

A Ministerial Direction allows for virtual meeting options or meeting deferral whether or not it would otherwise be allowed under any other applicable law, including enactments, articles, bylaws or governing agreements.

Ontario

Ontario has issued another Order in Council to address other issues related to virtual meetings and annual meetings for businesses and charities incorporated under the Corporations Act.

Alberta

A Ministerial Order provides a variety of administrative relief for organizations incorporated under the Societies Act, including suspending the obligation to hold in-person meetings, suspending report and returns to the Registrar, extending time for charitable registrations and renewals, and others. For details, see this blog post.

Federal Corporations

Full details can be found in this blog post. Corporations Canada noted alternative AGM options for federally incorporated charities: a virtual AGM, written resolutions or delay calling the meeting.

Need Help? Reach Out!

CCCC is here to help you through these uncertain times. We encourage you to reach out if you require assistance and we will be happy to serve you.

CCCC members can access the Member Resources of CCCC website for articles, webinars, checklists, templates and can contact our team for additional guidance. If you are not a member of CCCC, we invite you to join today to access our full collection of resources and our team of experts who can answer your questions and provide additional guidance. 

Ministry workers are invited to share how they are responding to the COVID-19 pandemic within their organization in our online community forum, The Green: COVID-19 Response Room.

The post COVID-19: Virtual AGMs in Saskatchewan & Manitoba appeared first on CCCC Blogs.

On May 16, Ontario amended its emergency order to allow drive-in worship services. This brings Ontario in line with other provinces, including Saskatchewan and Nova Scotia which both already permit drive-in services. New Brunswick has guidelines for outdoor religious services and British Columbia has never prohibited worship services, but has had guidance in place since late March for religious gatherings.

The rules in Ontario are as follows, paraphrased:

1. Those attending must remain in their vehicle.
2. Only one household per vehicle.
3. Two metre distancing between vehicles.
4. No more than five people conduct the service, social distancing from each other and vehicles.
5. The building remains closed, except for reasonable access by those conducting the service.
6. No materials can be exchanged between vehicles and/or between those conducting the service and vehicles (i.e. communion, offering).
7. The same rules apply, with necessary modification, to those who use non-motorized vehicles because of their religious beliefs.

For more on what is open in provinces and territories across Canada, and for any church-specific guidance, see our blog post on COVID-19: Re-Opening Plans Across Canada.

Church and charity leaders are invited to share how they are responding to the COVID-19 pandemic within their organization in our online community forum The Green: COVID-19 Response Room. 

Posted May 17 @ 7:30am

The post COVID-19: Ontario Allows Drive-in Worship Services appeared first on CCCC Blogs.

Provinces across Canada are beginning to ease restrictions, lift lockdowns and take steps to restore economic, social and public activities.

CCCC, Christian Legal Fellowship and The Evangelical Fellowship of Canada, have written a joint letter to Ontario’s Premier Doug Ford, calling for religious organizations to be part of that province’s re-opening plan. Each organization has made themselves available for consultation to ensure the concerns, needs and importance of religious organizations are not forgotten. In Ontario’s Framework for Reopening Our Province, the government commits to holding discussions with a lengthy list of stakeholders; however, religious organizations and churches area not directly included, despite the significant benefit they provide to their communities.

In this respect, as we enter the next stage of this pandemic, and the government begins to re-open certain services, we would welcome the opportunity to consult with you about how to support religious communities and charities, who can make important and essential contributions to our province during this time. We note that your government recently announced that it will be consulting with sectors impacted by the COVID-19 outbreak, but faith communities were not specifically included in its list of stakeholders. We ask you to prioritize support, increased flexibility, and accommodation for religious communities seeking to serve Ontarians. We are concerned that an ongoing exclusion of religious communities such as churches from the province’s list of “essential” services, especially for an extended period, may have a disproportionate burden on many individuals and families, at a time when they are most in need of the unique and vital support that their faith leaders and communities can provide.  

Our full joint letter is available here:

Other provinces have already turned their mind to how religious gatherings can be accommodated. For example, in Saskatchewan’s Re-Open Plan drive-in services are permitted as a way to facilitate religious gatherings. They are subject to a lengthy list of precautions and restrictions including socially distanced vehicle parking, no food or beverage service, and prior consultation with local public health officials.

Similarly, New Brunswick has addressed outdoor religious services in its Orange Phase Guidance. Amongst other guidelines, the services are limited to 50 vehicles, one hour, with no access to the building; singing should be avoided, attendees are responsible for bringing their own communion supplies, and online donations should be encouraged.

PEI has accounts for religious gatherings in Phase 3 of its renewal plan, with a potential start date of June 22, 2020. It would allow gathering of no more than 15 people indoors and 20 people outdoors. Physical distancing must be maintained with individuals who are not part of one’s household.

CCCC, along with CLF and The EFC will continue monitoring developments across the country to help ensure the concerns, needs and role of religious organizations and churches are included in re-opening plans.

Posted May 4, 2020 @ 9:00 pm

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