Intimacy in the Long-Term Care Sector

A critical issue facing administrators and staff of long-term care homes is how to handle cases of sexual activity between residents who may lack the capacity to consent to such activity.   The Long-Term Care Homes Act (the “LTCHA”) places an obligation on homes to ensure the safety of residents, including the prevention of abuse,…

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Public Disclosure of Director Information

Directors of Canada not-for-profit corporations must be mindful of the fact that Information about federal corporations is public information. This includes a corporation’s registered office address, and the names and addresses of its directors. Corporations Canada recently released a notice about Public Disclosure of Corporate Information. The notice can be found here. Of particular interest…

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Choosing the Right Corporate Structure

One of the most important decisions in the early stages of a new business is choosing the proper corporate structure.  The chosen structure not only impacts liability, taxes and reporting for the business, but it may also have a significant impact in the execution of a business strategy.  It is never too early to establish a…

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Buying a Health Practice

There are usually two ways a health practitioner can start a practice: begin from scratch or buy a practice from someone else. If you plan to buy a practice from a current practitioner, some of the key considerations to take into account include: Who are the patients – will they stay on with you?  Are they the types…

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Audit Requirements for Canada Not-for-profit Corporations

The Canada Not-for-profit Corporations Act (the “Act”) governs federally incorporated not-for-profit corporations. Not-for-profit corporations are defined as either soliciting or non-soliciting corporations under the Act. A soliciting corporation is one that has received more than $10,000 in income from public sources in a single financial year.  Public sources include gifts or donations from non-members, grants…

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WARNING – You Could Lose Your Entire Investment!

The Canadian Securities administrators recently adopted amendments to National Instrument 45-106 Prospectus and Registration Exemptions (“NI”).  These amendments relate to, among other things, the “accredited investor” exemption and the requirement of a new Risk Acknowledgement Form (“RAF”). Individuals other than “permitted clients” (an individual who beneficially owns financial assets having an aggregate realizable value that,…

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Mandatory Reporting Obligations

All regulatory health professionals are subject to mandatory reporting. The Regulated Health Professions Act, 1991 legislates mandatory reporting in the following circumstances: By employers for terminations (or resignations) for professional misconduct, incompetence or incapacity. By facility operators (including employers) on reasonable and probable grounds for sexual abuse of a patient, incompetence or incapacity. By regulated…

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