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September 23, 2010 permalink
Pending legislation will restrict membership lists of non-profit corporations to persons who are already members or directors, subject to possible further restriction by courts. Our letter to Monique Smith asking for an exemption for children's aid societies produced a pro forma reply from Mrs Smith. Now we have the substantive reply from John Gerretsen, Minister of Consumer Service. The membership lists are restricted (1) to avoid misuse such as for telemarketing and (2) because members of the public are not likely to need access to membership lists for a purpose connected with the affairs of the corporation.
Parents of apprehended children and adults seeking copies of their own foster care records may wish to plead with the membership for policy changes, but they will have to step aside in the battle against telemarketing.
collapseMinistry of Consumer Services Office of the Minister 6th Floor, Mowat Block 900 Bay Street Toronto ON M7A 1L2 Telephone: 416 327-8300 Facsimile: 416 326-1947Ministère des Services aux consommateurs Bureau du ministre Edifice Mowat, 6e étage 900, rue Bay Toronto ON M7A 1L2 Téléphone: 416 327-8300 Télécopies: 416 326-1947
September 23, 2010
Mr. Robert T. McQuaid
[ rtmq at fixcas.com ]
Dear Mr. McQuaid:
Thank you for your email of July 26, 2010, forwarded to me by Monique Smith, MPP, Nipissing regarding your concerns about limiting access to membership lists for children's aid societies in Bill 65, the Not-for-Profit Corporations Act, 2010.
Access to membership lists has been restricted to members and directors, including directors who are not members of the corporation, in the interest of privacy. Providing access to the general public increases the potential for abuse, such as misuse for telemarketing and other improper purposes. Members of the general public are not likely to need access to a membership list for a purpose connected with the affairs of the corporation.
Bill 65 was referred to the Standing Committee on Social Policy and public hearings were held on August 23, 2010, in Toronto. The issue outlined in your letter was raised at the public hearings; however, the Standing Committee did not recommend that the amendment be included. The legislature will consider Bill .65 when it is scheduled for Third Reading, for which a date has not been confirmed.
Again, thank you for writing.
Source: email from Minister of Consumer Services [ INFOMCS at ontario.ca ]
Addendum: Laurel Broten blows her horn but does not respond to the original letter.
collapseMinistry of Children and Youth Services Minister's Office 56 Wellesley Street West 14th Floor Toronto ON M5S 2S3 Tel.: 416 212-7432 Fax: 416 212-7431Ministère des Services à l'enfance et à la jeunesse Bureau de la ministre 56, rue Wellesley Ouest 14e étage Toronto ON M5S 2S3 Tél. : 416 212-7432 Téléc. : 416 212-7431
NOV 23 2010
Ms. Monique Smith, MPP Nipissing
165 Main Street East
North Bay, Ontario P1B 1A9
Dear Ms. Monique Smith:
Thank you for your letter on behalf of your constituent, Robert T. McQuaid, regarding the impact of Bill 65, Not-For-Profit Corporations Act, on children's aid societies in Ontario. I appreciate the opportunity to respond and provide you with some information.
The intent of Bill 65 is to provide a clearer, modern legal framework for Ontario's 46,000 not-for-profit corporations. Bill 65 will make it easier for not-for-profit corporations to operate and do business in today's marketplace, while strengthening the economy and creating jobs. The proposed changes are based on extensive consultations across the province, including three consultation papers, a web advisory panel and regional workshops attended by more than 200 organizations.
Your constituent shared his views about how Bill 65 will potentially impact children's aid societies, including mechanisms for oversight. If Bill 65 is passed, it will apply to the ministry's approximately 1,400 transfer payment agencies, including children's aid societies, which are registered as not-for-profit corporations.
In the interest of privacy, Bill 65 departs from the Corporations Act by narrowing the persons entitled to access membership lists to members only. Although some technical aspects of boards' structures and operations may be impacted, the delivery of front line services and how the ministry monitors these agencies should not be affected.
Our government has made considerable progress in helping children's aid societies better protect vulnerable children and youth. For example, we require rigorous background checks for those proposing to care for a child receiving child protection services. We have created a client complaint process requiring all children's aid societies to have clear, transparent and consistent complaint review procedures. We have worked with the Coroner to strengthen the reporting and review of deaths of children who had been receiving child protection services at any time in the 12 months prior to their deaths.
We have also established the Independent Provincial Advocate for Children and Youth, which shows our commitment to support a stronger and more responsive child protection system in Ontario. We have dramatically increased the mandate and powers of the Child and Family Services Review Board as the independent tribunal to review certain complaints related to children's aid societies and certain decisions of the societies and adoption licensees.
Thank you again for bringing forward this matter on behalf of your constituent.
Laurel Broten Minister
[ forwarded ] NOV 29 2010
[ forwarded ] December 3, 2010