Reductions in government funding of Canada’s publicly funded hospitals and health authorities while labour and other health care costs continue to rise has led publicly funded health organizations to seek other funding sources. Increasingly, these organizations are turning to or expanding their social enterprise or ancillary revenue operations. We assist our clients in the navigation and reconciliation of and compliance with the multiplicity of laws, regulations, directives, guidelines and policies that govern these activities and their interaction with the practical and business aspects of the proposed or existing endeavours.
We have worked with dozens of clients in the establishment of social enterprise and/or ancillary revenue activities carried on directly (possibly through a division) or through a subsidiary or other related corporation, partnership, or trust utilizing charitable, not-for-profit (non-profit) or for profit entities.
We act for publicly funded organizations, professional colleges, charities, private corporations and individuals that provide, fund, regulate or service the provision of health care delivery. Our clients include hospitals and health authorities, long-term care homes, health care professionals and their regulatory colleges, home care companies, family health teams, family health organizations, independent health facilities and private clinics, among others.
- Selecting the applicable corporate structure
- Issues relating to control
- Financial consolidation
- 21 year disposition rules
- Broader public sector accountability rules (including salary restraint and reporting and procurement)
- Use and distribution of revenues
- Preservation of non-profit or chartable tax status
- Harmonized Sales Tax (HST)
- General anti-avoidance rules (GAAR)
- Asset protection
- Compliance with and applicably of existing collective agreements
- Employee arrangements
- Lease or licencing of premises and required consents
- Municipal zoning and taxes
- Privacy and freedom of information