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House Hansard - 57

44th Parl. 1st Sess.
April 25, 2022 11:00AM
Context: House Hansard - 57 - Apr/25/22
Mr. Garnett Genuis (Sherwood Park—Fort Saskatchewan, CPC)
Mr. Speaker, the Conservatives have been advocating for a very long time on the issue of direction and control. Direction and control are regulations that severely limit the ability of the charitable sector to do its job. They require that any charitable activities be fully under the direction and control of the charitable organization. This creates problems and needless red tape for organizations that are operating in Canada. It is a particular problem for organizations that are operating internationally. As many members know and understand, the best practice of international development is when organizations in Canada are able to empower and support those who are acting in their own countries to support development, which really recognizes that the people who are in the process of doing the developing are the heroes of their own story, and the role of international organizations is merely a supporting role for those who are doing that important work. However, direction and control regulations require effectively that those organizations operating overseas be fully under the direction and control of that Canadian organization insofar as it wishes to maintain its charitable status. Not only does this create inefficiencies, needless bureaucratic red tape and millions of dollars in lawyer fees that charitable organizations have to pay every year, it also perpetuates this kind of colonial structure of donor control and the requirement for the foreign organization to be in control of the development activity that is happening on the ground. We have been advocating for a long time for reforms to direction and control. It was a commitment in the last Conservative platform to make these reforms. It also reflected a unanimous recommendation coming out of the foreign affairs committee in the last Parliament, which directly called out these regulations for being neocolonial in nature. I want to recognize the work of the Senator Omidvar, who put forward a Senate public bill on this, Bill S-216. That bill passed in the Senate twice and is currently being sponsored by my colleague in this House. With that in mind, I raised the question on this issue in the House a number of weeks ago. Unfortunately, I did not get a very good answer. I was cautiously pleased to see a reference to direction and control on page 195 of budget 2022, which is the first time the government has acknowledged that direction and control regulations are a problem and need to be reformed. The section references Bill S-216 directly, and that the government intends, in its budget implementation acts, to implement the spirit of that bill. We cannot assume that the fix will fully address the issues. We cannot assume until we have seen those proposed changes what the actual change in the nature of the regulations will be, because Bill S-216 removes the “own activities” requirement and replaces it with an accountability requirement for charitable organizations. The budget does not reference removing the “own activities” requirement. It simply references trying to facilitate mechanisms for easier transfers. It claims it will implement the spirit of Bill S-216, but it does not say it will implement the letter of the bill. As we have seen before, the devil can be in the details, so although the development sector and charitable organizations across Canada are very pleased to finally see at least a recognition of the problem, we are far from certain about whether the solution will be adequate. Therefore, I would like to hear more from the government on this, because the reference is there in the budget, but it is lacking in clarity. When can we expect the government to implement these changes? Is the government prepared to actually implement the changes in Bill S-216, removing the “own activities” requirement and replacing it with an accountability mechanism? Is the government prepared to work with the charitable sector, including those who work in international development and members of other parties, to ensure that we get it right? It would sure be a shame to get people's hopes up and then not deliver the fix that is required.
690 words
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