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FederalDid not become law (session ended)43rd Parliament, 2nd Session

Bill S-222 explained in plain English

An Act to amend the Income Tax Act (use of resources)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 2nd Session
Bill number
Bill S-222
Full title
An Act to amend the Income Tax Act (use of resources)
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
Jun 23, 2021

Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
Jun 23, 2021
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-222 amends the Income Tax Act to permit charities to provide resources to non-qualified donees under specific conditions, while also clarifying spending rules and introducing penalties.

What It Means

Bill S-222, also known as the Effective and Accountable Charities Act, proposes to amend the federal Income Tax Act. The main goal is to allow registered charities in Canada to provide their resources (such as grants or gifts) to individuals or organizations that are not officially recognized as 'qualified donees'. However, this would only be permitted if the charity takes reasonable steps to ensure these resources are used solely for charitable purposes. The bill also clarifies rules related to how charities must spend their funds each year and introduces a penalty for certain transactions between charities that are not at arm's length. Additionally, it mandates a review of the changes made by this Act within five years of it coming into force.

What This Bill Does
  • Allows registered charities to provide resources to individuals or organizations that are not qualified donees, provided they take reasonable steps to ensure these resources are used exclusively for charitable purposes.
  • Modifies the definition of 'charitable activities' within the Income Tax Act to include making resources available to non-qualified donees under specific conditions.
  • Clarifies that charitable foundations can make resources available to non-qualified donees if they take reasonable steps to ensure the resources are used exclusively for a charitable purpose.
  • Establishes criteria for what constitutes 'reasonable steps' for a charity when providing resources to a non-qualified donee. This includes collecting necessary information and establishing measures or conditions to ensure the resources are used for charitable purposes.
  • Modifies existing provisions related to how charities must expend funds annually, including their disbursement quotas.
  • Introduces a penalty for registered charities that receive gifts from non-arm's length charities and do not expend sufficient additional amounts on charitable activities or gifts to arm's length qualified donees.
  • Requires the Minister of National Revenue to review the provisions enacted by this Act within five years of its coming into force and to table a report on this review in Parliament.
  • Specifies that the Act comes into force two years after receiving royal assent.
Who Is Affected
  • Registered charities in Canada.
  • Charitable foundations.
  • Charitable organizations.
  • Individuals and organizations that are not qualified donees.
  • The Minister of National Revenue.
Rights, Duties, Or Obligations
  • Charities are permitted to provide resources to non-qualified donees if they take reasonable steps to ensure those resources are used exclusively for charitable purposes.
  • Charities must collect information and establish measures to ensure resources given to non-qualified donees are used for charitable purposes.
  • Charities must comply with revised rules regarding their annual disbursement quotas.
  • Charities may be liable for a penalty if they receive gifts from non-arm's length charities and do not meet new expenditure requirements.
  • The Minister of National Revenue is obligated to undertake a review of the Act's provisions within five years of its commencement.
Important Dates
  • The Act comes into force two years after it receives royal assent (Section 7).
  • The Minister of National Revenue must undertake a review of the provisions enacted by the Act within five years after it comes into force (Section 6(1)).
  • The Minister must table a report on the review in Parliament within one year after the review is undertaken (Section 6(2)).
Financial Or Tax Impacts
  • A penalty of 110% of the difference between the fair market value of a property and the additional amount expended will be applied to a registered charity in certain situations involving non-arm's length gifts (Section 4(2)).
Enforcement Or Penalties
  • A penalty is imposed on a registered charity that receives a gift of property (other than a designated gift) from another registered charity with which it does not deal at arm's length, if it fails to expend, in addition to its disbursement quota for the current and subsequent taxation years, an amount less than the fair market value of the property on charitable activities or gifts to arm's length qualified donees. The penalty is 110% of the difference between the fair market value of the property and the additional amount expended (Section 4(2)).
Uncertainties Or Limits
  • The specific information required and the exact measures, restrictions, or conditions a charity must establish to satisfy the 'reasonable steps' requirement for providing resources to non-qualified donees are not detailed in the provided text and may be subject to interpretation or further regulation.
  • The term 'reasonable steps' is not explicitly defined beyond the general requirements in Section 2(15).
  • The bill does not specify the process or criteria for the 'prescribed form' mentioned in relation to the Minister's ability to specify an amount for expenditure purposes (Section 2(12)).
Laws Or Regulations Affected
Income Tax Act
amended

Changes definitions and provisions related to charitable activities, qualified donees, disbursement quotas, and penalties for charities.

Source: Section 2

Income Tax Act (Section 149.1)
amended

Modifies the definition of 'charitable activities' to permit resource provision to non-qualified donees under certain conditions, and clarifies rules for charitable foundations and organizations regarding resource expenditure.

Source: Section 2(1), 2(2), 2(6), 2(13), 2(14), 2(15)

Income Tax Act (Section 188(1.1))
amended

Adjusts provisions related to expenditures made by a charity during its winding-up period on charitable activities.

Source: Section 3

Income Tax Act (Section 188.1)
amended

Modifies rules concerning gifts received by registered charities from other registered charities with which they do not deal at arm's length, including the imposition of a penalty.

Source: Section 4

Income Tax Act (Section 189(6.2))
amended

Updates provisions related to expenditures made by a charity on charitable activities after receiving a notice of assessment.

Source: Section 5

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Feb 8, 2021
Completed

Bill S-222 completed its first and second readings, committee review, and third reading in the Senate before moving to the House of Commons for first reading, and is now at the second reading stage in the House of Commons.

Introduction and first reading, Feb 8, 2021
End of stage activity, Feb 8, 2021
Chamber sittings
Introduction and first reading - Feb 8, 2021

On February 8, 2021, the Senate introduced Bill S-222, had proceedings on Bill C-7 and Bill C-3, and engaged in debates on various societal issues and government responses.

Step 2
Second reading
May 25, 2021
Completed

Bill S-222 successfully completed its second reading and related debates in the Senate before moving to the House of Commons.

Second reading, May 25, 2021
Referral to committee, May 25, 2021
End of stage activity, May 25, 2021
Chamber sittings
Debate at second reading - Mar 16, 2021

The Senate sitting on March 16, 2021, featured debates on multiple bills, including significant discussions on medical assistance in dying (Bill C-7) and various other legislative matters, alongside routine proceedings and question period.

On March 16, 2021, the Senate debated various issues including tributes, parliamentary reports, and multiple bills, with significant discussion on medical assistance in dying, Canada-UK trade, COVID-19 relief measures, and online pornography.

Debate at second reading - May 6, 2021

The Senate held a sitting on May 6, 2021, which included statements, question period on various issues including COVID-19, debates on several bills, a point of order, and the granting of Royal Assent.

During the Senate's second reading debate on Bill S-222, senators discussed the need to modernize the Income Tax Act's rules for charities to allow for greater flexibility in partnerships and resource use, shifting from "direction and control" to "resource accountability."

Debate at second reading - May 25, 2021

On May 25, 2021, the Senate convened for routine proceedings, question period, and debate on various bills, including the second reading and referral of Bill S-222, An Act to amend the Income Tax Act (use of resources).

On May 25, 2021, the Senate debated Bill S-222, an act to amend the Income Tax Act regarding the use of resources by charities, with a key speech supporting the bill's aims while acknowledging the need for its study.

Step 3
Consideration in committee
Jun 9, 2021
Completed

Bill S-222, concerning amendments to the Income Tax Act regarding resource use, successfully completed its committee review and third reading in the Senate before moving to the House of Commons for its second reading.

Committee report presented without amendment, Jun 9, 2021
End of stage activity, Jun 9, 2021
Chamber sittings
Committee report presented without amendment - Jun 9, 2021

The Senate met on June 9, 2021, where the Standing Senate Committee on National Finance presented its report on Bill S-222 without amendment, followed by tributes, Question Period, and a vote on a different bill.

Step 4
Third reading
Jun 17, 2021
Completed

Bill S-222 completed its Third Reading in the Senate on June 17, 2021, and has since moved to the House of Commons for First Reading.

Third reading, Jun 17, 2021
End of stage activity, Jun 17, 2021
Chamber sittings
Debate at third reading - Jun 17, 2021

During a Senate sitting on June 17, 2021, the Senate passed Bill S-222, debated Bill C-208 and Bill C-218, addressed various other proceedings including committee reports and question period, and concluded with tributes and adjournment.

Step 1
First reading
Jun 23, 2021
Completed

This record details the first reading completion of Bill S-222 in the House of Commons on June 23, 2021, and outlines its progression through various parliamentary stages.

First reading, Jun 23, 2021
End of stage activity, Jun 23, 2021
Chamber sittings
First reading - Jun 23, 2021

The House of Commons sitting on June 23, 2021, focused on Question Period exchanges and the conclusion of the parliamentary session, with Bill S-222 being introduced at first reading without debate.

Step 2
Second reading
Jun 23, 2021
No activity

Bill S-222 had no procedural activity on June 23, 2021, but was placed in the Order of Precedence during its second reading stage in the House of Commons.

Placed in the Order of Precedence, Jun 23, 2021
Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-222 has not yet proceeded to the committee stage in the House of Commons, remaining at the second reading stage.

Step 4
Report stage
Not reached yet
Not reached

Bill S-222 has progressed through several stages in the House of Commons and the Senate, and is currently awaiting debate at the Report stage in the House of Commons.

Step 5
Third reading
Not reached yet
Not reached

Bill S-222, concerning amendments to the Income Tax Act regarding the use of resources, has progressed through various stages in the House of Commons and Senate, with its third reading in the House of Commons having not yet occurred.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Ratna Omidvar
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced