Legal Considerations for Nonprofits Related to COVID-19 

 

 

LEGAL CONSIDERATIONS FOR NONPROFITS:
Changes to Work and Workplace Related to COVID-19
 

As the environment facing nonprofit organizations in Alberta evolves, some organizations are entering the recovery phase. They may be transitioning - albeit in a new and adjusted way - to pre-COVID-19 workplaces and ways of working. As the board and upper management are stewarding organizational recovery, employees and volunteers may be returning to the workplace, programs resuming in a format that includes in-person services, and governance tasks and meetings happening regularly again.

At this point in the recovery phase, there are many moving parts for nonprofit organizations to consider. This series of info sheets provides food for thought from a legal perspective on what to think about and do for a healthy organizational recovery.

We will be adding to this series in the future. If there are issues that your organization is facing that are not covered, please let us know via email or our Contact Us form. Or, if you find that you want more in-depth advice, let us know. Perhaps a free clinic is in order. Let us know how we can help.

 

Corporate Governance: Are fully virtual meetings are permitted for your organization? What is the latest information about delaying AGMs? What do you need to consider before your organization holds a meeting? Do you still have to file an annual return?

Privacy: What are your privacy obligations as an employer? How do you operate safely while maintaining the privacy of your employees and clients? Can you perform health checks?

Force Majeure: “Force Majeure” means unforeseeable circumstances that prevent the fulfilling of a contract. Do your contracts have a force majeure clause? What should you do if they do – or don’t? What can you do if your organization faces challenges fulfilling contractual obligations?

Director Duties: Are your organization's directors fully aware of their responsibilities to protect and steward the organization in both times of stability and crisis? What are liabilities and risks that should be considered?

Commercial Leasing: Does your organization lease property for programs or administration? What are some financial and protection options for leasing? Can you engage in rental negotiations with the landlord? Have you communicated with the landlord about access limitations or health measures like signage, hand sanitizer and sanitizing?