Abstract

Social enterprises are organizations that operate in the marketplace as a business, but pursue social, cultural, environmental or societal goals. Since the concept of ‘social enterprise’ first emerged 30 years ago (DeFourny & Nyssens 2010), the term has come to be applied to a group of widely hetero0genous organizations. However, they all sit at the junction of the nonprofit and for-profit sectors. Some of the types of organizations now called social enterprises existed well before the term ‘social enterprise’ was conceived – Canada’s Canadian Goodwill Industries, for example. Increasingly, however, the group of new and old organizations that blend business with social goals is being seen as a distinct new “identifiable and viable organizational form” (Elson & Hall 2010). Keywords: CVSS, Centre for Voluntary Sector Studies, Working Paper Series,TRSM, Ted Rogers School of Management Citation:

Highlights

  • Canadian social enterprises are able to operate under a range of legal forms in Canada, but these forms do not fit well with the basic structure of social enterprise, even if they work well for some/many individual social enterprises

  • The legal forms that place no formal restriction on income generation make it more difficult to pursue social ends, while the legal forms designed for organizations with social ends provide only limited opportunities for earning business income and raising external financing

  • Prior to the introduction of the Community Interest Companies (CICs), UK social enterprises were in the same position as Canadian social enterprises in using a variety of legal options designed for other types of organizations

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Summary

Section 1: Introduction to Social Enterprise

Social enterprises are organizations that operate in the marketplace as a business, but pursue social, cultural, environmental or societal goals. Since the concept of ‘social enterprise’ first emerged 30 years ago (DeFourny & Nyssens 2010), the term has come to be applied to a group of widely hetero0genous organizations. They all sit at the junction of the nonprofit and for-profit sectors. This report aims to increase our understanding of how Canada’s evolving legal framework for social enterprises is affecting, and is likely to affect, the future development of social enterprise in Canada. Its main focus is the new legal forms, designed for social enterprise, that have been recently introduced in Canada

Social Enterprise in Canada
Why Social Enterprises?
The Legal Framework
Methodology
Section 2. The Legal Regime for Canadian Social Enterprises
Non-Profits
Operating a Business
Arms-Length Subsidiaries & Other Options
Conclusion
Charities
Community Economic Development (CED) Charities
Summary
Ontario Restrictions on Charity businesses
The Voluntary Sector and Earned Income
Cooperatives
For-Profit Corporations
Partnerships
What do social enterprises need?
Proposals to Improve Existing Legal Forms
A New Legal Form
Section 3: New Legal Forms for Canadian Social Enterprise
British Columbia’s Community Contribution Companies (C3s)
Nova Scotia’s Community Interest Companies (CICs)
The New Legal Entities
The Purpose for CICs/C3s
Potential Users
Issues
Section 4: The UK Community Interest Company and its Context
The Legal Forms that UK Social Enterprises Use
Companies Limited by Guarantee
Organizations with Charitable Status
Companies Limited by shares (CLSs)
Industrial and Provident Society (IPS)
Trusts
Limited Liability Partnerships (LLPs)
Other Drivers for Regulatory Change
What Social Enterprises Need
What is a CIC?
How Innovative is the CIC?
The CIC
Section 5: The Success of UK CICs
CIC Take-Up
CICs: Types of Companies
CICs: Areas of Activities
Survival Rates
Reliance on Government
Sources of Financing
CICs and Access to Financing/Funding
Equity Financing
What Attracts Organizations to the CIC Model?
Findings
Section 6: Lessons for Canada from the UK Experience
Full Text
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