October 30, 2014 UPDATE
After 19 months from the original endorsement, PGC has undertaken another review of the Justice Pharma Program. This was done to ensure that PGC members who participated in the Justice debt settlement program were actually receiving the services and results anticipated. This second review has resulted in a new and continuing endorsement of the Justice Pharma Program. You can see the full results of this second review by clicking HERE.
December 17, 2012
The Board of Directors of Profitable Giving Canada has approved the establishment of the PGC Debt Settlement Committee 2012. This Committee has been established at the request of Justice Trading Ltd. to evaluate the Justice Pharma Program. This program was created to settle donation debts of donor's who participated in certain RPGA programs as listed below;
The Committee is to review and evaluate the Justice Pharma Program according to the Mandate and make a recommendation to the PGC Board of Directors as to whether or not PGC should grant its endorsement to the Justice Pharma Program.
The Committee is to review all of the Justice documents, applications, marketing material, legal opinion, and other relevant information. The criteria for evaluation is outlined below:
- The steps and actions undertaken must result in the donors’ debts being settled 100% compliantly and according to the terms of the contracts each participant signed, whether the contracts are all the same or all completely different.
- The terms of settlement undertaken to execute must have every key transaction independently reviewed on an ongoing basis and approved as compliant by a Canadian professional entity that is bound by a regulatory code of practice or professional responsibility, and covered by professional liability insurance. (Eg: a Canadian law firm, or Escrow Agent.)
- The settlement vendor/organization must be independent and “arms length” from any of the aforementioned RPGAs or related entities. Additionally, the settlement vendor must meet all the requirements of an “authorized vendor” as described in donors’ agreements.
- The donors/participants must be provided with an effective mechanism to obtain refunds of any un-accrued prepaid interest that the RPGA or related entities may or should hold in trust or on account for them.
- The process must be compliant with Canadian income tax law, so as to strengthen and establish a clear position of the donor with respect to any tax credits originally obtained as a result of his/her donation. The transactions must be available for audit by the Canada Revenue Agency if required.
- The donors/participants must be protected through all aspects of the debt settlement program by terms and conditions that are enforceable by donors/participants in Canadian courts. This includes protection from actions taken by any RPGA as a result of the donor’s attempt to settle his/her debt using the Justice Pharma Program. Donors/participants should have the ability to deal directly with a local Canadian entity.
Results of Review - March 22, 2013
Having conducted an extensive review according to the Mandate, the Committee has unanimously agreed to recommend PGC endorsement of the Justice Pharma Program. All Committee documents reviewed are available upon request to interested PGC Members.
Supporting the PGC decision, is a Legal Opinion prepared by Doris Law Office, Ottawa, Ontario.
Click on the Link Below to See the Endorsement Letter