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Archive for ‘Substantive Law: Legislation’

Right to Be Forgotten – the EU Justice Commissioner Chimes In

Martine Reicherts, the Justice Commissioner for the EU, has little patience with those who express concern about the ‘right to be forgotten’ as imposed by the EU Court of Justice in May of this year (without actually using the expression itself). Here is her speech and a short but very direct summary at the outset.

As you probably know, the UK House of Lords recently issued a report describing the right as ‘misguided in principle and unworkable in practice’:

Who’s right? Will the EU hurt itself by insisting on putting internet intermediaries, especially those that do not organize content, to . . . [more]

Posted in: International issues, Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

Ontario Personal Income Tax Rate Structure Changes, but Creates Complexities for Payroll

Usually, income tax table updates occur January 1 and July 1 of each year. However, because the Ontario budget was passed on July 24, 2014, the income tax table changes and resulting processes have been delayed to September 1, by the Canada Revenue Agency (CRA). So how do these changes impact employers’ withholding and remitting obligations?
Posted in: Substantive Law, Substantive Law: Legislation

Use of CRA Audits for Political Means

 A special political-activities audit of charities by the Canada Revenue Agency (CRA) has been under scrutiny recently. The special CRA probe, backed by $13 million and created in 2012, looks at whether charities are following laws which limit their political involvement. But critics claim not all charities are being treated equally, and the majority of the 60 charities under investigation have had a tumultuous relationship with the federal government.

The Canada Not-for-profit Corporations Act (NFP Act) came into effect on Oct. 17, 2011, however, corporations incorporated under Part II of the Canada Corporations Act (“CCA”) continue to be governed . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Quebec Employer’s Right to Waive Resignation Notice Decided by Supreme Court of Canada

On July 25, 2014, the Supreme Court of Canada released its decision in Quebec (Commission des normes du travail) v. Asphalte Desjardins inc., on the issue of whether an employer who receives a notice of termination from an employee can terminate the contract of employment before the notice period expires without in turn having to give notice of termination or pay in lieu of such notice.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Of Lotus Land and Outdated Bicycle Laws

Here out west you’ll find a “Beads and Granola” culture (thank you, Douglas Coupland), where our mild work ethic, sea-to-sky nature and hospitable year-round climate lures would-be lotus eaters from across the vast confederation. British Columbia’s fresh air and crisp scenery encourages outdoor activities of all kinds. Even our roadways are a balmy, unblemished asphalt invitation for physical enjoyment through bicycling.

So it’s somewhat surprising that despite a progressive vibe, BC’s cycling laws are among the least friendly in the country.

Even as BC’s capitol city boasts astonishing commuter stats—at 5.9% Victoria has basically three times more bike commuters . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Quebec Bill Would Require Small Farms to Collectively Bargain

Quebec's new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

CASL Now in Force

You may be tired of hearing about CASL, and tired of getting the consent requests that people were sending out before July 1. The pre July 1 scramble was done because sending an email to request consent is now itself considered spam. But we may still see requests, which can be sent if the recipient fits into one of the exceptions.

In hindsight, I wish I had kept track of the number of consent requests I got, how many of those were not technically compliant with CASL, and how many were from entities I’d never heard of that were . . . [more]

Posted in: Substantive Law: Legislation

Reform Access to Information for Health Sector

The Canadian Open Government Initiative was announced on March 18, 2011. The project focuses on 3 main streams:

  • Open Data, which is about offering Government data in more useful and machine-readable formats to enable citizens, the private sector and non-government organizations to leverage it in innovative and value-added ways.
  • Open Information, which is about proactively releasing information, including on Government activities, to Canadians on an ongoing basis. It is about proactively making Government information easier to find and accessible for Canadians.
  • Open Dialogue, which is about giving Canadians a stronger say in Government policies and priorities, and expanding engagement
. . . [more]
Posted in: Substantive Law: Legislation

Prostitution Bill Sets Aside $20 Million to Support Sex Trade Workers

Prostitution law is back in the news, almost a year after the Supreme Court released its dramatic decision in Canada v. Bedford. The Court found the main provisions of Canada’s prostitution law unconstitutional, struck them down and gave the government one year to introduce a law that doesn’t offend the Constitution...
Posted in: Substantive Law, Substantive Law: Legislation

CASL Hits Next Week – Are You Ready?

CASL - Canada’s new anti-spam legislation – becomes law on July 1. It is a sledgehammer to kill a fly approach to spam that requires attention by almost every business and not for profit. In my view, the significant amount of time, effort, and money that it will take for legitimate businesses and not for profits to comply with the act will come nowhere close to justifying any meagre benefit.

Many business have complied, many are just waking up to it now, and many are ignoring it. It doesn’t help that the act has a broad definition of spam that . . . [more]

Posted in: Substantive Law: Legislation

Employment Law and First Nation Band

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013, in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Update: Bill 52, Assisted Suicide Bill Passes Third Reading

The Quebec National Assembly has adopted a historic “right-to-die” legislation (94-22 margin/0 Abstention), the first in Canada. All 22 votes against Bill 52 were from Liberal members, including 10 cabinet ministers. The Bill gives terminally ill adult patients in the province of Quebec, who are of sound mind, the right to palliative care and medical assistance to die in exceptional circumstances and safeguards.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation