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Archive for ‘Substantive Law: Legislation’

Broadly Defining a Director’s Duty in Bill C-97

Corporations are essential to the modern economy. They allow for the organization and strategic application of capital in focused manner that allows for wealth to grow, and have been a fundamental legal innovation for the emergence of the capitalist economy.

Of course, corporations as legal entities are a legal fiction that converts what would otherwise be a piece of property into a party with its own free-standing rights. These rights are limited, however, and continue to be defined.

The Court in cases like Irwin Toy Ltd. v. Quebec and British Columbia Securities Commission v. Branch confirmed that although they enjoy . . . [more]

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

Northwest Territories Upcoming Statutory Leave Changes

On May 29, 2019, the Northwest Territories tabled Bill 57, An Act to Amend the Employment Standards Act to align with recent changes to certain statutory leaves in the Canada Labour Code and the Employment Insurance Act, as well as to update certain provisions of the Employment Standards Act to better protect Northwest Territories workers. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

The Review of Government Appointments Should Be Public

Integrity Commissioner J. David Wake recently indicated that he could investigate the Ford government’s appointments of people with whom the Premier’s former chief of staff, Dean French, had some form of association or, indeed, all previous appointments. (Mr. French resigned as the premier’s chief of staff after news of appointments initially broke.) However, Mr. Wake also stated that he could report only to the premier and not release his findings to the public. Yet the public has an interest in such cases, perhaps particularly one that appears to be so extensive, and not only in the appointments themselves, but . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

New Rules Governing Unpaid Interns in Federally Regulated Workplaces

In December 2017, legislative amendments under the Budget Implementation Act, 2017, No. 2 (introduced as Bill C-63), to Part III (employment standards) of the Canada Labour Code (the Code) to limit unpaid internships in the federally regulated sector to only those that are part of an educational program were enacted but did not come into force right away. On June 8, 2019, the federal government published proposed regulations in the Canada Gazette to extend standard health and safety protections to unpaid interns and to enact supporting regulations regarding limitations to internships under Part III of the Canada Labour Code. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Regulations Amending the Canada Labour Standards Regulations

In preparation for the September 1, 2019, coming into force date of the amendments to Part III (Labour Standards) of the Canada Labour Code, the federal government registered in the Canada Gazette, Part II, Volume 153, Number 12, on June 3, 2019, the consequential amendments to the Canada Labour Standards Regulations. This is intended to align the Regulations with the new and amended Canada Labour Code provisions and to support their implementation. Additional housekeeping amendments are also needed to address other editorial and alignment issues. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

New Proposed Cannabis Regulations

This week, Health Canada announced the new amendments to the Cannabis Regulations, which set rules governing for the legal production and sale of edible cannabis, cannabis extracts and cannabis topicals. The amended regulations will come into force on October 17, 2019, but will not be available to Canadians until mid-December 2019, due to the 60-day notice requirement for all federal license holders.

An overview of the amended regulations are available here, with a pdf summary here. The full regulations will be published in the Canada Gazette on June 26, 2019.

Some of the main features include placing . . . [more]

Posted in: Substantive Law: Legislation

British Columbia Employment Standards and Labour Relations Reforms Passed

On May 30, 2019, the British Columbia government gave royal assent to an amended version of Bill 8, Employment Standards Amendment Act, 2019 to significantly update the Employment Standards Act, and royal assent to an amended version of Bill 30, Labour Relations Code Amendment Act, 2019 to provide greater protections for unionized workers. According to the government, the changes will better protect workers, bring greater stability for employers and more durable labour relations. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Using Law to Restrict Freedom of Religion and Conscience: The Vaccination Issue

Generally speaking, those of us above “a certain age” grew up suffering from dangerous childhood diseases, such as chicken pox, measles and mumps, among others. Most of us survived, but not every child did and even among the survivors, children lost their hearing or there were other negative consequences (increased risk of miscarriage for women contracting measles during pregnancy, for example). Measles can result in swelling of the brain, ear infections, pneumonia, among other serious conditions.

What a blessing the vaccines to end these diseases were. The measles vaccine was introduced in 1963, the mumps vaccine was approved . . . [more]

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

Alberta Rolling Back Certain Employment Standards and Labour Relations Reforms

On May 27, 2019, the Alberta government tabled Bill 2, An Act to Make Alberta Open for Business to make amendments to the Employment Standards Code and the Labour Relations Code. This involves rolling back certain measures that were implemented by the previous government and adding in new rules. According to the government, the proposed Open for Business Act would reduce unfair burdens on businesses and give workers more rights in unionized workplaces.

Employment Standards Code changes

1. Introducing a $13 per hour minimum wage rate for students under 18:

This change is not part of Bill 2, but . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

How Law Affects the Relationship Between the People and Government

Law is a significant factor in how the individual is able or is forced to interact with the state. It may be a force of oppression, it may protect people from each other and indeed, from the state itself. It may enable people to attain rights and benefits. Our nexus with law helps to define us as a society. When the opportunity to employ law to attain rights is diminished or when law is used as a threat to force particular conduct based on improper motives, the nature of that nexus changes. Cuts to legal aid and the expected repeal . . . [more]

Posted in: Justice Issues, Legal Information, Substantive Law: Legislation

Canada Introduces a Digital Charter to Better Protect Privacy

Misinformation and privacy have threatened the very foundations of Western democracy, and Canada has proposed a response – a Digital Charter.

An announcement this past week builds on the commitment made to join the Christchurch Call, to “bring together countries and tech companies in an attempt to bring to an end the ability to use social media to organise and promote terrorism and violent extremism.” The 10 Principles of the proposed Digital Charter are as follows:

1. Universal Access: All Canadians will have equal opportunity to participate in the digital world and the necessary tools to do so, . . . [more]

Posted in: Substantive Law: Legislation, Technology

British Columbia Upcoming Changes to the Labour Relations Act

On April 30, 2019, the British Columbia government tabled Bill 30, Labour Relations Code Amendment Act, 2019 to provide greater protection for unionized workers. According to the government, the changes will also bring greater stability for employers and more durable labour relations.

The labour changes are based on a report by a three-member, independent panel appointed last year that made 29 recommendations. The panel included labour and business representatives.

Harry Bains, Minister of Labour said that “for many years, B.C.’s workers have seen employment rights and job security seriously threatened. And yet the Labour Relations Code hasn’t had a substantive . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation