Canada’s online legal magazine.

Archive for ‘Substantive Law: Legislation’

Ten Things You May Not Have Known About the Canada Elections Act

Whatever you may think of the current election, the law regulating it is a significant piece of legislation, comprising some 22 parts, three schedules, and 577 sections. The Canada Elections Act sets out the ground rules — who may vote, how they must do it, how one becomes a candidate, and who counts the ballots, etc. Much of this is almost routine for us, particularly given the fact that we’ve had four federal elections in six years. But some of what’s in the act is not the stuff of news chat, and so I thought it might be amusing to . . . [more]

Posted in: Substantive Law: Legislation

AODA Era Part III: Information and Communication Standard

This post will focus on the specific requirements under the AODA Information and Communication Standard. The Information and Communications Standard (Part 11 of the PIAR) focuses on accessible information and communications relating to the provision of goods and services. The definition of “information and communication” is very broad and can include such things as websites, brochures, flyers, invoices, order forms, feedback forms, complaint forms, telephone calls, marketing materials, etc. The main goal of the standard is to promote inclusive design of information and communication platforms and to specify requirements to prevent and remove barriers to persons with disabilities when creating, conveying, distributing, procuring and receiving information and communication to and from your organization.
Posted in: Practice of Law, Substantive Law, Substantive Law: Legislation, Technology

New Canadian Regulator for Immigration Consultants

This is a follow up on a previous blog post on Bill C-35, An Act to amend the Immigration and Refugee Protection Act to regulate immigration consultants. While Bill C-35 is not yet law (passed third reading in the House of Commons and on March 10, 2011 was at report presentation and debate stage in the Senate), the Governor in Council launched a public selection process which began in August 2010, to establish a new regulatory body for immigration consultants in Canada. On March 18, 2011, the Governor in Council announced that the Immigration Consultants of Canada Regulatory Council . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

AODA Era Part II: What’s Up Next? the Proposed Integrated Accessibility Regulation

People have not been paying much attention to the application of standards under the Accessibility for Ontarians with Disabilities Act (AODA); however, they are coming soon, are complex and require understanding and preparation. In the first part of this post, we discussed the Accessibility Standards for Customer Service (Ontario Regulation 429/07). Now, will take a look at what’s coming next, the Proposed Integrated Accessibility Regulation.
Posted in: Practice of Law, Substantive Law, Substantive Law: Legislation

Bill C-28 and Social Media

David Canton and Simon Fodden have both described ways in which Bill C-28 (FISA – the “Anti-Spam Act”) could affect businesses in unanticipated ways.

Stéphane Caïdi of Fasken Martineau introduces in The Gazzette yet another – the use of social media,

Businesses should, therefore, take warning that this law will apply not only to electronic mail, but to any type of communication technology or means, including social networking media such as Facebook, Twitter, LinkedIn and promotional or advertising messages that are sent to users on their cellphones.

. . . [more]
Posted in: Substantive Law: Legislation


If you have been to Halifax, then you have seen the Citadel. The Halifax Citadel is a rather distinguishing feature of the capital of Nova Scotia, in fact it would be safe to say that the existence of the Citadel was the reason for the creation of the municipality known as Halifax. Technically; however, the citadel does not belong to Halifax, it is federal land, specifically a national historic site. Therein, lies the crux of a long simmering dispute between the Halifax Regional Municipality and the Federal Government that is heading to the SCC.

In short, the municipality feels . . . [more]

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

The AODA Era Part I: The Accessibility Standards for Customer Service, How Much Time Do I Have?

The AODA customer service standard outlines what businesses and other organizations in Ontario must do to make their goods and services more accessible to people with disabilities. Every person or organization that provides goods and services to members of the public or other third parties, and has at least one employee in Ontario, must comply; this includes law firms.
Posted in: Practice of Law, Substantive Law, Substantive Law: Legislation, Technology

Three From the World

Since I’m in rural Spain, I’ve no facilities for lengthy posts, so three pointers to interesting items from elsewhere in the world.

Let’s start with the best legal research sites you’ve never heard of. In an interview with LegallyIndia today, the ILS Pune Mooting Team – on their way to DC for the Jessup moot – were asked what research databases they used. Here is the answer:

MPL: How many online databases did you use for mooting research? Which, according to you, is the best online legal database?

Madhupreetha: Westlaw, Lexisnexis, Maxplanck, Oxford reports and Oxford Scholarship online were some

. . . [more]
Posted in: Miscellaneous, Practice of Law: Future of Practice, Substantive Law: Foreign Law, Substantive Law: Legislation

Fundamental Values of the Quebec Nation: Defining an Identity

The issues of prayers and religious symbols in provincial legislatures and municipal councils; religious-based schools and practices; and Canada as a multicultural country have caused widespread debate in Quebec and across Canada of late. You can hardly open a newspaper or listen to a news report and not catch at least one instance of it. Furthermore, with the recent increase in immigration, many Quebecers—and Canadians—are trying to define their identify: what does it mean to be a citizen of Quebec and a citizen of Canada? It has become a national issue!
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

One Way to Cut Red Tape

The Beef Cattle Marketing Act, R.S.O. 1990, c. B.5, s. 3, provides:

    3(1) Except under the authority of a licence, no person shall sell cattle.

    (2) Every person who sells cattle shall be deemed to be the holder of a licence.

This technique certainly cuts down on unnecessary paper work!

I did not find this; a colleague directed me to it. He described it as “the best tautological statutory provision” that he had seen. . . . [more]

Posted in: Substantive Law: Legislation

The Why of a Legislative Change

One of the tasks a law librarian might carry out is legislation monitoring. At the Field Libraries we keep a detailed spreadsheet of which bills lawyers or clients may want status updates for, we monitor legislation from any jurisdiction and we email interested parties whenever there is a status change for a bill. We also watch for regulations, proclamations, government news releases and other published legislation hints. It is one of those tasks that is best carried out by a small organized team so that only the relevant information is disseminated to the many. I confess to a geeky interest . . . [more]

Posted in: Substantive Law: Legislation

Federal Law – Civil Law Harmonization

When the Quebec Civil Code came into force in 1994, replacing the Civil Code of Lower Canada, the Department of Justice began a process to review federal law with an eye to harmonizing it with the new code, essentially in areas where federal law deals with matters that in other respects fall within “property and civil rights within the province.” According to the recent legislative summary [PDF] from the Legal and Legislative Affairs Division Parliamentary Information and Research Service, the aim seems more to acknowledge and “respect” the civil law tradition than it does to correct terminology that has been . . . [more]

Posted in: Substantive Law: Legislation