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Archive for ‘Substantive Law: Legislation’

What Does Ontario Bill 68 Really Mean?

Ontario Bill 68, The Open for Business Act, 2010 was recently tabled in Legislature. The aim of the Bill is to create a more competitive business climate in the province, while protecting the environment and public interest. Among the over 100 proposed amendments to various pieces of legislation, broadly stated, the upcoming changes would:
Posted in: Substantive Law, Substantive Law: Legislation

Transboundary Waters Protection

In the middle of May, Minister of Foreign Affairs Lawrence Cannon introduced Bill C-26, the Transboundary Waters Protection Act, which has received 1st reading. According to the (as usual) excellent legislative summary from the Parliamentary Information and Research Service, the Bill has as its main features expansion of the waters affected by the existing prohibition on bulk water removals. Now waters that flow across the boundary between the U.S. and Canada are included, whereas before only waters that straddle the boundary were affected.

Prohibited “bulk removal” is defined as follows:

    “bulk removal” means the removal of water from boundary

. . . [more]

Posted in: Substantive Law: Legislation

Alberta Rules of Court Regulation

Happy Friday! The long awaited, new Alberta Rules of Court regulation is available.
Order in Council 256/2010 alerts us that the Rules of Court is regulation made under the authority of section 28.1 of the Judicature Act. The O.C. contains the appendix that is the Rules regulation.

As previously mentioned this document is a culmination of hard work by many in the legal community. Congratulations to all who contributed to the rules revision. . . . [more]

Posted in: Substantive Law: Legislation

Gazette Officielle Du Québec: A Guide for the Rest of Us

This is an internal Heenan Blaikie piece which my colleagues Michel Gamache and Chantal Belanger (Technicienne en documentation) wrote to help those of us who have problems finding Québec official proclamations and the like. I think the tips are well worth noting for all Canadian legal researchers.

Some history

The Gazette officielle du Québec is the means by which the Quebec Government makes its decisions official. Published continuously since 1869, it makes public, on a weekly basis, all texts whose publication is required: statutes, regulations and other statutory instruments. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Internet Archive for Older Ontario Regulations

I have in the past hoped for good (or better) interfaces to the massive amounts of older Canadian legal materials being digitized on the Internet Archive.

While that hope still remains (since I think there is a need for it), I was pleasantly surprised this morning that by simply searching the words “ontario AND regulations AND 1979″ in the “Canadian Libraries” database, the result came first and it was relatively easy to get to the particular regulation I was looking for by choosing the PDF format of the document (although the PDF file was a bit large at over . . . [more]

Posted in: Legal Information, Substantive Law: Legislation, Technology: Internet

What Is the Public Works Protection Act Anyway?

A little-known Ontario law called the Public Works Protection Act, R.S.O. 1990, c. P.55 received much publicity in the last few days due to the decision to designate a large swath of downtown Toronto as a “public work” (http://www.e-laws.gov.on.ca/html/source/regs/english/2010/elaws_src_regs_r10233_e.htm). It was said this was due to G20 security concerns, giving police wide powers to search people who even dared to venture near the G20 security zone.

Many were caught off-guard by this formerly little-known legislation. What does it do? . . . [more]

Posted in: Substantive Law: Legislation

Cellphone Tracking

The good thing is that your cellphone lets others know where you are. The bad thing is that your cellphone lets others know where you are — whether you want it to or not.

Every few seconds your cellphone checks in with either a relay tower or a GPS system, which is how it’s able to perform the wonders of geolocation on Google Maps or Yelp or whatever apps you use to tell you where you are and what’s available around you. Of course, all this checking in leaves electronic records with those who provide or manage the connections, records . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

The Secret G20 Law Nobody Heard About

The Star reports today that the provincial  legislature cabinet passed a new law on June 2 without any debate. That wouldn’t be such a big deal, except that it won’t even be published in The Ontario Gazette until July 2, 2010, after it’s revoked on June 28, 2010.

Considering the nature of the regulation, it’s worthy of closer scrutiny.

Ontario Regulation 233/10 was made pursuant to ss. 1(c) and 6 of the Public Works Protection Act, and designates the now-infamous fenced-off area in downtown Toronto as a “public work.” But it’s not just the general area:

Everything described in…

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

Polar Bears, Science, and Politics

Unfortunately for them, polar bears currently don’t have a vote in a jurisdiction that matters enough to anyone in power.

Jocelyn Stacey and Shaun Fluker (University of Calgary – Faculty of Law) have posted The Polar Bear is Not a Species at Risk in Canada (Contrary to what the Rest of the World Thinks): When is a Decision Not to List Unreasonable in Law? on SSRN.

 Here is the abstract:

There is general scientific and ethical consensus that the polar bear species is in peril and in need of protection if it is to avoid extinction. However Canada has

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

Digital Locks?

Bill C-32, the Act to amend the Copyright Act, has a lot of provisions, mostly aimed at balancing the interests of creators of copyrightable content with those who consume (or work with) that content.

Probably the most controversial provision involves ‘digital locks’, i.e. technical protection measures that are designed to prevent people from using the works in ways that the owner does not want. The Act makes it an offence to ‘break’ those locks for any purpose at all.

Some of the attacks on the locks rule have been a bit exaggerated, claiming that there should be no protection — . . . [more]

Posted in: Substantive Law: Legislation, ulc_ecomm_list

HST for B.C. and Ontario

As a small business owner I am gearing up to start applying the Harmonized Sales Tax (HST) to my company’s services, in effect July 1, 2010 or earlier. I note this has implications for both those of us who reside in these provinces and those who reside outside these provinces but provide goods and services to residents of B.C. and Ontario. Here are some of the explanatory resources I have found:

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

Regulating Immigration Consultants and Cracking Down on Ghost Consultants

According to Fraud Watchers, the Canadian Society of Immigration Consultants (CSIC) has just over 1,000 authorized members, but the watchdog group estimates an additional 5,000 unauthorized “ghost” consultants operate in Canada, and likely many thousands more in other countries...
Posted in: Practice of Law, Substantive Law, Substantive Law: Legislation