Canada’s online legal magazine.

Archive for ‘Substantive Law: Legislation’

Second Set of Proposed Regulations Under Canada’s Anti-Spam Legislation

The July 9 issue of the Canada Gazette was published and it includes the second set of proposed regulations under Canada’s anti-spam legislation (CASL). These are the Governor in Council regulations from Industry Canada, not to be confused with the CRTC regulations that were pre-published last week for consultation.

You can read the pre-publication in the Gazette here:

The consultation period for these proposed regulations is 60 days. . . . [more]

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

Ca-Na-Da

What follows will be no revelation to most Slaw regulars (or irregulars as the case might be) so feel free to move along, but also feel to contribute some expertise if the feeling moves you. While celebrating Canada Day last week, it occurred to me that not everybody who visits Slaw will be as comfortable with some of the legal foundations of Canada as those regulars (or irregulars) are; so what follows are some of the legalities that make Canada… well Canada.

Canadian Constitutional documents being specifically:
– The Canadian Charter of Rights and Freedoms
Canadian Constitution Act 1867, . . . [more]

Posted in: Substantive Law: Legislation

Library of Parliament Outlines Current and Emerging Issues for Canada’s 41st Parliament

The Library of Parliament has released a document outlining the current and emerging issues that will face the new Canadian Parliament elected on May 2, 2011.

William Young, Parliamentary Librarian, explains:

“The pages that follow illustrate the kind of work we can do for you: 27 concise and easy-to-read briefings on subjects ranging from cybercrime to the impact of demographic changes on public policy. The issues are presented in summary form and represent just the tip of the iceberg when it comes to our subject-matter expertise (…)”

“The sheer volume of information presented at the beginning of a new Parliament

. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Welcoming Reservists Back Home – and Back to Work

Now and in the coming months, members of the Canadian Forces will be returning from military service in Afghanistan in significant numbers. Many of them, Reservists, will be returning to civilian work. We all owe these soldiers a debt of gratitude for their service. Employers specifically owe them a number of legal obligations, under Employment/Labour Standards legislation in various jurisdictions.
Posted in: Miscellaneous, Substantive Law: Legislation

Anti-Spam Regs Published for Review – at Least Some of Them

The CRTC today published proposed regulations for the anti-spam act. Apparently there are still some to come from Industry Canada. The CRTC invites comments on the draft until August 29. From the CRTC notice:

The Commission calls for comments on new draft regulations, Electronic Commerce Protection Regulations (CRTC), with respect to the form and certain information to be included in commercial electronic messages (CEMs) and with respect to requests for consent for the sending of CEMs, the alteration of transmission data in electronic messages, and the installation of computer programs. The draft regulations are made pursuant to legislation which gives . . . [more]

Posted in: Substantive Law: Legislation

Federal Government Launches Workplace Mental Health Standards Initiative

Since the economic burden of mental illnesses in Canada has been estimated at $51-billion per year, with almost $20-billion of that coming from workplace losses, the Mental Health Commission of Canada (MHCC) has launched a collaborative project with the Bureau de normalisation du Québec (BNQ) and the standards division of the Canadian Standards Association (CSA Standards) to create a voluntary national standard for mentally healthy workplaces. The standard aims to help Canadian employers support the psychological health and safety of their employees. According to the government, Canada is the first country in the world to develop such a standard.
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Mandatory Recalls Now Possible

A new law came into effect yesterday: the Canada Consumer Product Safety Act, S.C. 2010, c. 21 (the “Act”).

While the definition of a consumer product is quite broad (according to s. 2 of the Act, it is “a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging”), a number of goods are already excluded from this legislation under Schedule 1, products which are already covered by another piece of legislation. Such consumer . . . [more]

Posted in: Substantive Law: Legislation

You Scream, I Scream, We All Scream…

…For Ice Cream or more properly “Iced” Cream, (this is one of those words that we have slang-ed much like Web Log to Blog). As we approach the Summer Solstice, the first day of summer, on Tuesday of next week, it’s time to celebrate our (all-too-brief) summer, notwithstanding that many of us have not experienced much summer-like weather yet. Nonetheless, I have already experienced more than one ice cream headache aka. brain freeze, cold stimulus headache or more accurately sphenopalatine ganglioneuralgia (say that 3 times fast). It is generally agreed that the feeling of someone driving an ice pick into . . . [more]

Posted in: Legal Information, Miscellaneous, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Managing Multi-Jurisdictional Class Proceedings – Proposals for Reform

Most Canadian jurisdictions (except PEI and the Territories) have Class Actions statutes and our courts are increasingly having to deal with the complex issues that class litigation presents. One of the most difficult issues is the co-ordination of litigation that involves class members in multiple jurisdictions. Because our federal courts (with a statutory jurisdiction) have not the sort of diversity jurisdiction that facilitates the consolidation of multi-state proceedings) our courts must fashion solutions within the structure of provincial superior court primacy over civil litigation.

The defects of the current system have been described as follows:

Overlapping, multijurisdictional class actions

. . . [more]
Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

Iceland Crowd-Sources Constitutional Reform

There are 320,000 inhabitants of Iceland, a country about twice the size of Nova Scotia. But small in size doesn’t mean small in thought. They’re in the process of revising their constitution at the moment, and one feature of the process is the invitation to the public to comment on committee drafts as they’re presented online. To get the widest possible involvement, they’ve established a Facebook page and a Twitter account for the purpose, as well as the basic web page.

As the official page states:

The Constitutional Council is eager to make sure the public can be up

. . . [more]
Posted in: Legal Information: Publishing, Substantive Law: Legislation

Spring Woe in Calgary

My dad made beautiful lawns. I cultivate no grass. This sort of careful sidestepping is part of the way that one generation succeeds another, I believe. And in my case it’s also how I avoid the plague that’s even now striking Calgary. I’m talking of Taraxacum officinale, better known as pissenlit and dandelion. Apparently they’re spreading like crazy in Calgary, and the city can’t do anything about it.

The reason is that provincial legislation no longer lists the humble (and edible) dandelion as a noxious weed. Alberta, like most provinces, has a Weed Control Act that lets you — . . . [more]

Posted in: Miscellaneous, Substantive Law: Legislation