Archive for ‘Substantive Law: Legislation’
Pending legislation always makes good fodder for lawyers to comment on in annual predictions articles. The pending anti-spam legislation has resulted in several such comments.
In my predictions article scheduled for publication next week, I comment that:
. . . [more]
The Federal anti-spam legislation that was expected to be in force in 2011 is still waiting for regulations to be passed before coming into force. The draft regulations received a lot of criticism, and may be revised prior to the Act coming into force. The Act will be a compliance headache for many organizations, unless the regulations effectively narrow the broad definition of
“Her Majesty’s Counsel, learned in the law, for the Province of Alberta”
The designation of Queen’s Counsel was bestowed recently on some members of the Alberta Bar. Though the tradition of recognizing outstanding expertise, work and contributions in a lawyer’s public life has ceased in some Canadian jurisdictions, being appointed a QC is worthy of congratulations.
Quebec stopped making Queen’s Counsel appointments in 1976, and Ontario stopped the practice in . . . [more]
As I am in the holiday spirit, I thought it would be good to post a quick reminder about how statutory holidays work in La Belle Province. I’d also be curious to know how this might differ from other provinces or countries altogether.
According to the Québec Labour Standards Act, employers can require that employees work on statutory holidays. However, if they are required to work, employees must be paid an indemnity equal to 1/20 of the four weeks’ wages preceding the holiday, in addition to your regular salary. If the employee makes commission, the indemnity would be . . . [more]
Mandatory Reporting of Internet Child Pornography by Persons Who Provide an Internet Service Now Law
I have always loved law reform commission reports. They are great sources for legal research. Many of the reports provide historical background on an issue and you can often find comparative information about how other jurisdictions have responded to a legal problem.
My highlights from the fall of 2011:
- Of course, the great news is that all of the reports of the former Ontario Law Reform Commission have been digitized (as reported December 12 right here on Slaw)
- The British Columbia Law Institute (BCLI) is launching a two-year project to consider reforms to judge-made rules governing when a person is
On December 7, 2011, Bill 28, The Registered Human Resources Professionals Association Act, 2011 was reintroduced in the Ontario Legislature (formerly Bill 138). This time, by representatives from all three political parties: David Zimmer, MPP, Christine Elliott, MPP and Michael Prue, MPP. The aim of the Bill remains to create a new public act governing HRPA and its members making the HRPA a true regulatory body much like those governing accountants and lawyers. We examined the previous Bill (which is similar to the new Bill) on Slaw here.
The Bill would repeal the Human Resources Professionals Association of Ontario . . . [more]
An announcement of new legislation being introduced here in Nova Scotia caught my attention recently, leading me to do a little searching which produced something that I find interesting. Considering the history of Halifax, and Nova Scotia in general being a seaport kind of place, it might seem somewhat late the NS Gov’t is introducing legislation to regulate tattoo parlours in the province. The legislation itself is not that fancy in that is simply enabling regulations to be created to regulate the industry.
This bit of news caused me to wonder what other jurisdictions have done regarding tattooing so . . . [more]
This is another follow up to a previous Slaw post regarding IQT’s closure. In partnership with the Ontario Ministry of Labour (MOL), the Commission des normes du travail (CNT) and Revenu Québec (MRQ) filed a petition at the courthouse in Trois-Rivières to have IQT Ltée declared bankrupt under the Bankruptcy and Insolvency Act. This measure is designed to enable 163 former employees of the call centre in Trois-Rivières, and 400 former employees of the call centre in Oshawa, to avail themselves of the federal Wage Earner Protection Program (WEPP). The petition will be heard on December 20, 2011. . . . [more]
by Philippa Lawson*
Those following the development of Canadian privacy law have long awaited amendments to the Personal Information Protection and Electronic Documents Act (“PIPEDA”), some of which are proposed in Bill C-12. This rather long post addresses just one of these amendments: the proposed new definition of “lawful authority”.
Under PIPEDA, telecom service providers (“TSPs”) are permitted to disclose “personal information” (which includes name, address, and any other information about an identifiable individual) without the knowledge or consent of the individual only in certain specified circumstances. One of those circumstances is if the disclosure is “made to a . . . [more]