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Archive for ‘Substantive Law: Legislation’

“Is the Proposed Canadian Securities Act Within the Legislative Authority of the Parliament of Canada?”

Today’s a day that Phil Anisman must have wondered whether he would see. Back in 1979, he published Proposals for a securities market law for Canada.

A national Securities Bill unveiled, a Canadian Securities Regulatory Authority established and the scheme instantly referred to the Supreme Court of Canada.

As the preamble says:

  • capital markets affect the well-being and prosperity of all Canadians;
  • capital markets are increasingly national and international in scope;
  • capital markets are rapidly evolving and include increasingly complex financial products and methods of distribution and trading;
  • it is important for Canada to have competitive capital markets and . . . [more]
  • Posted in: Substantive Law: Legislation

    Overview of Proposed PIPEDA Amendments

    On Tuesday, May 25, the Minister of Industry introduced in Parliament Bill C29, also known as an Act to amend the Personal Information Protection and Electronic Documents Act.

    Bill C-29 is the long-awaited government response to the five year mandatory review of PIPEDA and contains a number of very significant amendments that, if passed, will alter the landscape of privacy law compliance in Canada. At a very high level, it provides mandatory breach notification for security breaches related to personal information, attempts to clarify the confusing “lawful authority” provisions in Section 7 and also facilitates the disclosure of customer . . . [more]

    Posted in: Substantive Law: Legislation

    FISA – New Anti-Spam Bill Introduced

    The Canadian government introduced two important new bills yesterday. Bill C-29 amends PIPEDA – I’ll leave commentary on that to David Fraser.

    Bill C-28 is the “Fighting Internet and Wireless Spam Act” or FISA. It is essentially the same as the “Electronic Commerce Protection Act” that was proposed previously. Here is Industry Canada’s news release, and the bill itself.

    It targets the sending of what we would typically call spam, or unwanted commercial email, as well as spyware and phishing.

    From the news release:

    The proposed FISA is intended to deter the most damaging and deceptive forms of . . . [more]

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

    Ignition Interlock Regulations Come to Ontario

    After much stalling and anticipation Ontario has finally enacted a formal ignition interlock program designed to relieve some of the burden on our courts caused by massive amounts of impaired driving litigation.

    Effective Aug. 3, 2010, persons convicted of a first impaired driving offence that does not cause bodily harm or death will be eligible for reduced licence suspensions if they comply with the regulations of the program — the primary requirement being the installation of an ignition interlock device (essentially a mini-breathalyzer machine attached to the ignition of your vehicle making it impossible to operate the car unless sobriety . . . [more]

    Posted in: Substantive Law: Legislation

    Public Forum on Quebec Bill 94 Underway

    General consultations on Quebec’s Bill 94, An Act to establish guidelines governing accommodation requests within the Administration and certain institutions started on May 18, 2010. Much to my annoyance, many journalists and media outlets are referring to the bill as “the facial covering bill” or “the niqab bill”. To summarize, the bill says… . . . [more]

    Posted in: Substantive Law, Substantive Law: Legislation

    SLAPPs, Forests and Trees, Biting the Hand

    This week’s issue of The Lawyers Weekly (vol 30., no. 3, May 21/10) has an article on the first page crowing about the successful dismissal, under Quebec legislation, of an action found to be a SLAPP (a Strategic Lawsuit Against Public Participation) action. The article continues on p.3 under the caption “Decision will ‘no doubt discourage’ abusive suits and SLAPPs.”

    I’m going to put aside (what is to me the obvious) conflict between anti-SLAPP legislation and the “not plain and obvious that the action must fail” threshold which, in substance, is all that is needed on the merits issue for . . . [more]

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

    A New Vote on Abortion?

    Between the government’s withdrawal of funding for NGOs that provide maternal health programs overseas, and a proclaimed emphasis on maternal health at the upcoming G8, some in Canada are wondering if we’re heading to a new vote on abortion.

    Liberal MP Paul Szabo of Mississauga South said,

    Is (a vote) inevitable? I would say yes.

    If such a vote was held today, what would the outcome be? . . . [more]

    Posted in: Substantive Law: Legislation

    Text of the Bill to Eliminate Some Pardons

    The text of the Eliminating Pardons for Serious Crimes Act, Bill C-23, introduced in the House yesterday, is available here. It amends the Criminal Records Act, R.S.C. 1985, c. C-47. The official summary of the Bill reads as follows:

    This enactment amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension. It also makes certain offences ineligible for a record suspension and enables the National Parole Board to consider additional factors when deciding whether to order a record suspension.

    According . . . [more]

    Posted in: Substantive Law: Legislation

    Feds Introduce Child Porn Reporting Bill

    On May 6th, the federal government introduced Bill C-22, the Protecting Children From Online Sexual Exploitation Act. If passed, the Act will impose a duty on persons who provide an “internet service” (internet access, e-mail or internet content hosting) to report child pornography offences in certain circumstances. This includes when a service provider has reasonable grounds to believe its service is being used to commit a child pornography offence. Fines and offences range from $1,000 to $100,000 for repeat offenders.

    This adds to duties embodied in legislation in Manitoba (in force since April 2009), Nova Scotia (in force since . . . [more]

    Posted in: Substantive Law: Legislation

    Bilingual Judges… Again

    It might be time to visit once again the substance and situation of Bill C-232, which received 3rd Reading on March 31 and awaits Royal Assent to become law. The text the legislation is as follows:

    1. Section 5 of the Supreme Court Act is renumbered as subsection 5(1) and is amended by adding the following:

      (2) In addition, any person referred to in subsection (1) may be appointed a judge who understands French and English without the assistance of an interpreter.

    1. L’article 5 de la Loi sur la Cour suprême devient le paragraphe 5(1) et est modifié par

    . . . [more]

    Posted in: Substantive Law: Legislation

    Draft Alberta Rules of Court Now Available

    There is a draft copy of the new Alberta Rules of Court available.

    As you learned from Slaw the new Rules of Court are scheduled to come into force on November 1, 2010.

    There is this big caveat to be aware of:

    Please note: This draft of the new Alberta Rules of Court is provided for information purposes only, and is subject to further revision. The new Alberta Rules of Court have not yet received the final recommendation of the Minister of Justice and Attorney General, nor has the regulation been made by the Lieutenant Governor in Council. Reference

    . . . [more]

    Posted in: Substantive Law: Legislation