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Archive for ‘Substantive Law: Legislation’

Do We Need a National Discussion on the Definition of ‘Human Being’?

Members of Parliament Stephen Woodworth (Kitchener-Centre, CPC) and Jeff Watson (Essex, CPC) are calling for a national discussion on the definition of “human being” and a full examination of Canada’s laws in this regard. The appeal is supported by the Evangelical Fellowship of Canada (EFC).
Posted in: Substantive Law, Substantive Law: Legislation

Anti-Spam Law Musings

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:

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

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

Queen’s Counsel Appointments

“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.

The legislative authority for Queen’s Counsel appointments exists in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan

Quebec stopped making Queen’s Counsel appointments in 1976, and Ontario stopped the practice in . . . [more]

Posted in: Substantive Law: Legislation

Can Your Boss Make You Work on New Years Day? Yes.. in Québec, at Least

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]

Posted in: Substantive Law: Legislation

Mandatory Reporting of Internet Child Pornography by Persons Who Provide an Internet Service Now Law

On December 8, 2011, the federal Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (formerly Bill C-22) came into force. The new legislation aims to protect children from online sexual exploitation, by requiring suppliers of Internet services to the public to:
Posted in: Substantive Law, Substantive Law: Legislation

Busy Fall for Law Commissions

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:

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

Proposed Changes for Human Resources Professionals Reintroduced

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]

Posted in: Substantive Law, Substantive Law: Legislation

The Plane Boss! the Plane!

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]

Posted in: Substantive Law: Legislation

CNT, MOL and MRQ File Petition to Have IQT Ltée Declared Bankrupt

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]

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

Solidarity Tax Credit: Quebec Government Rejects Legal Opinion

This is a follow-up to my previous Slaw post on the obligation to register for direct deposit to receive the Solidarity Tax Credit. On November 30, 2011, the Quebec government indicated that it is refusing to end the obligation to register for direct deposit to receive the credit.
Posted in: Substantive Law, Substantive Law: Legislation

Obligation to Register for Direct Deposit Discriminatory

Differential treatment of individuals who are actually or presumed to belong to a particular group of people receiving a certain source of income is contrary to human rights standards. A measure that appears neutral can have a discriminatory effect upon a person or group of people, for example, where the measure imposes penalties or restrictive conditions not imposed on others because of their social status. This is exactly the case with...
Posted in: Substantive Law, Substantive Law: Legislation

Bill C-12 and “Lawful Authority” Under PIPEDA

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]

Posted in: Substantive Law: Legislation, Technology