Canada’s online legal magazine.

Archive for ‘Substantive Law: Legislation’

Effective Start Date of ORPP Delayed

In a previous Slaw blog post, we discussed the Ontario government’s establishment of the Ontario Retirement Pension Plan (ORPP) by January 1, 2017 with enrollment starting in 2016. On February 16, 2016, the Ontario government announced that they have decided to delay the effective start date of the Ontario Retirement Pension Plan (ORPP) after entering into an agreement with the federal government that would allow for time to find a solution to individual Canadian pension shortfalls and a possible enhancement to the CPP. This entails: . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario Retirement Pension Plan: It’s Coming!

With the Ontario Retirement Pension Plan Act, 2015 now in force, the Ontario government is moving ahead to establish the ORPP by January 1, 2017. The ORPP is a made-in-Ontario alternative to a Canada Pension Plan (CPP) enhancement.

The plan is needed according to the government because many Ontarians, including middle- and higher-income earners, may not be saving enough to ensure comparable standards of living in retirement.

The ORPP is mandatory for employers without a comparable workplace pension plan. Employers who already offer a comparable workplace pension plan will not be required to participate in the ORPP. All workers must . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Background Material on Québec’s New Code of Civil Procedure

Quebec’s new Code of Civil Procedure came into force on January 1, 2016. It involves an ambitious overhaul of the way cases are supposed to work their way through the courts and it is intended to increase access to justice.

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), recently added an annotated version of the province’s new Code of Civil Procedure to its website (in the lefthand column of the eLois page, click on “Code de procédure civile (nouveau)”). 

 The annotation includes the sections of the new Code, a . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Electronic Designation of Beneficiaries

From time to time the question of electronic wills is raised for discussion. This Uniform Law Conference has visited the topic a couple of times.

I have a related question today: should people be able to use electronic means to designate beneficiaries of savings plans (pension plans, RRSPs, TFSAs etc.) or insurance policies? If so, how? And if not, why not?

Usually such designations have be in writing and signed. The Uniform Electronic Commerce Act permits both e-documents and e-signatures. However, the UECA excludes wills and codicils. Most if not all provinces and territories have adopted this exclusion.

It is . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

AODA New January 2017 Compliance Deadlines

Large and small organizations in the private and non-profit sectors have a new Accessibility for Ontarians with Disabilities Act (AODA) compliance deadline coming up on January 1, 2017.

1) Large organizations (50+ employees)

Starting January 1, 2016, provincially regulated organizations with 50 or more employees in Ontario must work to comply with the design for public spaces standards under the built-environment to address barriers impeding access to outdoor public spaces by persons with disabilities, but not those barriers inside buildings. This task must be completed by January 1, 2017.

This standard covers a variety of public spaces such as exterior . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Eluding Relief: Ministerial Discretion and the Impact of Recent Amendments to the Immigration and Refugee Protection Act

Recent amendments to the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) ( will make ministerial relief illusory for some foreign nationals deemed inadmissible to Canada on security grounds. The government created this problem in its response to the Supreme Court of Canada’s (“SCC”) ruling in Agraira v Canada, 2013 SCC 36 (“Agraira”) ( Agraira challenged the application of IRPA s 34(2) ( under which an inadmissible foreign national could apply to the Minister of Public Safety for an exemption if they could prove their presence was not contrary to the “national . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

The Role of ISPs in Canada’s New Copyright Regime

In 2012, the Copyright Modernization Act was enacted to make a number of significant changes to Canada’s existing copyright regime. One of the primary goals of this new legislation was to ensure that Canada did not open the floodgates to “copyright trolls” (copyright plaintiffs who file lawsuits simply to extort quick settlements) and devolve into the shocking state of copyright litigation south of the border. The federal government hopes to balance the rights of copyright holders with the privacy rights of the alleged copyright infringers. The Act now has a statutory limit of $5,000 on damages for all non-commercial copyright . . . [more]

Posted in: Case Comment, Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Do Mental Health Act Detainees Have Charter Rights?

Upon arrest or detention, a police officer must advise a detainee of their s. 10 Charter right to retain and instruct counsel without delay. Does this right apply if a person is “apprehended” and taken involuntarily to a health facility for a psychiatric assessment? Presumably it does: if the individual is not free to leave the officer’s custody or refuse the examination, then their individual liberty is clearly suspended by a state authority. This is the very definition of a “detention” under the Charter: R v Grant. Yet, the case law implies that officers may be failing to advise . . . [more]

Posted in: Case Comment, Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Of Buzz and One Less Pay Wall With Sensational Spelling

Fellow Slaw contributor Kim Nayer wrote about QPLegalEze’s imminent dismantlement back in April 2014. Her post, titled “Goodbye QPLegalEze; Welcome Open Law“, heralded an end to an era of embargoed legal information, and hinted at the promise of a more democratic trend—one where the government lets the law become knowable even in the absence of our wallets.

Some goodbyes take longer than others. 20-odd months later, however, it really does feel like the house has cleared out. The repository of BC’s laws (various enactments, historical tables, ministerial orders archives, and that sort of thing) which was once kept  . . . [more]

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

Greater – but Not Perfect – Clarity Coming, at End of Year, to Question of Personal Property Security Jurisdiction

By Nora Rock, corporate writer at LAWPRO.

A personal property security interest can’t be perfected if it’s registered in the wrong jurisdiction. Pinning down the appropriate jurisdiction for registration of a non-possessory interest in an intangible (like intellectual property), a good used in more than one jurisdiction (like a transport truck), or an instrument (like a lease) has proven to be surprisingly hard, due to ambiguous language in PPS statutes across the country.

The version currently in force of s. 7(1) of the Ontario Personal Property Security Act provides that the validity and perfection of a registration of an interest . . . [more]

Posted in: Substantive Law: Legislation

Let 2016 Be a Year of a Compassion for Employees in Canada

Compassionate care benefits are available to employees who have to take time away from work to care for a sick family member who has a significant risk of death. Changes to the availability of compassionate care benefits under the Employment Insurance Act are set to come into force in the New Year. The changes, which were introduced as part of the 2015 Budget, will increase the maximum amount of compassionate care benefits from six weeks to twenty-six weeks. The changes come into force on January 3, 2016.

Compassionate care benefits complement compassionate care leave, which is provided for in provincial . . . [more]

Posted in: Substantive Law: Legislation

A Tip for Employers? New Rules for Tip-Earners in Ontario

Tips in Ontario’s service industry are currently divided up in a variety of ways: they can be kept by the specific employee who receives them, pooled to share with other employees, or pooled to share with other employees and the employer. An act entitled Protecting Employees’ Tips Act, 2015 amends Ontario’s Employment Standards Act to prohibit employers from taking a share of tips.

Passed yesterday, the Act will take effect in six months. While there will be a few situations in which employers may be permitted to share in tips (such as when the employer regularly performs the same work . . . [more]

Posted in: Substantive Law: Legislation