Archive for ‘Substantive Law: Legislation’
I was at a conference on CASL (anti-spam) last week chaired by Barry Sookman. His summary of conference highlights is worth reading. Below are some of my observations based on both that conference and my CASL dealings with clients so far.
Large companies are spending millions of dollars to comply with CASL. Small business is struggling to comply and to make sense of how to comply and why it is even needed. But you can bet that the true spammers will just continue to try to hide from the regulators.
Opt-in rates for attempts to get express consents so far . . . [more]
Manitoba’s legislators have been busy drafting and introducing bills into the House over the course of the past two months. Since the session resumed in March, more than 20 new bills have been introduced, including 4 private members bills. Most remain at first reading stage as of the writing of this post.
A number of these bills may be of particular note across the country, including:
- Bill 48, The Sioux Valley Dakota Nation Governance Act: The explanatory note sets out that the bill recognizes and confirms the legal effect of governance agreements entered into by Canada, Manitoba and
On April 9, 2014, the Quebec Superior Court ruled that businesses in the province of Quebec may continue to display their trademarks on public signs outside their premises in a language other than French if no French version of the trademark has been registered.
Facts of the case
On November 13, 2011, during an enforcement campaign called “Une marque de respect de la loi” (A sign of respect for the law), the Office québécois de la langue française (OQLF) took the position that the trademark exception found in the Charter of the French Language (loi 101) does not . . . [more]
April launched an exciting development for BC legal researchers and for the open law and open data movements. QP LegalEze, the BC Queen’s Printer’s deep and highly functional subscription service for current and some historical legislative information, is no more. Or, more accurately, it is by subscription no more.
All of its content and functionality now is available through BC Laws, the free site also offered by the Queen’s Printer:
. . . [more]
BC Laws has been upgraded to provide enhanced searching and more content including historical legislation and related publications such as BC Gazette, full text Orders-in-Council, and Tables of Legislative
CASL – the new Canadian anti-spam act – comes into force July 1. It contains extensive, complex provisions that apply to the sending of any email that has a hint of a commercial purpose (a “CEM”). In the short term it may increase the amount of email we get. We have all received emails from mail lists we are on asking us to confirm our consent. But there is another reason we may get more. The reason goes like this:
CASL requires express or implied consent from the recipient before a CEM can be sent.
The act contains a . . . [more]
The government of Canada has introduced a bill to amend PIPEDA on privacy matters. The bill appears to be largely the same as Bill C-29 from 2010. It imposes a duty on organizations that have custody of personal information to disclose to the Privacy Commissioner and to affected individuals the fact of any breach of security affecting that personal information, if the breach creates a ‘significant risk of serious harm’ to the individual. Both terms (significant risk and serious harm are defined, or at least given more flavour, in the bill.)
. . . [more]
(7) For the purpose of this section, “significant
Effective April 1, 2014, Manitoba’s Public Trustee Act is repealed and replaced with The Public Guardian and Trustee Act (C.C.S.M. c.P205).
The new legislation was introduced last spring as Bill 36 and received Royal Assent in December 2013 without amendment. The explanatory note to the Bill summarizes the changes made to the pre-existing legislative scheme as follows:
. . . [more]
This Bill replaces the existing Public Trustee Act. Key changes include the following:
- The name “Public Trustee” is changed to “Public Guardian and Trustee”.
- The Public Guardian and Trustee’s functions are clarified and listed. They include acting as a trustee, estate administrator, litigation
I’m guessing that of the readers of Slaw that there is a substantial subset that are fans of the BBC series Sherlock. So, fair warning if you haven’t seen the 3rd episode of Season 3 – “His Last Vow”, stop reading before you make the jump.
Now that I am sad that there will not be any new episodes for about two years, I have been thinking more about past episodes and I have a very simple question based on Episode 3. Let’s just say for the sake of my flight of fancy that Mary shoots Charles Augustus Magnussen and . . . [more]
Ontario utilizes a “loser pays” legal system in which the losing party is usually ordered by the court to pay a portion of the successful party’s legal fees. As a result, regardless of who wins, someone ends up with a piece of paper requiring the other party to pay money.
Assuming that the losing party does not voluntarily cut a cheque, a bank garnishment ought to be the most straightforward and direct means to collect. I emphasize the word “ought”.
Put simply, once a bank is served with a Notice of Garnishment it is required to seize any funds the . . . [more]
The title being a snippet of the Irish Proverb: “May you have the hindsight to know where you’ve been, the foresight to know where you are going, and the insight to know when you have gone too far.” Why that title? Well on Monday of this week it was the 17th, better known as St. Patrick’s Day. We all know St. Paddy’s Day (anyone else notice the push back at “St. Patty’s” day this year that I have not noticed previously?) is named after Saint Patrick who reputedly led the snakes out of Ireland and we all know the festivities . . . [more]