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Archive for ‘Substantive Law: Legislation’

Welcome to 2018 With New Employment and Labour Law Rules and Obligations Across Canada

Welcome to 2018 and a load of new employment and labour law rules and obligations across Canada.

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance. . . . [more]

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

Regulating Proportionality in Civil Litigation

The rules of civil procedure in Manitoba are about to undergo significant changes. Amendments to the Court of Queen’s Bench Rules, effective January 1, 2018, will introduce an overarching requirement that the Court considers proportionality in making orders and directions under those Rules.

A new Practice Direction outlines the breadth of the changes about to come into force in respect of case management of civil proceedings, scheduling of trials, use of judicially assisted dispute resolution and summary judgment proceedings.

The Practice Direction describes the objectives underlying all the changes as follows:

Animating the comprehensive amendments to the Court of

. . . [more]
Posted in: Justice Issues, Substantive Law: Legislation

Agencies, Boards and Commissions

It is fascinating to recognize that you can get fired by legislation. OK, that is over-dramatic, but I got your attention. About legislation. During the busy holiday season. #DIGJAM

In Alberta there has been an ongoing review of public Agencies, Boards, and Commissions. Read more if you are curious at the Public Agency Secretariat. The secretariat promotes a consistent approach to public agency governance, recruitment and compensation.

On December 15, the Alberta legislature wrapped up the session and Bill 21 Agencies, Boards and Commissions Review Statutes Amendment Act, 2017 was assented to. In what will no doubt baffle legal . . . [more]

Posted in: Substantive Law: Legislation

Privacy Commissioner of Canada on Genetic Testing

Molecular medicine and medical genetics are at the forefront of new and emerging health technologies. With these new techniques and discoveries come new challenges for the law, especially on the privacy front.

Earlier this year, I referenced Bills S-201 and 127 as legislative examples of society attempting to prevent the misuse of genetic information. In particular, there is a concern that incomplete knowledge or understanding of genetic predispositions, and still evolving understandings of how multiple genomes interact with each other, could result in logically skewed and flawed conclusions about employees or the insured, and result in a form of unwarranted . . . [more]

Posted in: Substantive Law: Legislation

Glance at Labour Relations Act Requirements Under Ontario Bill 148

On November 27, 2017, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) received royal assent and is now law. Bill 148 makes significant amendments to the Labour Relations Act, 1995 and are designed to make it easier for unions to obtain collective bargaining certificates in the private sector. Although these changes were originally scheduled to come into force six months after Bill 148 received royal assent, they will now come into force on January 1, 2018. Significant changes to the LRA include: . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

A Glance at ESA and OHSA Requirements Under Bill 148 With Implementation Dates

On November 27, 2017, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) received royal assent and is now law. Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and the Occupational Health and Safety Act. The amendments are significant and have various implementation dates. This article deals with providing a timeline for provisions in force from the date of assent to January 1, 2019 under Ontario’s Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Changes to the Labour Relations Act, 1995 will be dealt with in . . . [more]

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

Ontario Bill 148 Updating Employment and Labour Legislation Passed

Blog post updated on November 23, 2017 after publication

On November 22, 2017, an amended version of Bill 148, Fair Workplaces, Better Jobs Act, 2017 received third reading and passed. It is now waiting for royal assent to become law. Once it receives assent, the Bill will become law and amend significantly the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995 (“LRA”). . . . [more]

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

Protection From Age Discrimination in Alberta

Last week the Alberta Human Rights Amendment Act, 2017 passed 3rd reading. On Royal Assent it will change the law so that as of January 1, 2018, age is a protected ground of discrimination relating to goods, services, accommodation or facilities and tenancy. Exceptions remain and I encourage you to read the Alberta Human Rights Commission bulletin for interesting details and a summary of the amendments.

CBC covered the story that led to the amendments – a Queen’s Bench application by the Elder Advocates of Alberta Society that was granted by Belzil, J. on January 6, 2017.

It is interesting . . . [more]

Posted in: Substantive Law: Legislation

Strengthening the Prevention of Workplace Violence and Harassment

Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, introduced on November 7, 2017, by the Minister of Employment, Workforce Development and Labour, Patty Hajdu, seeks to amend both the Canada Labour Code and the Parliamentary Employment and Staff Relations Act to, according to the federal government, replace the patchwork of laws and policies that address violence and harassment within the federal jurisdiction, putting into place one comprehensive approach that takes the full spectrum of harassment and violence into consideration. . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario’s Cannabis Legislation Tabled in Legislature

On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, which would, if enacted, create the Cannabis Act, 2017 to provide the provincial framework for the upcoming federal Bill C-45, Cannabis Act that will legalize cannabis in Canada in July 1, 2018. . . . [more]

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

Who Dunnit? Artificial Intelligence and Unauthorized Practice

OK, I’m going to talk about AI and unauthorized practice in just a second, but first…

Who can resist those stories with the teen genius? The wunderkind trope. That Dutch teen with the Boomy McBoomface contraption setting out to heal our polluted oceans. That Mark Zuckerberg fella circa 2004, with the other face thingy.

Who is not in awe of an uncalloused mind lit by bedazzling precociousness and disarmingly naive ambition?

Take Joshua Browder, for instance. He’s surely that kid—our teen wonder—for legal automation. He taught himself to code at age 12 and first came to glory two years . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice, Substantive Law: Legislation, Technology: Internet