At the end of my previous post on the application of the E-Commerce Act to land transactions, I mentioned ‘measures that might be useful to ensure that the change does not increase the risk of real estate fraud’. (None of this affects the *registration* of land transfers by electronic means.)

I have recently had drawn to my attention a set of technical specification for electronic signatures in land transactions adopted by OACIQ, the Quebec governing body for real estate brokers (the equivalent of the Real Estate Council in Ontario and some other jurisdictions). These are very detailed, though in principle . . . [more]

On June 26, 2013, private member's Bill 304, An Act to amend the Canadian Human Rights Act (protecting freedom) to repeal Section 13 from the Canadian Human Rights Act to ensure the Act doesn’t infringe on the freedom of expression guaranteed by the Canadian Charter of Rights and Freedoms received royal assent.

Effective July 1, 2013 and for a ten-year period ending June 30, 2023, the Retail Sales Tax in Manitoba increases from 7% to 8%.

The change was announced in the 2013 Provincial Budget and requires amendment to The Retail Sales Tax Act. Those amendments were introduced April 17, 2013 as part of Bill 20, The Manitoba Building and Renewal Funding and Fiscal Management Act. The Bill, which has proven controversial for the majority government, has passed Second Reading and is now in Committee stage.

The Transitional Rules relating to services provided by billable hour, such as legal and . . . [more]

If I were to start to discuss politicians and expense scandals your mind would likely turn to events in Ottawa; however, here in Nova Scotia, we have been there, done that and so have that T-Shirt. The popular topic earlier this week was whether or not the legislature was going to be recalled in order to expel a sitting MLA. In the end that did not happen, but if it had, it would not have been the first time in Nova Scotia.

Twenty-six years ago in 1986, An Act Respecting Reasonable Limits for Membership in the House of Assembly, . . . [more]

On Monday I chaired a joint LSUC /IT-Can afternoon on IT privacy law. One of the panels was on the anti-spam act, including representatives from the CRTC and Industry Canada. While there is no clear implementation date yet, Industry Canada expects the final Industry Canada regulations will be out in late summer or early fall. When those come out, an implementation date will be announced. Industry Canada is recommending that there be an implementation delay of several months to allow business to comply, but that decision is ultimately in the government’s hands.

The legislation is very complex, with exceptions layered . . . [more]

I used to have a working VHS player and a copy of the movie Speed. Often a scene from the movie will pop into my (overactive?) mind when I am looking for legislation from my desk:

01:03:38 – Jack, what did he say?
01:03:42 – What’s the matter?
01:03:49 – There’s a gap in the freeway. – What?
01:03:53 – What do you mean? – How big is a gap?
01:03:56 – 50 feet. A couple of miles ahead.

I remember when looking for legislation at my desk was rarely a reasonable option. Today, if I can’t browse my . . . [more]

I had written previously about legislation to amend the Electronic Commerce Act to remove the exclusion on land transactions. The government’s bill to do so has now passed, as part of the budget legislation for 2013 (schedule 5).

The amendments will come into force on proclamation. The government has been talking and will continue to talk with stakeholders about measures that might be useful to ensure that the change does not increase the risks of real estate fraud. (If you have suggestions about such measures, feel free to mention them here.)

The Ontario Real Estate Association was enthusiastic about . . . [more]

It’s a big week at the Supreme Court for our professional and personal communities. As most of us are already aware, tomorrow the SCC will hear arguments in the Bedford case and will ponder the criminality of certain acts related to sex work, namely communicating for the purposes of prostitution, being found in a common bawdy house and living off the avails of prostitution.

At the heart of the decision are questions of constitutionality, specifically whether these three Criminal Code provisions violate section 2 and 7 of the Charter. Both the Government of Ontario and the Government of Canada maintain . . . [more]

Whistleblowing occurs when employees reveal corporate wrongdoing, usually in their organization, to law enforcement. Unfortunately, it is common for whistleblowers to experience demotion, dismissal and otherwise negative treatment from their employers after they disclose the malfeasance or corruption. In order to deal with this serious issue, some companies have created codes of ethics to ensure that their directors, officers and employees are aware of and adhere to standards of conduct that ensure the company performs and is represented in an honest and responsible manner. However, it is necessary for laws to exist to protect employees who feel, in good faith, it is necessary to disclose wrongdoing. In addition to provisions in the Criminal Code that aim to protect employees who make disclosures, some jurisdictions have enacted specific whistleblower laws to provide these protections in the public and private sectors. As well, workers already receive some form of protection under the local Occupational Health and Safety Act, which protects them where they seek enforcement or give evidence in respect of the enforcement of that Act. So what is the state of the law on whistleblowing?

A lawyer in my office pointed out the Samples of Bodily Substances Regulations published in the Canada Gazette Part I (proposed regulations) on June 1, 2013. This proposed regulation was drafted as part of legislative reform that was required as part of the decision in R. v. Shoker. and the related Response to the Supreme Court of Canada in R. v. Shoker Act which was assented to in March of 2011. as the Regulatory Impact Analysis Statment points out:

This Act amends the probation, conditional sentence and peace bond provisions of the Criminal Code to provide explicit authority for

. . . [more]

With 10 years of experience as Privacy Commissioner of Canada behind her, and her term reaching its end, Jennifer Stoddart has released a report titled "The Case for Reforming the Personal Information Protection and Electronic Documents Act" which describes how to modernize Canada's private-sector privacy legislation to ensure it is able to meet the current and future challenges of the digital age and protect Canadians’ right to privacy.

Division 27 of Part 4 of the federal Jobs, Growth and Long-term Prosperity Act (legislation to implement Budget 2012 measures), which received royal assent on June 29, 2012, will repeal section 13 of the Statutory Instruments Act on April 1, 2014, and remove the requirement to deliver and sell printed copies of the Canada Gazette.