Part C, Annex 1 – National Sections Terms of Reference and Membership Criteria

Aboriginal Law

This Section deals with law and practice of Aboriginal law including federal and provincial legislation relating to aboriginal people; aboriginal and treaty rights including native land claims; constitutional reform; administration of justice; traditional aboriginal law and selected matters. 

Administrative Law

This Section deals with legislation conferring judicial or rulemaking powers upon any public official and the administration thereof; the jurisdiction, procedure and organization of administrative tribunals and the practice of lawyers before those tribunals; the organization of government insofar as it affects the foregoing or the practice of lawyers; judicial review of the exercise of administrative powers. 

Air and Space Law

This Section deals with law and practice affecting the ownership or operation of aircraft and matters related thereto and other matters of significance to lawyers handling air law problems. 

Alternative Dispute Resolution

This Section deals with the practice and promotion of various forms of alternative dispute resolution including but not limited to arbitration, collaborative law, facilitation and mediation. 

Business Law

This Section deals with law and practice affecting business, commerce, trade, mercantile pursuits and banking. 

Canadian Corporate Counsel Association (CCCA)

The Canadian Corporate Counsel Association Section (CCCA):

  • provides a national forum for corporate counsel (including lawyers engaged in practice in corporations, business enterprises, associations, institutions, not-for-profit organizations, government or regulatory boards or agencies, Crown corporations or regional or municipal corporations) to develop their professional skills and careers as corporate counsel;
  • promotes a better understanding of and appreciation for the professional role and function of corporate counsel; • provides products and services to support members in their role as corporate counsel; • facilitates networking between members
  • sponsors and endorses seminars and other meetings, produce publications, and promote communications that advance the continuing professional development of corporate counsel;
  • works with other Sections and Committees of the CBA on matters of mutual concern;
  • liaises with corporate counsel organizations in other jurisdictions; • promotes CCCA and CBA membership; and
  • engages in activities incidental to these purposes, except as restricted by the Bylaws, Regulations or any agreement between CCCA and CBA.

Membership in the CCCA Section

  1. Regular Members
    An Active (Regular) Member of the CBA who:
    1. does not hold out herself or himself to the public for the practice of law; and
    2. is engaged by any corporation, business enterprise, association, institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation; or
    3. is currently unemployed but has in the preceding 12 months been employed by a corporation, business enterprise, association institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation
    is eligible to be a regular member of the CCCA Section (Regular Member).
  2. Associate Members
    A member of the CBA who is not eligible to be a Regular Member of the CCCA Section is eligible to be an associate member of the CCCA Section (Associate Member).
  3. Rights of Membership
    1. Regular Members have the right to attend all meetings of the CCCA Section, to have a deliberative voice therein, to vote, to hold office and to propose and second resolutions.
    2. Associate Members have the right to attend all meetings of the CCCA Section, and shall have a deliberative voice therein, but shall not have the rights to vote, to hold office, or to propose or second resolutions, except as otherwise provided in this Regulation.

Charities and Not-for-Profit Law

This Section deals with law and practice relating to the regulation and administration of charities and non-profit organizations.

Child and Youth Law

This Section coordinates and delivers professional development activities, advises, and responds to law, policy and legal research developments on matters affecting Canadian children and youth in all legal disciplines. The Section aims to increase awareness in the legal profession of the rights of children and youth and the impact of legal issues and challenges on their lives.  (Board; 8 Mar 2018)

Civil Litigation

This Section deals with

  • matters of substantive law, not of a criminal nature, and not within the work of another Section;
  • the administration of civil justice in all the courts of Canada with particular reference to the jurisdiction, procedure and organization of the courts; and
  • the practice of lawyers before the courts.

Commodity Tax, Customs and Trade

This Section deals with law and practice related to commodity tax, customs and trade remedy matters including, but not limited to, the goods and services or harmonized sales tax, provincial sales taxes, excise taxes, North American Free Trade Agreement, customs duties, valuation, tariff classification, rules of origin, procurement, trade remedies, import/export controls and related matters. Activities include consultation with Finance Canada, the Canada Revenue Agency, the Canada Border Services Agency, involvement in the Federal Court/Tax Court review process and Bench and Bar Committees with the Tax Court and Canadian International Trade Tribunal, as well as activities to promote the objects of the Association in this area of law.

Competition Law

This Section promotes the objects of the Association in the field of competition law and foreign investment review. The specific purposes of the Section are to:

  • provide Association members with information on current legal developments in the competition and foreign investment review fields domestically and internationally;
  • promote a greater awareness and understanding among members of the Association, the judiciary and the Canadian public of legal and policy issues relating to competition law and foreign investment review;
  • promote ongoing consultation with the Competition Bureau, Justice Canada, the Competition Tribunal, the Investment Review Branch of Innovation, Science and Economic Development Canada, and Heritage Canada on issues relating to the administration of the Competition Act and the Investment Canada Act and on current and proposed enforcement policies and practices in relation to such legislation;
  • contribute to the review of competition and foreign investment review legislation; and,
  • foster relations in foreign jurisdictions with the legal profession and others interested in international competition law and policy issues or foreign investment review, and promote cooperative educational efforts.

Constitutional and Human Rights Law

This Section examines all constitutional and human rights law issues, including division of legislative powers, judicial review of the Constitution, constitutional reform, the Canadian Charter of Rights and Freedoms, human rights codes and international human rights law. 

Construction and Infrastructure Law

This Section examines law and practice relating to legal issues relevant to the construction industry, including infrastructure and construction project procurement, negotiation and conclusion of contracts, bonding and insurance, claims, arbitration and litigation

Criminal Justice

This Section examines the practice of law related to the enforcement and administration of criminal law. The Section monitors and evaluates:

  • federal and provincial legislation creating offences and crimes;
  • the establishment, jurisdiction, procedure and organization of, and the practice of lawyers before, criminal courts in Canada; and
  • any other matters relating to or impacting on the administration of the criminal justice system.

Elder Law

This Section deals with law and practice relating to the elderly, and education to promote a greater awareness of the needs of the elderly. 

Entertainment, Media and Communications Law

This Section deals with law and practice related to the media (including freedom of expression, advertising, film production and distribution, and broadcasting regulation), regulatory and other issues relating to the telecommunications industry, and art and cultural property issues in Canada. Where there is an overlap of interests on these matters, the Section works in consultation with other Sections. 

Environmental, Energy and Resources Law

This Section deals with matters of legal reform, legal education and management relating to the environment, energy and natural resources. 

Family Law

This Section addresses substantive and practice issues in family law and promotes the fair, effective and efficient resolution of family matters.

French Speaking Common Law Members

This Section:

  • Promotes and defends the values of bilingualism and bijuralism in the CBA as a whole;
  • Keeps abreast of matters pertaining to the practice of common law in French, access to justice in French and developments in language rights in relation to the administration of justice;
  • Provides strategic advice to CBA decision-making bodies on advocacy to advance the practice of common law in French, access to justice in French, and language rights in the administration of justice;
  • Maintains ongoing and effective relationships, and forms partnerships and alliances as needed, to advance the practice of common law in French, access to justice in French and language rights in relation to the administration of justice, with the following stakeholders:
    • CBA branches, particularly the Quebec Branch
    • Provincial and territorial law societies
    • The Fédération des associations de juristes d’expression française de common law and its member associations
    • Federal, provincial and territorial government departments whose mandate relates to justice, official languages and La Francophonie
    • Law schools
    • The Réseau national de formation en justice and its member organizations
    • Legal information centres for Francophone communities in a minority setting
    • Other groups or organizations that may support the Section to attain its mandate;
  • Promotes and raises awareness in the legal profession and the general public, on progress and challenges in the practice of common law in French and access to justice in French, and on developments in language rights;
  • Works with CBA departments to ensure the CBA offers a full range of services that meet the needs of French-speaking common law members, particularly professional development and information resources.  (Board; 8 Mar 2018)

Membership in the French Speaking Common Law Members Section

  1. Any French speaking member in good standing of the Association who practises common law is eligible to become a member of the Section. Any other member in good standing of the Association may be an associate member of the Section.
  2. Associate members have the right to attend meetings of the Section, to participate in Section activities, and to have a deliberative voice therein, but do not have the right to vote, to hold office, or to propose and second resolutions.

Health Law

This Section deals with any aspect of the law relating to health care, institutions and professions. 

Immigration Law

This Section deals with law and policy related to immigration, citizenship and protected persons. The Section's mandate is:

  • to maintain a dialogue with institutions and organizations working on related issues (stakeholders);
  • to provide a forum for the discussion of immigration legislation and proposed changes;
  • to raise legal and policy concerns in immigration enforcement and administration in appropriate venues;
  • to conduct professional development seminars; and
  • to enhance the professionalism and reputation of Section members.

Stakeholders include judicial agencies, government departments, businesses and members of the public concerned with immigration, protected person and citizenship law and policy.

Insolvency Law

This Section deals with law and practice related to bankruptcy, receivership and restructuring and provides a forum for those practicing in this area of law to share and enhance professional skills in a collegial environment. Objectives include contributing to excellence in the administration of insolvency proceedings and advocating for bankruptcy reform as well as providing professional development related to this area of law. 

Insurance Law

This Section deals with law and practice affecting all matters relating to insurance. 

Intellectual Property

This Section deals with law and practice relating to all forms of ownership, licensing, transfer and protection of intellectual property and related property rights, including patents, trademarks, copyright, industrial designs, plant breeders' rights, as well as trade secrets. 

International Law

This Section deals with any aspect of international law, its development and application in domestic law that is of special interest to Canada, such as international environmental law, the action of United Nations and other international organizations in the field of international law, international legal conventions, international economic law and international trade and business transactions. 

Judges

This Section:

  • promotes the views and interests of judges;
  • provides a means for judges' participation in the Association that respects judicial independence;
  • provides a forum for the exchange of information and ideas amongst judges of all courts of record, and between judges and members of the bar;
  • develops member services relevant to judges.

Membership in the Judges Section

  1. Any member in good standing of the Association who is a judge of any court of record in Canada is a member of the Section.

Labour and Employment Law

This Section deals with law and practice affecting labourmanagement relations and trade unions and their members; jurisdiction, procedure and organization of boards and tribunals dealing with labour-management relations, employment standards and the like; the establishment of and appointments to those boards and the practice of lawyers before the boards; principles and practice relating to collective agreements; and arbitration of labour disputes. 

Law Students

This Section promotes the interests of law students in the Association by:

  • promoting and maintaining membership of law students and articling students in the Association;
  • affording opportunities to exchange professional ideas among articling students and law students from all law schools across Canada;
  • sponsoring programs of particular interest to law students and articling students to advance their professional education and welfare;
  • studying issues of particular interest to law students and articling students;
  • raising awareness and advancing the interests of Canadian law students and articling students; and
  • participating in the activities of the Association.

Membership in the Law Students Section

Any student member in good standing of the Association is a member of the Section.

Maritime Law

This Section deals with law and practice of provincial, national and international nature, affecting shipping and matters relating to shipping, the establishment, jurisdiction, procedure and organization of Canadian admiralty courts, and practice of lawyers before those courts. 

Military Law

This Section deals with military law, including the military system of justice and operational law, as well as uniquely military aspects of substantive bodies of law practiced by civilians such as criminal law, tort law, intellectual property, employment and human rights law, air law, maritime law and international law. 

Municipal Law

This Section deals with law and practice affecting municipal corporations and their municipal activities including taxation and rating; the effect of municipal activities on the public; the establishment, jurisdiction, procedure and organization of municipal quasi-judicial tribunals, and the practice of lawyers before them; law and practice of land use control and town planning. 

Pensions and Benefits Law

This Section promotes and undertakes research, facilitates the exchange of information and ideas, organizes seminars, reviews developing legislation, standards and policy and promotes harmonization, and advocates for reform on pensions and benefits law, standards, and policy, and related matters. 

Privacy and Access Law

This Section deals with domestic and international law, policy and education related to privacy and access to information. Where there is an overlap of interests concerning privacy or access to information matters, the Section works in consultation and communication with other Sections. 

Public Sector Lawyers

This Section addresses the needs and concerns of Association members employed as lawyers at various levels of government or in public sector agencies.

The Section:

  • provides mechanisms for public sector lawyers to exchange information and ideas;
  • serves as a national network to enable public sector lawyers to connect on shared issues;
  • advances the understanding of the roles played by public sector lawyers;
  • raises the profile of its members by ensuring public sector lawyers' interests are represented in the Association;
  • brings to the Association the unique perspective of practising law in a government setting;
  • serves as the national voice of public sector lawyers in the activities of the Section and the Association;
  • promotes networking and delivery of programs through its Branch Sections.

Real Property

This Section is concerned with the issues inherent in the ownership, devise, mortgage, lien, use, lease and other dealings with real property, including estates, uses, trusts and settlements, perpetuities, fixtures, titles, workers and mechanics liens, leaseholds, mortgages, easements and licenses, planning legislation and restrictions on use, realty taxes, registration and land titles systems, vendor and purchaser, ecological control of land and financing problems on real property security. 

Sexual Orientation and Gender Identity Community

This Section:

  • addresses the needs and concerns of lesbian, gay, bisexual, transgendered and two-spirited members within the Association;
  • provides a forum for the exchange of information, ideas and action on legal issues relating to sexual orientation and gender identity;
  • encourages lesbian, gay, bisexual, transgendered and two-spirited lawyers to actively participate in the work of the Association;
  • develops and provides professional development programs on legal issues relating to sexual orientation and gender identity;
  • develops member services relevant to lesbian, gay, bisexual, transgendered and two-spirited members of the Association.

Small, Solo and General Practice

This Section is a forum for members in general practice, solo practice and small firm practice. Its objectives are:

  • to recognize the role of the general practitioner, solo practitioner and small firm practitioner, and promote policies that enhance their effectiveness;
  • to promote the participation of the general practitioner, solo practitioner and small firm practitioner in the Association;
  • to organize professional activities and programs of interest to the general practitioner, solo practitioner and small firm practitioner, including the business of the practice of law, economics and efficiencies of practice, quality of life, and the public’s perceptions of the capacity and worth of general practitioners, solo practitioners and small firm practitioners;
  • to act as the national voice of general practitioners, solo practitioners and small-firm practitioners in the framework of the regular activities of the Section and the Association.

Taxation Law

This Section deals with federal and provincial legislation imposing taxes or duties and the practice under that legislation; the establishment, jurisdiction, procedure and organization of special courts and tribunals relating to taxes and duties, and the practice of lawyers before those courts and tribunals. 

Wills, Estates and Trusts

This Section deals with law and practice relating to wills, trusts, estates planning and administration, and adult mental incapacity including:

  • related tax matters;
  • related contentious and litigious issues;
  • establishment, jurisdiction, procedure, organization, and administration of courts dealing with these matters; and
  • practice of lawyers before these courts. 

Women Lawyers Forum

This Section addresses the need for short and long term programs, plans and systems to promote and enhance the stature and influence of women in the legal profession. 

Young Lawyers

This Section promotes the interests of young lawyers and Quebec notaries in the Association by:

  • playing a leadership role in the governance of the Association;
  • promoting and maintaining membership of young lawyers and Quebec notaries in the Association;
  • affording opportunities to exchange professional ideas among lawyers and Quebec notaries of similar age or experience;
  • sponsoring programs of particular interest to young lawyers and Quebec notaries across Canada to advance their professional education and welfare;
  • studying issues of particular interest to young lawyers and Quebec notaries; and
  • participating in the activities of the Association.

Membership in the Young Lawyers Section

  1. Any member in good standing of the Association who is:
    1. not more than 10 years at the bar; or
    2. not older than 40 years of age; is eligible to be a member of the Section.
  2. Any Student member in good standing of the Association is eligible to be an associate member of the Section. Associate members have the right to attend all meetings of the Section and to have a deliberative voice therein, but do not have the rights to vote, to hold office, or to move and second resolutions.