Current Issue

CBA Influence | November 2017


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Broadening our influence

The CBA’s Legislation and Law Reform Committee and member volunteers stay busy all year speaking to governments, courts and regulators on your behalf. And we’d like you to know more about it. This monthly newsletter features a compendium of blog posts about recent CBA initiatives, and status reports on proposed federal legislation, regulatory changes and government consultations.

Send comments to lawreform@cba.org.

Submissions


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DRAFT LEGISLATION ON BILLED-BASIS ACCOUNTING: THANKS FOR THIS, DON’T FORGET THAT…

The government introduced draft legislation in September to implement the changes announced in this year’s budget to limit the use of billed-basis accounting. The CBA was pleased to see that its recommendation for a longer implementation period was heeded. But access to justice issues remain. Read on.

TAX LAWS’ TERRIBLE TOOS: CHANGES TOO COMPLEX, CONSULTATION TOO SHORT

The CBA-CPA Canada Joint Tax Committee has created three separate submissions dealing with the government’s proposal to close “tax loopholes” dealing with private corporations. The submissions, dealing with technical aspects of the law, recommend an advisory panel be created to properly study what amounts to a major shift in tax policy – and perhaps a solution without a problem. Read on for more.

CANNABIS CONUNDRUM: IF IT’S LEGAL, WHY TREAT IT LIKE THE DEMON WEED?

For a government that campaigned on its plan to legalize marijuana, it sure seems bent on continuing to treat the potent herb like the demon weed many continue to believe that it is. The Criminal Justice Section points out a number of problems with the government’s “limited approach” to legalization. Read on.

PRIVACY AT THE BORDER: IS A SMARTPHONE MORE LIKE A LETTER OR A BRIEFCASE?

The Jetsons might have accurately predicted the smartphone, but the law sure didn’t. And that creates problems for lawyers and others crossing the border with a smartphone or another electronic device chock full of information, some of it protected by privilege. Read on.

AIR TRAVEL AND A BID TO MODERNIZE THE COMPETITION ACT

A bill that would modernize parts of the Canada Transportation Act and relevant portions of other Acts is making its way through the House of Commons. This submission from the CBA Competition Law Section focuses on the parts dealing with airline competition. Read on.

MODERNIZING AIR TRANSPORTATION: TARIFFS, COMPLAINTS AND THE DEFINITION OF CANADIAN

The Air and Space Law Section comments on the Canadian Transportation Agency’s Discussion Paper on Regulatory Modernization for Air Transportation.  It makes 16 recommendations, a number of which deal with passenger complaint mechanisms. Read on.

ONCE MORE UNTO THE BREACH REGULATIONS

Who needs to tell you what and when and how in the event of a data breach? That’s one of the things the federal government is trying to figure out. The CBA’s Privacy and Access Law Section comments on draft regulations published this fall. Read on.

HARMONIZE PENSION PLAN REGULATIONS FOR EFFICIENCY, SAYS PENSION SECTION

Harmonization is key to facilitating an effective and efficient pension regulatory system, says the CBA Pensions and Benefits Section in its comments on the OSFI’s revised draft derivatives guideline for federally regulated pension plans. Read on for more.

GSS REPORT CARD: A SOLID B, WITH SOME AREAS NEEDING IMPROVEMENT

The federal government launched its Global Skills Strategy four months ago with a promise to “make it easier for Canadian businesses to attract the talent they need to succeed in the global marketplace.” The Immigration Law Section offers up a first-term report card. Read on.

PUBLIC POLICY AND ADVOCACY


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IT’S TIME TO BE RESOLVED

The next CBA AGM is coming up in February, so if your Branch, Committee or Section is interested in submitting resolutions, we’re interested in hearing about them. This is your opportunity to influence CBA policy. The deadline for resolutions is Dec. 7. Find the submission form online.

CLASS ACTIONS TASK FORCE: YOUR OPINION PLEASE

The CBA’s National Class Actions Task Force is consulting about a proposed case management judicial protocol for multijurisdictional class actions. The deadline for submissions is 17 November 2017. Learn more.

SOMETHING’S GOTTA GIVE WHEN RESOURCES DON’T GROW WITH WORKLOAD

The number of immigrants to Canada keeps rising, but resources are not keeping pace – especially not funding for immigration and legal aid services. The Immigration Law Section says it’s time the money matched the message. Read on.

REPOSITORY FOR UNCLAIMED PENSION ENTITLEMENTS A GOOD IDEA

The Bank of Canada has a repository for all the money Canadians leave lying around in forgotten bank accounts. The CBA’s Pension Law Section says it might be a good idea to create a similar repository for unclaimed pension monies. Read on.

END-OF-LIFE WORKING GROUP PROVIDES INPUT ON MAID

The Expert Panel studying outstanding issues in the Medical Assistance in Dying law has asked for help from the CBA Working Group. The Working Group has compiled CBA policies and background and sent it along for consideration. Read on.

COURT CHALLENGES PROGRAM MOVING AHEAD

The Department of Canadian Heritage is seeking applications from people willing to serve as members of one of the two independent expert panels for the Court Challenges Program – one for official language rights and one for human rights. Panellists will be responsible for making decisions on funding test cases of national significance. Read more.

 

Focus on Parliament


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CBA Focus on Parliament is a regular compendium of federal government bills, draft regulations, selected private members’ bills and other government initiatives.