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CBA Influence | March 2018

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Broadening our influence

The CBA’s Policy 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.

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Help wanted: Leaders like you

You’ve been honing your skills – in leadership, judgment, assessing complex legal issues. You want new challenges.  Want to be Information Commissioner? Sit on an Immigration and Refugee Board – or maybe the Parole Board? How about a seat on the Federal Court bench? Well step right up – those positions and more are open, all you need to do is apply. Check out federal appointment opportunities and open positions on the bench. The government considers bilingual proficiency and diversity in filling these positions. Are they looking for you?

Fly me to the moon, but don’t tax me for it retroactively

The Canada Revenue Agency is considering a change to its administrative policies on how to calculate the benefit of private use of corporate aircraft. The CBA’s Taxation Law Section is worried this change might be applied retroactive to 2012, when the last interpretation bulletin on the matter was cancelled.

National Security Bill C-59 is better than the bill that came before – but not perfect

The Liberals’ national security bill, C-59, clears up some of the problems of the previous government’s controversial Bill C-51. But while the CBA is pleased with much in the new bill, there remains much to be corrected.

Cannabis Working Group comments on proposed regulations

The Cannabis Working Group comments on proposed regulations for the implementation of the Cannabis Act when it comes into force this July. The consultation document focuses on licences, security clearances, tracking and reporting, products, packaging and labelling, medical use and health products.

A short-handed Tribunal short-changes Canada’s trade obligations

The Canadian International Trade Tribunal can have 12 members, and currently has, effectively, three. Those numbers add up to a body that can’t perform its statutory duties, the CBA says.

Principles for confidentiality in IP hearings

In response to the Federal Court’s draft report on confidentiality orders, the CBA’s IP Section offers up its own set of principles for establishing best practices.

Extrapolating the decision in Green to other limited partnership cases

Tax Court decision made to avoid an inappropriate result could lead to its own inappropriate results, says the Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada.

Proposed MAID regulations open door to self-incrimination for practitioners

Regulations proposed for monitoring the implementation of the Medical Assistance in Dying Act could require practitioners to disclose information that could be self-incriminating in a criminal or civil proceeding.

Strict timetables are good, a little leeway is better

A timetable checklist proposed by the Federal Court for Patented Medicine (Notice of Compliance) proceedings is a good idea, but a smidge rigid, says the IP Section.

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.