UTGB Vol 5.pdf - Robson Hall Faculty of Law

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232 Underneath the Golden Boy except Ontario. Manitoba implemented the instrument in 2005 as Rule 2005 21 (Section 149.1 of the Securities A.ct). 47 This rule is a temporary measure that facilitates the functioning of the passport system to the extent that is possible without actually making changes to the existing legislation. The Act is the next step in the passport system process by amending, repealing, and creating new sections in the Securities Act. A. First Reading The Minister of Finance, Greg Selinger, introduced Bill17 at the same time as Bill 16, The Corporations Amendment Act. 48 Mr. Selinger stated the purpose of the legislation was to "strengthen and improve investor rights and to enhance access to capital markets across Canada.' 49 As Bill 17 was being introduced as a requirement of the passport system established by the ProvincialTerritorial Security Initiative, Mr. Selinger stated the bill had "been done in consultation with securities industry stakeholders, as well as other ministers across the country." 50 As the bill is non controversial and non partisan, the motion was adopted with no further commentary or questions. B. Second Reading Bill 17 was introduced into the Legislative Assembly for second reading on 24 November 2005. Mr. Selinger went into further detail about the bill, mentioning 1hat it was created as part of an overhaul of national securities legislation to "harmonize securities law requirements across Canada to make it easier to do business here and across Canada." 51 He stated that the passport system requires the delegation of regulatory powers to other provinces and the acceptance of other provinces' regulatory powers. Mr. Selinger discussed how the bill would enhance investor protection by making "it easier for investors to take court action [against] a public company that makes misrepresentations in written or oral statements or fails to make timely disclosure of material changes." 52 The bill was also touted as giving: gov.mb.ca/legal_docs/legislation/rules/ll_lOlfl.pdf>. This is one example of a consent form generated as a result of the agreement. 47 Multilateral Instrument 11101 Principal Regulator System, M.S.C. Rule 2005-21 (19 September 2005), online: Manitoba Securities Commission . 48 Bill16, The Corporations Amendment Act, 4th Sess., 38ch Leg., Manitoba, 2006. 49 Supra note 45. 50 Ibid. 51 Manitoba, Legislative Assembly, Debates and Proceedings, Vol. LVII No. 19B (24 November 2005) at 687 (Greg Selinger). 52 Ibid.
[l]nvestors new statutory rights when they buy securities relying on an offering memorandum allowing investors have their money returned or to sue for damages when the offering memorandum contains misrepresentations. 5 3 Mr. Selinger also mentioned that more powers need to be granted to the Securities Commission to more accurately enforce securities laws and that Bill 17 would address this concern. The last main point of the bill covered by Mr. Selinger was the increase of the maximum fine for breaches of the Securities Act to $5 million from the present $1 million. Debate on the second reading continued on 7 December 2005. David Faurschou, the MLA for Portage la Prairie, said he was happy to see amendments proceed that would benefit all investors, "[R]egardless of whether the investment is made in the rural [area] of Manitoba or the city of Winnipeg or other cities throughout the province." 54 Mr. Faurschou recognized that Manitobans would like to invest elsewhere in the nation and would want: [T]o have legislation that will provide the needed assurances that the corporations to which they are investing in are, in fact, legitimate and that the prospectus that has been provided for review prior to investment is in keeping with accurate figures and conforms to the business activity that the company is engaged in. 55 Mr. Faurschou concluded his comments by stating his support for Bill 17, and noting that he wanted to see the bill receive second reading so that it could go on to committee, which would provide an opportunity for public comment. C. Legislative Affairs Committee Bill 17 headed into committee on 24 May 2006, and with most of the groundwork laid by the Provindal..Territorial Securities Initiative, the bill's progression through the committee was a quick one. Interested parties, such as investor groups, securities commissions and public corporations had already been involved in expressing their opinions and therefore there was no public discussion. The bill was read clause by clause with no adjustments. Though there were questions about the bill, no changes were made. This was because members accepted the bill was part of a Canada..wide provincial agreement to harmonize securities laws. D. Third Reading Third reading and Royal Assent were given on 13 June 2006. 53 Ibid. 54 Manitoba, Legislative Assembly, Debates and Proceedings, Vol. LVII No. 26 (7 December 2005) at 998 (David Faurschou). 55 Ibid.
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Underneath the Golden Boy Volume V
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Underneath the Golden Boy contents
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Introduction Academic commentary in
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Fixed Date Elections BRYAN SCHWARTz
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• Stockwell Day was elected leade
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date and provide for elections ever
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The Constitution Act, 1982 32 and t
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No one really supposes that there i
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duration without infringing on the
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14 Underneath the Golden Boy comple
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16 Underneath the Golden Boy scanda
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18 Underneath the Golden Boy might
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20 Underneath the Golden Boy of che
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24 Underneath the Golden Boy though
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26 Underneath the Golden Boy public
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28 Underneath the Golden Boy Simila
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30 Underneath the Golden Boy III. A
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32 Underneath the Golden Boy Cabine
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34 Underneath the Golden Boy with i
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36 Underneath the Golden Boy A. The
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38 Underneath the Golden Boy D. Inc
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40 Underneath the Golden Boy the sc
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42 Underneath the Golden Boy It fol
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44 Underneath the Golden Boy its pl
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46 Underneath the Golden Boy Minist
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Employment Standards that Work for
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I. lN1RODUCTION We commend the Mani
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• The need for employment equity
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The Supreme Court of Canada has sai
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To be clear, those most in need of
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When asked about their decision to
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dealing with inequality of bargaini
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.c.mptoyment .)Umaaras mat worK. JO
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Averaging agreements are often soug
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B. Exclusions from the Code The Dis
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a 1995 employment standards decisio
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unjustified breach of the agricultu
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other important matters relating to
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entitled to at least one week per y
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that such deductions can never be p
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that their initial experiences with
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A growing portion of the labour for
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Response to Consultation Paper on F
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protects individuals, already has a
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Pizza Ltd., 18 demonstrated that fr
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assets are often at risk through th
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over its investment as the determin
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no later than 60 days after receivi
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franchisee's decision to purchase w
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franchisor's legal history. However
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------------------ ·---- the other
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time, including a wrap will allow f
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during and after the term of this a
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selection documents from the defini
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Section 11 of the Regulations Made
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itter experience for all concerned.
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This decision is of particular impo
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A right of action should also be gr
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easonable time to remedy the breach
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different renewal provisions in sev
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Iowa and allow non renewal only whe
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training; (3) the section in a subs
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Although implementing a regulatory
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contains numerous lawsuits commence
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agreement was that disputes should
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in the regulations, the ULCC create
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for appointing the mediator; place
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Disclosure)2000, P.E.I!sFranchises
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In contrast to all Canadian franchi
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adopting franchise legislation, Man
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Manitoba should require a tran.clh,
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5. Exemptions: • Is the ability t
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1-'1--'1- Underneath the uolden boy
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146 Underneath the Golden Boy II. B
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148 Underneath the Golden Boy enact
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150 Underneath the Golden Boy that
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152 Underneath the Golden Boy even
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154 Underneath the Golden Boy weari
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156 Underneath the Golden Boy has f
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158 Underneath the Golden Boy and C
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And Justice for All-Bill 47, The Le
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law. In principle legal aid dates b
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such groups. 18 After the opening o
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addressed the cutbacks that had bee
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incorporating greater detail into h
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:t HC LtgUl UU ;JC I V'CtJ ;JOC LJ
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4. Legal Aid Lawyers' Association -
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The committee examined and passed e
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implementation of a change and/or a
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Mr. Currie has concluded that quali
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Page 201 and 202: A Prescription in the Public Intere
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Page 205 and 206: or prevailing practice. The likely
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Page 209 and 210: treat someone with bipolar depressi
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Page 215 and 216: V. CRITIQUES OF BILL 207 Finding ef
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Page 223 and 224: Appendix: Private Members' Public B
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Page 257 and 258: Bill 7, The Architects and Engineer
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Page 277 and 278: Bill 207, The Personal Information
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Page 281 and 282: C. History in the Legislature The b
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.. , u:; .1. t:, wrt'u mrorman:on r
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e subject to both pieces of legisla
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J.rtt: r ·• muu mrormatzon rro1:
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that time. 91 The review process is
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at "fine,tuning" PIPEDA to harmoniz
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Bill Title Sponsor Type Notee¥ H.B
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Bill Title Sponsor Type Notedl RB.
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Bill Title Sponsor Type Notecf H.B.
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BiD Title Sponsor Type Notedl H.B.z
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Bill No. Title Sponsor Type Notecfl
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Bills Passed in the 4th Session of
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Bill Title Sponsor Type Noted'- H.B
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Bill Title Sponsor Type Noted 1 H.B
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BiD Title Sponsor Type Noted H.B. 2
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Bill Title Sponsor Type Noted H.B.
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Bill No. Title Sponsor Type Notecf
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AppendixC Bills Passed in the 5th S
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Bill No. Tidel Sponsor Type Note£1
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Bill Tide 1 Sponsor Type Note" H.B.
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Bill Tide'- Sponsor Type Noteif H.B
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Bill Tide 1 Sponsor Type Noted - H.
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Dlll !ttle' Sponsor Type Note& H.B!
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