UTGB Vol 5.pdf - Robson Hall Faculty of Law

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And Justice For All-Bill47, The Legal Aid Services Society of Manitoba Amendments Act JUDY EAGLE................................................................................. 161 Bill 34, The Highway Traffic Amendment Act JAMES PULLAR ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••..•••••••••••••••••. 181 Bill 207, The Medical Amendment Act THERESA VANDEAN DANYLUK............................................................ 197 Bill 17, The Securities Amendment Act JASMINDER BRAR ••••••••••••••••••••••••••..•••••..••••••••..••••••••••••••..•••••••••••••• 223 Bill 11, The Winter Heating Cost Control Act RYAN HAUK ................................................................................. 235 Bill 7, The Architects and Engineers Scope of Practice Dispute Settlement Act ALEXANDRA DUECK ........................................................................ 253 Bill 207, The Personal Information Protection and Identity Theft Prevention Act TAR/Q MUINUDDIN ......................................................................... 273 APPENDIX A: BILLS PASSED IN THE 3RO SESSION OF THE 38TH LEGISLATIVE ASSEMBLY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 293 APPENDIX B: BILLS PASSED IN THE 4TH SESSION OF THE 38TH LEGISLATIVE ASSEMBLy ................................................................................... 305 APPENDIX C: BILLS PASSED IN THE 5TH SESSION OF THE 38TH LEGISLATIVE ASSEMBLY ................................................................................... 317
Introduction Academic commentary in common law jurisdictions has a tendency to focus on the development of judge made law. Increasingly, however, the rules that govern our society are conceived in the committee rooms of our legislatures instead of in our country's courtrooms. As Canada's only ongoing legislative process review periodical, Underneath the Golden Boy explores the workings of our Parliamentary system and the laws our elected representatives produce. To that end, this volume of Underneath the Golden Boy continues down the path of legislative review established by previous editions. Volume V features detailed profiles of eight recent Manitoba statutes, including the debates that surrounded their origin and passage. Selected bills include legislative efforts to address rising heating costs, a dispute between Manitoba's architects and engineers, and the need for securities reform. There are also several new and original contributions in this issue. Professor Debra Parkes comments on the review of Manitoba's Employment Standards Code. Her paper, "Employment Standards that Work for Women", includes a comprehensive review of the Code as well as detailed recommendations for its reform. This issue also includes .a response to the Manitoba Law Reform Commission's "Consultation Paper on Franchise Law". The response, authored by Dr. Bryan Schwartz, Desautels Centre for Private Enterprise and the Law Director John Pozios and Robson Hall student Leandro Zylberman, discusses whether Manitoba ought to adopt franchise legislation. It features a survey of franchise legislation around the world, spanning 23 countries and three international franchise associations. To open the issue, Dr. Schwartz and this year's senior student editor, Andrew Buck, explore four dimensions of reform to legislative process in Manitoba. Many of these proposals are readily applicable to other Canadian provinces as well as federal government. All are tied together by the desire for increased incumbent party accountability. Consider, for example, the current federal political landscape. A minority government needs continued opposition party support. This fragile situation can lead to a directionless approach to governing that puts self,preservation ahead of solid policy.-making and long,term planning. However, minority governments can also flourish under the pressure of knowing that one misstep could bring about a snap election and the prospect of a move to the opposition benches. Just as some individuals thrive when they are in fierce competition with others, EO too can a minority government. Contrast this with the relatively stress...free existence of a majority government that has enjoyed a landslide victory. In that situation, the government need not worry about defeat in the
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Page 7 and 8: Fixed Date Elections BRYAN SCHWARTz
Page 9 and 10: • Stockwell Day was elected leade
Page 11 and 12: date and provide for elections ever
Page 13 and 14: The Constitution Act, 1982 32 and t
Page 15 and 16: No one really supposes that there i
Page 17: duration without infringing on the
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Page 53 and 54: 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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148 Underneath the Golden Boy enact
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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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Bill 34, The Highway Traffic Amendm
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(a) a person's death is alleged to
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suspended for one year after the fi
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from Manitoba Justice's Policy, Dev
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.1. ne rugnway L TU.JJlC .n.rnenu.m
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1ne ntgnway 1 TaJJlC fi.menament r\
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provide advice for separated or div
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leads one to think that the primary
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A Prescription in the Public Intere
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people who would advance therapies
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or prevailing practice. The likely
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III. PRACTICAL CONSEQUENCES OF BILL
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treat someone with bipolar depressi
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1ne LVtemcm 1"\.menamem; 1"\.cr LU1
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several personal accounts of succes
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V. CRITIQUES OF BILL 207 Finding ef
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stresses that the College has two p
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would be an extension of that." 79
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when public glare does not intrude.
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Appendix: Private Members' Public B
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Table 2:Sponsors, Titles and Passag
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224 Underneath the Golden Boy The S
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226 Underneath the Golden Boy in th
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228 Underneath the Golden Boy would
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230 Underneath the Golden Boy the a
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232 Underneath the Golden Boy excep
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234 Underneath the Golden Boy IV. C
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236 Underneath the Golden Boy II. A
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238 Underneath the Golden Boy premi
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240 Underneath the Golden Boy expre
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242 Underneath the Golden Boy conse
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244 Underneath the Golden Boy Oppos
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246 Underneath the Golden Boy subsi
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248 Underneath the Golden Boy C. Th
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250 Underneath the Golden Boy impor
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Bill 7, The Architects and Engineer
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is really the following: which jobs
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contacted in this case, and when th
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• To provide clarity and certaint
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them at all. In factt he explained
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The proposed change from < supervis
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E. Report Stage Amendments On 29 No
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design in one jurisdiction may not
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power has been given to the Joint B
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implementation to give the MAA time
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Bill 207, The Personal Information
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codification of the principles and
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C. History in the Legislature The b
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Like PIPEDA, PIPITPA requires organ
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• The Commissioner gives a nonbin
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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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