The federal government has public - sector legislation and private - sector legislation that applies to commercial activity across the country, except where
displaced by provincial legislation.
The Samson case has given rise to two interpretations, a narrow one which benefits ordinary unsecured creditors for whom a deemed trust is created (since they are not the Crown), and a broader one which maintains that any deemed trust
created by provincial legislation, in favour of the Crown or not, must meet the common law requirements of trust law in order to obtain priority over secured creditors pursuant to the BIA.
Where I'm from, if a sufficient petition is presented to Council on a specific matter, the Council is
required by provincial legislation to hold a meeting of Council on the matter within 30 days of receiving the petition.
20 In Ladouceur the validity of a statute provision authorizing purely random stops was at issue and the court held that such stops, if
permitted by provincial legislation or common law, are a reasonable limit on section 9, where the stop is for the purpose of checking the driver's sobriety.
We've six projects ongoing: one on increasing the options for low income people cashing government cheques and one on the division of pensions on marital breakdown (both almost completed); a two to three year project on developing a framework on the law as it affects older adults and a similar one relating to persons with disabilities; and a project on vulnerable workers and the protections
offered by provincial legislation.
This goes beyond what is necessary to provide an employee with the notice period
prescribed by provincial legislation and restricts to an unreasonable extent the parties» right to negotiation their own agreement.
The one about whether the charter's equality guarantees extend to same sex relationships, and the latter on whether standard automobile insurance policies
set by provincial legislation which extended benefits only to married «spouses» of policy holder breached the Charter rights of unmarried couples.
The dissent drew on the Supreme Court of Canada in Pushpanathan, where the majority cited the 1981 decision in Crevier v. Quebec (Attorney General) with respect to whether a statutory tribunal could be
immunized by provincial legislation from review on questions of jurisdiction.
Because administrative tribunals are
established by provincial legislation, they are public bodies, and as such, are subject to provincial (or, as the case may be, federal) legislation governing access to information and the protection of personal information in the hands of the public sector.
Benefits Canada has reported on a Quebec Superior Court decision that calls into question the effectiveness of pension protections
granted by provincial legislation in situations where an insolvent employer is being liquidated under the federal Companies» Creditors Arrangement Act (CCAA).
Although the Franchisors are not
governed by provincial legislation and can use Real Trends reports without fear of provincial oversight, their Franchisees are not so similarly empowered.
Up until the passage of the FHA, the division of First Nations property was caught in legal limbo, neither
covered by provincial legislation, nor referred to in the Indian Act.
Wholly disconnected from the field and the public and sorely in need of a review of its mandate, since ethics / performance standards of members are now
handled by provincial legislation.
In Canada, the vast majority of employees are governed
by provincial legislation and the minimum wages stretch from $ 9.75 (Alberta) to $ 11.00 (Nunavut).
The applicants will then be known as a «Committee» and their conduct will be governed
by provincial legislation.