The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA Influence

Parts of small business tax amendments fall ‘outside the realm of mischief’

By Kim Covert June 26, 2017 26 June 2017


A proposal in the 2016 federal budget to change section 125 of the Income Tax Act dealing with the Small Business Deduction risks creating unintended consequences for businesses across the country, says the Joint Committee on Taxation of the CBA and Chartered Professional Accountants of Canada.

The Joint Committee sent a submission outlining its concerns with the proposed amendments to Finance Canada last summer. It prepared a second submission for the Canada Revenue Agency in February and then met with members of the CRA, who agreed that the statutory language supports the committee’s interpretation. The CRA said that the matter would have to go back to Finance Canada. So in June, the Joint Committee sent its February submission to the Tax Policy Branch of Finance Canada.

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CBA Influence

A few challenges in the reinstated Court Challenges Program

By Kim Covert June 23, 2017 23 June 2017

 

The Canadian Bar Association is happy to see the Court Challenges Program reinstated. The program has played an important role in developing groundbreaking jurisprudence on equality and language rights in Canada.

That said, the reinstated and modernized program as proposed – particularly the decision to extend the scope of the Program and the continued exclusion of Aboriginal and treaty rights – has triggered some concerns.

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CBA influence

‘Use’ requirement for trademark registration doesn’t need fixing

By Kim Covert June 22, 2017 22 June 2017

 

Amendments  to the Trade-Marks Act made in 2014, despite not being fully implemented yet, have already encouraged squatting and over-claiming, and have resulted in a 75 per cent increase in the number of Canadian applications waiting to be registered, from 40,000 in 2014 to nearly 70,000, the CBA National IP Section says in a letter to Innovation, Science and Economic Development Canada.

“We believe many of these pending applications would be registered, but for the current requirement to file a declaration of use,” the Section says.

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CBA Influence

End of life: Chairs are seated, let’s get to work

By Kim Covert June 22, 2017 22 June 2017


In April, the Council of Canadian Academies announced the appointment of its Expert Panel on Medical Assistance in Dying, to be chaired by former Supreme Court Justice Marie Deschamps.

It also announced the chairs of the working groups tasked with studying the three areas that the federal government marked out for further study when it passed the medical assistance in dying law: mature minors, advance requests and mental illness.

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CBA Influence

Getting technical: Recommendations for billed-basis accounting changes

By Kim Covert June 15, 2017 15 June 2017

The federal government’s policy rationale for repealing section 34 of the Income Tax Act – the billed-basis accounting tax provision for several groups of professionals – may seem sound, but doing so will create uncertainties and compliance burdens that have sunk similar proposals in the past, says the Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada.

The federal government announced in its March 2017 budget that it would remove the exemption available to professionals including doctors, dentists, accountants and lawyers to exclude work-in-progress from their year-end income.

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