The Power of Perspectives

The Canadian Bar Association

Kim Covert

CBA Influence

Harmonize pension plan regulations for efficiency, says CBA Pension Section

By Kim Covert October 30, 2017 30 October 2017

 

The Pension and Benefits Law Section called once again for a harmonized pension regulatory system in its October comment on the Office of the Superintendent of Financial Institution’s revised draft derivatives guideline for federally regulated pension plans.

Derivatives include an assortment of financial or commodity contracts, including forwards, futures, swaps and options. Used prudently, derivatives can be used by pension plan administrators to implement risk management strategies that can reduce risks associated with a range of financial variables like exchange rates, interest rates, market indices and commodity prices.

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CBA influence

Modernizing air transportation: Tariffs, complaints and the definition of Canadian

By Kim Covert October 27, 2017 27 October 2017

 

It’s probably never a bad thing when a government decides to modernize its laws and regulations. The Canadian Transportation Agency announced last year its intent to do just that – bring regulations that haven’t changed in 25 years or more in line with the current reality.

To that end, last December the CTA released its Discussion Paper on Regulatory Modernization for Air Transportation. The Air and Space Law Section has made its comments on Phase II of the paper, focusing on modernizing the Air Transportation Regulations with a view to streamlining existing tariff and application requirements, and enhancing the certainty of legal obligations imposed on carriers.

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CBA Influence

Once more unto the breach regulations

By Kim Covert October 26, 2017 26 October 2017

The news of a data security breach can send a chill through your bones. Anyone who’s ever shared sensitive information online is vulnerable, and these days that’s more and more of us – think of the three billion people affected by the breach at Yahoo! this summer.

The federal government is drafting regulations under PIPEDA on how and when to notify people whose information may have been caught up in a breach. They published those draft regulations in the Canada Gazette in September.

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CBA influence

Billed-basis accounting and access to justice: CBA submission

By Kim Covert October 25, 2017 25 October 2017

 

When the Finance Department released draft legislation in September to limit the use of billed-basis accounting, the CBA was happy to see that the government had acted to address one of the Association’s major concerns with the changes.

When the government announced as part of the 2017 budget that it planned to change billed-basis accounting and the way work in progress is taxed, the CBA said the proposed two-year implementation was far too short, given the amounts of WIP that may be subject to an unanticipated and accelerated tax consequence. The draft legislation will change that implementation period to five years.

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CBA Influence

Privacy at the border: Is a smartphone more like a letter or a briefcase?

By Kim Covert October 19, 2017 19 October 2017


The post-9/11 emphasis on the need for security has exacerbated the difficulty of balancing the individual right of privacy with the state’s right to know, especially at border crossings. And more and more the fulcrum those two balance upon is the personal electronic device, be it a laptop, a tablet or a smartphone.

The credit card used to be the thing we wouldn’t leave home without, these days it’s our electronic devices, particularly smartphones. They have become indispensable when travelling, especially now that travel providers have made tickets and boarding passes available electronically.

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