Broadening our influence
The CBA’s Policy Committee and member volunteers stay busy all year speaking to governments, courts, and regulators on your behalf. And we’d like you to know more about it. This monthly newsletter features compendium of blog posts about recent CBA initiatives.
Latest Programs and Initiatives
CBA Influence | December 05, 2024
Seeing green: CBA replies to consultation paper on national security
When the Liberals voted in favour of the Conservatives’ controversial Bill C-51, they promised to change the bits they didn’t like once they took power. In late 2016 they published their National Security Green Paper to stimulate discussion on the issue.
CBA Influence | March 26, 2024
Guidance for biometrics
The Privacy and Access Law Section of the Canadian Bar Association wrote to the Office of the Privacy Commissioner of Canada in response to public consultation on new draft guidance on biometric technologies.
CBA Influence | March 26, 2024
Coherent competition law reform
Competition law reform in Canada should not proceed in a piecemeal manner, says the Competition Law and Foreign Investment Review Section of the Canadian Bar Association in a letter to the Standing Committee on Industry and Technology.
CBA Influence | March 26, 2024
Defend abortion rights
The President of the Canadian Bar Association, John Stefaniuk, K.C., marked International Women’s Day by sending a letter to Prime Minister Justin Trudeau to inform him of a recent resolution adopted by CBA members on protecting and realizing abortion rights in Canada.
CBA Influence | March 26, 2024
Clarity and plain language
The Immigration Law Section of the Canadian Bar Association, in a letter to Immigration and Refugee Board of Canada, says the proposed quality assurance framework for designated representatives is essential to protect the rights of vulnerable individuals before the IRB.
CBA Influence | March 26, 2024
Clarify rights for preclearance
Proposed regulations under the Preclearance Act would adapt port of entry authorities under the Immigration, Refugees and Protection Act to allow Canada Border Services Agency agents to make admissibility determinations within preclearance areas outside the Canadian border.
CBA Influence | March 26, 2024
Framing AI
The Intellectual Property Section of the Canadian Bar Association, in a letter to Innovation, Science and Economic Development Canada, answers consultation questions related to copyright and generative artificial intelligence.
CBA Influence | March 26, 2024
Taking the time to study proposed amendments to the Competition Act
The Competition Law and Foreign Investment Review Section of the Canadian Bar Association, in a letter to the Standing Senate Committee on National Finance, urges Parliament to allow for sufficient time for a thorough study of Bill C-59, Fall Economic Statement Implementation Act, 2023, which amends the Competition Act.
CBA Influence | March 26, 2024
Rethink removal cost recovery framework
Measures regulating the removal costs that must be repaid by foreign nationals who seek to return to Canada after being removed at the government’s expense need updating, the Immigration Law Section of the Canadian Bar Association says in a letter to the Canada Border Services Agency.
CBA Influence | February 27, 2024
Better predictability for Express Entry applicants
The Immigration Law Section of the Canadian Bar Association, in a letter, says Immigration, Refugees and Citizenship Canada is to be commended for how it drew Express Entry candidates for category-based rounds of invitations since 2023. It also offers suggestions to stabilize and increase the predictability of Canada’s mainstay intake system for economic immigration applicants.
CBA Influence | February 27, 2024
Protect migrant and refugee children in the state’s care
The Family Law Section, the Child and Youth Law Section and the Immigration Law Section of the Canadian Bar Association, in a letter to the Senate Standing Committee on Social Affairs, insist on the importance of ensuring migrant and refugee children taken into the state’s care aren’t left without status or path to citizenship when they age out of care.
CBA Influence | February 27, 2024
Provisional comments on abuse of dominance
The Competition Law and Foreign Investment Review Section of the Canadian Bar Association, in a submission, offers provisional commentary on the Draft Bulletin on Amendments to the Abuse of Dominance Provisions in the Competition Act.
CBA Influence | February 27, 2024
Removing uncertainty stemming from Pangaea decision
The Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada wrote to Finance Canada asking again for action on impacts on the Income Tax Act of the Pangaea decision to avoid adverse effects on market dynamics surrounding the restructuring of debt instruments issued by Canadian issuers.
CBA Influence | February 27, 2024
Trauma-informed practices in dealing with victims of gender-based violence
The Immigration Law Section of the Canadian Bar Association, in a letter to Canada Border Services Agency, offers guidance on the development of trauma-informed practices when dealing with victims of gender-based violence, or GBV.
CBA Influence | January 23, 2024
Getting early learning and child care right
The Aboriginal Law Section, Equality Subcommittee and Family Law Section of the Canadian Bar Association applaud the government’s vision for a countrywide learning and child care system as outlined in Bill C-35, the Canada Early Learning and Child Care Act.
CBA Influence | January 23, 2024
Thoughts on affordability
Bill C-56, the Affordable Housing and Groceries Act, covers several topics and the Canadian Bar Association offered suggestions and recommendations in a comprehensive submission from the Commodity Tax, Customs and Trade Section, the Competition and Foreign Investment Review Section and the Construction and Infrastructure Law Section. The most salient ones are summarized below.
CBA Influence | January 23, 2024
Perfecting Canada’s post-conviction review process
The Criminal Justice Section of the Canadian Bar Association, in a letter to the House of Commons Justice and Human Rights Committee, offers comments on Bill C-40, Miscarriages of Justice Review Commission Act (David and Joyce Milgaard’s Law).
CBA Influence | January 23, 2024
Advanced MAiD requests
The End-of-Life Working Group of the Canadian Bar Association has long advocated for the clarification of end-of-life decision-making.
CBA Influence | January 19, 2024
Fulfil obligations to children in Canada
The President of the Canadian Bar Association, John Stefaniuk, K.C., reiterates the urgency for the government of Canada to fulfil its obligation to children in a letter to Minister of Families, Children and Social Development Jenna Sudds.
CBA Influence | November 28, 2023
Dealing with ESG risks in pension plan management
The Canadian Association of Pension Supervisory Authority, or CAPSA, released a draft guideline for risk management earlier this year that reviews and updates several key risk concepts, as well as third-party risks such as cyber risks and risks related to environmental, social and governance risks, or ESG. The latter is the subject of a letter from the CBA’s Pensions and Benefits Law Section.
CBA Influence | November 28, 2023
Injunctive relief on new tax mandatory disclosure rules
Last week, the Supreme Court of British Columbia granted an injunction temporarily exempting legal professionals from applying new mandatory disclosure rules of the Income Tax Act that expand the number of business transactions that must be reported to the Canada Revenue Agency (CRA).
CBA Influence | November 28, 2023
End fraudulent consultant practices targeting international students
The Immigration Law Section of the Canadian Bar Association, in a letter to Immigration Minister Marc Miller, proposes permanent solutions to fraudulent immigration consultant practices targeting international students.
CBA Influence | November 28, 2023
GAAR and self-help transactions
Following an earlier submission on proposed amendments to section 245 of the Income Tax Act, the Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada sent further comments about the General Anti-Avoidance Rule, or GAAR, and self-help transactions.
CBA Influence | November 28, 2023
Isolation should not constitute cruel and unusual punishment
The Canadian Bar Association’s Criminal Justice Section and its Committee on Imprisonment and Release wrote to warn that Correctional Service Canada’s proposed policy does not meet international standards surrounding solitary confinement and violates the Charter of Rights and Freedoms.
CBA Influence | November 28, 2023
Keeping a cool head on bail reform
Everyone in Canada is presumed innocent until proven guilty, including individuals with prior criminal records, writes the Criminal Justice Section of the Canadian Bar Association in a letter to the Standing Senate Committee on Legal and Constitutional Affairs about Bill C-48, An Act to amend the Criminal Code (bail reform). “This presumption applies at every stage of the criminal justice process, including and especially the bail stage.”
CBA Influence | November 28, 2023
Respect inmates’ right to counsel
Incarcerated persons in Canada have rights, including the right to counsel. But as the Criminal Justice Section of the Canadian Bar Association and its Committee on Imprisonment and Release explain in a letter to Correctional Service Canada (CSC) and the Parole Board of Canada (PBC), there are too many significant barriers to that right in the country’s federal prisons.
CBA Influence | November 28, 2023
A framework for AI
Canada is taking part in international negotiations in the Council of Europe for a treaty on artificial intelligence, human rights and the rule of law. The Canadian Bar Association’s Privacy and Access Law Section, the Immigration Law Section and the Ethics and Professional Responsibility Subcommittee, in a comprehensive submission, express support for the proposed approach and offer a useful perspective on the survey questions contained in the government’s consultation document.
CBA Influence | October 31, 2023
Combatting financial crime
The federal government is consulting on the best ways to improve the country’s anti-money laundering and anti-terrorist financing regime.
CBA Influence | October 31, 2023
Refining the H-1B visa holder work permit program
The Immigration Law Section of the Canadian Bar Association, in a letter to Immigration, Refugees and Citizenship Canada, or IRCC, outlines ways to improve the new H-1B visa holder work permit program.
CBA Influence | October 31, 2023
The impact of CAE
The Joint Committee on Taxation of The Canadian Bar Association and Chartered Professional Accountants of Canada recommends the Income Tax Act be amended to exclude loans that are unconditionally repayable from being “government assistance” for the purposes of paragraph 12(1)(x) and subsection 127(9).