Adopted in 1996
A. Preamble
WHEREAS the Uniform Law Conference of Canada was
established to secure uniformity of legislation throughout Canada, especially
for the purpose of facilitating commercial activity;
AND WHEREAS it has been recognized by the Conference and
others that the harmonizing of legal principles throughout Canada is a
desirable objective in areas of law in addition to that relating to commercial
activity;
AND WHEREAS recent developments such as the adoption of
the Canadian Charter of Rights and Freedoms, Canada's entry into the North
American Free Trade Agreement and Canada's more active participation in the
work of The Hague Conference on Private International Law and other
international bodies have heightened the significance of harmonization of laws
as a national objective;
AND WHEREAS the constituent jurisdictions of the Uniform
Law Conference, being Canada, the Provinces and Territories, deem it desirable
that the Conference continue to serve them as an effective vehicle for
facilitating and promoting harmonization of laws throughout the country;
AND WHEREAS the constituent jurisdictions wish to
demonstrate their continuing commitment to the principle of harmonization of
laws and to the Conference;
NOW THEREFORE Canada, the Provinces and Territories, through
their respective delegates to the Uniform Law Conference of Canada, accept the
following Constitution.
B. Mandate
The mandate of the Uniform Law
Conference of Canada is to facilitate and promote the harmonization of laws
throughout Canada by developing, at the request of the constituent
jurisdictions, Uniform Acts, Model Acts, Statements of Legal Principles and
other documents deemed appropriate to meet the demands that are presented to it
by the constituent jurisdictions from time to time.
C. Structure
The Conference consists of the Civil
Section, the Criminal Section and the Drafting Section that shall serve the
mandate of the Conference in accordance with their respective areas of
expertise.
D. Participation
Canada, the Provinces and
Territories, being the constituent jurisdictions of the Conference, may appoint
as many delegates as they wish to participate in the work of the Conference
with each delegate being assigned to participate in one or more of the
Sections. Only persons so appointed are
eligible to take part in any vote of the Conference or a Section or to hold office
in the Conference or a Section.
E. Governance
The activities of the Conference
shall be administered by an Executive Committee to be established in accordance
with By-laws to be adopted by the Conference.
The activities of a Section shall be administered by a Steering
Committee or an Executive Committee to be established in accordance with
By-laws to be adopted by the Conference.
Such Committees shall be vested by the By-laws with such powers and
responsibilities, consistent with this Constitution, as are appropriate to
enable the Conference and the Sections to carry out their mandates.
F. By-laws
The Conference may adopt such
By-laws, consistent with this Constitution, as it considers appropriate to
enable it to carry out its mandate.
Each Section may adopt such By-laws, consistent with this Constitution
and the By-laws and Statement os of Policy of the Conference, as it considers
appropriate to enable it to carry out its mandate.
G. Statement of Policy
The Conference
may adopt such Statements of Policy, consistent with this Constitution, as it
considers appropriate to assist the constituent jurisdictions in understanding
how the Conference functions and how they may enable the Conference to pursue
its mandate most effectively, and for such other purposes as the Conference
considers appropriate to enable it to carry out its mandate.
BY-LAWS
PART 1.-AUTHORIZATION
Section 1.
This By-law is made pursuant and
subject to the Constitution approved by the constituent jurisdictions as of
August 17, 1990 and amended as of August 11, 1996.
PART 2.-INTERPRETATION
Section 2.
In this By-law,
(a) "Civil Section" means the
Civil Section of the Conference described in Part 3.
(b) "Conference" means the Uniform
Law Conference of Canada;
(c) "constituent jurisdiction"
means Canada and the Provinces and Territories of Canada;
(d) "Criminal Section" means the
Criminal Section of the Conference described in Part 3;
(e) " Drafting Section" means the
Drafting Section of the Conference described in Part 3;
(f) "Executive Committee" means
the Executive Committee of the Conference described in subsection (1) of
Section 10;
(g) "jurisdictional
representative" means a person appointed under Part 4;
PART 3.-SECTIONS OF THE CONFERENCE
Section 3.
(1) The
Civil Section consists of those persons appointed by the constituent
jurisdictions and designated by them to participate in the activities of this
Section.
(2) The Civil Section shall carry out the
mandate of the Conference in relation to matters of law that fall outside the
area of criminal law.
(3) The
Criminal Section consists of those persons appointed by the constituent
jurisdictions and designated by them to participate in the activities of that
Section.
(4) The Criminal Section shall carry out the
mandate of the Conference in relation to matters of law within the criminal law
area.
(5) The Drafting Section consists of
legislative drafters who are appointed by the constituent jurisdictions and
designated by them to participate in the activities of the Civil Section or the
Criminal Section.
Section 4.
(1) The Civil
Section and the Criminal Section shall each have a Nominating Committee
consisting of the following members:
(a) the most immediate Past Chairperson
present at the annual meeting who shall act as chairperson of the committee;
(b) the President of the Conference; and
(c) at least three members of the Section
selected by the chairperson of the committee in consultation with the
jurisdictional representatives to the Section taking into account the regional
and other interests represented in the Section.
(2) The chairperson of the Nominating
Committee for a Section shall report to the Section the names of the members of
the committee as soon as conveniently possible after the committee is
constituted.
Section 5.
(1) A Nominating Committee under Section 4
shall present to the Section concerned its nomination to fill the position of
Chairperson of the Section, provided, however, that other nominations may be
made from the floor.
(2) The Chairperson of the Civil Section and
the Criminal Section shall be elected for a term of one year and shall be eligible to be elected for one additional year.
(3) The Executive Director shall serve as
Secretary of the Civil Section.
(4) The members of the Steering Committee of
the Criminal Section shall appoint a member of the Section to serve as
Secretary.
Section 6.
(1) There
shall be a Steering Committee of the Civil Section consisting of the following
members:
(a) the Chairperson of the Section who shall
be the presiding officer;
(b) the immediate Past Chairperson of the
Section;
(c) at least
four delegates to the Section who shall be appointed by the Chairperson taking
into account the regional and other interests represented in the Section;
and
(d) the
Chairperson of the Drafting Section or the nominee of that Chairperson.
(2) There shall be a
Steering Committee of the Criminal Section consisting of the following
members:
(a) the
Chairperson of the Section who shall be the presiding officer;
(b) the
immediate Past Chairperson of the Section; and
(c) at least
four delegates to the Section who shall be appointed by the
Chairperson taking into account the regional and other interests represented in
the Section.
Section 7.
Each of the Steering Committees of the Civil Section and the Criminal
Section shall have full authority, with the approval of its Section, to do all
such consistent with the Constitution, this By-law and the Statements of Policy
of the Conference, as it may consider appropriate to carry out the mandate of
its Section, and in particular, shall,
(a) set the annual agenda
of the Section;
(b) prepare a
plan of legislative proposals consistent with the demands of the constituent
jurisdiction.
(c) assign
projects to jurisdictions;
(d) commission the
undertaking of research in accordance with the Statement of Policy concerning
use of the research fund;
(e) maintain
liaison with the jurisdictions and any relevant committees and organizations
concerning the affairs of the Section;
(f)
establish such committees, including working committees, as it may
consider appropriate;
(g) adopt
policies and procedures governing the activities of the Section;
(h) in
relation to its Section, amend, where appropriate, Uniform Acts, Model Acts,
Statements of Legal Principles or their documents setting forth legislative
proposals to remove ambiguities or to correct technical errors to conform to
judicial decisions, or for other substantial reason; and
(i)
provide instruction to the jurisdictional representatives of the
Section.
Section 8
(1) The
executive of the Drafting Section shall consist of the Chairperson, the
Vice-Chairperson and the Secretary who shall be elected by the members of the
Section for a term of two years and shall be eligible for re-election for one
additional year.
(2) The
Drafting Section shall, of its own initiative or at the request of the other
Sections,
(a) assign
drafters to working committees established by the Sections;
(b) consider matters
in relation to the preparation of Uniform Acts, Model Acts, Statements of Legal
Principles, and other documents by which the work of the Conference and the
Sections is to be carried out;
(c) raise
questions concerning the constitutional aspects and Charter implications of
proposals being considered by the other Sections and seek advice concerning such
matters for the benefit of those Sections; and
(d) undertake
other projects in relation to legislative drafting as may be
designed to advance the work of the Conference and the
Sections.
PART 4. - JURISDICTIONAL REPRESENTATIVES
Section 9
(1) The Chairperson
of each of the Civil Section and the Criminal Section shall invite each
constituent jurisdiction to nominate one of its delegates to each such Section
to be appointed as the Section's jurisdictional representative.
(2) On the advice of
the Chairpersons the Steering Committees shall appoint the persons nominated
under subsection (1) to be their Sections' jurisdictional
representatives.
(3) The
jurisdictional representatives shall represent and serve the interests of their
Sections in their jurisdictions as requested by the Steering Committees which
service shall include, among other things,
(a) organizing
the jurisdictional delegations to the Sections in preparation for meetings of
the Sections;
(b) ensuring
that the work of the Sections is brought to the attention of appropriate members
of the Cabinet and Deputy Ministers;
(c)
promoting, monitoring and advancing the implementation of the Sections' work in
the jurisdictions as may appear appropriate to meet the needs of the
jurisdictions and the mandate of the Conference; and
(d)
providing advice to relevant and interested bodies and individuals
in the jurisdictions concerning the work of the Sections.
(4) The
jurisdictional representatives shall meet annually with the Steering Committees
of their respective Sections.
PART 5. - EXECUTIVE COMMITTEE
Section 10
(1) The Executive
Committee of the Conference shall consist of the President, the Vice-President,
the immediate Past President and the Chairperson of each Section.
(2) The
Executive Committee shall administer the affairs of the Conference and for that
purpose shall have all of the powers and duties that are not assigned by this
procedure to the Sections.
Section 11
(1) There
shall be a Nominating Committee of the Conference consisting of
(a) the most
immediate Past President of the Conference present at the annual meeting who
shall act as chairperson of the committee; and
(b) at least
four members of the Conference selected by the chairperson of the committee in consultation with the
jurisdictional representatives taking into account the regional and other
interests represented in the Conference.
(2) The chairperson
of the Nominating Committee shall report to the Conference the names of the
members of the Committee as soon as conveniently possible after the committee is
established.
Section 12
(1) The
Nominating Committee of the Conference shall nominate persons to serve as
President and Vice-President; however, further nominations may be made from the
floor.
(2) Only
members of the Conference who are present at the annual meeting shall be
eligible for election to the offices of President and Vice-President.
(3) The
President and Vice-President shall be elected at an annual meeting of the
Conference and shall serve for a term of one year.
PART 6. - OFFICE OF PRESIDENT
Section 13
(1) The President
shall be the Chairperson of the Executive Committee and shall preside at
meetings of the Executive Committee and at Plenary meetings of the
Conference.
(2) In the
absence of the President at a duly convened meeting of the Executive Committee
or the Conference the Vice-President shall act as chairperson of the
meeting.
(3) In the absence
of the president and Vice President at a duly convened meeting of the Executive
Committee of the conference the members present shall elect one of themselves to
act as chairperson of the meeting.
(4) The
President, or in the absence or inability of the President to act, the
Vice-President shall,
(a) report on
the work of the Conference annually to the Deputy Attorneys General and to
such other groups or bodies as the Executive Committee directs;
(b) maintain
liaison with the President or Chief Executive Officers of the Canadian Bar
Association, the Federation of Law Societies, the Association of Canadian Law Deans, the
Canadian Association of Law Teachers, the Federation of Law Reform Agencies, the Association of Law Foundations
and such other national law related bodies as the Executive Committee
directs;
(c) represent
the Conference at the annual meeting of the National Conference of Commissioners
on Uniform State Laws;
(d) convene at
least one meeting of the Executive committee annually other than at the time and
place of the annual meeting of the Conference;
(e) supervise
the activities of the Executive Director;
(f)
seek contributions to any endowment fund as may be established by the
Conference;
(g) preside
at joint meetings of the Sections; and
(h) carry out
any such other duties within the mandate of the Executive Committee as may be
assigned to the President from time to time.
(4) The
President shall be an ex officio member of all committees of the Conference or a
Section established by or under this Procedure.
PART 7. - UNEXPIRED TERMS
Section 14
(1) Where the
President is unable for any reason to complete a term the Vice President for the
balance of the unexpired term.
(2) Where
there is no Vice-President who can serve in accordance with subsection (1) the
Executive Committee shall designate one of themselves to serve as president for
the balance of the unexpired term.
(2A) Where the Vice-President is
unable for any reason to complete a term as Vice-President, the Executive
Committee shall designate one of themselves to serve as Vice-President for the
balance of the unexpired term.
(3) Where the
Chairperson of the Civil Section or the Criminal Section is unable for any
reason to complete a term the Steering Committee of the Section shall designate
one of themselves to serve the balance of the unexpired term.
(4) Where the
Chairperson of the Drafting Section is unable for any reason to complete a term
the Vice-Chairperson of the Section shall serve as Chairperson for the balance
of the unexpired term.
(5) Service
in an office in accordance with this section shall not render a person
ineligible for election to that office upon the expiration of the term in
question.
PART 8. - OFFICE OF EXECUTIVE DIRECTOR
Section 15
(1) The
Executive Committee shall, consistent with the Conference's finances, appoint an
Executive Director and such other staff as may be required to enable the
Conference to carry out its mandate effectively.
(2) The
Executive Director shall serve as Secretary-Treasurer of the Conference and
shall perform the duties normally associated with those offices.
(3) In
particular, the Executive Director shall,
(a) manage
the Conference's office and supervise the work of the staff;
(b) assist the Executive
Committee, the Section Steering Committees and other committees established by
or under this Procedure in carrying out their responsibilities;
(c) jeep minutes of
meetings of the Executive Committee, plenary sessions of the Conference, joint
sessions of the Sections and such other meetings as the Executive Committee
directs;
(d)
handle correspondence by and with the Conference, the Executive Committee
and such other committees established by or under this Procedure as the
Executive Committee directs;
(e) maintain the
files and records of the Conference;
(f) manage the
financial affairs of the Conference and maintain its financial records and
reports;
(g) supervise the
publication of the annual Proceedings of the Conference; and
(h) assist the local
organizers in preparing for and conducting the annual meeting of the
Conference.
PART 9. - FINANCIAL MATTERS
Section 16
The Executive Committee may appoint annually a Budget and Finance
Committee that shall,
(a) provide
advice in relation to the financial aspects of the Conference's operation;
(b) review
and report to the Conference on the audited financial statements;
(c) recommend
to the Executive Committee with respect to the annual assessments;
(d) prepare a
budget to be presented to the Executive Committee concerning the activities of
the Conference for the next fiscal year; and
(e) perform
such other duties as the Executive Committee directs.
Section 17
(1) The
Conference, on the recommendation of the Executive Committee, shall from time to
time determine and levy on each jurisdiction the annual assessments required to
enable it to meet the financial obligations of carrying out its
mandate.
(2) The
annual assessments may vary from one jurisdiction to another.
Section 18
(1) The
fiscal year of the Conference shall run from April 1st to March 31st of the
following year.
(2) At each
annual meeting the Conference shall approve an operating budget for that fiscal
year.
Section 19
The Executive Committee may establish or cause to be established one or
more endowment funds in support of the activities of the Conference.
PART 10. - ELIGIBLE PARTICIPANTS
Section 20
(1) To be
eligible to attend a meeting of the Conference or a Section a person must
be,
(a) a
delegate to the Conference appointed by a constituent jurisdiction;
(b) a member
of a committee attending the meeting in connection with the presentation of a
report being made by that committee;
(c) a visitor
to the Conference attending at the invitation of the Conference; or
(d) a Past
President of the Conference.
(2) The
Conference or a Section may invite any person, whether a delegate to the
Conference or not, to serve on a committee established by it.
Section 21
(1) To be
eligible to vote at any meeting of the Conference or of a Section a person must
be a delegate to the Conference appointed by a constituent
jurisdiction.
(2) Each duly
appointed delegate shall be entitled to cast one vote on any question at a
meeting of the Conference or a Section to which the person is a
delegate.
(3) Where so
requested by a delegate, voting on any question at a meeting of the Conference
or a Section shall be by jurisdiction in which case each constituent
jurisdiction represented at the meeting shall be entitled to cast three
votes.
PART 11 - BY-LAWS AND POLICIES
Section 22
(1) The
Executive Committee may adopt By-laws and Statements of Policy concerning the
Conference from time to time and may amend existing By-laws and Statements of
Policy provided, however, that any such By-law, Statement of Policy or amendment
shall cease to have effect if it is not ratified at the next meeting of the
Conference.
(2) The
Steering Committee or Executive of a Section may adopt procedures and policies
concerning the Section from time to time and may amend existing procedures and
policies provided, however, that any such procedure, policies or amendments
shall cease to have effect if it is not ratified at the next meeting of the
Section.
STATEMENTS OF POLICY
The following statements of Policy are made pursuant and subject to the
Constitution approved by the constituent jurisdictions as of August 17, 1990,
and the By-laws adopted under it. They are intended to be of assistance and
guidance to the constituent jurisdictions, delegates, Steering Committees and
the Executive Committee.
I. JURISDICTIONAL DELEGATIONS
It would be beneficial to the work of the Conference if the
jurisdictional delegations were to be comprised of a variety of government
lawyers, including legal advisors, legislative policy advisors, legislative
drafters and public prosecutors, as well as law reformers, members of the
private Bar, both civil and criminal, and members of the academic
community. The
Conference would welcome, as well, the attendance of members of the judiciary
among the delegates.
The work of the Conference would be advanced considerably by the
attendance and active participation of the Deputy Attorneys General. Such participation
would serve to make the Conference a more effective agent of the
jurisdictions.
It is recommended that the jurisdictions permit at least a core of their
delegates to participate in the work of the Conference for a minimum period of
three years.
While it is desirable to have specialists attend on an occasional basis
in relation to specific agenda items, there is considerable advantage to be
derived from having a significant degree of continuity among the delegates.
In choosing government lawyers, it is recommended that the jurisdictions
consider including lawyers from departments in addition to Departments of
Justice, particularly where such lawyers have knowledge that relates
specifically to current agenda items of the Conference.
II. JURISDICTIONAL REPRESENTATIVES
In choosing delegates to be nominated as jurisdictional representatives,
it is recommended that the jurisdictions select persons who are likely to
continue as delegates for a number of years and who are apt to have an interest
in performing the duties of that office. The role of the jurisdictional
representatives is viewed as being key to the future success of the
Conference.
III. STEERING COMMITTEES
In selecting members for appointment to Steering Committees the Section
Chairpersons should give consideration to such characteristics of the
composition of the Sections as their jurisdictional make-up as well as the areas
of professional expertise, including the two legal systems, represented.
IV. EXTERNAL LIAISON
Although the Conference is the only organization in Canada whose sole
mandate is the harmonization of laws, there are other national, provincial and
territorial bodies that share the Conference's interest in that matter and whose
cooperation and advice would assist in the pursuit of the Conference's
mandate. It
would be in order and advisable for the Conference to identify such bodies and
to establish and maintain appropriate relationships with them.
It is recommended, in particular, that the Conference establish, if
possible, a formal mechanism with the Committee of Deputy Attorneys General to
facilitate the obtaining of advice from that body concerning the Conference's
agenda of projects and to advise the Committee of the results of the
Conference's work.
It would be beneficial if the President of the Conference were permitted
to report an a regular basis to that Committee and occasionally, as well, to the
Attorneys General in meeting.
In addition, it is recommended that the Conference explore with such
organizations as the Canadian Bar Association, the Federation of Law Societies,
the Law Reform Conference of Canada, the Canadian Legal Information Centre, the
Association of Law Deans, the Canadian Association of Law Teachers, the Canadian
Association of Law Librarians, provincial and territorial law associations and
any other bodies who share the Conference's interest in the harmonization of
laws, appropriate means by which they may make a contribution must, of course,
be consistent with the Conference's essential character and status as an agent
of the constituent jurisdictions.
V. DUALITY
In the development of legislative vehicles for promoting harmonization of
laws, it is important that the Conference give due consideration to the
bilingual character of Canada and the fact that two legal systems are to be
served. In the
preparation of both official languages of Uniform Acts, Model Acts or other
legislative vehicles, the different linguistic approaches to the drafting of
such documents should be taken into account.
As well, in those areas of the law where the fact of two legal systems
having to be accommodated is important, the form of legislative vehicle best
designed to facilitate the attainment of harmonization should be sought and
utilized. The
traditional reliance on the Uniform Act should be relaxed where appropriate.
It is appropriate, as well, that the extent of the services and documents
provided by the Conference in English and French be expanded.
VI. ADMINISTRATIVE SERVICES
If the Conference is to be able to respond to the needs and demands of
the constituent jurisdictions in a timely and efficient manner, it may be
necessary to enhance its administrative resources. The Executive
Committee should study the need for an enhanced administrative capability and,
if necessary, bring forward recommendations.
VII. FUNDING
Adequate funding is required to support both the administrative and
research activities of the Conference. It is anticipated that the administrative
activities will continue to be funded by the annual assessments that are paid by
the constituent jurisdictions. The setting of the annual assessments should
be based on budgets created with the benefit of the information gathered in
connection with the study of administrative services. Proposed increases
in the annual assessments should be planned and approved with sufficient notice
to the jurisdictions to permit them to be included in their budget
processes.
The Conference's only source of research funds to date has been the
federal Department of Justice. That has been adequate to date since little
of the Conference's research has been done on a contract basis. Most of the
research has been provided by the jurisdictions, including the law reform
agencies. In
addition to that very valuable input, it may be found that more frequent use of
commissioned research will be required in the future to enable the Conference to
respond in a more timely manner to the needs and demands of the
jurisdictions.
It is recommended that the Executive Committee identify other potential
sources of research funds, such as the Law Foundations, and develop a policy in
relation to the pursuit and utilization of such funding.
One of the major advantages of an enhanced and stable source of research
funding would be the ability on the part of the Sections to engage in longer
term planning regarding the projects to be undertaken. Although all
projects should be undertaken in response to demonstrated interest on the part
of the jurisdictions, not all of those interests and requests require that a
result be produced within a year or less. The agendas may well include matters for
which longer-term solutions may be entirely adequate. The freedom that an
enhanced and certain research fund would give to the Sections to plan and
control their agendas could be very beneficial to all parties
concerned.
VIII. TERMS OF REFERENCE OF RESEARCH FUND
(CANADA)
The Research Fund was established by a grant from the Government of
Canada in the amount of $25,000.00 with annual contributions since then that
have been declining in amount. The fund and annual grant are an outright
grant to the Conference with the accumulated interest being the property of the
Conference and applied to the General Account.
The purpose of the fund is to provide for research projects, as approved
by the Executive Committee, with no other approvals required.
The following are the only guidelines applicable to the payment of monies
from the fund:
1. all
research projects must be approved by the Executive Committee on the
recommendation of a chairperson of one of the Sections of the Conference or on
the initiative of the Executive Committee;
2. a
project may be approved by the Executive Committee involving research in any
area of law including research with respect to an existing or proposed Uniform
Act, Model Act, Statement of Legal Principles or other appropriate document;
3.
that contracts for research work should be between the Conference and a
researcher, to be prepared by the Executive Director and approved by the
President, in close consultation with the jurisdiction or committee involved,
and signed on behalf of the Conference by either the President or the
Vice-President;
4. the
Executive Committee may approve the payment of administrative expenses directly
associated with a research project including travel, accommodation and meals all
at the most economical rates, according to the per diem of the Government of
Canada, supplies, secretarial expenses, and other expenses in relation to the
project in order to ensure completion of he project, unless the Executive
Committee has approved expenses at another rate;
5. the
responsibility for supervising the research work, under the direction of the
Steering Committee, is placed with the jurisdiction or committee that has the
project in hand;
6. the
President and Executive Director shall pay money out of the research fund upon
being satisfied that the requests for money are in respect of an approved
project and are at a rate authorized by these terms of reference;
7. it
is an appropriate use of the research fund to pay for the printing of any
product generated by a Section including the appendices to the Proceedings of
the Conference and the production of pamphlet copies of Uniform or Model Acts,
Statements of Legal Principles or other approved documents;
8. the
Executive Committee may require the chairpersons of the Sections to submit a
budget of research each year.
These terms of reference represent all terms of reference of the Research
Fund and all previous terms of reference are repealed.
IX. WORKING COMMITTEES
Even if the Statement of Policy in relation to the composition of
jurisdictional delegations is fully implemented, it will not be convenient,
possible or necessary to include in those delegations all of the areas of
expertise that may be relevant to a particular agenda item. In recognition of
that fact, it is recommended that the Steering Committees in establishing
working committees on specific projects invite participation by whatever persons
and organizations are deemed to possess the requisite experience and
expertise.
Such organizations include, for example, the Canadian Bar Association,
The Federation of Law Societies, the Federation of Law Reform Agencies, the
Association of Law Deans, The Canadian Association of Law Teachers, The Canadian
Association of Law Librarians and the Canadian Legal Information Centre. The invitation to
participate in the work of the working committees may be very effective means of
pursuing the policy of external liaison recommended in Statement of Policy
IV.
X. PARTICIPATION BY CANADA
Canada has been an active participant in all three Sections of the
Conference since they became established. Since criminal law falls within the authority
of federal jurisdiction, Canada's interest and involvement in the activities of
the Criminal Section has been obvious and essential. Canada's
participation in the work of the Civil Section has, perhaps, been downplayed
somewhat because the subject-matter of that Section's agenda is largely within
the authority of the provinces and territories. it should be recognized, however, that the
needs which are presented to the Civil Section are sometimes in areas where
there is a shared interest, such as environmental and personal property security
law. As well,
the need for harmonization is sometimes driven by factors or activities in which
Canada is a key player. Those include the Charter of Rights
and Freedoms, the North American Free Trade Agreement and the International
Conventions to which Canada becomes a party.
It is to be anticipated that, in the future, more of the Conference's
civil side activity will be generated by proposals originating with Canada and
approved by the provinces and territories for reference to the Civil
Section. It is
to be anticipated, as well, that the participation of the Canadian delegates in
the work of that Section and its working committees will be heightened. That is to be
encouraged since the objective of the Conference is national in scope and
should, therefore, reflect a viable partnership among the constituent
jurisdictions.
XI. LIAISON COMMITTEE
The Joint Committee for Cooperation Between the Uniform Law Conference of
Canada and the National Conference of Commissioners on Uniform State Laws exists
to promote the harmonization of laws between the United States and Canada. That is seen as
important to facilitate the international flow of goods, services, funds and
people between the two countries. Although this area of activity has not
received much attention by the Conference to date it is anticipated that will
become increasingly important. Accordingly, it is recommended that the
Liaison Committee be requested to encourage the development of an active agenda
and that the Conference seek resources to support such an initiative.