Civil Section Minutes 2007


NEW PROJECTS - Report and Discussion

Presenters:

John Lee, Counsel, Policy Division, Ministry of the Attorney General of Ontario
Sarah J. Dafoe, Barrister and Solicitor, Legislative Reform, Alberta Justice

John Lee provided a brief background with respect to the process used to solicit new proposals for projects this year. After last year’s meeting of the ULCC, the Civil Section Steering Committee approved a list of ten questions to assist in the process by helping proponents to understand the aims of the Conference so they may better develop their proposals. The responses would also help the Conference to decide which projects it should undertake. The questions asked were as follows:

  • Name of proponent
  • What is the current law?
  • What changes to the law are being proposed?
  • How will the project serve the public interest?
  • Why is uniformity necessary and what are the benefits?
  • Is there any urgency?
  • Who would support and who would not support this project?
  • How long will the project take?
  • Is anyone else working on a similar project?

As this was the first year using the approach, it was decided that answering the questions could be optional; however, almost everyone who made a proposal this year chose to answer the questions. In going through this year’s proposals, the presenters asked that the Conference keep in mind, for later discussion, any views as to:

1. Whether this new approach is a good one.

2. Whether answering the questions ought to be mandatory.

3. Whether there are additional questions we should be asking or whether some of the questions don’t need to be asked.

John and Sarah then reviewed the proposals that were submitted:

  • Model Pension Law: a request from the Canadian Association of Pension Supervisory Authorities
  • Conflicts Provisions respecting Wills and Succession (Including Intestacies), proposed by Manitoba Justice;
  • Assisted Human Reproduction – Parental Status Law, proposed by the Coordinating Committee of Senior Officials – Family Justice;
  • Uniform Joint Venture Legislation, proposed by the Alberta Law Reform Institute.

A proposal respecting civil asset forfeiture legislation was withdrawn. The following New Project Proposals from 2006 were attached to the Report as an appendix: Re-examination of Extraprovincial Licensing Requirements; Legislation Regarding the Use of Technical Protection Measures.

Discussion:

There was a good deal of discussion with respect to the model pensions legislation proposal. With respect to the joint ventures proposal, it was noted that U.S. Conference deals with this in a broader statute, and that the ULCC should investigate whether this topic should be incorporated into the partnership project. There was also some discussion of the reasons for the withdrawal of the project respecting civil forfeiture.

The reaction to the questions asked of proponents was positive, and with the Chairperson noting that it brings discipline to the process. The Chairperson thanked John and Sarah for their work on this, as it will greatly assist in the consideration of new projects.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018