Statutes, Bills, Regulations

Federal Proclamations

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In case you missed them, here is a roundup of federal proclamations during the month of July:

  • Accessible Canada Act, SC 2019, c 10

The Accessible Canada Act, SC 2019, c 10, except s 206, which came into force on assent, is proclaimed into force July 11, 2019 (PC 2019-1042).

  • Budget Implementation Act, 2017, No. 1, SC 2017, c 20

Sections 318(1), 320(1), 322(1), 323, 324(2), 325(1), 325(2), 326 to 328, 329(1), 329(2), 330 to 337, 338(1), 339 to 349, 351 to 355, 356(2), 356(3), 363(8), 364(2), 365, 368(1), 370, 378 to 383, 387, 391 to 397 of the Budget Implementation Act, 2017, No. 1, SC 2017, c 20, are proclaimed into force July 29, 2019 (PC 2019-1110).

Sections 318(2), 319, 338(2), 356(1) and 384 of the Budget Implementation Act, 2017, No. 1, SC 2017, c 20, are proclaimed into force July 29, 2019 (PC 2019-1110).

  • Budget Implementation Act, 2019, No. 1, SC 2019, c 29

Division 10 of Part 4 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, is proclaimed into force July 10, 2019 (PC 2019-1053).

Division 19 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, is proclaimed into force July 9, 2019 (PC 2019-1050).

Sections 9 to 12 of the Poverty Reduction Act, as enacted by s 315 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, are proclaimed into force July 9, 2019 (PC 2019-1046).

  • National Security Act, 2017, SC 2019, c 13

Part 1.1 other than s 49.2, and Sections 94, 96, 97, 102, 107, 108, and the provisions enacted by them, and ss 110, 111, 128, 129(1), 131, 134, 135, 137(2), (4), (5), (7) and 139 of the National Security Act, 2017, SC 2019, c 13, are proclaimed into force July 13, 2019 (PC 2019-1092).

Section 101 of the National Security Act, 2017, SC 2019, c 13, is proclaimed into force on the later of the day after the day on which the Order is made and the day after the day fixed under section 169 of the Act (PC 2019-1092).

Part 3, other than ss 83, 90 and 91, which came into force on assent of the National Security Act, 2017, SC 2019, c 13, is proclaimed into force August 1, 2019 (PC 2019-1091).

Parts 1 and 2 other than ss 48, 49, 74 and 75 of the National Security Act, 2017, SC 2019, c 13, are proclaimed into force July 12, 2019 (PC 2019-1088).

Mandatory Alternative Dispute Resolution in Family Matters

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In Spring 2018, Bill 97, The Arbitration (Family Dispute Resolution) Amendment Act, 2017 and Bill 98, The Miscellaneous (Family Dispute Resolution) Amendment Act, 2017 were passed in the Legislative Assembly. The Acts added provisions to The Children’s Law Act, 1997, The Family Maintenance Act, 1997, The Family Property Act and The Queen’s Bench Act, 1998 to recognize and promote early dispute resolution. The Acts also added provisions to The Arbitration Act, 1992 to facilitate the use of arbitration in family law disputes.   

The amendments to The Queen’s Bench Act, 1998 will require parties in certain family law proceedings to make efforts to resolve disputes through an approved dispute resolution process before proceeding with the court process.

If parties have not already participated in dispute resolution prior to filing court pleadings, they must do so before moving ahead with the court process. The amendments provide that the following processes fall within the definition of “family dispute resolution”: the services of a family mediator, family arbitrator or parenting coordinator, other collaborative law services or any other process or service prescribed.

Regulations setting out the training and experience required to be a family arbitrator or parenting coordinator for the purpose of meeting the mandatory ADR requirement came into force on July 15, 2019, together with the applicable amendments to The Children’s Law Act, 1997, The Family Maintenance Act, 1997, and The Arbitration Act. The ministry has been receiving applications from individuals who wish to be recognized as a family arbitrator or parent coordinator. Members of the public may choose to use, or be ordered to use, a parent coordinator or family arbitrator as of July 22, 2019. Note that the requirement to use a family dispute resolution service before proceeding with a court application is not yet in force. The Ministry of Justice and Attorney General is preparing regulations setting out the training and experience required to be a family mediator and collaborative lawyer for the purpose of meeting the requirements of the new legislation. Once these Regulations are finalized, they will be brought into force along with the mandatory ADR requirement set out in the amending legislation. The mandatory ADR requirement will be piloted in one judicial centre before it is expanded province-wide.  

If you have any questions, please contact Itee Umoh at Itemobong.umoh@gov.sk.ca.

Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 115, No. 28, July 12, 2019:

  • A-24.1 Reg 1 The Arbitration Regulations
  • E-10.22 Reg 8 The Household Hazardous Waste Products Stewardship Regulations
  • S-32.4 Reg 1 The Saskatchewan Public Safety Agency Regulations
  • SR 48/2019 The Children’s Law (Parenting Coordinators) Amendment Regulations, 2019
  • RS 48/2019 Règlement modificatif de 2019 sur le droit de l’enfance (coordonnateurs parentaux)
  • SR 49/2019 The Jury Amendment Regulations, 2019
  • RS 49/2019 Règlement modificatif de 2019 sur le jury 
  • SR 50/2019 The Land Contracts (Actions) Amendment Regulations, 2019
  • SR 51/2019 The Residential Tenancies Amendment Regulations, 2019
  • SR 52/2019 The Saskatchewan Immigrant Nominee Program Application Fee Amendment Regulations, 2019
  • SR 53/2019 The Land Bank Temporary Provisions Repeal Regulations

Reminder: Law Reform Commission of Saskatchewan Consultation

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The Law Reform Commission of Saskatchewan recently posted a new consultation report on life lease legislation on its website. This consultation report asks whether Saskatchewan should enact legislation on life leases, and if so, what types of provisions should be included. The Commission relies on responses received during consultation to inform its recommendations. Responses can be provided in writing or as answers to the online survey. Both the survey and the consultation report can be found at: https://lawreformcommission.sk.ca

The consultation period has been extended to September 30, 2019.

Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 115 No. 24, June 14, 2019:

  • E-13.1 Reg 12 The Executive Government Administration Exemption Regulations
  • F-13.4 Reg 40 The Petroleum Innovation Incentive Regulations
  • F-13.4 Reg 41 The Oil and Gas Processing Investment Incentive Regulations

Federal Proclamation

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The Preclearance Act, 2016, SC 2017, c 27, comes into force on the date of entry into force of the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America (PC 2019-0717).

The preamble to the agreement considers that “preclearance facilitates air travel between the two countries and is of mutual benefit to both Parties” and that “preclearance should be continued (and established) for eligible flights at various locations in Canada and the United States, where the facilities and other conditions are adequate to enable the Canadian and the United States inspection agencies to carry out their missions, with respect to the examination and inspection of passengers and their possessions, aircraft crew, baggage and aircraft stores entering Canada and the United States.”

Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 115 No. 23, June 7, 2019:

  • SR 41/2019 The Wildlife Habitat and Ecological Lands Designation Amendment Regulations, 2019 (No. 2)
  • SR 42/2019 The Miscellaneous (Farm Financial Stability Act) Repeal Regulations