Statutes, Bills, Regulations

Saskatchewan Proclamations

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The Vehicles for Hire Act, SS 2018, c V-3.2, is proclaimed into force December 14, 2018. According to the government news release, the act “sets out the framework for ridesharing services also referred to as “transportation network companies” in the legislation.  These services provide a vehicle and driver for pre-arranged transportation through a digital platform or app.”

Section 2(2) of the Miscellaneous Statutes (Superannuation Plans) Amendment Act, 2018, SS 2018, c 20, is proclaimed into force January 1, 2019. The amendment affects The Liquor Board Superannuation Act.

Sections 7-10 of the Cannabis Control (Saskatchewan) Act, SS 2018, c C-2.111, is proclaimed into force January 1, 2019. The amendment affects The Municipalities Act.

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 114 No. 50, December 14, 2018:

  • M-2.01 Reg 3 The Management and Reduction of Greenhouse Gases (Standards and Compliance) Regulations
  • O-2 Reg 7 The Oil and Gas Emissions Management Regulations
  • V-3.2 Reg 1 The Vehicles for Hire Regulations
  • SR 81/2018 The Potash Production Tax Amendment Regulations, 2018
  • SR 85/2018 The Provincial Sales Tax (Miscellaneous) Amendment Regulations, 2018
  • SR 86/2018 The Traffic Safety Act Fees (IRP Fees) Amendment Regulations, 2018
  • SR 87/2018 The Traffic Safety (Speed Monitoring) Amendment Regulations, 2018
  • SR 88/2018 The Vehicle Inspection (Vehicles for Hire) Amendment Regulations, 2018
  • SR 89/2018 The Vehicle Classification and Registration (Vehicles for Hire) Amendment Regulations, 2018
  • SR 90/2018 The Vehicle Impoundment (General) (Fee Changes) Amendment Regulations, 2018
  • SR 91/2018 The Driver Licensing and Suspension (Vehicles for Hire) Amendment Regulations, 2018
  • SR 92/2018 The Municipal Tax Sharing (Potash) Amendment Regulations, 2018
  • SR 93/2018 The Uniform Building and Accessibility Standards Amendment Regulations, 2018

Saskatchewan Legislative Update

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The following are some of the new bills introduced during the 3rd Session of the 28th Legislature, October 24, 2018 to December 6, 2018.

These Bills are currently at 1st reading and we will update their progress once the Legislature resumes March 4, 2019.

Bill 136, The Apprenticeship and Trade Certification Act, 2018
Repeals The Apprenticeship and Trade Certification Act, 1999
Coming into force: On Proclamation

Bill 140 ,The Animal Health Act
Repeals The Diseases of Animals Act
Coming into force: On Proclamation

Bill 141, The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act
Coming into force: On Proclamation

Bill 142, The Proceedings Against the Crown Act, 2018 (English & French version)
Repeals The Proceedings against the Crown Act
Coming into force: On Assent

Bill 145, The Residential Services Act, 2018
Repeals the Residential Services Act
Coming into force: On Proclamation

Bill 154, The Intestate Succession Act, 2018 (English & French version)
Repeals The Intestate Succesion Act, 1996
Coming into force: On Proclamation

Bill 155, The Legislation Act (English & French version)
Repeals The Interpretation Act, 1995, The Regulations Act, 1995 and The Statutes and Regulations Revision Act
Coming into force: On Assent

Bill 162, The Irrigation Act
Repeals The Irrigation Act, 1996
Coming into force: On Proclamation

Update on Recent Policy Work

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By Xavier Beauchamp-Tremblay; reposted with permission from the CanLII blog 

As you may have noticed, CanLII has been quite active this year announcing new content and other improvements, but we would also like to let you know about the policy work we have been involved in this fall.

Copyright Review

First, we submitted a brief to the Standing Committee on Industry, Science and Technology’s copyright review discussing Crown copyright and its effect on free access to law in September. We argued that:

  • The law with respect to Crown copyright lacks predictability and transparency;
  • Crown Copyright is a barrier to innovation, especially in the legal sphere; and that
  • Traditional justifications for Crown copyright are no longer valid.

In particular, and in line with CanLII’s historical role of promoting increased access to publicly funded legal information, we explained that:

CanLII has direct knowledge that several Canadian startups interested in developing [innovative] solutions were discouraged due to the lack of access to data and have abandoned the legal sphere altogether. Crown copyright is a barrier to widespread access to this important data and has therefore impeded innovation in the legal field. It is important to overcome this obstacle to allow for more innovation at a time when delays and costs are impeding access to justice, and where it is generally accepted that “as much as 70%-90% of legal needs in society go unmet”.

The work of the committee is still under way, and the best way to be informed about its work is to visit this page.

Keatley v. Teranet Intervention

In October, we jointly filed a motion for leave to intervene before the Supreme Court in the Keatley Surveying Ltd. v. Teranet Inc. matter (docket number 37863) with the Federation of Law Societies of Canada, where, once again, Crown copyright is at issue.

Our motion materials state that:

“CanLII is particularly uniquely positioned to make submissions on the benefits open access to legal information provides to Canadians of limited means, as well as researchers and new businesses who have limited financial resources, and conversely how broad interpretation of section 12 [of the Copyright Act] may inhibit access to justice, advancements in legal research and thinking, and innovation.”

On November 15, we received news that our motion for leave to intervene was granted. The hearing is set for January 15.

Norton Rose Fulbright is representing CanLII and the Federation on a pro bono basis in the matter of our joint intervention and we are grateful for their help.

Also instrumental in (informally) helping us monitor and understand what’s happening in this surprisingly active field were Kim Nayyer and Ken Fox, Co-Chairs of the CALL/ACBD Copyright Committee. As you may have noticed if you subscribe to CALL/ACBD’s newsletter, they have also announced earlier this week that their organization’s intervention in Keatley has been accepted.

We have uploaded our motion materials and our brief for those who are interested in reading more about the points raised by CanLII as part of its policy efforts. We will of course post our factum in Keatley, when submitted.

Saskatchewan’s New Revenge Porn Law

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By Alan Kilpatrick   

Saskatchewan’s Privacy Act, RSS 1987, c P-24 was recently amended to introduce new avenues for victims of revenge porn to seek damages and justice.  Revenge porn includes the non-consensual distribution and sharing of intimate photographs, films, or videos.

Justice Minister Don Morgan explained that The Privacy Amendment Act, SS 2018, c 28, which came into force on September 15, 2018, “provides victims with a clear path for pursuing legal action against those who have victimized them by sharing their intimate images without consent.”

The new law enables a victim to directly sue the image’s distributor.  The law also creates a reverse onus and places a burden on the distributor to prove they had consent to share the intimate image.  Victims can now pursue an action in either Small Claims Court or the Court of Queen’s Bench.  For damages under $30,000, a victim can pursue a simpler and quicker action in Small Claims Court.

Consult our sources below to learn more.


 Sources

Fraser, D.C. (2018, September 17). Saskatchewan’s revenge porn law is now in effect, making it easier for

victims to take legal action.  Retrieved from https://leaderpost.com/news/saskatchewan/saskatchewans-revenge-porn-law-is-now-in-effect-making-it-easier-for-victims-to-take-legal-action

Government of Saskatchewan. (2018, September 17). Legislation To Support Victims Of “Revenge Porn”

Takes Effect.  Retrieved from https://www.saskatchewan.ca/government/news-and-media/2018/september/17/privacy-act

Green, G.A. (2018, September 18).  Recent Saskatchewan Law Regarding Sharing, Posting, or

Disseminating Intimate Images.  Retrieved from http://www.mckercher.ca/blog/recent-saskatchewan-law-regarding-sharing-posting-or-disseminating-intimate-images

 

Saskatchewan Proclamations

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The Agricultural Implements Amendment Act, SS 2018, c 1, has been proclaimed into force November 9, 2018.

The Reclaimed Industrial Sites Amendment Act, 2018, SS 2018, c 32, has been proclaimed into force December 1, 2018.

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 114 No. 45, November 9, 2018:

  • SR 76/2018 The Cities (Property Classification) Amendment Regulations, 2018
  • SR 77/2018 The Northern Municipalities (Property Classification) Amendment Regulations, 2018
  • SR 78/2018 The Municipalities (Property Classification) Amendment Regulations, 2018
  • SR 79/2018 The Western Livestock Price Insurance Program Amendment Regulations, 2018