CANADA


agreed that the various parts of Bill C-45 be referred to 10 standing committees with the appropriate subject matter expertise. Meanwhile, the Senate also adopted an order for the pre- study of Bill C-45 by the Standing Committee on National Finance, and parts of the legislative proposal were referred to five Senate standing committees with the appropriate expertise. The Senate had taken a similar order of reference last spring when pre- studying Bill-C-45’s predecessor, Bill C-38. Aside from Bills C-45 and


C-46, other legislative proposals recently been introduced before the Canadian Parliament include Bills C-44, S-12, C-47, and S-13. Bill C-44, the Helping Families


in Need Act, was the first legislative initiative introduced by the government after the 2012 summer recess. It proposes new paid forms of leave for employees who are providing care and support to their critically ill child, or whose child dies or disappears as a result of an offence under the Criminal Code. The amendments that Bill C-44 proposes to the Canada Labour Code and the Employment Insurance Act would permit the suspension of certain type of benefits (such as parental benefits) when the claimants are entitled to other benefits


Development, said: “The government is delivering


on our commitment to support Canadian families by introducing new income supports for them in times of sickness and tragedy. Our government listens to


Canadian families. We know that raising a child is one of the most important responsibilities that someone will ever have, so when a parent has to struggle with illness while balancing other responsibilities, whether at work,


home or both, the whole family is affected. We have heard from families all across this great country about situations where a parent becomes ill soon after a child is born and while the parents are still receiving parental


THIRD READING: BRITISH COLUMBIA


Family Day Act The Family Day Act establishes a new statutory holiday for British Columbians. Five other Canadian provinces (Alberta, Saskatchewan, Manitoba, Ontario and Prince Edward Island) already observe a statutory holiday in February. When Bill 53 was introduced, Hon. Dr Margaret MacDiarmid, MLA informed the House that the government would undertake a consultation process to choose the timing of the new statutory holiday – either the second or third Monday in February. Besides consulting with representatives from tourism


and the broader business sector, input was received from over 31,000 British Columbians in a two-week period (May 8-22, 2012), via a web-based consultation. At Second Reading, based on feedback results, the minister announced the holiday would be held on the second Monday in February each year, starting in 2013. Bill 53 received considerable attention during its


passage through the House. Government members commended the consultation process, the generous timeline for the implementation of the new holiday and the opportunity it would afford British Columbians to enjoy time with their families. While opposition members supported the Bill, the


three Independent members did not. The latter raised concerns about the costs imposed on small businesses by a new statutory holiday. Independent members also questioned the timing and prioritization of this legislation in connection to economic conditions. Both second- and third-reading stages passed, on


division. The Family Day Act received Royal Assent on 31 May, 2012, and the first BC Family Day will be 11 February 2013.


Hon. Diane Finley, MP


(sickness benefits). During debates at second reading, Hon. Diane Finley, MP, Minister of Human Resources and Skills


Limitation Act In 1975, British Columbia was the first jurisdiction in Canada to enact legislation setting an ultimate limitation period for civil lawsuits. An extensive review of the original Limitation Act was initiated with the release of a Green Paper in 2007. In the ensuing three years of consultation, input was sought from the public, consumer groups, and business, legal and health care representatives, whose


work is often exposed to long-term liability risk. In 2010, a draft act was released in conjunction with a White Paper. The Limitation Act that was passed unanimously in


May 2012 replaces the existing statute. It establishes a single two-year limitation period for most civil claims, including breach of contract, wrongful dismissal, personal injury and defamation. Also, the ultimate time limit for filing a civil claim is reduced to 15 years from 30 years. These reforms align with existing laws in Alberta, Saskatchewan, Ontario and New Brunswick. During the Second Reading and Committee Stage


debates, opposition members expressed concern that the two-year limitation period might reduce access to justice for some vulnerable individuals and sought clarification of the kinds of civil cases to be included. The legislation was passed without amendment and will come into force on 1 June 2013 to allow the legal community and other stakeholders time to familiarize themselves with the changes.


Civil Resolution Tribunal Act The Civil Resolution Tribunal Act establishes a new


dispute resolution and adjudicative body that has the authority to hear some strata property disputes and, where the parties agree, small claims matters. The Civil Resolution Tribunal is structured to encourage people to use a broad range of non-litigation-based online dispute resolution tools, the first service of its kind in Canada. At Second Reading, on 8 May 2012, the Attorney


General claimed that the tribunal would provide greater access to justice for all British Columbians, by applying traditional principles of fairness in resolving disputes, facilitating more effective and efficient dispute resolution, and increasing innovation and learning in the administrative justice system. Opposition members raised concerns pertaining to the voluntary nature of participating in the tribunal, the risks to maintaining high quality judicial services with an increased reliance on tribunals, as well as the short time period given for scrutiny and debate of Bill 44. At Third Reading, Bill 44 was reported complete without amendment and passed, on division. It is anticipated that the Act will come fully into force and the tribunal will begin operations in 2014.


The Parliamentarian | 2012: Issue Four | 323


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