CANADA
Supreme Court of Canada struck down Canada’s prostitution laws and gave Parliament a year to come up with a new approach. The case revolved around sections of the Criminal Code that, in order to prevent prostitution from being a public nuisance, prohibit keeping a bawdy-house, living on the avails of prostitution, and communicating in public for the purposes of prostitution. The Court agreed with the plaintiffs
that these provisions put the safety and lives of prostitutes at risk, as they prevent them from, for example, hiring security guards or screening potential clients. The Court ruled that the
provisions are inconsistent with the Canadian Charter of Rights and Freedoms, specifically section 7, which reads: “Everyone has the right to life, liberty and security of the person and the
right not to be deprived thereof except in accordance with the principles of fundamental justice.” The Court said that while Parliament has the power to pass laws against public nuisances, it cannot do so at the expense of prostitutes’ health and safety. In February, Hon. Peter MacKay, MP, Minister of Justice, said legislation would be introduced well before the December 2014 deadline set by the Court.
THIRD READING: QUÉBEC
The National Assembly of Québec undertook its fall sessional period on 17 September 2013. It passed 12 Bills during the period, including 11 unanimously, in sectors ranging from the social economy to mining.
Bills in response to the Lac-Mégantic Railway accident The first Bill passed was in response to the tragedy that occurred on 6 July 2013, in Ville de Lac-Mégantic. A train carrying 72 tank cars of crude oil derailed, causing an explosion that decimated the town centre. In addition to taking the lives of 47 people, the tragedy caused considerable damage to the environment and the economy. In the circumstances, the National Assembly had to act quickly to facilitate a return to normal life and the resumption of normal activities in the community. During the first week of Assembly proceedings in September, the MNAs
set aside certain rules governing the legislative process in order to pass Bill 57, An Act in response to the 6 July 2013 railway disaster in Ville de Lac-Mégantic. To foster continuity in the administration of the municipality, the Act deferred to 2015 the general municipal elections to be held in Lac- Mégantic, as throughout Québec, in the fall of 2013. The Act also contains a number of measures to help the town meet certain needs, ensure safety and re-organize its territory. Similarly, on 6 December 2013, the Assembly passed a Bill establishing a special procedure to replace and reconstitute some 100,000 notarial deeds destroyed in the disaster.
Social economy On 10 October 2013, the Assembly unanimously passed Bill 27, the Social Economy Act. This framework Act recognizes the contribution of the social economy to the socioeconomic development of Québec, within numerous sectors of activity. Two organizations grouping together social economy enterprises —the
Chantier de l’économie sociale and the Conseil Québécois de la Coopération et de la Mutualité—are designated as the government’s primary interlocutors. In collaboration with these organizations, the government must adopt an action plan before 1 April 2014, that includes reporting mechanisms as regards to the commitments it contains and the actions of the administration with respect to the social economy. Moreover, the Act provides that ministers must take the social economy
into consideration in their measures and programmes, and promote initiatives in this field in Québec and abroad.
Farm land On 30 October, the Assembly passed Bill 46, An Act to amend the Act respecting the acquisition of farm land by non-residents. Under its terms, non-residents who intend to buy farm land must live in Québec for 36 out of the 48 months that precede or follow, as the case may be, an acquisition of farm land. Furthermore, the Act limits the total area of farm land that the Commission de protection du territoire agricole du Québec may authorize to be acquired in a year by persons who do not intend to settle in Québec.
Public infrastructures The Assembly passed a second Bill on 30 October, establishing governance rules for public infrastructure investment planning and public infrastructure management. Two organizations, the Société immobilière du Québec and Infrastructure Québec, were amalgamated to form a joint-stock company called the “Société québécoise des infrastructures”. The Société’s main mission is to support public bodies in managing their
public infrastructure projects. In addition, the Conseil du Trésor will be required, each year, to propose to the government a plan for the public infrastructure investments to be made by government bodies over the following 10-year period. Ministers will be required to draw up and submit an annual management plan for the public infrastructure investments made by each minister’s department and by the public bodies under his or her authority.
Voluntary retirement savings plans Bill 39, the Voluntary Retirement Savings Plans Act, passed on 3 December, follows up on the report of the Expert Committee on the Future of the Québec Retirement System (D’Amours Report), tabled in the Assembly on 18 April 2013. It creates, effective from 1 July, 2014, a type of retirement plan that is accessible to all individuals, including self-employed workers. Employers having five or more eligible employees who do not have a retirement plan must automatically enroll those employees in a plan, but are not required to contribute to the plan themselves. Employees have the right to renounce membership of the plan. It is
up to individual plan members to determine their own rate of contribution to the plan. Voluntary retirement savings plans are to be administered by insurers, trust companies or investment fund managers who must hold an authorization granted for that purpose by the Autorité des marchés financiers. The plans must be registered with the Régie des rentes du Québec.
On 4 February 2014, Hon.
Pierre Poilievre, MP, Minister of State for Democratic Reform, introduced legislation making significant amendments to the Canada Elections Act. The 242-page bill, known as the Fair Elections Act, will make a number of changes to the role of the Chief Electoral Officer and establish a 10-year term for that office rather than requiring him or her to retire at age 65. The Bill will also limit
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