Reports to the
Uniform Law Conference of Canada sponsered by the Law Refrorm
Commission of Saskatchewan
Special Publications:
Administrative Law
Model Code
of
Administrative Procedure for
Saskatchewan Administrative Tribunals (October, 2005) This publication is a handbook for members
of boards, commissions, and
tribunals that make decisions affecting the rights and responsiblities
of citizens.
"Boards,
commissions, and review panels have become an important part of
the administration of justice in Saskatchewan.
These
“administrative tribunals” make decisions in a wide range of cases
affecting Saskatchewan residents and businesses.
Nearly fifty
tribunals adjudicate disputes between citizens and government agencies.
This Model
Code is designed to contribute to the fairness and efficiency of
Saskatchewan tribunals. It provides a basic set of
procedural
rules that can be adopted by most tribunals, or used as a starting
point for creating a procedural code adapted to
specific
needs." (from the Introduction).
This
publication may also be purchased FOR $10 in a bound, index-tabbed
format.
Handbook
of
Professional Disciplinary Procedure (March 2007)
"This handbook is a guide to procedure in disciplinary investigations
and hearings conducted by most professional associations in
Saskatchewan. Of the 50 self-governing professions in the province, 29
are governed by legislation that incorporates what can be called the
“standard model” of disciplinary procedure. The handbook follows the
stages of discipline proceedings under the “standard model” from
receipt of the complaint to assessment of the penalty.
The handbook directs attention to statutory requirements and explains
them. Decision of the courts and the general law governing procedure
are discussed when they are relevant." (from
the
Introduction).
This
publication may also be purchased FOR $10 in a bound, index-tabbed
format.
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About
our recent publications
Consultation
Paper: Renewing The Privacy Act
The
Saskatchewan Privacy Act was adopted in 1972. Its principal
innovation was the creation of a tort of invasion of privacy. It
was anticipated that the courts would develop the new tort, but
this did not happen. There have been very few cases under the
Saskatchewan Privacy Act or its counterparts in other provinces.
In recent years,
the focus of efforts to protect privacy has been on specific
legislation, directed at regulation of disclosure of personal
information. But there are still gaps in the recent legislation.
As technology changes and the focus of public concern shifts,
unexpected new problems can be expected to emerge. It can be argued
that The Privacy Act remains a useful complement to more specific
legislation.
This consultation
paper discusses two questions: First, is there a place for a
broad, open-ended tort of invasion of privacy? Second, can The
Privacy Act be improved to better define the scope of the tort to make
it a more attractive remedy for invasion of privacy?
Consultation Paper: Appeals from
Exercise of Statutory Powers of Decision
This
paper
is concerned with appeals to the courts from decisions directly
affecting individuals that are made by officials under statutory
authorization. Such appeals are usually provided for by statute.
However, there is a lack of consistency in the form and scope of
statutory appeal rights, and there are some statutes that do not
provide for appeals. This paper is intended to be the first step
toward rationalization of appeal rights. It reviews the current law,
and formulates a series of questions for discussion about the form and
content appeal provisions should have.
It should be noted
that this paper does not discuss imposition of what the governing
legislation refers to as "administrative penalties". These
penalties require separate consideration, and will be discussed by the
Commission in another paper.
Consultation Paper Administrative Penalties
Administrative
penalties
are a new means of enforcing compliance with regulatory
legislation. They are monetary penalties assessed and imposed by a
regulator without recourse to a court or independent administrative
tribunal. It has been suggested that administrative penalties are
appropriate tools "to engender compliance and cooperation from the
‘regulated community', to secure environmental or consumer
protection." However, because they do not involve the courts or
tribunals at first instance, questions have been raised about the
extent to which procedural fairness may be compromised when
administrative penalties are imposed. This consultation paper
discusses such issues as notice and disclosure requirements, hearing
requirements, and perhaps most importantly, rights of appeal.
This consultation
paper discusses the legal issues affecting administrative penalties,
and poses questions about appropriate procedure for the consideration
of both regulators and their clients. In addition, the Commission is
particularly interested in learning about the experience of regulators
and clients with administrative penalties.
Consultation
Paper: Consultation Paper on Corporate Fiduciary Services:
Should corporate trustees and fiduciaries other than trust companies be
permitted?
At present, only trust
companies are permitted to act as corporate trustees, executors,
and administrators in Canada. This n approach has provided
significant protection against breaches of trust and insolvency
of fiduciaries. However, trust companies have increasingly become
multi-purpose financial institutions. The trust and fiduciary part of
their business has diminished in importance. At the same
time, because of our aging population, more people require assistance
to manage the wealth they have accumulated over a lifetime, and may
require a variety of fiduciary services. In other jurisdictions,
including the United States, Britain, and other Commonwealth countries,
trust and fiduciary services are more widely available, and more varied
in content. This consultation paper examines the law governing
corporate trustees and fiduciaries in Saskatchewan, and asks whether
the monopoly on trustee services currently possessed by trust companies
is still necessary.
This project is
part of the Commission's focus on legal issues affecting the
elderly. As Saskatchewan's population ages, these issues will
become increasingly important.
Consultation paper: Vaccination and the Law
Childhood vaccination programs have been
described as "a cornerstone of improving the health of people
worldwide, " Most people in Saskatchewan take the benefits of
vaccination for granted, and the province has a successful, publicly
funded and delivered childhood vaccination program. However, the
Commission has identified emerging issues that could threaten public
confidence in vaccination programs. Some of these concerns raise legal
s well as medical issues.
The consultation
paper outlines four issues that are currently being discussed and
debated in Saskatchewan and elsewhere in Canada, the United States, and
Europe.
1. Compensation
for vaccine-related injury
2. Mandatory
vaccination
3. Informed
consent and refusal
4. Reporting
adverse effects
The Commission's
consultation paper is intended to provide background for public
discussion and debate of the issues it identifies.
Report
on Private Title Insurance
The Law Reform Commission of Saskatchewan
has collaborated with the Manitoba Law Reform Commission to produce a
report on Private Title Insurance. The report is a joint report
by the two Commissions. The report considers the effects of title
insurance within the context of residential real property conveyancing
and contains 15 recommendations aimed at protecting the interests of
residential property owners and purchasers and protecting the public
land registration system, while ensuring freedom of choice for
consumers.
Report
on Family Financial Arrangements: Guarantees
Guarantees
of
loans financial
institutions by a family member of the borrower are common, and
are often a way in which a parent can help an adult
child financially. Unfortunately, intra-family guarantees can
also lead to
misunderstanding. Potential problems are greatest if the
guarantor is a vulnerable elderly person. In such cases, the financial
transaction may amount to elder abuse. Thuis report recommends
consumer protection measures to protect guarantors, including enhanced
mandatory disclosure of the legal effects of guarantees by financial
institutions.
Report on
Reverse Mortgages
Reverse mortgages, loans granted to seniors citizens that are repayable
only when the borrower sells or leaves the home that secures the
loan, have become popular in recent years. A reverse mortgage can
provide access to home equity for cash-poor seniors, but critics
suggest that the true cost of these loans is high, and that borrowers
forced to move for health or other reasons may find the reverse
mortgage is a problem. This report recommends regulation of reverse
mortgages, including disclosure requirements to insure that consumers
are fully informed about the effect of reverse mortgages.
