Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50880
EDITOR'S BOX By Kelly Harris INHOUSE Group Publisher: Karen Lorimer Editorial Director Gail J. Cohen Editor: Kelly Harris Staff Writer: Glenn Kauth Copy Editor: Neal Adams Creative Director: Einar Rice Art Director: Bill Hunter Account Co-ordinators: Alice Chen & Catherine Giles Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2009 G.S.T. Registration #R121349799 Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (905) 713-4342 E-mail: kpascoe@clbmedia.ca Law Firms: Karen Lorimer Tel: (905) 713-4339 E-mail: klorimer@clbmedia.ca Kathy Liotta Tel: (905) 713-4340 E-mail: kliotta@clbmedia.ca Sales Co-ordinator: Sandy Shutt Tel: (905) 713-4337 E-mail: sshutt@clbmedia.ca Canadian Lawyer Magazine Inc. President: Stuart J. Morrison Canadian Lawyer InHouse is published 6 times a year by Canadian Lawyer Magazine Inc., 240 Edward St., Aurora, Ont. L4G 3S9 (905) 841-6480 Fax: (905) 727-0017. E-mail: canlawmag@clbmedia.ca Web: www.canadianlawyermag.com/inhouse All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsi- bility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. To subscribe Call 1-888-743-3551 x4355 or e-mail kschulz-lacey@clbmedia.ca RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 240 EDWARD ST., AURORA, ON L4G 3S9 Indexed in the Canadian Periodical Index www.canadianlawyermag.com/inhouse Is bill C-12 destined for the scrap heap? of one as this edition of Canadian Lawyer InHouse is being delivered to offices around the country. Depending on the outcome and A timing of the next federal election, Canada's laws covering economically embattled individuals and companies could once again fall with the govern- ment that introduced them. Of course, bill C-12, an act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act, and chapter 47 of the Statutes of Canada, 2005, could be fully implemented by the end of June. Somehow I doubt it, and the government has given no indication this will happen. The amendments received royal assent in December 2007, at press time few of the changes have been brought into force. One could argue the only pieces brought into force are the ones with political advantages, such as the Wage Earners Protection Program Act, a potential safety net for those who lose their jobs due to a company's bankrupt- cy. What about the other, less politi- cally advantageous changes? Well, the last update from the government was enactment by March 2009 or later. We contacted Industry Canada for this edition's cover story, "Legislative limbo" on page 14, to ask for a time- line for implimenting bill C-12. What we got was an affirmation about the importance of the law and the need ll signs are pointing toward a federal election in Canada sooner rather than later. In fact we may be in the midst to bring it fully into force. What we didn't get was any sort of timeline or even a "we hope to have it done by" date. So, it looks like "or later" is more accurate. Regardless of how you feel about the amendments, the idea we can have Canadian law that is sound enough to make it through the House of Commons, the Senate, and receive royal assent, yet is not ready to be brought into force more than a year later, must raise questions. There are other implications. For example, if bill C-12 is not enacted because of the outcome of an election, it'll be the fourth time in the last 30 years the legal, business, and political community has embarked on chang- ing the law, only to see government change instead. Bill C-12 already marks the sixth time in the past 30 years that a govern- ment sought to change the laws. In that time, only twice has a government been successful. It's enough to make you question our political process and the way we build laws entirely. Especially laws so complex they take more than a year to enforce after being passed through Parliament. If in fact bill C-12 is scuttled as a result of an election, the experts in the field may be less inclined to engage in the process in the future. And that is bad for any process of rebuilding a country's laws. While governments can be changed, the experts we rely on for advice help provide our country with consistency. Then again, the failure of governments to enact bankruptcy laws is just about as consistent as you can get. IH INHOUSE JUNE 2009 • 3