Description of the Strategy

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Description of the Strategy

Commercial Law Strategy - Description of the Strategy

Purpose and scope of the project

The aim of the Commercial Law Strategy is to modernize and harmonize commercial law in Canada, with a view to creating a comprehensive framework of commercial statute law which will make it easier to do business in Canada, resulting in direct benefits to Canadians and the economy as a whole.

Following consultations with representatives of governments (provincial, federal and territorial), business groups, law reform organizations, academics and others, the Commercial Law Strategy was adopted by Deputy Ministers of Justice and approved by all Ministers of Justice in December 1999 with a commitment to provide funding to permit it to move forward.

In March 2005, Clark Dalton, Q.C., assumed the position of Projects Coordinator for the Strategy, previously occupied by Tony Hoffmann and Hélène Yaremko-Jarvis. Mr. Dalton holds an Honours Degree in Commerce as well as a degree in Law and a Diploma in Legislative Drafting. Mr. Dalton was formerly with Alberta Justice as the Director of Legal Research and Analysis.

The Projects Coordinator's role with respect to the projects currently underway within the Commercial Law Strategy is one of facilitation and research in support of working group efforts.

Endorsements

The Strategy has enjoyed the enthusiastic support of all Canadian sectors sharing an interest in the modernization and harmonization of commercial law. A number of business, professional and other organizations have over the ensuing years have endorsed the Strategy.

List of Endorsers

List of Endorsers with Descriptions

Stakeholder Involvement

All of the Projects undertaken by the Strategy have stakeholder involvement in the development of policy and the development of Uniform legislation. These stakeholders are leaders in their fields in Canada on the specific topics undertaken. All of the Projects also involve participation by representatives of our two legal traditions in Canada: the Common Law and the Civil Law.

International Co-operation

In the last few years the Strategy has been involved in a process of formal co-operation with the National Conference of Commissioners on Uniform State Laws in the United States and the Mexican Conference of Commissioners on Uniform State Laws in Mexico with a view to harmonizing the legal framework across North America. Much of this work will center on initiatives involving the commercial legal infrastructure.

What has the Strategy achieved to date?

Since the inception of the Strategy, over 26 Uniform Acts or amendments to Uniform Acts have been adopted by the Conference. Two recommendations were made to the Government of Canada and over 9 Projects are ongoing. Although it is recognized that there is limited space on the legislative agendas of the provinces, territories and the federal government, there has been a general acceptance of the CLS initiatives with many Uniform Acts or amendments being adopted or under consideration.

The Strategy has also published a Commercial Law Strategy Binder, together with yearly updates, outlining all of the Uniform Acts, Amendments, Reports to the Government of Canada and Completed Projects. An Annual Newsletter, in electronic form, is also published outlining events throughout the year. Copies of both the Binder and the Newsletter may be obtained by contacting the Projects Coordinator by telephone (780) 482-5192 or e-mail at strat@ulcc.ca.

New Projects?

Any individuals or organizations with who might have suggestions for possible Projects to be undertaken by the Strategy should contact the Projects Coordinator by telephone (780) 482-5192 or e-mail at strat@ulcc.ca.

Information on the Strategy

For information on any matters relating to the Strategy, contact the Projects Coordinator by telephone (780) 482-5192 or e-mail at strat@ulcc.ca.

Advisory Committee on Program Development and Management

In 2005, a Supervisory Committee was established to oversee the Strategy. In 2007, the Committee took on a broader role of program development and management of all Civil Section Projects in addition to overseeing the work of the Strategy. The members of the Committee are as follows:

Chair

Peter J. M. Lown, Q. C.
Director,
Alberta Law Reform Institute,
Edmonton, Alberta

Members

Susan C. Amrud, Q. C.
Executive Director,
Public Law Division,
Community Justice Division,
Saskatchewan Justice,
Regina Saskatchewan

Jennifer Babe (CBA – National)
Miller Thomson LLP
Toronto, Ontario

Arthur L. Close, Q. C.
Executive Director,
British Columbia Law Institute,
Vancouver, British Columbia

Christopher P. Curran
Deputy Minister,
Department of Justice,
St. John’s, Newfoundland.

Russell Getz
Counsel
Civil/Family Law Policy
Policy, Planning & Legislation Branch,
Ministry of Attorney General,
Victoria, British Columbia

Darcy McGovern
Crown Counsel,
Legislative Services
Saskatchewan Justice,
Regina, Saskatchewan

Vincent Pelletier
avocat
Direction de la législation
Ministère de la Justice
Québec, Québec

Lynn Romeo
General Counsel
Civil Legal Services
Manitoba Department of Justice,
Winnipeg, Manitoba

Kathryn Sabo
General Counsel
International Private Law Section,
Public Law Group
Department of Justice Canada,
Ottawa, Ontario

Gregory Steele, Q. C.
Steele, Urquhart Payne
Barristers and Solicitors,
Vancouver, British Columbia

John Twohig
Senior Counsel,
Policy Division
Ministry of the Attorney General
Toronto, Ontario.

Elizabeth Strange
Solicitor and Acting Queen’s Printer Office of the Attorney General
Government of New Brunswick
Fredericton, New Brunswick.

Nolan Steed, Q. C.
Director, Legislative Reform,
Constitutional and Aboriginal Law,
Justice and Attorney General
Edmonton, Alberta

Luc J. Labonté
Crown Prosecutor,
Department of Justice and Attorney General
Moncton, New Brunswick

Abiodun Lewis
Counsel, Policy Division
Ministry of the Attorney General
Toronto, Ontario

W. Dean Sinclair
Director of Appeals
Public Prosecutions
Saskatchewan Justice
Regina, Saskatchewan

ULCC/CHLC

Claudette N. Racette
Executive Director / Directrice administrative,
ULCC/CHLC
Ottawa, Ontario.

Clark W. Dalton, Q. C.
Projects Coordinator,
Commercial Law Projects,
Edmonton, Alberta.