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Highlights
FOREIGN INVESTMENT
The Expropriation and Arbitration Provisions in Canada's
New Foreign Investment Protection and Promotion Agreement: Private Property
Rights Versus Public Policy Prerogatives
James P. McIlroy
Canada's recently updated Foreign Investment
Protection and Promotion Agreement ("FIPA") model dilutes
investor protection in NAFTA expropriation and Investor-State
arbitration provisions. Expropriation rights have been modified by the
clarification of "indirect expropriation." As James McIlroy
explains, the changes in the new FIPA model reflect lessons learned from
the NAFTA experience and make it clear that private investor rights are
not paramount and can be overridden by a sovereign state's policy
objectives.
PRIVACY
Personal Health Information Protection Act, 2004 –
Impact on Health Research Activities
Antonella Penta
The recently enacted Ontario Personal Health
Information Protection Act, 2004 ("HIPA") is expected to
directly affect research activities in Ontario. Researchers may meet the
definition of a Health Information Custodian and as such, would have to
comply with HIPA. As Antonella Penta explains, researchers who do not
meet the definition of a Health Information Custodian could also be
affected since Health Information Custodians can only release Personal
Health Information to a non-Custodian researcher who had implemented
protection procedures and obtained the Privacy Commissioner's approval.
MONEY LAUNDERING
Chasing the Circle of Money: A Brief Overview and
Prospectus on the Proceeds of Crime (Money Laundering) and Terrorist Financing
Act
H. Scott Fairley, Sarah Neville
Following 9/11, terrorist financing and money
laundering legislation gained new importance. In response to its
international obligations, Canada amended its Proceeds of Crime
(Money Laundering Act), now titled Proceeds of Crime (Money
Laundering) and Terrorist Financing Act. Scott Fairley and Sarah
Neville argue that the amended legislation and the terrorist financing
provisions of the Anti-Terrorism Act now impose considerable
burdens upon those engaged in business activity and those in public
enforcement.
PRIVACY
Preparing for Privacy Compliance in British Columbia
Howard L. Ehrlich
British Columbia is one of the four provinces in
Canada that, in order to opt out of the otherwise federally mandated
privacy protection legislation, have recently adopted their own
legislation. Howard Ehrlich examines British Columbia's legislation, the
Personal Information Protection Act, which regulates the
collection, use and disclosure of personal information, and allows
individuals access to correct that information.
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Board
Grant K. Weaver
Editor-in-Chief
Bull, Housser & Tupper
Edward P. Belobaba
Barristers & Solicitors
David A. Chaikof
Torys LLP
Edward C. Chiasson, QC
Borden Ladner Gervais LLP
Riyaz Dattu
McCarthy Tétrault LLP
H. Scott Fairley
Theall & Associates
Paul M. Lalonde
Heenan Blaikie
John Lorn McDougall, QC
Fraser Milner Casgrain LLP
James P. McIlroy
McIlroy & McIlroy Inc.
Julie A. Soloway
Davies Ward Phillips & Vineberg LLP
Brenda C. Swick
Ogilvy Renault |
