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Human Resources committee  I am not sure I understood correctly. If I understood the question, it's asking whether this piece of legislation takes regulation and puts it in the act, whereas it should be more properly left in the regulations.

May 31st, 2007Committee meeting

Luc Leduc

Human Resources committee  It's a choice for the committee. Leaving it in the regulations obviously gives more flexibility, and you wouldn't have that particular--

May 31st, 2007Committee meeting

Luc Leduc

Human Resources committee  Mr. Chair, I'll take the question. I'm with the Department of Justice. I just have to say that I can't provide legal advice to the committee, but I am pleased to provide my comprehension of the bill and the effect on the transfer payments. The way Bill C-284 operates, there woul

May 31st, 2007Committee meeting

Luc Leduc

Human Resources committee  Mr. Chairman, Ms. Dhalla, you'll understand I'm with the Department of Justice and I do not provide opinions per se to the committee. We do collaborate.... The committee has a legislative counsel who can provide just as good research and will go into the details and provide that

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  The opinions we provide are for the minister, and we haven't provided one to the minister. So I would defer to your legislative clerk, who has all the expertise required to provide the committee with excellent advice.

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  I'm not familiar with all the practices. Someone else may be. The provision has been a subject of case law and CIRB decisions, but I wouldn't know how it's been used in practice overall.

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  You are correct, there is jurisprudence.

February 13th, 2007Committee meeting

Luc Leduc

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  It depends on how you define essential services. Obviously in your first question you referred to the legislation in British Columbia and the legislation in Quebec, and you said maybe different results could occur if this legislation were enacted under the Canada Labour Code. Tha

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  That's correct.

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  I would be pleased to. Subsection 87.4(1) provides the principle whereby employers, employees, and bargaining agents have a duty to essentially continue to provide services and production of goods to “prevent an immediate and serious danger to the safety or health of the public”

February 13th, 2007Committee meeting

Luc Leduc

Human Resources committee  No, we have not.

February 13th, 2007Committee meeting

Luc Leduc