The Tax Law Team of
the Bijuralism & Drafting Support Services Group of the
Department of Justice of Canada is pleased to keep you posted on the most
recent harmonization news.
David Duff's Presentation in
Ottawa:
On
July 3 and 4, 2003, professor David Duff of Osgood Hall (University of
Toronto) will be presenting his paper entitled The Federal Income Tax
Act and Private Law in Canada: Complementarity, Dissociation, and Canadian
Bijuralism to a number of Federal government representatives. His paper deals with the
impact of provincial laws on
the interpretation and application of Canadian federal statutes. Professor Duff analyzes the
interaction between federal and provincial legislation both from the perspective of the
civil law of Quebec and the common law of the other Canadian provinces
with a particular emphasis on Ontario. He studied over 50 years of
jurisprudence and demonstrated that, where federal legislation is silent
or incomplete, provincial law comes into play to complete and give meaning
to federal legislation. Professor Duff also studied the anticipated impact
of the new interpretation rules in 8.1 and 8.2 of the Interpretation
Act on tax legislation.
Research Paper on Canadian
Bijuralism:
Josée
Vigeant produced a preliminary report entitled La prescription des dettes
fiscales : tout se joue avec 6 ans! (French only). In this preliminary report, she
analyses the Markevich decision as well as the limitation
periods that apply to the collection of federal tax debts and the
interruption and suspension of limitation periods. She will produce her final report
in the weeks to come. The
preliminary report, and eventually the final report, are available to all
who are interested in reviewing them and providing us with feedback.
Program for Research
Contracts on Canadian Bijuralism:
The
5th edition of the Program will soon be launched. We adjusted the terms and
conditions of the Program in light of the comments received from the
students and professors : the expected length of the research
proposals will be shorter and applications can now be submitted at
any time during the school year. The new terms and conditions of the 5th
edition of the Program will be available on Department of Justice website starting August 15,
2003.