Law Commission of Canada Act (S.C. 1996, c. 9)

Act current to 2013-04-29 and last amended on 2005-04-01. Previous Versions

Law Commission of Canada Act

S.C. 1996, c. 9

Assented to 1996-05-29

An Act respecting the Law Commission of Canada

Preamble

WHEREAS, after extensive national consultations, the Government of Canada has determined that it is desirable to establish a commission to provide independent advice on improvements, modernization and reform of the law of Canada, which advice would be based on the knowledge and experience of a wide range of groups and individuals;

AND WHEREAS the Government adopted the recommendations arising from those consultations that the commission should be guided by the following principles, namely,

the commission’s work should be open to and inclusive of all Canadians and the results of that work should be accessible and understandable,

the commission should adopt a multidisciplinary approach to its work that views the law and the legal system in a broad social and economic context,

the commission should be responsive and accountable by cooperating and forging partnerships with a wide range of interested groups and individuals, including the academic community,

the commission should employ modern technology when appropriate and be innovative in its research methods, its consultation processes, its management practices and its communications in order to achieve efficiency in its operations and effectiveness in its results, and

the commission should take account of cost-effectiveness and the impact of the law on different groups and individuals in formulating its recommendations;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Law Commission of Canada Act.

ESTABLISHMENT OF COMMISSION

Marginal note:Commission established

2. There is hereby established a corporation, to be called the Law Commission of Canada.

PURPOSE, POWERS AND DUTIES OF COMMISSION

Marginal note:Purpose

3. The purpose of the Commission is to study and keep under systematic review, in a manner that reflects the concepts and institutions of the common law and civil law systems, the law of Canada and its effects with a view to providing independent advice on improvements, modernization and reform that will ensure a just legal system that meets the changing needs of Canadian society and of individuals in that society, including

  • (a) the development of new approaches to, and new concepts of, law;

  • (b) the development of measures to make the legal system more efficient, economical and accessible;

  • (c) the stimulation of critical debate in, and the forging of productive networks among, academic and other communities in Canada in order to ensure cooperation and coordination; and

  • (d) the elimination of obsolete laws and anomalies in the law.

Marginal note:Powers

4. In furtherance of its purpose, the Commission may

  • (a) undertake, promote, initiate and evaluate studies and research;

  • (b) support, publish, sell and otherwise disseminate studies, reports and other documents;

  • (c) sponsor or support conferences, seminars and other meetings;

  • (d) facilitate and support cooperative efforts among the Commission, governments, the academic community, the legal profession and other organizations and persons interested in the Commission’s work;

  • (e) acquire any money, securities or other property by gift, bequest or otherwise and hold, expend, invest, administer or dispose of that property, subject to any terms on which it is given, bequeathed or otherwise made available to the Commission;

  • (f) generate revenues through the provision of goods or services;

  • (g) expend during a fiscal year any money provided by Parliament or received from other sources in that year through the conduct of its operations, subject to any terms on which the money was provided or received; and

  • (h) do all such things as are conducive to the furtherance of its purpose.

  • 1996, c. 9, s. 4;
  • 2001, c. 4, s. 98(F);
  • 2004, c. 25, s. 143(F).
Previous Version
Marginal note:Duties

  • 5. (1) The Commission shall

    • (a) consult with the Minister of Justice with respect to the annual program of studies that it proposes to undertake;

    • (b) prepare such reports as the Minister, after consultation with the Commission and taking into consideration the workload and resources of the Commission, may require; and

    • (c) submit to the Minister any report that it has initiated itself or on the request of the Minister.

  • Marginal note:Minister’s response

    (2) The Minister of Justice shall respond to the Commission with respect to any report that the Minister receives from the Commission under this section.