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Schulich School of Law, Dalhousie University

2009

Regulation

Articles 1 - 2 of 2

Full-Text Articles in Law

Off The Grid: Federal Jurisdiction And The Canadian Electricity Sector, Ian Blue Oct 2009

Off The Grid: Federal Jurisdiction And The Canadian Electricity Sector, Ian Blue

Dalhousie Law Journal

The author argues that the federal government should empower the National Energy Board to regulate transmission access on provincial electricity systems including the authority to order a provincial utility to construct new facilities, for the purpose of creating a truly national electricity system and facilitating interprovincial and international electricity sales. First, because Canada needs a national regulator who can address the creeping Americanization of the Canadian electricity sector arising from the U.S. legislation and decisions of the Federal Energy Regulatory Commission. Second, because Canada needs a nationalbody to facilitate the movement ofnon-greenhouse gas sources of electricity to markets where it …


Principles, Prescriptions, And Polemics: Regulating Conflicts Of Interest In The Canadian Investment Fund Industry, Dan Awrey Apr 2009

Principles, Prescriptions, And Polemics: Regulating Conflicts Of Interest In The Canadian Investment Fund Industry, Dan Awrey

Dalhousie Law Journal

Conflicts ofinterest permeate the Canadian investment fund industry. In response, securities regulators have promulgated National Instrument 81-107 Independent Review Committee for Investment Funds. In the view of securities regulators, NI 81-107 reflects a "principles-based" approach toward the regulation of conflicts of interest. This Article articulates a theoretical conception of principles-based securities regulation, one which transcends the formalism of the traditional "rules" versus "principles" debate to reveal a new regulatory paradigm. Thereafter, the author explores whether and to what extent NI 81-107 truly reflects this principlesbased paradigm, manifesting the potential to tap into its inherent wisdom while at the same time …