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Administrative Law

Raising the AMPerage

January 10th, 2011 | By Michael Osborne | Posted in Administrative Law, Competition Law

AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions.

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Are Lobbyists Citizens?

September 7th, 2010 | By Michael Osborne | Posted in Administrative Law

“Clarifications” from Canadian Lobbying Commissioner may prevent lobbyists from being members of political parties. On August 23, 2010, the Commissioner of Lobbying of Canada Karen Shepherd issued “clarifications” on when political activities by lobbyists create a conflict of interest. Unfortunately, these clarifications lack specifics and the Commissioner’s restrictions on political activities by lobbyists remain too broad. Indeed, they may bar some lobbyists from joining political parties.

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