Dissertations / Theses on the topic 'Telecommunication – Law and legislation – Saskatchewan'
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1
Alarcon, Richard Alfred. "An assessment of the impact of the European single market act on the United States' telecommunications industry and market." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29786.
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Kaul, Ranjana 1951. "Regulation of satellite telecommunications in India." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83954.
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Commercialization of space activities particularly harnessing satellites for telecommunication in the 1970's is perhaps the most dynamic development of the twentieth century comparable only to the industrial revolution of the seventeenth century. The possibilities of civilian applications of satellite technology confined to its military use until the recent past has raised urgent questions of policy and regulations both nationally and internationally.The main objective of the thesis is to review the development of satellite telecommunication with particular reference to India. The thesis assesses the present access status and the regulatory regime, analyzes general challenges of deregulation including concerns of national security, fair competition, equal opportunity for service providers and manufacturers and above all consumer protection. It examines the how the Canadian CRTC and American FCC are addressing the current challenge posed by rapid technological developments and consequent convergence of telecommunications and broadcasting as well as lessons India could learn from the Canadian and American experiences. Finally suggestions are made for a possible logical direction for India's future telecom policy, in particular and the commercialization of space activities, in general.
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Wong, Man-him, and 黃文謙. "Government's role in information technology: a case study of the deregulation of the Hong Kong telephone services." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31974648.
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Rodríguez, Serrano Virginia. "Trading with space resources : the forces of privatization and commercialization applied to satellite telecommunications through ITU and WTO." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30322.
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Outer Space no longer represents a quiet mean where governments place their satellites in order to cover the communications needs of their people. Technological developments and the increase of economic benefits deriving from telecommunications have caused the proliferation of megacarriers located on a world-wide basis and the treatment of telecommunications as a business product. In this scenario, the International Telecommunication Union and the World Trade Organization separately rule the development of telecommunications via satellite, affecting national regulations and, at the same time, the evolvement of the pattern in commercial relations among the companies who develop satellite telecommunications in outer space. This thesis illustrates the state of the liberalization of telecommunications and the main national obstacles for its achievement. This study thoroughly analyzes the functioning of the two leader organizations, ITU and WTO, and the regulations that they are enacting. Additionally, the thesis analyzes the most practical and new problems that influence their structure, such as the new technological developments, the role of national regulations of some countries, and the privatization of intergovernmental organizations. Moreover, the thesis examines the increase in the demand of space resources and the introduction of market mechanisms to the attribution of orbital slots and frequencies, due to the increase of private actors, and concludes with the proposal of possible models of cooperation between the two leader organizations. ITU and WTO, in order to rationally and efficiently deal with ruling telecommunications.
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Jayapravitra, Yudh. "Telecommunications regulation in the convergence era : developing a theory of divergent regulation, a divergent licensing model, and the NTC licensing model." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609073.
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Simard, Caroline J. 1971. "Le principe réglementaire de neutralité techno-économique comme outil instrumentant des réseaux de nouvelle génération /." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115655.
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This thesis defends the importance of a standardized designation for the principle of technological neutrality pertaining to the Next-Generation Network (NGN) migration within a competition regime. Renaming this as the principle of techno-economic neutrality would clearly demarcate its role as promoter of inter-technological competition as well as justify the necessity of grouping the three regulatory principles of technological neutrality, competition neutrality, and network neutrality followed by their integration into the World Trade Organisation (WTO) Reference Paper. The first part introduces the theoretical foundations to better define what it is and what it is not; the principle of techno-economic neutrality supports neither a total state non-intervention nor a progress reduced to a technical progress. The second part describes the parameters of the unanimous definition of the regulatory principle of techno-economic neutrality for the information and communication sectors considering competition and convergence. The triplets of neutrality would offer two guaranties: a regulatory burden balanced between the different suppliers of substitutable services and the emergence of an information and communication society protective of democratic values.Mots-cles: Neutralite technologique, neutralite de la concurrence, neutralite de reseau, concurrence, convergence, technologies de l'information et de la communication, telecommunications, radiodiffusion, progres, progres technique, progres social, Organisation mondiale du commerce, OMC, Document de reference, reseaux de nouvelle generation, societe de l'information et de la communications, determinisme, interactionnisme, regulation, principe reglementaire, cadre reglementaire, reforme reglementaire, droit des telecommunications, droit des communications, droit des technologies de l'information et de la communication
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Gómez-Pérez, Alfredo. "Mexican telecommunications : a study of privatization of the state monopoly and opening of the market to competition." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33356.
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A little over 10 years ago the Mexican government privatized Telefonos de Mexico, S.A. (Telmex), the telecommunications monopoly that had dominated the market since 1948 and had become a government-owned company in 1976. This thesis focuses on the company's privatization and on the regulatory framework that resulted, analyzing the achievement of the objectives set with the purpose of liberalizing the market and opening it to competition and foreign investors.The main issues addressed are the regulatory framework of Mexican telecommunications, the players involved, interconnection of their networks, foreign investment in Mexican telecommunications, licensing of radio frequencies, rate regulation, universal service obligations, and the international scenario in liberalization of trade in telecommunication services and the relating international instruments, insofar as they relate to the Mexican experience.
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Fernández-Briseño, Raúl. "Legal aspects of telecommunication satellites operation and financing." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19641.
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Over the last years the demand for satellite communication services has been increased. Global and domestic regulatory developments and support, as well as the emerge of new services, have facilitated launcMng capabilities and reduced the costs of manufacturing, launching and operating the satellites. Financing the telecommunication satellite systems is one of the most relevant issues that prospective satellite operators face on these days. Mstitutional lenders require adequate legal advise in order to properly instrument multimillion transactions where securitization is not enough clear and risks are extremely Mgh. TMs work analyzes the most important sources of financing of telecommunication satellites and the most adequate legal structures and methods based in legislation, legal cases, jurisprudence, doctrine, and legal practice.
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Guermazi, Boutheina. "Bridging the digital divide : beyond the basic telecommunications agreement towards a global universal service and access regime." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84211.
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A tremendous disparity exists between the few countries with expansive access to information and communications technologies, and the many others still lacking the basic infrastructure and unable to participate in the information age.While the current trade regime under the Basic Telecommunications Agreement, which forms part of the General Agreement on Trade in Services, offers many opportunities for developing countries, its potential for bridging the digital divide through increased flows of FDI is likely to benefit only those countries with large, lucrative markets. Global market failures would result in deepening the digital divide facing the poorest of the developing countries. Unable to come under the new liberalization paradigm, these countries are likely to be left even further behind.
A legal approach to bridging the digital divide requires going beyond the current trade regime and engaging in a new regime-building exercise. Drawing upon the domestic universal service concept, this thesis calls for a global universal service and access (GUSA) regime. Such a regime entails a new form of international cooperation that harnesses all available resources and includes the recasting of international accounting rates and a revitalization of official development assistance. It also involves institutional reform and reconfiguration through the creation of a new international financial institution, a Global Universal Service Fund (GUSF) as well as the strengthening of the role of the ITU as the custodian of the GUSA regime.
The GUSF would be an independently managed, politically balanced and internationally accountable institution. Because of its flexibility and its mandate to supplement market mechanisms and respond to global market failures, the fund would go a long way towards subsidizing network build out programs in the poorest developing countries, and ensuring widespread connectivity. The proposal is legally defensible under human rights law as well as trade and telecommunications laws, is economically justified under the global public goods doctrine, and technologically feasible given current capacity to connect the world and create the global village.
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Montero, Julio 1972. "The mirage of global telecommunications liberalization : from the post-privatization to the global liberalization era of telecommunications in Venezuela." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29937.
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This dissertation analyzes global telecommunications liberalization in the context of the transition to an economy and society based on the production, use and exchange of information. It examines the role of the ITU and the WTO in that process and addresses the question of the extent to which globalization and telecommunications liberalization can contribute to development in an increasingly unequal world. It also studies in detail the shift in the institutional regime of telecommunications in Venezuela, whose Telecommunications Bill is analyzed in light of the regulatory principles outlined in the Reference Paper and Venezuela's commitments under the Fourth Protocol to the General Agreement on Trade in Services (GATS). We provide recommendations aimed at adapting the regulatory framework that is currently being discussed to new global market realities without ignoring Venezuela's development concerns and regulatory capabilities.
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Benguira, Audrey Shoshana. "International cooperation in the private satellite communications sector : enhancing commercial exploitation of outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78202.
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Even though international cooperation traditionally is a concept encountered in public international law, it has an important role to play in the private satellite communications sector. Satellite communications being activities that intrinsically have a global outreach, mutatis mutandis they require legal rules that would not focus on purely regional or local interests. National and international space law have for the past decade encountered criticism with respect to obvious insufficiencies that in turn affected space activities. The first reaction of learned space lawyers was to call for some redrafting of international space law. A second thought about it had them take into account national legislation in this possible harmonization process, but in any case this was to primarily be of concern for States.However, the new millennium has brought its share of intellectual renewal and in the field of space law it has been translated in the acknowledgement that the private sector would have an important role to play, on the international scene, for the improvement of space law. It is this new legal thinking that has been characterized as "international cooperation" as applied to the private sector, that is the subject of this study. Hence, what is looked at is the position of the satellite communications sector on the international scene and what expertise it has to share with public fora for the overall improvement of space law and space activities.
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Boissel, Dombreval Hugues. "La libéralisation des télécommunications dans l'Union européenne." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64263.pdf.
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Salazar, Furiati Maria E. "Legal implications of telecom convergence in the U.S." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31172.
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Convergence has blurred the artificial limits that traditionally existed between separated sectors and services. In particular, technological convergence united cable and telephone networks as convenient platforms for the provision of numerous new telecommunications services. The advent of the Internet and the development of other services started a race for the acquisition of broadband transmission that has, in part, prompted a number of corporate mergers between the major telephone, cable, and Internet service providers.This thesis analyzes the legal implications of the convergence of cable operators and telephone carriers in the United States of America (U.S.). The analysis was conducted in light of the 1996 Telecommunications Act's provisions, the Federal Communications Commission's reports and orders, and under the critical approaches of the cable and telephone industries. This thesis presents recommendations addressed to promote an equal regulatory treatment for all telecommunications competitors in the U.S.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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Bochinger, Steve. "The implications of the privatization of space telecommunications on international organizations /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31150.
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If the privatization of space telecommunications, because of its impacts, has been subject to various studies, this thesis focuses the analysis of this phenomenon on a particular point: its implications on international organizations.Because of the evolution of the sector, international satellite organizations have undertaken for around ten years several internal reforms that lead today to the privatization of the three major organizations: Intelsat, Inmarsat and Eutelsat. These transformations constitute a particular sensitive issue as these organizations have been initially established so that to exploit satellite systems for the general interest of their members.
The impact of this phenomenon is no less considerable on the ITU, in charge of the international regulation, from a regulatory but also structural point of view. Moreover, the liberalization of telecommunication market undertaken under the aegis of the WTO grants to this organization a new major place in space telecommunication regulation.
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Wei, Chia-Lee 1971. "Cross-border strategic alliances in the transition of regulated telecommunications." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31178.
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Competing successfully in globalized markets requires a complex mix of product, price, promotion and distribution. It requires novel approaches to ownership in overseas involvement and the development of new modes of global relationships. In response to these needs, new types of alliances are emerging as corporations endeavor to meet the global challenge. At the forefront of globalization, the telecommunications industry is experiencing a high-rate of cross-border alliance formation.This thesis attempts to straddle both business and legal domains, on national and international levels, to survey the evolution of the telecommunications industry and to envisage the future prospects of multinational telecom carriers with respect to the conduct of transnational alliances for international expansion. Chapter 1 describes the changes occurring in the field of telecommunications, while Chapter 2 and Chapter 3 provide an essential understanding of the motivations and the modalities of cross-border strategic alliances and propose contracting techniques for the purpose of surmounting managerial and operational challenges that may be confronted when engaging in global strategic alliances. With a focus on the telecommunications industry, Chapter 4 explores the motives of and difficulties encountered by multinational telecom carriers in using alliances to expand globally, and examines their business strategies and performing phases. Chapter 5 further questions the necessity of using cross-border strategic alliances in an increasingly international competitive environment by examining the current national and international regimes with respect to the transactions of telecom services. The Conclusion reviews significant factors that may infringe upon the use of strategic alliances as a business strategy.
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Clendenning, Robert J. "The licensing of wireless technologies in Canada : an examination of the use of ministerial licensing." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29822.
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Our examination of ministerial licensing under the Radio Act, attempts to first show that its use in the early 1980s was driven more by a desire within the Department of Communications to be dominant in setting policy than by necessity. The case studies we then discuss show that the argument advanced at the time of the Department's announcement to license cellular---that there is greater accountability in expanding elected officials' powers in regulatory affairs---fails to prove itself in practice. After careful examination of the two cases in which Ministerial licensing has been used in Canada, this paper points problems with ministerial licensing. First, as our case studies will clearly show, Ministerial licensing is apparently incapable of providing any of the policy leadership or public accountability. Second, and perhaps more important in the long term, Ministerial licensing in telecommunications contravenes all of Canada's own efforts to secure a fair and procedurally defined international regime for telecom regulation. (Abstract shortened by UMI.)
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Sarrocco, Claudia. "Legal aspects of the mobile satellite telecommunications services." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31173.
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Thanks to the use of satellite technology, mobile personal telecommunications systems are able to provide communications simultaneously anywhere on the Earth's surface. The implementation of such systems raises several regulatory issues: after a brief explanation of the technical characteristics of different satellite systems in the first chapter, the second chapter will introduce the principles of space law relevant to satellite communications, with particular attention to the provisions which the development of global satellite telecommunication system could infringe. In the third chapter, there will be place for further analysis of international regulations established in the framework of the International Telecommunication Union and the World Trade Organisation, dealing more specifically with satellite telecommunications. The discipline established by the former organisation aims to the optimal management of the orbit and spectrum resources, particularly controversial because of the divergence of interests and exigencies of the member countries, whereas the latter intervened in the liberalisation of the telecommunication services, with the purpose to create an open environment for their diffusion. Furthermore, telecommunication activities are subjected to national regulation. The domestic discipline pertaining to global mobile satellite telecommunication services will be analysed in the fourth chapter, with particular attention to the U.S. Federal Communication Commission regulations and to the developments of Italian legislation in the light of the recent European initiatives in the field. National authorisation requirement conditions, in spite of the international effort toward regulatory harmonisation and liberalisation, are the key elements in the deployment of global mobile telecommunications services. National authorities should not continue to function solely on the basis of their national considerations, but be more flexible and open to cooperation, a
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Ferreira, Pedro Fernando Loureiro. "A liberdade de utilizacao das orbitas terrestres, em particular da orbita geoestacionaria por satelites de telecomunicacoes." Thesis, University of Macau, 1988. http://umaclib3.umac.mo/record=b1636606.
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Men, Jing 1971. "Is it a castle in the air? : assessing the Sino-US WTO agreement : from the perspective of telecommunications and banking liberalization." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33363.
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China, a nation inhabited by one fifth of the world's population and often referred to as "the sleeping giant", is undergoing significant transition. China, subject to domestic changes in its quest for a new balance between traditions, socialist notions and market economy, defines its new role in a changing world that drives towards the globalization of trade in goods and services faces.This study examines the Chinese position regarding two aspects significant for both China's domestic process of transition and China's international role: telecommunications and banking services. The first chapter examines the general international framework of the GATS with respect to telecommunications and financial services. This includes, inter alia, a study of the legal framework, comprising in particular the WTO Financial Services Agreement and the Basic Telecommunications Agreement. Chapter Two provides an overview of the Chinese telecommunications and banking sectors. This Chapter focuses on the historical and cultural background influencing the process of domestic deregulation and internationalization of these sectors. Chapter Three features an assessment of the Sino-US WTO Agreement on the telecommunications and banking sectors. In the course of this study, a number of concerns and probable consequences can be identified for both sectors examined.
Will "the sleeping giant" move on towards complete market liberalization, or is that prospect merely a castle in the air? This study explores how the China's legal framework governing these two key sectors might unfold.
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Ozdogan, Ali. "Communication Assistance for Law Enforcement Act of 1994: A Case Study." Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2877/.
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The purpose of this study is: to explore and analyze the Communication Assistance for Law Enforcement Act of 1994 (CALEA), to identify problems related to CALEA, to identify solutions devised by other countries to overcome problems similar to CALEA's, and to propose feasible solutions to CALEA problems.
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Stevens, Irena. "Policy implications of municipal investment in Georgia's wireline broadband networks." Thesis, Georgia Institute of Technology, 2013. http://hdl.handle.net/1853/49081.
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The Community Broadband Investment Act, introduced in the Georgia legislature in 2012 and 2013 is a reflection of a broader national debate over the role of government investment in broadband infrastructure. The bill would limit local governments' ability to invest in broadband infrastructure for their communities because of arguments that government entry into the telecommunications sector crowds-out private competition, does not serve the public adequately, and lacks a comprehensive business model or best practices. A closer look at the history of utility regulation and various economic perspectives on the proper government role in utility provision reveals that government has had an extensive historical role in utility infrastructure investment and regulation, and several economic doctrines support the conclusion that government can be helpful in facilitating effective broadband service to their communities. Case studies of different models of municipal broadband networks in Georgia reveal that government entry can facilitate private sector competition, often provides quality service, and has a set of best practices. The success of municipal broadband reveals an evolution in the approach to telecommunications regulation from a regulated monopoly approach to a public-private cooperation approach which considers public participation with private entities on a dynamic scale. Government-entry into the broadband market was a rational decision for several Georgia communities due to their unique set of circumstances, and while municipal broadband may not be the answer to many communities' problems with meeting public demand, communities should be allowed to maintain flexibility in their decision-making about how to best serve their residents, effectively allowing them to decide which combination of public and private advantages they can leverage to meet the demand of their communities in relation to their unique local characteristics.
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Webb, Rebecca. "Diminished Democracy? Portland Radio News/Public Affairs After the Telecom Act of 1996." PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/157.
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News and public affairs on commercial radio dramatically changed following the 1996 Telecom Act, with rapid consolidation and economic efficiencies radically shrinking commercial radio's role in the provision of political information. By examining jobs data, public files, and the views of broadcast journalists, this project assesses the Act's impact through the lens of civic-minded Portland, Oregon. Because political information enables democracy, and because of radio's uniquely accessible qualities, this paper argues that market emphasis in media policy--especially in the Act's absolute manifestation--has diminished a significant channel of public discourse. Noticing radio's democratic potential, still relevant in the digital age, this work offers support for a revival of discursive opportunities on local commercial radio.
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Spencer, Logan Lemuella C. "Changing from the silo model to the horizontal layers model in public policy regulations : the implications and potential for the telecommunications industry /." Thesis, Available online, Georgia Institute of Technology, 2005, 2005. http://etd.gatech.edu/theses/available/etd-11282005-192311/.
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Göktepeli, Miyase. "Telecommunications policy and the emerging information society in Turkey : an analysis within the context of the EU's telecom and information society policies." 2003. http://hdl.handle.net/2152/12062.
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Lentz, Roberta G. ""Linguistic engineering" and the FCC computer inquiries, 1966-1989." 2008. http://hdl.handle.net/2152/18249.
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This study applies a critical discourse analysis framework to an examination of the constitutive effects of three regulatory proceedings, called “The Computer Inquiries,” on contemporary notions about communications infrastructure policy. The Computer Inquiries are a trio of interrelated U.S. Federal Communications Commission (FCC) dockets focused on problems posed by the convergence of regulated telephony with unregulated computing services. The Inquiry docket texts, which date from the mid-1960s to the late 1980s, are a basis for the liberalization of common carrier1 regulation and are the empirical evidence that the dissertation draws upon to trace the incremental evolution of terms used to define the boundaries between these converging services. Datasets include the 23 documents contained in three case studies: Computer Inquiry I (FCC Docket 16979), Computer Inquiry II (FCC Docket 20828), and Computer Inquiry III (FCC Docket 85-229). The first case study traces the incremental construction of a concept called “hybrid” services as the foundation for an FCC policy of “maximum industry separation” between common carriers and data processing companies. The second case study illustrates how the FCC subsequently re-engineered the hybrid concept into regulatory categories of “basic” and “enhanced” services. This definitional shift justified liberalizing the FCC’s maximum separation policy into a “modified” policy based upon a resale structure. The third case study demonstrates how the FCC further relaxed the resale policy by implementing accounting controls to distinguish between regulated common carriers providing the telecommunications infrastructure (conduit) used by unregulated information services (content) companies. Research reveals the malleable and somewhat arbitrary nature of regulatory distinctions between content and conduit as a basis for the FCC’s shifting jurisdictional authority over common carriers. During the course of the Inquiries, the FCC transitioned from a proactive to a reactive regulator with a discursive strategy involving what the dissertation calls “linguistic engineering.” Finally, the study notes the lack of attention to First Amendment and democracy concerns in all three Inquiry dockets. The dissertation concludes by calling for a Fourth Computer Inquiry to reconsider the legacy of the Computer Inquiries through which the principle of nondiscriminatory carriage of information by telecommunications providers has been eroded.text
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Gustafson, Karen Estelle. "Deregulation and the market in public discourse: the AT&T divestiture, the 1996 Telecommunications Act, and the development of a commercial Internet." Thesis, 2006. http://hdl.handle.net/2152/3766.
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Parrott, Daniel. "The role and regulation of private, for-profit employment agencies in the British Columbia labour market and the recruitment of temporary foreign workers." Thesis, 2011. http://hdl.handle.net/1828/3479.
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My thesis examines the role and regulation of private, for-profit employment agencies in the British Columbia labour market with respect to the recruitment of temporary foreign workers. In it, I reviewed the historical origins of employment agency legislation in Canada. I go on to describe Canada’s Temporary Foreign Worker Program in connection with the transfer of federal immigration authority to the provinces. I also present a case study demonstrating how temporary foreign workers are recruited for the Live-in Caregiver Program in British Columbia, and use the study as a basis for comparing British Columbia’s employment agency legislation with the agency licensing regimes in the other Western Provinces. I conclude that Manitoba’s recent Worker Recruitment and Protection Act frames a best practice model for the protection of foreign workers during the recruitment process, and I encourage other provinces like British Columbia to develop and legislatively frame a similar set of best practices.Graduate
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Mabeka, Nombulelo Queen. "The impact of e-technology on law of civil procedure in South Africa." Thesis, 2018. http://hdl.handle.net/10500/24985.
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The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitutional Court Rules, Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal, Uniform Rules of Court, Magistrates’ Courts’ Rules, and the Rules of Small Claims Court support the implementation of legislation. The researcher submits, however, that the current legislative provisions, and their enabling rules, are not fully complementing the Electronic Communication and Transactions Act 25 of 2002 and are thereby impeding the growth of e-technology law in South Africa. Put differently, they do not embrace the use of e-technology and digital devices. It appears that in future civil proceedings will occur electronically through digital and e-technology devices. Present legislation does not cater for this practical reality. This calls for South African courts to, for example, install satellite devices that will ease the use of e- technology in civil proceedings. The researcher avers that there have been attempts by the Constitutional Court and Supreme Court of Appeal to enable electronic communication through their websites, but this is insufficient to effectively implement the provisions of the Electronic Communications and Transactions Act 25 of 2002 especially insofar as service of process. The courts have effectively moved away from the decision in Narlis v SA Bank of Athens, which excluded computer-generated evidence and there have been attempts by South African courts in recent decisions to appreciate the use of e-technology. For example, in CMC Woodworking Machinery v Odendaal Kitchens the court, for the first time, acknowledged service of court papers via Facebook. Further, in Spring Forest Trading v Wilbery, the Supreme Court of Appeal confirmed that electronic communication such e-mail, can be used to cancel agreements, even where parties incorporated a non-variation clause into the agreement. However, there is an urgent need to review and amend South African statutes and rules to fully acknowledge the fact that e-technology is a constantly evolving modern reality.
Therefore, South African laws and rules ought to be in-line with e-technology developments and competitive with international jurisdictions such as England, the United States of America and Canada. The rules of these jurisdictions realise the use of e-technology and digital e-technology, particularly in England where a pilot project that facilitates the use of e-technology and digital e-technology in civil proceedings, is already in place. The time has come to fully employ e-technology and digital e- technology law within South African law of civil procedure. This research investigates the possibility, and practical implications, thereof.Criminal and Procedural Law
LL. D.
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Khosa, Miyelani. "The interplay of sector regulators and competition authorities in regulating competition in telecomunications : the south African case." Diss., 2009. http://hdl.handle.net/10500/3576.
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The privatisation and liberalisation of telecommunications throughout the
world has resulted in the growing involvement of competition authorities in
telecommunications regulation, alongside telecommunications sector-specific
regulators. The existence of both sector specific rules and competition rules has brought
about a critical institutional challenge. The increased role of competition authorities in
the telecommunications sector raises the issue of inconsistent jurisdiction in the sector.
Conflicts are therefore inevitable in the absence of clear delineation of jurisdiction. The
South African model for regulation in the telecommunications sector entails a sharing of
jurisdiction between the sector-specific regulator, the Independent Communications
Authority of South Africa (ICASA), and the competition-wide regulator, the Competition
Commission. The study thus determines the interplay between the Competition
Commission and ICASA as well as the competitiveness of South African
telecommunications.Communication Science
M.A. (International Communication))
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Marutha, Ngoako Solomon. "A framework to embed medical records management into the healthcare service delivery in Limpopo Province of South Africa." Thesis, 2016. http://hdl.handle.net/10500/22287.
Full textAbstract:
The importance of records management to the provision of healthcare services cannot be overemphasised. If medical records are not managed properly, this might result in the provision of poor healthcare services. This is because usually if medical records are not properly managed, the healthcare institutions attain inaccurate, untimely, incomplete and unauthentic records or the records fade completely. Records that are not managed properly are easily lost, modified, altered, misfiled and/or damaged, which results in a struggle to locate them and, eventually, much time is lost. Records of this kind may not support healthcare service providers properly in decision-making, problem-solving, monitoring and evaluation of service for continuous service improvement. This study utilised the five elements of trusted records management (records management governance practice, staff capacity and competencies, recordkeeping system and technology, and records archival processes) to investigate the development of a framework to embed medical records management into the healthcare service delivery practice for effective records management practice. The study predominantly utilised a quantitative approach with some support from a limited scope of qualitative data to augment numeric data. The data was collected using the four different techniques, namely questionnaire, interview, observation and system/documents analysis. The study revealed that the mode of medical record management was not effectively enabling the institution to manage medical records properly due to lack of integrated medical records management framework into the healthcare business process. The medical records management technology also lacked file tracking system, records backup, and audit trail which compromise records safety and security. The study recommended supply of the necessary resources, with a framework that the healthcare institutions may adopt to embed medical records management into the healthcare service delivery. ECM may also be implemented to incorporate electronic records management systems, information management, web content and other add-ons to support the records management framework in ensuring effective discharge of all records management functional requirements on the healthcare business process. A further study was recommended about the development of an online outpatient consultation system and medical records access to avoid patient long turnaround time for service.Information Science
D. Litt. et. Phil. (Information Science)