Martha A. Healey

Biography

Martha A. Healey has considerable expertise in federal and provincial regulatory matters, specifically in federally regulated matters, including competition, health, agricultural and consumer products regulation, food, drug, cosmetic and consumer product recalls, transportation, privacy, records management and access to information. Ms. Healey advises clients regularly in the food, drug (human and veterinarian), medical device, natural health product, pesticide, animal feed, communications and other commercial sectors. Ms. Healey's practice includes telecommunications, transportation, life sciences and competition law (including mergers, marketing practices and advertising), as well as information and e-commerce regulation and conflict of interest investigation.

Ms. Healey liaises regularly with federal regulatory officials. She advises clients on preparing and implementing corporate competition and privacy law compliance audits and plans, industry certification programs and advertising and marketing programs, as well as on access to information litigation, third-party responses to access requests and numerous other issues. She also provides competition and privacy law advice to existing Canadian businesses and new business entrants into Canada.

Ms. Healey has appeared before the Federal Court, the Federal Court of Appeal, the Ontario Superior Court of Justice, and the Ontario Court of Appeal. She has also appeared before and participated in proceedings before federal and provincial tribunals and regulatory authorities and a federal commission of inquiry.

Year of Call

• Ontario Bar 1992

Law School

• LL.B., University of Western Ontario, 1990

EDUCATION

• M.A., Carleton University, 1987
• B.A. (Hons.), Wilfrid Laurier University, 1986

Publications

• "Protecting Personal Information in an Electronic Age - The Security Challenge" (Bio Business, March//April 2007)
• "A More Sinister Complexion:  The Critical Need for Thorough and Robust Privacy Compliance Procedures and Plans" (Ogilvy Renault Commentary, March 2007)
• "Canada Seeks Uniformity with New Organic Products Regulations", Martha A. Healey and Alison G. FitzGerald, Food and Drug Law Institute in Update:  Food and Drug Law Regulation, and Education, January/February 2007
• "Worth the Fight? Consent Agreements in Deceptive Marketing Cases Trump Competition Tribunal Orders" (Forthcoming, Competition Law, Federated Press, Volume XI, No. 2, 2006)
• "Governing Green - Canada Introduces Organic Products Regulations" (Ogilvy Renault Commentary, November  2006)Life Sciences Handbook 2006/07 (Chapter on Canada), Penny S. Bonner, Martha A. Healey, Judith Robinson and Teresa J. Walsh (Practical Law Company)
• "The Weakest Link: A Privacy Case Study and Cautionary Tale" (Ogilvy Renault Commentary, October  2006)
• "Does It Matter Whether the Best Is REALLY the Best? Advertising Claims in Canada", Martha A. Healey and Penny S. Bonner, Food and Drug Law Institute in Update:  Food and Drug Law, Regulation, and Education, July/August 2006
• "Evolving Concerns:  Safeguarding Consumer Data in Canada within a Global Economy", Martha A. Healey, BNA International World Data Protection Report, Volume 6, Number 5, May 2006
• "Consent Agreements in Merger Cases: Variation Under a New Test or the Race to Remedy?", (Competition Law, Federated Press, Volume X, No. 3, 2005)Life Sciences Handbook 2005/06 (Chapter on Canada), Penny S. Bonner, Martha A. Healey, Judith Robinson and Teresa J. Walsh (Practical Law Company)
• "RONA inc. v. Commissioner of Competition - Thinking Outside the (Big) Box:  Competition Tribunal Sets New Test to Vary Consent Agreements Under the Competition Act", Martha A. Healey and Denis Gascon (Canadian Competition Record, Vol. 22, No. 2, Fall 2005, page 1)
• Book Review, Regulatory Law and Practice in Canada (Paul Salembier), Canadian Journal of Administrative Law & Practice, Vol. 18 No. 3 October 2005
• "Substance Over Form: Federal Court of Appeal Overturns Disclosure Exemption" (Ogilvy Renault Commentary, August  2005)
• "Section 106 of the Competition Act:  RONA Passes The Test" (Ogilvy Renault Commentary, July 2005)
• "In the Kitchens of the Nation" (Ogilvy Renault Commentary, December 2004)
• "Federal Court Strengthens the Confidentiality of Information Held by Health Canada" (Ogilvy Renault Commentary, October 2004)
• "Developments in the Jurisdiction of Administrative Tribunals to Determine Constitutional Issues", Martha A. Healey and Daphne Fedoruk (Regulatory Boards and Administrative Law Litigation, Federated Press 2004, Volume VII, No. 1)
• Life Sciences Handbook 2004/05 (Chapter on Canada), Penny S. Bonner, Martha A. Healey, Judith Robinson and Teresa J. Walsh (Practical Law Company)
• "Private Access to the Competition Tribunal - The First Case", Martha A. Healey, Patricia M. Harrison and Kathleen P. McDormand (Competition Law, Federated Press 2003, Volume VIII, No. 4)
• "Civil Recourse under the Competition Act: Section 36 - The Good, the Bad and the Ambiguous", Michael L. Phelan, Martha A. Healey and Dominique A. Nouvet (Part I - Competition Law, Federated Press, 2002, Volume VII, No. 4; Part II - Competition Law, Federated Press, 2002, Volume VIII, No. 1)
• "Investigation Information is Subject to Federal Privacy Rules", Martha A. Healey (World eBusiness Law Report, September 10, 2002)
• "Canada Welcomes Stem Cell Research" (Ogilvy Renault Commentary, March 2002)
• "Natural Health Products Regulations: A Vague New Vision" (Ogilvy Renault Information, February 2002)
• "Does Your Food, Drug, Medical Device or Cosmetic Pose a Risk to the Environment? The Canadian Government Wants to Know" (Ogilvy Renault Information, October 2001)
• "Legislative Amendments to the Competition Act: Private Access - the Next Frontier?", Michael L. Phelan, Martha A. Healey and Kathleen McDormand (Competition Law, Federated Press, 2001, Volume VII, No. 2)
• "The Economic Efficiency Defence Revived - Canada (Commissioner of Competition) v. Superior Propane, Inc.", Michael L. Phelan, Martha A. Healey and Michael Owen (Competition Law; Federated Press, 2000, Volume VI, No. 2)
• "Corporate Privacy Obligations under Canada's New Personal Information Protection and Electronic Documents Act", Brenda C. Swick, Martha A. Healey and Isabelle J. Ranger (Regulatory Boards and Administrative Law Litigation; Federated Press, 2000, Volume III, No. 4)
• "Multi-Level Marketing in Canada: Finding and Maintaining the Balance", Michael L. Phelan and Martha A. Healey (Competition Law; Federated Press, 1999, Volume V, No. 2)
• "The Enforcement Powers of the Director of Investigation and Research in a Global Regulatory Environment", Michael L. Phelan and Martha A. Healey (Competition Law; Federated Press, 1998, Volume V, No. 1)
• "Interac Consent Order Clears Competition Tribunal", Peter Franklyn and Martha A. Healey (Osler, Hoskin & Harcourt Competition Law Review, Winter 1997)
• "Electronic Financial Services: The Interac Case", Peter Franklyn and Martha A. Healey (Osler, Hoskin & Harcourt Competition Law Review, Spring 1996)
• "Telephone Directories: Not Just for Numbers Anymore: The Director of Investigation and Research v. AGT Directory Limited, et al", David K. Wilson and Martha A. Healey (Osler, Hoskin & Harcourt Competition Law Review, Fall 1994)
• "Competition Tribunal Issues New Rules", (Osler, Hoskin & Harcourt Competition Law Review, Summer 1994)
• "Competition Tribunal Rules: Time for Change" (Osler, Hoskin & Harcourt Competition Law Review, Spring 1994)
• "Gemini: The Tribunal Speaks", Michael L. Phelan and Martha A. Healey (Osler, Hoskin & Harcourt Competition Law Review, Spring 1994)

Speaking Engagements

• Speaker, "Privacy Breach?  Developing a Corporate, Communications and Human Resources Response Plan better than 'What now?'" Ogilvy Renault, April 2007
• Speaker, "Getting Up to Speed:  An Update on Key Administrative Law Decisions from Across Canada", The Canadian Institute, Advanced Administrative Law & Practice, Key Updates and Best Practices for Overcoming Adjudicative and Investigative Challenges,  October 2006
• Speaker, "The Law and Loss Prevention:  What's Allowed, What's Not Allowed and How Can Law Enforcement Help?", Retail Council of Canada, 2006 Retail Loss Prevention Conference, September 2006Lecturer, Training Program for Administrative Tribunal Members - 2006
• Speaker, "Dealing with Access to Information Requests - Your Rights and Health Canada's Obligations", The Canadian Institute Summit on Pharmaceutical & Biotech Regulatory Compliance, March 2006 
• Speaker, "Best Laid Plans:  Safeguarding Personal Information and Evaluating the Adequacy of a Privacy Compliance Plan", Latest Developments in Privacy Law, Ogilvy Renault, March 2006
• Speaker, "Best Practices in Safeguarding Customer Data", The Canadian Institute, Payment Card Compliance in Canada, February 2006 
• Speaker, "Pinpointing Procedure, Honing Skills and Learning Practical Strategies for Administrative Tribunals across Canada", Advanced Administrative Law & Practice - Key Updates in Adjudicative & Investigative Areas, The Canadian Institute, November 2005
• Speaker, "The Fundamentals of Administrative Law for Newcomers to the Field" and "Privacy Compliance in Administrative Proceedings", The Canadian Institute, October 2004
• Speaker, "Administration and Enforcement Issues", Personal Health Information Protection Act, 2004, Ogilvy Renault, September 2004
• Speaker, "The Fundamentals of Administrative Law for Newcomers to the Field" and "The New Wave of Procedural Reforms at Canadian Administrative Tribunals: What Difference Will They Make . and What Problems Might They Cause?", The Canadian Institute, October 2003
• Speaker, "Privacy Compliance: Are You Ready for January 1, 2004?", Ogilvy Renault, October 2003
• Session Lecturer, Training Program for Administrative Tribunal Members - 2003, 2004, 2005
• Panellist, "Legal Implications of "Patchwork" Provincial Privacy Legislation for Financial Services", Financial Services Privacy Summit, Federated Press, April 2003
• Speaker, "The Conduct of a Hearing", Fundamentals of Administrative Law & Practice, The Canadian Institute, April 2003
• Speaker, "Access to Information - The Commercial and Litigation Context" and "Overview of the Next Frontier : Private Sector Privacy Legislation in Ontario", Lorman Seminar "Employment Related Records in Ontario " - 2002
• Lecturer, Faculty of Law, Queen's University, Competition Law - 2002, 2003
• Session Lecturer, Canadian Centre for Management Development - CCMD Program for Administrative Tribunal Members - 1999, 2000, 2001, 2002
• Speaker, "I Spy with my Little Eye - Workplace Privacy Rights", Ogilvy Renault, High Tech Seminar Series, November 2001
• Speaker, Personal Information Protection and Electronic Documents Act, Ogilvy Renault, January 2001
• Lecturer, Law Society of Upper Canada, Bar Admission Course, Public Law - 1999, 2000, 2001
• Lecturer, Institute of Law Clerks Program, 1996, 1997, Administrative Law
• Participant/Speaker - Canadian Bar Association, Constitutional Hot Line Service (Charlottetown Agreement), 1992

Rankings and Recognitions

• Global Counsel Life Sciences Handbook

Memberships and Activities

• Government Relations Committee of the Canadian Direct Sellers Association
• Editorial Board of Competition Law(Federated Press)
• Taught for the Ontario Bar Admissions Course (administrative law)
• Taught to the federal administrative tribunal members (evidence)