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Energy & Environment Update - November 2015 #4

Energy and Climate Debate - Congress returns from the Thanksgiving recess early next week to a full schedule starring the six-year reauthorization of federal highway programs, which expires December 4 now that chambers...more

"Something’s happening here. What it is ain't exactly clear...yet"

With apologies to Stephen Stills, we introduce our initial bulletin on the Alberta Climate Leadership Policy announced by the Provincial Government on November 22, 2015. As is the case with most broad policy announcements,...more

Ontario Climate Change Policy Developments

Long-Term Climate Change Strategy - On November 24, 2015, the Ontario government released its long-term Climate Change Strategy (CCS) as part of the province's expanding climate change policy development process....more

Canadian Employment News Series: BC Supreme Court overturns Human Rights Tribunal record award for injury to dignity

We reported previously on the decision of the Human Rights Tribunal in University of British Columbia v. Kelly. In that decision, the Human Rights Tribunal concluded that the University of British Columbia had discriminated...more

Trans Mountain Expansion Project: Burnaby’s Latest Bid for Jurisdiction Unsuccessful

The City of Burnaby’s latest effort to assert jurisdiction over work performed in Burnaby in connection with the Trans Mountain Expansion Project was recently dismissed for procedural and constitutional reasons in Burnaby...more

ISS and Glass Lewis Announce 2016 Canadian Proxy Voting Guideline Updates

Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their respective Canadian proxy voting guidelines for the upcoming 2016 proxy season. The ISS updates will apply to...more

Canada considers new requirements for monitoring politically exposed persons

The previous federal government introduced amendments to money laundering regulations this past summer to implement a program of financial surveillance of senior public officeholders, their family members and their close...more

2015 Ontario Economic Outlook and Fiscal Review Provisions Affecting the Retirement Income System

The Ontario government has confirmed that it continues to move forward to implement the ORPP in 2017, while allowing for potential integration of the ORPP with a Canada Pension Plan (CPP) enhancement in the future. For more...more

Vapourizer Ban Goes Up in (Medical Marijuana) Smoke?

On November 13, 2015, the Ontario Government released its proposed regulations (the E-Cig Regs) under the Electronic Cigarette Act (the E-Cig Act and, together with the E-Cig Regs, the E-Cig Legislation) governing the...more

Ontario Court Follows Juliar and Allows Rectification of a Series of Transactions

Given the Supreme Court’s recent granting of leave to appeal in the Jean Coutu case, which I blogged about earlier (Supreme Court of Canada to Hear Tax Rectification Case), the Ontario Court of Justice’s decision to follow...more

De Minimis Rule is Back in the Context of Class Actions

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances,...more

New Strategy to Limit Neonicotinoids and Other “High Risk” Pesticides in Québec

Québec’s press release states that the Strategy “sets out the major directions and goals that will guide government action to protect public health, pollinators, and the environment in the coming years.” One of the ways the...more

Just Like Any Good Recipe, Alberta’s Climate Leadership Plan Has a Little Bit of Everything

On Sunday, November 22, 2015, just days before the United Nations conference on climate change in Paris, Alberta released its Climate Leadership Plan (Plan) together with the Climate Leadership Report (Report) upon which it...more

TSX Implements Rule Changes to Benefit Interlisted Issuers

The Toronto Stock Exchange (TSX) has implemented amendments (Amendments) to its Company Manual to modify and expand the exemptions available to TSX issuers listed on one or more other exchanges (interlisted issuers) where the...more

Alberta Securities Commission and Nunavut Securities Office Publish Proposed Start-up Business Exemption

The Alberta Securities Commission (ASC) and Nunavut Securities Office recently published for comment proposed Multilateral Instrument 45-109 Prospectus Exemption for Start-Up Businesses (the Proposed Exemption). The Proposed...more

Lobbying: Important amendments to the Lobbyists’ Code of Conduct

On December 1, 2015, a number of amendments to the Lobbyists’ Code of Conduct (the Code) will come into force. The amendments have the potential to alter the ability of certain persons in the private sector to communicate...more

New crowdfunding regime adopted by five provinces

On November 5, 2015, securities regulators in five provinces published in final form Multilateral Instrument 45-108 Crowdfunding (MI 45-108) setting out rules that will provide a new way for businesses to raise capital over...more

Upcoming Changes in Québec Public Procurements

On November 11, 2015, the Québec Government announced a Draft Regulation to amend the implementing regulations of the Act Respecting Contracting by Public Bodies with respect to supply contracts, service contracts and...more

U.S. International Trade Commission Makes Final Injury Determination On Supercalendered Paper From Canada

On November 18, 2015, the U.S. International Trade Commission (ITC) voted affirmative in connection with its final injury investigation on supercalendered paper from Canada. The ITC commissioners unanimously determined (with...more

Ontario Government Consulting on Proposed Design of the New Cap-and-Trade Program

The Ontario Ministry of the Environment and Climate Change (MOECC) has released details of its proposed cap-and-trade program designed to address climate change through the reduction of greenhouse gas (GHG) emissions. On...more

Alberta Announces Climate Leadership Plan

Yesterday, the Alberta government announced its Climate Leadership Plan (Plan) and released to the public the Climate Leadership Report to Minister (Report) it commissioned from the Climate Change Advisory Panel. While...more

Supreme Court of Canada to Hear Tax Rectification Case

On November 19, 2015, the Supreme Court of Canada granted leave to appeal in Canada (A.G.) v. Groupe Jean Coutu (PJC) inc., 2015 QCCA 838, which addresses the question of when rectification will be granted in the tax context....more

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

Update on Third Country Equivalence Under EMIR

The European Commission has adopted “equivalence” decisions on the derivatives regulatory regimes for central counterparties in Canada, Mexico, Republic of Korea, South Africa and Switzerland. This follows the decisions...more

Hands-Off Digital Currencies! Canada’s Senate Calls for a Light Regulatory Approach

Formerly considered a gimmick for geeks and gamers, digital currencies, such as Bitcoin, have since grown into a worldwide phenomenon that now garner significant public attention. Among the interested parties are both...more

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