News & Analysis as of

Canada

Data Breach Laws See Flurry of Activity in U.S. and Canada

by Pepper Hamilton LLP on

With South Dakota and Alabama’s new statutes, all 50 states and the District of Columbia have now enacted data breach notification laws. The Oregon and Delaware amended statutes will enhance requirements, and Canada’s new law...more

New B.C. Requirements for Lobbyists Come into Effect May 1

by Bennett Jones LLP on

On May 1, 2018, amendments to the Lobbyists Registration Act will come into force introducing new requirements and restrictions for in-house and consultant lobbyists (the "Amendments"). The Amendments mark the first set of...more

Recent NYSE and NYSE American Announcements

by Dorsey & Whitney LLP on

The NYSE has made a few recent announcements affecting the obligations of NYSE and NYSE American listed Canadian companies with respect to providing information to the exchange. An NYSE listed company that files its...more

When Is a Loan “Green”?

by Bennett Jones LLP on

New international guidelines on environmental sustainability adopted from green bonds allow lenders and borrowers to designate “green loans" - More than US $150 billion in “green bonds”—bonds that fund projects that...more

Canadian Derivatives: Registration Regime for Dealers and Advisers Gets Momentum

On April 19, 2018, the Canadian Securities Administrators (CSA) took a major step toward adopting a comprehensive regime for the regulation of those in the business of trading derivatives or advising on derivatives. The CSA...more

Defining parameters: Insurers duty to defend v. duty to indemnify

by Dentons on

Practically every business and homeowner obtains insurance to protect themselves against losses to their property or business caused by an unforeseen event. However, sometimes when these events happen, both the insurers and...more

Top 10 Things To Know About Health And Safety Legal Compliance In Canada

by Cozen O'Connor on

The OSHA Chronicle is pleased to publish the following guest article written by Norman A. Keith, J.D., LL.M. CRSP, a partner at Fasken Martineau DuMoulin LLP who specializes in Canadian workplace safety and health...more

Court Confirms Power of Alberta Aboriginal Consultation Office to Decide Who Gets Consulted

The Alberta Court of Queen’s Bench (Court) provided much-needed clarity about the role of the Alberta Aboriginal Consultation Office (ACO) and the duty to consult in Alberta in its decision in Athabasca Chipewyan First Nation...more

Colour it Mine: Protecting Colour Trademarks in Canada

by Smart & Biggar on

Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more

Director Independence Regime – Time for a Change?

The Canadian Securities Administrators (CSA) have received formal submissions (Submissions) on Consultation Paper 52-404 – Approach to Director and Audit Committee Member Independence (Consultation Paper) from 27...more

Canada Publishes Final Regulations on Mandatory Reporting of Privacy Breaches

by Alston & Bird on

On April 18, 2018, the Canadian government published final regulations which include mandatory privacy breach notification, reporting and record-keeping obligations under Canada’s federal data protection law called the...more

Are You Ready for Mandatory Breach Reporting and Notification?

by Bennett Jones LLP on

Almost three years after the Digital Privacy Act was passed, the federal government has finalized regulations on mandatory breach notification, reporting, and recordkeeping for the private sector in Canada. The regulations...more

Countdown to Cannabis Legislation: Cannabis Regulation in Canada's Territories

by Field Law on

Canada's plans for cannabis legalization are slowly rolling into focus. While many of the details of the regulatory framework are still under review, it is clear that the approach to regulation taken by the Provinces and...more

Currents - Energy Industry Insights - April 2018 #3

An Interview with Bill Raney, President of West Virginia Coal Association - Nick Preservati, Co-Chair of Spilman's Energy Practice Group, recently sat down with Bill Raney, President of the West Virginia Coal Association...more

Ambassador Lighthizer Urged to Include Intellectual Property Protections in New NAFTA

by Kelley Drye & Warren LLP on

As China’s intellectual property practices continue on to be a centerpiece of the Trump Administration’s trade policy, Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Senate Finance Committee Member Bill Nelson...more

A Roadmap to Canada’s Rapidly Changing Lobbying Landscape: Q1 Highlights

Canada’s lobbying landscape is rapidly changing — a number of amendments have recently come into force or been proposed that revise lobbying, election finance and conflict of interest requirements in Alberta, British...more

Ontario Court of Appeal Clarifies and Reaffirms Dynex: Gross Overriding Royalties and Interests in Land

by Bennett Jones LLP on

In a decision of critical interest to the holders of overriding royalties in the mining and oil and gas sectors, the Ontario Court of Appeal has clarified the test used to determine when a royalty interest constitutes an...more

New Ontario Securities Commission rule for distributions outside of Canada

by Dentons on

On March 31, 2018, a new “distributions out” regime adopted by the Ontario Securities Commission (the OSC) came into force – changing the rules for Ontario-based issuers and security holders with respect to distributions of...more

Bill 12: Preserving Canada's Economic Prosperity Act

by Bennett Jones LLP on

On April 16, 2018, the Government of Alberta introduced Bill 12: Preserving Canada’s Economic Prosperity Act (Bill 12 or the Act). Bill 12 proposes to give the Alberta Minister of Energy (Minister) sweeping powers to control...more

Federal Data Breach Reporting Regulations Published – Take Effect November 2018

The final Breach of Security Safeguards Regulations (Regulations) under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) were made on March 26, 2018, and published on April 18, 2018. The...more

3 Business Cases to Follow in the Supreme Court's Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

Securities Regulators Anticipate Greater Requirements on Climate Change Disclosure

by Bennett Jones LLP on

On April 5, 2018, the Canadian Securities Administrators (CSA) published CSA Staff Notice 51-354 Report on Climate change-related Disclosure Project, which reports the findings of their project to review disclosure by...more

Ontario Files Regulations in Support of Pension Plan Administrator Discharge Upon Annuity Purchase

The Ontario government recently filed O. Reg. 193/18, Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act (Regulation) under the Pension Benefits Act (PBA). The Regulation supports the provision...more

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

by Bennett Jones LLP on

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary...more

Structured Thoughts: News for the financial services community Volume 9, Issue 3

FINAL CANADIAN BAIL-IN RULES: IMPACT ON STRUCTURED NOTES OFFERED IN THE UNITED STATES - In March 2018, the Canadian government released its final regulations relating to “bail-in instruments” issued by Canadian...more

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