News & Analysis as of

Canada

Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption...more

Canadian Competition Policy Focuses in on “Big Data”

The application of competition law and policy to “big data” has become a major focus for government agencies in Canada and around the world. In recent weeks, both the Competition Bureau and the Bank of Canada have weighed in....more

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2018 may hold based on significant developments...more

Adult-Use Marijuana Legalization In Canada Is Delayed

by Husch Blackwell LLP on

Canada’s attempt to finalize its marijuana legislation making it the second country to legalize adult use marijuana (after Uruguay) hit a snag when Health Minister Ginette Petitpas Taylor conceded yesterday it won’t be done...more

The effects of cannabis legalization on the workplace

by Dentons on

As of July 2018, recreational use of cannabis will be legal in Canada. According to data from other jurisdictions that have already adopted similar legislation, the legalization of cannabis could lead to an increase in the...more

USCIS Memorandum On Qualifying ‘Economist’ Under NAFTA TN Classification Raises Questions

by Jackson Lewis P.C. on

NAFTA’s TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. One TN-qualifying profession is that of an...more

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Dangerous Assumptions and Serious Consequences in Cybersecurity

by Bennett Jones LLP on

It's not the kind of news a retail giant wants to make. In May 2017, Target agreed to a $18.5-million settlement to resolve a 47-state investigation into a massive 2013 hack. This settlement put Target's total cost of the...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

NAFTA 2.0: Where Are We Going and When We Might Get There?

by Bennett Jones LLP on

Recently, Bennett Jones LLP and Global Public Affairs hosted a panel in Toronto that looked closely at the status of the NAFTA negotiations, potential outcomes and steps businesses can take to prepare. I was joined by Martin...more

Hold the Legalese! Ontario Has a New Standard Residential Lease

by Bennett Jones LLP on

Starting April 30, 2018, landlords and tenants entering into private residential leases must use Ontario’s new standard form of lease. The standard form is intended to simplify the rental agreement process in Ontario. It is...more

CSA Issues Revised Staff Notice Issuers with U.S. Marijuana-Related Activities

by Bennett Jones LLP on

On February 8, the Canadian Securities Administrators (CSA) issued an updated Staff Notice on the treatment of issuers with U.S. marijuana-related activities. While Canada works toward a July 2018 deadline for the rollout of...more

SEC v. PlexCorps — Cyber Unit Enforcement Action Underscores Potential Challenges to Cross-Border Cryptocurrency Enforcement

by Ropes & Gray LLP on

Following the hype of Bitcoin, regulatory and other concerns surrounding various forms of cryptocurrency and initial coin offerings (“ICOs”) have taken center stage. As of late last year, the U.S. Securities and Exchange...more

Hiring a drone services provider? Key liability risks for your business

by Dentons on

Businesses that contract for drone services are not necessarily shielded from liability if the drone operator breaks the law. In many ways, the purchaser of drone services is a passive participant in the flight and the drone...more

Bartering with Bitcoin: Canadian Tax Implications of Using Cryptocurrency in Business Transactions

by Bennett Jones LLP on

Are you considering accepting cryptocurrencies (e.g., Bitcoin, Litecoin) from your customers as payment in lieu of traditional government-issued currency? If so, you are not alone. Numerous businesses in a wide range of...more

Is the Test for Mareva Injunctions/Freezing Orders Too Stringent?

by Bennett Jones LLP on

An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a “freezing order”. This remedy, in simple terms, allows the victim of a fraud, as a plaintiff in the civil courts, to prevent...more

A closer look at round six of the NAFTA negotiations

by Dentons on

Round six of the NAFTA negotiations concluded in Montreal on January 29, 2018. Trade ministers from Canada, the United States and Mexico rejoined the talks this round with the aim of creating movement on contentious chapters....more

Signed, sealed and almost delivered - Canada’s new trademark law is in sight

by Smart & Biggar on

Canada is finally completing the last steps necessary for implementing its new trademark law. The changes will be the most significant in 50 years – both procedurally and substantively....more

Canada Announces Two New Initiatives To Hold Companies Accountable For Human Rights Violations Abroad

by Littler on

The Canadian Government recently announced two new initiatives to “strengthen Canada’s approach to responsible business conduct for Canadian companies doing business and operating abroad.” The first initiative is the creation...more

Email Marketing

by Bryan Cave on

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

B.C. Court Decision Provides Example of the State of Indigenous Law in Canada

Court decisions can often provide learning opportunities — they establish legal principles, apply those principles to certain facts, and illustrate relative trends, or stability, in the law. The recent decision of the B.C....more

Election Finances: Recent Reforms in British Columbia, Manitoba and New Brunswick

Election finance rules in British Columbia, Manitoba and New Brunswick have undergone significant reform over the past several months. British Columbia has now imposed monetary limits on political contributions, prohibited...more

Federal Government Overhauls Canadian Environmental Legislation

The federal government has, as promised, introduced two new pieces of legislation which together, overhaul the federal environmental assessment (now to be re-named impact assessment) regime in Canada; replace the National...more

Department of Finance Reviewing Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime

On February 7, 2018, the Department of Finance released a consultation paper (Paper) reviewing Canada’s anti-money laundering and anti-terrorist financing regime (AML/ATF). The Paper is intended to support parliament’s...more

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