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Is Your Lien Up to Code? B.C. Court Decisions Provide Clarity on Application of Builders Lien Act

November 20, 2017

The British Columbia Supreme Court (Court) recently released two decisions regarding the application of the Builders Lien Act (Act), providing clarity on limitation periods for filing a lien claim and the circumstances where an excessive lien claim can be discharged for lesser security. GREEN OAK In Green Oak Development Corp (West 7th) Corp. v. Hans Demolition & Excavating Ltd. (Inc….

Alberta Introduces New Legislation to Regulate Recreational Cannabis

November 17, 2017

On November 16, 2017, the Government of Alberta introduced Bill 26, An Act to Control and Regulate Cannabis (Bill), which contains the proposed regulatory framework for recreational cannabis sales in Alberta. The Bill seeks to amend the Gaming and Liquor Act (GLA) to govern the purchase, distribution, sale and consumption of recreational cannabis in the province and proposes a hybrid…

Quebec Introduces New Legislation to Regulate Recreational Cannabis

November 16, 2017

On November 16, 2017, the Government of Quebec tabled Bill 157, an Act to constitute the Société québécoise du cannabis, to enact the Cannabis Regulation Act and to amend various highway safety-related provisions (Bill), before the National Assembly of Quebec, to establish regulations governing the sale, distribution, cultivation and use of cannabis in the province. More specifically, the Bill constitutes…

Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017: Pension Issues

November 16, 2017

On November 14, 2017, the Ontario government released its 2017 Ontario Economic Outlook and Fiscal Review and introduced Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 (Bill 177), which looks to amend the Ontario Pension Benefits Act (Ontario PBA) and Financial Services Regulatory Authority of Ontario Act, 2016 (FSRA Act). Bill 177 also enacts the Financial Services Tribunal Act,…

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

November 16, 2017

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in Wood v. CTS of Canada Co. and CTS Corporation provides important guidance for employers when faced with a business restructuring or shutdown of operations. BACKGROUND…

Federal Environmental Regulatory Reform Program – Where Are We Now?

November 15, 2017

Last year, the Government of Canada launched a review of key federal environmental and natural resource regulatory laws and processes. Expert panels and parliamentary committees reviewed the laws, consulted with stakeholders, and provided recommendations on: The federal environmental assessment process The National Energy Board Fish habitat protection under the Fisheries Act Navigation protection under the Navigation Protection Act. While the…

Are Directors Independent? It Depends: CSA Revisiting Regime

November 15, 2017

The Canadian Securities Administrators (CSA) have released CSA Consultation Paper 52-404 – Approach to Director and Audit Committee Member Independence (Consultation Paper) and are inviting comments on the current approach to director independence determinations and board committee membership. Although the CSA regime has remained largely unchanged since 2004, the views of various governance commentators have evolved over time, with some…

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

November 14, 2017

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that organizations should only implement video surveillance in limited circumstances where other means of resolving an issue have been ineffective. BACKGROUND A chicken catching organization (Company) decided to introduce a…

Federal Government Proposes Excise Duties for Cannabis Producers

November 13, 2017

On November 10, 2017, the federal department of finance issued long-awaited legislative and regulatory proposals for the taxation of cannabis. Effectively, the proposed rules will place cannabis producers within the existing rules that currently apply excise duties on tobacco, wine and spirits producers under the Excise Act, 2001 (Canada) (Act), with modifications as applicable. These rules include a new tax…

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

November 13, 2017

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability of such practices. In Suncor Energy Inc. v. Unifor Local 707A, the Alberta Court of Appeal (Court of Appeal) held that an employer seeking to justify…

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