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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…

Provincial Cannabis Regimes Come Into Focus

November 10, 2017

Closely following the introduction of Ontario’s recent cannabis legislation, described in our November 2017 Blakes Bulletin: Ontario Introduces New Legislation to Regulate Recreational Cannabis, new details have emerged regarding the plans of the governments of New Brunswick and Manitoba to govern the sale of cannabis in their provinces. Plans for the Government of Alberta are expected to be released next…

Supreme Court of Canada Grants Leave to Challenge Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

November 9, 2017

On November 9, 2017, the Supreme Court of Canada (SCC) granted the leave application (Leave Application) filed by the Alberta Energy Regulator (AER) and the Orphan Well Association (OWA) in Orphan Well Association, et al v. Grant Thornton Limited, et al, which sought leave to appeal the decision of the majority of the Alberta Court of Appeal in Orphan Well…

New Canadian Sanctions Legislation in Effect: Sergei Magnitsky Law

November 7, 2017

On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML) imposing an asset freeze on a number of foreign nationals identified by the government to be responsible for, or complicit in, significant corruption or gross violations of human rights. Like other Canadian sanctions laws,…

A Look Inside B.C.’s New Spill Preparedness and Response Requirements: Who Is Affected and What’s Changed

November 7, 2017

Some companies transporting certain petroleum-based products in British Columbia will have to comply with new spill preparedness and response requirements, after amendments made to the B.C. Environmental Management Act (EMA) came into force on October 30, 2017. Our October 2017 Blakes Bulletin: British Columbia Implements New Spill Reporting Requirements discussed the new spill reporting regime implemented as part of these…

A Primer on Canadian Sanctions Legislation

November 7, 2017

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in many ways a trading nation, and many Canadian businesses have ties elsewhere, sanctions laws have a significant impact not only on the target countries but also on Canadian…

Ontario Introduces New Legislation to Regulate Recreational Cannabis

November 3, 2017

On November 1, 2017, the Ontario government introduced Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 (Bill) in the Ontario legislature, to establish regulations governing the sale, distribution, cultivation and consumption of cannabis in the province. In particular, the Bill seeks to enact the Cannabis Act, 2017 (Cannabis Act) and Ontario Cannabis Retail Corporation Act,…

Supreme Court Rejects First Nation’s Spiritual Objection to Ski Resort

November 3, 2017

On November 2, 2017, the Supreme Court of Canada (SCC) ruled in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) that a decision to approve the Jumbo Glacier Resort did not violate the Ktunaxa Nation’s (Ktunaxa) right to freedom of religion and did not breach the Crown’s duty to consult. The decision focuses on the reciprocal obligations…

Competition Bureau Announces Proposed Changes to Immunity Program

November 3, 2017

On October 26, 2017, Canada’s Competition Bureau (Bureau) released for comment a revised version of its Immunity Program, under which a party may receive immunity from prosecution from the Director of Public Prosecutions (Crown) if the party is the first to disclose an offence not yet detected by the Bureau or is the first to come forward before the Bureau…

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