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2018 Federal Budget: Selected Tax Measures

February 28, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget). The 2018 Budget includes measures affecting the taxation of passive income earned by private corporations, as was expected, although the changes are not as wide-spread as had been previously suggested. In addition, the 2018 Budget includes a mix of targeted anti-avoidance rules, legislative responses to…

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

February 27, 2018

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s white-collar enforcement landscape. The consultation focused on the potential introduction of a Canadian deferred prosecution agreement (DPA) regime and the effectiveness of the government-wide Integrity Regime (Integrity Regime). Concurrent…

Choose Your Own Adventure: IIROC Requests Input on Enforcement Alternatives

February 27, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) is engaged in a three-year strategic plan to expand its portfolio of enforcement options. As part of this initiative, IIROC has proposed two potential new enforcement options and has invited industry input. The proposal is to introduce a Minor Contravention Program (MCP) and Early Resolution Offers (ERO) into the IIROC enforcement portfolio….

Health Canada Proposes Front-of-Package Nutrition Labelling Requirements

February 27, 2018

The Government of Canada recently published proposed amendments to the Food and Drug Regulations (FDR) that if adopted, would significantly change key elements of the labelling of food products. The most notable amendments include new front-of-package (FOP) labelling requirements for products that contain threshold levels of certain nutrients the federal government has flagged as being of public health concern, specifically…

Competition Bureau Resolves Two Drip Pricing Cases

February 26, 2018

The Canadian Competition Bureau (Bureau) has recently reached settlements with Leon’s Furniture Limited (Leon’s) and The Brick Ltd. (The Brick) and Enterprise Rent-A-Car Canada Company (Enterprise), addressing marketing practices related to disclosure of fees. Companies should expect the Bureau will continue to ensure that advertised prices reflect all mandatory fees and surcharges. KEY TAKEAWAYS: The Bureau, federal government and various…

Quebec Court of Appeal Refines the Principles Applicable to the Characterization of Contracts

February 26, 2018

On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the Quebec Court of Appeal (Court) reaffirmed and elaborated on the principles applicable to the characterization of contracts as expressed in Montréal, Maine & Atlantique Canada Cie/Montreal, Maine & Atlantic Canada Co. (M.M.A.) (Arrangement relatif à). BACKGROUND…

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

February 22, 2018

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for resolution. The competence-competence doctrine is an internationally recognized principle that an arbitral tribunal has the power to determine its own jurisdiction. In Ontario, the doctrine has been enacted into both section…

2018 B.C. Budget: Real Property Implications

February 22, 2018

The NDP government in B.C. handed down its first full budget on February 20, 2018 and there were a number of initiatives that will affect the cost of acquisition and disposition of real property in B.C. Most of these initiatives are described in the Government’s 30-Point Plan for a Fairer Housing Market, which will not only affect residential property, but…

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

February 21, 2018

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 Commissioner and the Bureau des enquêtes indépendantes and expand the power of the Director of Criminal and Penal Prosecutions to grant certain benefits to cooperating witnesses (Act), implementing several of…

Canadian Competition Policy Focuses in on “Big Data”

February 20, 2018

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. Competition regulators around the world, from the U.S. to Japan to Germany and the European Union have also issued their own…

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