Category: Industries

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Supreme Court of Canada Promises New Utility Test for Patents

July 18, 2017

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…

Cannabis Legalization: Ontario Seeks Public Input to Develop Provincial Laws

July 14, 2017

Ontario’s path towards cannabis regulation took another step forward on July 12, 2017, as the Ontario provincial government released a consultation paper seeking input on how the province should approach cannabis legalization. The consultation paper comes on the heels of the introduction of the federal government’s Cannabis Act in April 2017 (see our April 13, 2017 Blakes Bulletin: Federal Government…

OSFI Looks to Further Tighten Mortgage Underwriting Standards, Issues Revised Guideline B-20 for Comment

July 11, 2017

On July 6, 2017, the Office of the Superintendent of Financial Institutions (OSFI) issued a revised version of Guideline B-20 – Residential Mortgage Underwriting Practices and Procedures (Draft Guideline) for comment. This Draft Guideline comes after OSFI issued a letter to the industry, on July 7, 2016, highlighting its concerns with residential mortgage underwriting practices and the adequacy of risk…

Canada Proposes New Regulations to Strengthen Rail Security for the Transportation of Dangerous Goods

July 10, 2017

On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The Rail Security Regulations are intended to strengthen the security of Canada’s rail system from potential sabotage or terrorist attack. Once enacted, the Rail Security Regulations will also bring Canada’s…

Quebec Court Rules on the Role of Social Acceptability in the Project Approval Process

July 6, 2017

On June 21, 2017, the Superior Court of Québec (Court) ruled against Ressources Strateco inc. (Strateco) in a decision that addresses the issue of social acceptability in the context of project approvals in Northern Quebec. In Ressources Strateco inc. c. Procureure générale du Québec, the Court rejected Strateco’s claim for approximately C$200-million in damages, including punitive damages, against the Attorney…

OSFI Cracks Down on the Use of the Words “Bank”, “Banker” and “Banking”

July 6, 2017

On June 30, 2017, the Office of the Superintendent of Financial Institutions Canada (OSFI) issued an advisory (Advisory) regarding the Bank Act (Canada) restrictions on the use of the words “bank”, “banker” and “banking” and equivalent words, as interpreted by OSFI. The Advisory signals, in particular, OSFI’s increased attention to the use of these words — as well as similar…

Emission Limit Implementation Recommendations from Alberta’s Oil Sands Advisory Group

June 30, 2017

On June 16, 2017, the Alberta Oil Sands Advisory Group (OSAG) released its report, Recommendations on Implementation of the Oil Sands Emissions Limit Established by the Alberta Climate Leadership Plan, which sets out recommendations for implementing and remaining within the 100 megatonne (MT) per year greenhouse gas (GHG) emissions limit for the oil sands sector (Emissions Limit) articulated in Alberta’s…

Canada’s New Energy Efficiency Regulations Come Into Force

June 28, 2017

On June 28, 2017, the federal Energy Efficiency Regulations, 2016 (New Regulations) came into force, repealing and replacing the original Energy Efficiency Regulations (Regulations). The New Regulations increase the energy efficiency standards for certain consumer and commercial products and take a step towards harmonizing Canada’s energy efficiency standards with those of the United States. OVERVIEW OF ENERGY EFFICIENCY REGULATIONS IN…

Canadian Bail-In Regulations: What You Need to Know

June 27, 2017

On June 16, 2017, Canada’s Department of Finance and the Office of the Superintendent of Financial Institutions (OSFI) published for comments a package of draft regulations and guidelines setting out the final details of Canada’s bail-in framework and related total loss absorbency capacity (TLAC) capital standard for Canada’s six domestic systemically important banks (DSIBs). The bail-in regulations are expected to…

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