Category: Industries

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Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

November 23, 2017

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith, complete and communicate the result of its assessment and verification of ENMAX’s termination notice of the Keephills Power Purchase Arrangement issued on May 5, 2016….

Health Canada Releases Proposed Regulatory Framework for Cannabis

November 22, 2017

On November 21, 2017, Health Canada launched a public consultation on the much-anticipated regulatory approach for the proposed Cannabis Act, which will legalize and regulate the use of cannabis for recreational purposes (see our April 2017 Blakes Bulletin: Federal Government Introduces Cannabis Legislation for more information). The consultation paper (Paper) outlines a regulatory approach that builds on the significant consultations…

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…

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…

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,…

Protecting Cannabis Strains in Canada: A Growing Concern

October 26, 2017

Entrepreneurs and investors are quickly seeking to capitalize on what has been coined the “Green Rush” to the cannabis market. Those who finance, develop, produce and sell cannabis or cannabis derivatives should be cognizant of the intellectual property rights that are available in such products, as well as the risks of violating the rights of others. Plant breeders’ rights (PBRs),…

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