Category: Practice Areas

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Ontario Considers Major Employment and Labour Law Reform: Key Recommendations and How They Will Impact Employers

May 26, 2017

On May 23, 2017, the Ontario government released The Changing Workplaces Review – Final Report, which recommends a sweeping overhaul to Ontario’s employment standards and labour relations legislation. The government has promised to move quickly on the recommendations which, if adopted, will have a significant impact on employers in Ontario. While there are numerous proposed amendments, the key recommendations are…

Ontario Introduces New International Commercial Arbitration Scheme

May 26, 2017

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to modernize international commercial arbitration in Ontario and to make Ontario a more desirable place to arbitrate such disputes. The ICAA applies to all international…

Banking Cannabis Clients Under Canada’s Anti-Money Laundering Regime

May 25, 2017

Unlike the United States, where the sale of cannabis remains illegal federally, the sale of cannabis for medicinal purposes has been legalized in Canada. Following a recent announcement by the Canadian government, legislation has now been proposed that would expand access to cannabis by legalizing the sale of recreational cannabis by registered dealers in Canada. Under the proposed legislation, the…

Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime

May 24, 2017

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec’s environmental approval regime. Bill 102 was tabled on June 7, 2016, following the publication of a green paper by Quebec’s Minister of Sustainable Development, Environment and the Fight against Climate Change, David Heurtel,…

Alert: Ontario Government Announces New Funding Framework for Defined Benefit Pension Plans

May 23, 2017

On May 19, 2017, the Ontario government announced that it is implementing a new funding framework for defined benefit pension plans, which includes: Requiring funding on a solvency basis in the event that a plan’s funded status falls below 85 per cent. That is, the new funding framework will not require funding on a solvency basis where the plan’s funded…

FCAC Publishes First Decision Regarding Non-Compliance with Code of Conduct

May 18, 2017

On May 15, 2017, the Financial Consumer Agency of Canada (FCAC) published Commissioner’s Decision #126 (Decision) regarding non-compliance with the Code of Conduct for the Credit and Debit Card Industry in Canada (Code of Conduct) by a payment card network operator (PCNO). The Decision is significant in that it is the first Commissioner’s Decision published regarding non-compliance with the Code…

Top 10 Issues for Employers, Issue #9: Personal Employee Information

May 18, 2017

This is the ninth instalment in our Top 10 Issues for Employers series. This instalment addresses privacy risks and best practices for employers with respect to the management of personal employee information. OVERVIEW Rapid advances in technology have made it possible for employers to collect all kinds of information during the employment relationship. The information collected about an employee may…

Canadian Securities Administrators Seek to Reduce Regulatory Burdens for Reporting Issuers

May 16, 2017

As part of their ongoing efforts to balance investor protection through sufficient disclosure with efficiency in the capital markets, the Canadian Securities Administrators (CSA) have identified potential areas of securities legislation applicable to non-investment fund reporting issuers where the regulatory burden may be reduced without compromising investor protections and the integrity of the capital markets, in Consultation Paper 51-404 –…

National Securities Regulator on the Ropes? Quebec Court of Appeal Rules Proposed Cooperative System Unconstitutional

May 15, 2017

On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system (Cooperative System) is in significant respects unconstitutional, although it ruled that the federal government’s proposed Capital Markets Stability Act (CMSA) was, excepting one aspect, within federal jurisdiction. The government of Quebec, which is opposed to the establishment of the Cooperative System and…

Take Two: Quebec Introduces Bill 134 to Modernize the Consumer Protection Act

May 11, 2017

On May 2, 2017, the Quebec government introduced new legislation intended to modernize the Quebec Consumer Protection Act (CPA), as well as provide for new consumer protection measures. The CPA provisions on credit, in particular, are long overdue for change as they have not been significantly amended since 1978. The liberal government, under Jean Charest, previously attempted to pass similar…

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