Category: Practice Areas

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Court Confirms Power of Alberta Aboriginal Consultation Office to Decide Who Gets Consulted

April 23, 2018

The Alberta Court of Queen’s Bench (Court) provided much-needed clarity about the role of the Alberta Aboriginal Consultation Office (ACO) and the duty to consult in Alberta in its decision in Athabasca Chipewyan First Nation v. Alberta (ACFN Decision). The ACFN Decision is one of a series of recent judicial review decisions that stem from questions about the role of…

Director Independence Regime – Time for a Change?

April 23, 2018

The Canadian Securities Administrators (CSA) have received formal submissions (Submissions) on Consultation Paper 52-404 – Approach to Director and Audit Committee Member Independence (Consultation Paper) from 27 commentators, ranging from public companies, large investors, governance commentators, professional bodies and practitioners at law firms, among others, with several Submissions representing the collective views of numerous contributing organizations. The Consultation Paper considers…

A Roadmap to Canada’s Rapidly Changing Lobbying Landscape: Q1 Highlights

April 19, 2018

Canada’s lobbying landscape is rapidly changing — a number of amendments have recently come into force or been proposed that revise lobbying, election finance and conflict of interest requirements in Alberta, British Columbia, New Brunswick and Prince Edward Island. Additionally, the cities of Edmonton and Vaughan have also changed their lobbying registration requirements. PROVINCIAL CHANGES Alberta Bill 11, Lobbyists Amendment…

Federal Data Breach Reporting Regulations Published – Take Effect November 2018

April 18, 2018

The final Breach of Security Safeguards Regulations (Regulations) under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) were made on March 26, 2018, and published on April 18, 2018. The Regulations set out prescribed requirements for mandatory breach reporting, which will come into force on November 1, 2018. BACKGROUND In 2015, amendments to PIPEDA (in the Digital Privacy…

Ontario Files Regulations in Support of Pension Plan Administrator Discharge Upon Annuity Purchase

April 18, 2018

The Ontario government recently filed O. Reg. 193/18, Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act (Regulation) under the Pension Benefits Act (PBA). The Regulation supports the provision in section 43.1 of the PBA that provides a discharge to the administrator of a single-employer defined benefit pension plan where the administrator complies with specified…

Highlights from CSA’s Report on Climate Change-Related Disclosure Project

April 17, 2018

The Canadian Securities Administrators (CSA) recently released Staff Notice 51-354 – Report on Climate change-related Disclosure Project (Report), providing the results of their review of climate change-related disclosure practices and the adequacy of the existing climate change-related disclosure regime in Canada. In addition, the staff notice sets out the CSA’s plan for continued evaluation and development of the Canadian securities…

No Such Thing as March Break (2018) – Selected Corporate and Securities Law Developments

April 13, 2018

March was once again a busy month this year for corporate and securities law developments, with the publishing of staff notices by the Toronto Stock Exchange (TSX), the Ontario Securities Commission (OSC) and Canadian Securities Administrators (CSA), as well as developments regarding proposed amendments to the Canada Business Corporations Act (CBCA) that continued to make their way through the legislative…

B.C. Looks to Amend Its Employment Standards Act, Proposes Expanded Leave of Absences

April 12, 2018

On April 9, 2018, the British Columbia government introduced Bill 6, which seeks to amend the B.C. Employments Standards Act (ESA), to provide employees with more generous and flexible pregnancy, parental and compassionate care leaves. Bill 6 also creates new job-security protections for parents upon the death or crime-related disappearance of their child. The changes to the ESA bring British…

Foreign Policy: Canadian Securities Administrators Release New Foreign Issuer Exemption

April 11, 2018

The Canadian Securities Administrators (CSA) announced they will amend National Instrument 45-102 – Resale Restrictions (NI 45-102) and Companion Policy to NI 45-102 (45-102CP) (Amendments) to provide for a new prospectus exemption for the resale of securities (and underlying securities) by a “foreign issuer”, thus making it easier for Canadian investors to participate in prospectus-exempt offerings by foreign issuers. The…

Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

April 11, 2018

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised concerns about whether the law, as he was required to apply it, fulfills its intended purpose of encouraging participation and expression on matters of public…

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